Opinion

Martin v. Department of Corrections

  • 140 Mich. App. 323
  • 364 N.W.2d 322
Court
Michigan Court of Appeals
Filed
Jan 23, 1985
Status
Published
Author
Shepherd
On the bench
Danhof, Hood, Shepherd
Cited by
9 cases

The opinion

Shepherd, J.

(concurring). I join the majority’s opinion because I agree that prisoners are members of the public, so that the exception (for internal directives) to the requirements of rule promulgation, MCL 24.207(g); MSA 3.560(107)(g), is not a defense to plaintiff’s claim. Accordingly, summary judgment was incorrectly granted on that basis.

However, our decision is not dispositive of the merits of this case. This is an appeal from a grant of summary judgment. On remand, defendant may cite other grounds for the department’s failure to promulgate the directive as a rule. See, MCL 24.207(h); MSA 3.560(107)(h). Furthermore, defendant may attempt to establish, if it can, that the substance abuse committed by plaintiff is a violation of Rule 501(2), e.g., behavior that constitutes a felony, serious insubordination, repeated rule violations or violation of rules that clearly jeopardizes facility security. Our decision neither overturns the result of plaintiff’s disciplinary proceeding nor restores any disciplinary credits to him. Those issues remain open. Schinzel v Marquette Prison Warden, 419 Mich 865 ; 348 NW2d 5 (1984).

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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