In In re Estate of Bradley (1), the Michigan Supreme Court held the Governmental Tort Liability Act (GTLA), MCL 691.1401, et seq., provides immunity from tort liability to a county sheriff and his or her deputies for alleged violation of a probate court order, which resulted in the suicide death of a patient awaiting transport [...]
Category: Law Enforcement Issues
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 [...]
Michigan Supreme Court to Analyze State and Federal Preemption of Local Zoning Ordinances Outlawing Marijuana Use
On April 3, 2013, the Supreme Court granted the City of Wyoming's Application for Leave to Appeal the Court of Appeals ruling that its local zoning ordinance, enacted to prohibit use of marijuana, conflicted with the Michigan Medical Marihuana Act (MMMA) and the federal Controlled Substances Act. The Supreme Court has requested the parties to [...]
I updated this post with some important legal authority.