Tag: sovereign immunity

Michigan Supreme Court Poised to Decide Whether Strict or Substantial Compliance is Sufficient Under Highway Exception to Governmental Immunity

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Oral arguments on applications to the Michigan Supreme Court have been scheduled to determine whether the notice provisions of the Governmental Tort Liability Act’s (GTLA) “highway exception” to immunity are to be “strictly” or only “substantially” complied with. The order springs from two Court of Appeals cases, Wigfall v Detroit, and West v Detroit. Both cases [...]

County Sheriff Not Liable for Civil Damages for Contempt of Probate Court Order to Estate of Mental Health Patient Awaiting Transport to County Mental Health Facility

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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 [...]