# York v. City of Detroit

> Michigan Supreme Court · September 23, 1991 · 438 Mich. 744

URL: https://www.frixlaw.com/law-library/cases/9706740

## Case

- **Full name:** York v. City of Detroit (After Remand)
- **Court:** Michigan Supreme Court
- **Decided:** September 23, 1991
- **Citations:** 438 Mich. 744; 475 N.W.2d 346
- **Precedential status:** Published
- **Opinion:** Concurrence by Levin
- **Judges:** Cavanagh, Levin, Brickley, Riley, Griffin, Boyle, Mat, Lett
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9706740

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9706740. Public record. Not legal advice.