Later courts went against this
Overruled in part, on other grounds by York v. City of Detroit, 438 Mich. 744 (1991)
326 NW2d 547 (1982), overruled in part on other grounds by York v Detroit, 438 Mich 744
The opinion
R. M. Maher, J.
(dissenting in part). I dissent from the majority’s holding that the trial court *523 erred in directing a verdict in favor of Police Chief Krasny. The proper test of governmental immunity does not rest on the discretionary-ministerial distinction. Rather, "the proper test to apply is merely whether the [employees] were acting within the scope of their employment. If so, they cannot be held liable.” Gaston v Becker, 111 Mich App 692, 698 ; 314 NW2d 728 (1981). See also Shwary v Cranetrol Corp, 119 Mich App 736 ; — NW2d — (1982). Because the plaintiff does not contend that Police Chief Krasny’s acts were ultra vires or outside the scope of his employment, plaintiff has failed to allege sufficient facts to show that Chief Krasny was not protected by governmental immunity. The trial court did not err in directing a verdict in favor of Chief Krasny. See Shwary, supra.