Although the Court of Appeals does not use the term "substantial compliance" in this case, it rules that there was enough information in the plaintiff's communications to the City of Detroit to provide the city with proper notice of a defect in a sidewalk within the meaning of MCL 691.1404 (the notice provision concerning the [...]
Category: Governmental Immunity
Police Chief Absolutely Immune for Conducting Arrest Under Michigan Governmental Immunity Provisions
On June 20, 2013, the Michigan Supreme Court issued a 3-2 Opinion (Justices McCormack and Viviano not participating) holding that “absolute immunity” for executive level government officials applied as well to the performance by these officials of the duties and powers that subordinate governmental employees have in the same governmental department. This is a remarkable [...]
Michigan Supreme Court Issues 3-2 Decision on Meaning of “Absolute Immunity” for Executive Level Government Officials Under MCL 691.1407(5)
On June 20, 2013, the Michigan Supreme Court issued a 3-2 Opinion (Justices McCormack and Viviano not participating) holding that "absolute immunity" for executive level government officials applied as well to the performance by these officials of the duties and powers that subordinate governmental employees have in the same governmental department. This is a remarkable [...]
Supreme Court Passes on Court of Appeals Ruling Holding “Substantial” or “Adequate” Compliance with Notice of a Road Defect was Sufficient to Withstand Government’s Immunity Motion
In a somewhat surprising move, the Michigan Supreme Court issued an order on May 1, 2012 allowing a Court of Appeals decision to stand in a case in which the latter court, in a 2-1 decision, ruled that notice of the location of a defect in a highway within the city of Lansing was sufficient. [...]
Amicus Curiae Brief filed for Oakland, Wayne and Macomb Counties in Michigan Supreme Court
I filed the attached brief amicus curiae on behalf of the three largest (by population) and contiguous counties in Michigan in the Supreme Court in support of the Department of Transportation's Application for Leave to appeal in the case of Yono v. Dep't of Transportation, 299 Mich. App. 102 (2012). Here is the brief: Yono v. Department of [...]