38 Michigan opinions name it 2 courts 1921–2024 3 in the last five years
The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Electri-Tech, Inc. v. H F Campbell Co.green2 sentences2023See Electro-Tech, Inc v HF Campbell Co, 433 Mich 57 , 91 n 38; 445 NW2d 61 (1989) (“Since the obligation to pay just compensation arises under the constitution and not in tort, the immunity doctrine does not insulate the government from liability.”). 2023See Electro-Tech, Inc v HF Campbell Co, 433 Mich 57 , 91 n 38; 445 NW2d 61 (1989) (“Since the obligation to pay just compensation arises under the constitution and not in tort, the immunity doctrine does not insulate the government from liability.”). | 1 | 2 |
Wiggins v. City of Burtongreen2 sentences2016“Since the obligation to pay just compensation arises under the constitution and not in tort, the immunity doctrine does not insulate the government from liability.” Electro-Tech, Inc v H F Campbell Co, 433 Mich 57 , 91 n 38; 445 NW2d 61 (1989); see also Wiggins v City of Burton, 291 Mich App 532 , 574 n 9; 805 NW2d 517 (2011) (“Naturally, the City is not entitled to governmental immunity with respect to the . . . inverse-condemnation claim.”). 2016“Since the obligation to pay just compensation arises under the constitution and not in tort, the immunity doctrine does not insulate the government from liability.” Electro-Tech, Inc v H F Campbell Co, 433 Mich 57 , 91 n 38; 445 NW2d 61 (1989); see also Wiggins v City of Burton, 291 Mich App 532 , 574 n 9; 805 NW2d 517 (2011) (“Naturally, the City is not entitled to governmental immunity with respect to the . . . inverse-condemnation claim.”). | 1 | 1 |
Contesti v. Attorney Generalgreen2 sentences2016See Contesti v Attorney General, 164 Mich App 271, 278 ; 416 NW2d 410 (1987) (discussing mootness). [Citation omitted.] Accordingly, the trial court did not err by refusing to suppress the evidence merely because the affidavit did not establish that defendant was not entitled to the immunity defense under § 4 of the MMMA. 10 Finally, defendant argues that the trial court erred by finding that he had delivered marijuana to another occupant of the house, Kelrick Traylor. 2016See Contesti v Attorney General, 164 Mich App 271, 278 ; 416 NW2d 410 (1987) (discussing mootness). [Citation omitted.] Accordingly, the trial court did not err by refusing to suppress the evidence merely because the affidavit did not establish that defendant was not entitled to the immunity defense under § 4 of the MMMA. 10 Finally, defendant argues that the trial court erred by finding that he had delivered marijuana to another occupant of the house, Kelrick Traylor. | 1 | 1 |
People v. Kolanek; People v. Kinggreen1 sentence2013See Kolanek, 491 Mich at 397 (“We must give the words of the MMMA their ordinary and plain meaning as would have been understood by the electorate.”)- When a statute provides a definition of a term, we are not “left dependent upon dialect, colloquialism, the language of the arts and sciences, or even the common understanding of the man in the street. | 1 | 1 |
Sanfilippo v. County of Santa Cruzgreen2 sentences1989Tamulion v State Waterways Comm, 50 Mich App 60, 67 ; 212 NW2d 828 (1973); see also Sanfilippo v Santa Cruz Co, 415 F Supp 1340, 1343 (ND Cal, 1976) (the doctrine of governmental immunity applies to tort actions and certainly would not apply to "actions brought under constitutional provisions guaranteeing just compensation for public takings of private property"). 1989Tamulion v State Waterways Comm, 50 Mich App 60, 67 ; 212 NW2d 828 (1973); see also Sanfilippo v Santa Cruz Co, 415 F Supp 1340, 1343 (ND Cal, 1976) (the doctrine of governmental immunity applies to tort actions and certainly would not apply to "actions brought under constitutional provisions guaranteeing just compensation for public takings of private property”). | 1 | 1 |
Myers v. Genesee County Auditorgreen2 sentences1978See Myers v Genesee County Auditor, 375 Mich 1 ; 133 NW2d 190 (1965). 1978See Myers v Genesee County Auditor, 375 Mich 1 ; 133 NW2d 190 (1965). | 1 | 1 |
Buckeye Union Fire Insurance v. Stategreen2 sentences1978In Buckeye Union Fire Insurance Co v Michigan, 383 Mich 630, 640-644 ; 178 NW2d 476, 482-483 (1970), the Supreme Court held that the Legislature’s power to grant governmental agencies sovereign immunity is limited by the constitutional provision prohibiting the taking of private property for public use without compensation. 1978In Buckeye Union Fire Insurance Co v Michigan, 383 Mich 630, 640-644 ; 178 NW2d 476, 482-483 (1970), the Supreme Court held that the Legislature’s power to grant governmental agencies sovereign immunity is limited by the constitutional provision prohibiting the taking of private property for public use without compensation. | 1 | 1 |
| Cannon v. Cannongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Latits v. Phillips
green
2 sentences2024But “showing that an officer made a mistake does not defeat an immunity defense.” Latits v Phillips, 298 Mich App 109, 115 ; 826 NW2d 190 (2012). 2024But “showing that an officer made a mistake does not defeat an immunity defense.” Latits v Phillips, 298 Mich App 109, 115 ; 826 NW2d 190 (2012). | 4 | 2018–2024 |
Tamulion v. State Waterways Commission
green
2 sentences1995As stated by the Supreme Court, "[s]ince the obligation to pay just compensation arises under the constitution and not in tort, the immunity doctrine does not insulate the government from liability." Id. 1995As stated by the Supreme Court, "[s]ince the obligation to pay just compensation arises under the constitution and not in tort, the immunity doctrine does not insulate the government from liability.” Id. | 2 | 1989–1995 |
Thom v. State Highway Commissioner
green
2 sentences2023As our Supreme Court explained in Thom v State Hwy Comm’r, 376 Mich 608, 628 ; 138 NW2d 322 (1965): To permit the State to assert the defense of governmental immunity in such circumstances would be utterly to vitiate the constitutional provision providing for just compensation for the taking of private property for public use, for it would mean that the owner of property alleged to have been taken without compensation would be left without judicial recourse. 2023As our Supreme Court explained in Thom v State Hwy Comm’r, 376 Mich 608, 628 ; 138 NW2d 322 (1965): To permit the State to assert the defense of governmental immunity in such circumstances would be utterly to vitiate the constitutional provision providing for just compensation for the taking of private property for public use, for it would mean that the owner of property alleged to have been taken without compensation would be left without judicial recourse. | 1 | 2023–2023 |
Altobelli v. Hartmann
green
2 sentences2022The trial court awarded summary disposition to defendants “on an immunity defense for purposes of [MCR 2.116](C)(7),” and “[t]his Court reviews de novo a circuit court’s decision on a motion for summary disposition brought under MCR 2.116(C)(7).” Altobelli v Hartmann, 499 Mich 284, 294-295 ; 884 NW2d 537 (2016). 2022The trial court awarded summary disposition to defendants “on an immunity defense for purposes of [MCR 2.116](C)(7),” and “[t]his Court reviews de novo a circuit court’s decision on a motion for summary disposition brought under MCR 2.116(C)(7).” Altobelli v Hartmann, 499 Mich 284, 294-295 ; 884 NW2d 537 (2016). | 1 | 2022–2022 |
Beals v. Michigan
green
2 sentences2022Furthermore, the trial court’s invocation of “immunity is a question of law that this Court reviews de novo on appeal.” Beals v Michigan, 497 Mich 363, 369 ; 871 NW2d 5 (2015). 2022Furthermore, the trial court’s invocation of “immunity is a question of law that this Court reviews de novo on appeal.” Beals v Michigan, 497 Mich 363, 369 ; 871 NW2d 5 (2015). | 1 | 2022–2022 |
Forrester v. White
green
1 sentence2015Id. at 229 . | 1 | 2015–2015 |
Maiden v. Rozwood
green
1 sentence2015Maiden, 461 Mich at 134 . | 1 | 2015–2015 |
Harlow v. Fitzgerald
green
1 sentence2014When the law is clearly established, “the immunity defense ordinarily should fail, since a reasonably competent [police officer] should know the law governing his [or her] conduct.” Harlow, 457 US at 818-819 . | 1 | 2014–2014 |
Costa v. Community Emergency Medical Services, Inc
green
1 sentence2008"Allowing governmental employee defendants to raise an immunity defense while simultaneously requiring that they disrupt their duties and expend time and taxpayer resources to prepare an unnecessary affidavit of meritorious defense, would render illusory the immunity afforded by the [governmental tort liability act, MCL 691.1401 et seq. ]." Costa, supra at 410 , 716 N.W.2d 236 . | 1 | 2008–2008 |
McNair v. State Highway Department
green
1 sentence1999We further conclude that, if an official or agent of the state cannot waive immunity by failing to plead it, McNair, supra, defendant could not waive immunity even if, as plaintiff argues, defendant failed to assent to the contract modification. | 1 | 1999–1999 |
Hickey v. Zezulka
green
2 sentences1997Before a claim under a building design defect can support invoking the immunity exception, such a design must more directly cause the injury at issue. [ Id. at 424 , 487 N.W.2d 106 .] With no defect in the building itself having been found, the Court explained that "more effective supervision would have overcome this alleged design defect in the holding cell." Id. 1997Before a claim under a building design defect can support invoking the immunity exception, such a design must more directly cause the injury at issue. [ Id. at 424 , 487 N.W.2d 106 .] With no defect in the building itself having been found, the Court explained that "more effective supervision would have overcome this alleged design defect in the holding cell." Id. | 1 | 1997–1997 |
Jackson v. Detroit
green
2 sentences1997More recently, in Jackson v Detroit, 449 Mich 420 ; 537 NW2d 151 (1995), the “proper supervision” language was again referenced. 1997More recently, in Jackson v Detroit, 449 Mich 420 ; 537 NW2d 151 (1995), the “proper supervision” language was again referenced. | 1 | 1997–1997 |
Williamson v. Department of Mental Health
green
1 sentence1996In this case, unlike the defective piping system in Williamson, supra, the Court of Claims specifically found that the existing smoke detectors in the ventilation system of unit 2 did not constitute a dangerous or defective condition of a public building because they had worked properly, "although somewhat delayed simply because of the time needed in order to move smoke from the cell through the venting system to the detector.” However, plaintiffs position at trial was that each cell in unit 2 should have been equipped with automatic smoke detectors as required by the National Fire Protection | 1 | 1996–1996 |
Cleavinger v. Saxner
green
2 sentences1991In Cleavinger v Saxner, 474 US 193 ; 106 S Ct 496 [ 88 L Ed 2d 507 ] (1985), the court held that the members of a federal prison discipline committee, who hear cases in which inmates are charged with infractions of institutional rules, are entitled only to qualified, rather than absolute, immunity from suits alleging that they have violated prisoners’ constitutional rights. 1991In Cleavinger v Saxner, 474 US 193 ; 106 S Ct 496 [ 88 L Ed 2d 507 ] (1985), the court held that the members of a federal prison discipline committee, who hear cases in which inmates are charged with infractions of institutional rules, are entitled only to qualified, rather than absolute, immunity from suits alleging that they have violated prisoners’ constitutional rights. | 1 | 1991–1991 |
Canon v. Thumudo
green
2 sentences1989Ross, supra at 634-635 ; Canon v Thumudo, 430 Mich 326, 333-334 ; 422 NW2d 688 (1988). 1989Ross, supra at 634-635 ; Canon v Thumudo, 430 Mich 326, 333-334 ; 422 NW2d 688 (1988). | 1 | 1989–1989 |
Rice v. City of Flint
green
2 sentences1988Citations omitted.] Rice v Flint, 67 Mich 401 ; 34 NW 719 (1887), also fits within the trespass-nuisance category, although Rice does not mention the immunity defense. 1988Citations omitted.] Rice v Flint, 67 Mich 401 ; 34 NW 719 (1887), also fits within the trespass-nuisance category, although Rice does not mention the immunity defense. | 1 | 1988–1988 |
Ross v. Consumers Power Co.
red
2 sentences1985The nuisance exception to governmental immunity is still unclear although the Supreme Court did indicate that a properly pled nuisance action would avoid the doctrine of immunity in Ross v Consumers Power Co (On Rehearing), 420 Mich 567, 657 ; 363 NW2d 641 (1985). 1985The nuisance exception to governmental immunity is still unclear although the Supreme Court did indicate that a properly pled nuisance action would avoid the doctrine of immunity in Ross v Consumers Power Co (On Rehearing), 420 Mich 567, 657 ; 363 NW2d 641 (1985). | 1 | 1985–1985 |
Ford v. City of Detroit
green
2 sentences1984Because the three justices arguing for a broad exception and the Williams/Moody faction agreed on an exception for intentional nuisances, we adopt this exception pending a more definitive ruling. 1 See Ford v Detroit, 91 Mich App 333, 336 ; 283 NW2d 739 (1979). 1984Because the three justices arguing for a broad exception and the Williams/Moody faction agreed on an exception for intentional nuisances, we adopt this exception pending a more definitive ruling. 1 See Ford v Detroit, 91 Mich App 333, 336 ; 283 NW2d 739 (1979). | 1 | 1984–1984 |
Procunier v. Navarette
green
2 sentences1984However, 'the immunity defense would be unavailing * * * if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have known of that right, and if they knew or should have known that their conduct violated the constitutional norm.’ Procunier v Navarette, 434 US 555, 562 ; 98 S Ct 855, 860 ; 55 L Ed 2d 24 (1978). 1984However, 'the immunity defense would be unavailing * * * if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have known of that right, and if they knew or should have known that their conduct violated the constitutional norm.’ Procunier v Navarette, 434 US 555, 562 ; 98 S Ct 855, 860 ; 55 L Ed 2d 24 (1978). | 1 | 1984–1984 |
Placek v. City of Sterling Heights
green
2 sentences1980In her separate opinion in Placek v Sterling Heights, 405 Mich 638, 683 ; 275 NW2d 511 (1979), Chief Justice Coleman persuasively advanced a number of reasons for the purely prospective application of the newborn doctrine of comparative negligence. 1980In her separate opinion in Placek v Sterling Heights, 405 Mich 638, 683 ; 275 NW2d 511 (1979), Chief Justice Coleman persuasively advanced a number of reasons for the purely prospective application of the newborn doctrine of comparative negligence. | 1 | 1980–1980 |
London Guarantee & Accident Co. v. Smith
green
1 sentence1977London Guarantee & Accident Co v Smith, 242 Minn 211; 64 NW2d 781 (1954), Holodook v Spencer, 36 NY2d 35 ; 364 NYS2d 859 ; 324 NE2d 338 (1974), Lyles v Jackson, 216 Va 797; 223 SE2d 873 (1976), Rutkowski v Wasko, 286 App Div 327 ; 143 NYS2d 1 (1955). | 1 | 1977–1977 |
Lyles v. Jackson
green
1 sentence1977London Guarantee & Accident Co v Smith, 242 Minn 211; 64 NW2d 781 (1954), Holodook v Spencer, 36 NY2d 35 ; 364 NYS2d 859 ; 324 NE2d 338 (1974), Lyles v Jackson, 216 Va 797; 223 SE2d 873 (1976), Rutkowski v Wasko, 286 App Div 327 ; 143 NYS2d 1 (1955). | 1 | 1977–1977 |
| Rutkowski v. Wasko green | 1 | 1977–1977 |
Holodook v. Spencer
green
2 sentences1977London Guarantee & Accident Co v Smith, 242 Minn 211; 64 NW2d 781 (1954), Holodook v Spencer, 36 NY2d 35 ; 364 NYS2d 859 ; 324 NE2d 338 (1974), Lyles v Jackson, 216 Va 797; 223 SE2d 873 (1976), Rutkowski v Wasko, 286 App Div 327 ; 143 NYS2d 1 (1955). 1977London Guarantee & Accident Co v Smith, 242 Minn 211; 64 NW2d 781 (1954), Holodook v Spencer, 36 NY2d 35 ; 364 NYS2d 859 ; 324 NE2d 338 (1974), Lyles v Jackson, 216 Va 797; 223 SE2d 873 (1976), Rutkowski v Wasko, 286 App Div 327 ; 143 NYS2d 1 (1955). | 1 | 1977–1977 |
| Sherbutte v. City of Marine City green | 1 | 1976–1976 |
| Picard v. Greisinger green | 1 | 1970–1970 |
| Dunlap v. Dunlap green | 1 | 1966–1966 |
| Keenan v. County of Midland green | 1 | 1966–1966 |
| Henderson v. Henderson green | 1 | 1966–1966 |
| Cowgill, Adm'r v. Boock, Adm'r green | 1 | 1966–1966 |
| Myers v. Tranquility Irrigation District green | 1 | 1966–1966 |
| Goller v. White green | 1 | 1966–1966 |
| Emery v. Emery green | 1 | 1966–1966 |
| Nudd v. Matsoukas green | 1 | 1966–1966 |
| Harbin v. Harbin neutral | 1 | 1966–1966 |
| Trudell v. Leatherby green | 1 | 1966–1966 |
| Brawner v. Brawner green | 1 | 1965–1965 |
| Bridges v. Forbes green | 1 | 1965–1965 |
| Hagy v. Norfolk & Western Railway Co. neutral | 1 | 1965–1965 |
| Kennedy v. Camp green | 1 | 1965–1965 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.