COVID19 – Legal Opinion Letter Prepared for County Sheriffs in Michigan Addressing Potential Civil Liabilities for Enforcing Orders that Violate Fundamental Constitutional Rights Under Federal and State Law

Constitutional Rights Cannot Be Quarantined! We have consulted municipal insurers, governmental entities and law enforcement agencies on several aspects of potential liabilities arising from enforcement of executive orders issued in response to the COVID-19 pandemic. Below is our letter addressing potential civil liability for law enforcement and prosecutors under state and federal law. https://lexforipllc.com/wp-content/uploads/2020/05/Final-Letter-and-Memo-re-Constitutional-Violations-by-Enforcement-of-Executive-Orders-Re-COVID-19.pdf Click [...]

Subjective Good Faith Exception Established by Michigan Supreme Court in Odom v Wayne County Continues to Clearly Delineate Parameters of Liability for Law Enforcement Officers in Michigan

In a case brought to the Michigan Supreme Court by Carson J. Tucker in 2008, Odom v. Wayne County, a seminal (and essentially unanimous) decision and a lasting jurisprudential pillar of governmental tort liability law in Michigan, the Court interpreted the "subjective, good-faith" exception to intentional tort and gross-negligence claims found in Michigan's Governmental Tort [...]

United States Supreme Court Holds Federal Statute of Limitations Tolling Provision “Stops” Remaining Time to File State Law Claims Under Applicable State Statute of Limitations

In a 5 to 4 decision, Artis v. District of Columbia, 199 L. Ed.2d 473 (2018), the United States Supreme Court has held that 28 USC § 1367, the "supplemental jurisdiction" statute containing a statute of limitations tolling provision, stops the remaining time within which to file state law claims if the federal suit is dismissed. The holding [...]