Opinion

York v. City of Detroit

  • 438 Mich. 744
  • 475 N.W.2d 346
Court
Michigan Supreme Court
Filed
Sep 23, 1991
Status
Published
Author
Levin
On the bench
Cavanagh, Levin, Brickley, Riley, Griffin, Boyle, Mat, Lett
Cited by
39 cases

The opinion

Levin, J.

I concur in the view expressed by the majority that a lockup in a precinct police station is not a "jail” or "penal institution,” and therefore the trial court did not err in refusing to instruct the jury regarding the applicability of rules and regulations promulgated by the Department of Corrections on the basis of its supervisory responsibility respecting jails and penal institutions.

I would leave open the question whether a lockup located in a facility that serves both as a jail and as a lockup is subject to the regulatory authority of the Department of Corrections.

The conclusion that the trial court did not err in refusing to instruct the jury regarding the applicability of rules and regulations promulgated by the Department of Corrections makes it unnecessary to consider the parameters of a § 1983 claim.

Mat,lett, J., took no part in the decision of this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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