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 [...]
Category: Governmental Immunity
Supreme Court of Michigan to Address Retroactive Application of MCL 224.21’s 60-day Notice Provision to Defective Highway Claims Against Governmental Entities
Michigan Supreme Court to Reconsider 60-Day Notice Provision as Applied to County Road Commissions and Other Governmental Entities
Court of Appeals Addresses Effect of Incapacity to Give Notice in Suit Under Highway Exception
The Michigan Court of Appeals interprets the interplay between the notice provision in the highway exception to governmental immunity and the
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 [...]
Carson J. Tucker Files Supreme Court Application in Highway Defect Case
Law Offices of Carson J. Tucker filed an application in the Michigan Supreme Court on February 25 in the case of Menard v Imig requesting the Michigan Supreme Court to tie up loose ends in the interpretation of the notice provision in the Highway Exception to governmental immunity under the Governmental Tort Liability Act (GTLA), [...]