Case law

Mudge v. MacOmb County

210 Mich. App. 436 · Michigan Court of Appeals · May 5, 1995

The trial court dismissed the monetary damages claim, finding that defendant sheriff (and his employees) were entitled to either absolute quasi-judicial or qualified immunity. … In a § 1983 action, municipalities cannot invoke a qualified immunity defense based on good faith, al *446 though they are immune to claims for punitive damages.

Armstrong v. Ross Township

82 Mich. App. 77 · Michigan Court of Appeals · Mar 20, 1978

In Woods v Strickland, supra, the Supreme Court found only a qualified immunity available to school board members in the exercise of legislative and judicial powers. … Thus, we find those officials had only a qualified immunity from suit, the scope of which is that set forth by the Supreme Court in Woods.

Washington v. Starke

173 Mich. App. 230 · Michigan Court of Appeals · Nov 22, 1988

In suits brought pursuant to § 1983, the courts have granted to lesser public officials a qualified immunity similar to that granted them by Ross, supra. … The pertinent question, therefore, is whether the unconstitutionality of Tuscaloosa’s policy regarding use of deadly force was "clearly established” at the time of the shooting.

Costa v. Community Emergency Medical Services, Inc

263 Mich. App. 572 · Michigan Court of Appeals · Nov 10, 2004

evidence tending to establish defendants’ gross negligence in treating Costa. … failed to establish gross negligence or proximate cause.

Pierce v. City of Lansing

694 N.W.2d 65 · Michigan Court of Appeals · Mar 29, 2005

immunity, M.C.L. § 691.1406. … Defendant first argues that the trial court erred in finding that the parking structure where plaintiff was injured qualifies as a public building. Governmental immunity is a question of law that is reviewed de novo.

Fuhrmann v. Hattaway

109 Mich. App. 429 · Michigan Court of Appeals · Sep 10, 1981

The standard for review of summary judgments based on GCR 1963, 117.2(1), is well established. … As such, they are cloaked with governmental immunity.

Grahovac v. Munising Township

263 Mich. App. 589 · Michigan Court of Appeals · Sep 21, 2004

government officials absolute immunity while bestowing others with only qualified immunity: “It is assumed through the broad grant of immunity to certain public employees that these officials and, therefore, their governmental … Rather, the qualified immunity set forth in MCL 691.1407(2) sufficiently protects those who are merely responding to— but not making—established administrative guidelines, regulations, and informal policy.

Guider v. Smith

157 Mich. App. 92 · Michigan Court of Appeals · Jan 6, 1987

This principle of qualified immunity is sometimes referred to as "good faith immunity," which implies that the state of mind of the police officer is relevant. … However, the only inquiries relevant to the defense of qualified immunity concern the established state of the law at the time the incident occurred and the officer's compliance with that law.

Payton v. Wayne County

137 Mich. App. 361 · Michigan Court of Appeals · Jul 11, 1984

, and thus entitled *368 to only the protection of the lesser qualified, good faith immunity. … Since the statements in question were clearly uttered while the defendants were performing prosecutorial functions and duties, their acts were quasi-judicial in nature and thus absolutely immune from liability. Reversed.

Donigan v. Finn

95 Mich. App. 28 · Michigan Court of Appeals · Jan 22, 1980

Defendant appeals by leave granted from a March 16, 1978, Wayne County Circuit Court order denying defendant’s motion for summary judgment on grounds of qualified immunity in this attorney malpractice case. … Defendant moved for summary judgment, arguing that appointed counsel for indigent defendants enjoy a qualified immunity from suits for malpractice in their conduct of the defense.

Manning v. City of Hazel Park

202 Mich. App. 685 · Michigan Court of Appeals · Dec 6, 1993

Plaintiff has clearly established a prima facie case of age and sex discrimination under the intentional discrimination theory. Plaintiff was a fifty-six-year-old woman when she was discharged. … Governmental immunity is not a defense to a claim brought under the Civil Rights Act.

Williamson v. Jones

125 Mich. App. 433 · Michigan Court of Appeals · May 3, 1983

As such, they are cloaked with governmental immunity. … The trial court’s reliance upon Perry, supra, and Fuhrmann, supra, clearly reveals the grounds the court relied upon. Affirmed. No costs, a public question involved.

Alexander v. Riccinto

192 Mich. App. 65 · Michigan Court of Appeals · Nov 19, 1991

The question whether qualified immunity is available as a matter of law as a defense against a claim of excessive force by a law enforcement officer in effectuating an arrest is one on which the federal circuits disagree. … Having previously held that the reasonableness of defendant Riccinto’s use of force must be determined by the factfinder on remand, we believe the *73 question of his entitlement to qualified immunity cannot be determined

Rakowski v. Sarb

269 Mich. App. 619 · Michigan Court of Appeals · Apr 12, 2006

Clearly, therefore, the foreseeability of harm has a closer nexus to the construction of the ramp than to the limited, visual inspection conducted by Mr. Sarb. … Sarb’s motion for summary disposition is reversed. 1 Defendant would also qualify as an “officer” for purposes of MCL 691.1407(2).

Vandentoorn v. Bonner

129 Mich. App. 198 · Michigan Court of Appeals · Sep 27, 1983

Plaintiff maintains that, in the event that Bonner is cloaked with qualified immunity, the common-law definition of malice, rather than the New York Times standard of actual malice, applies. … Based on Wynn and the other cases cited in fn 11, we reject plaintiffs argument and apply the New York Times standard of actual malice to defendants’ qualified immunity.

Lowery v. Department of Corrections

146 Mich. App. 342 · Michigan Court of Appeals · Oct 8, 1985

Quern indicated that if Congress had intended to abrogate such a well-established right it would have done so in a more express fashion. … Thus, as a public official, he is entitled to qualified immunity.

Berrie v. Marvin

117 Mich. App. 134 · Michigan Court of Appeals · Jun 10, 1982

Clearly, the response of the Murray majority fell somewhere in between. … In other words, assuming, arguendo, that the Supreme Court intended the new rule to apply to some cases pending at the trial level, the qualifying words "express challenge” clearly indicate the Court did not intend the new

Hatch v. Grand Haven Charter Township

230 Mich. App. 705 · Michigan Court of Appeals · Oct 7, 1998

However, the question remains whether the path qualifies as a sidewalk within the defective highway exception. According to defendant, the path was created as a bicycle path. … Accordingly, we conclude that the path qualifies as a sidewalk for purposes of the highway exception at the point where plaintiff fell. 3 Consequently, defendant is not entitled to immunity. Listanski, supra.

Lm v. State of Michigan

307 Mich. App. 685 · Michigan Court of Appeals · Nov 6, 2014

Specifically, MCL 380.1278(3) refers to the local district’s responsibility to establish an actual curriculum for implementation with students. … These cases do not establish that a plaintiff may infer a private cause of action for damages against a governmental agency.

People v. Koon

296 Mich. App. 223 · Michigan Court of Appeals · Apr 17, 2012

If the drafters of the MMMA had wanted to include immunity for the operation of a motor vehicle in MCL 333.26424, the act would have explicitly granted immunity either in MCL 333.26424(a) or in MCL 333.26423(e). … These protections, or immunities from lawbreaking, are very limited in scope.