protections of governmental immunity (Michigan) · Go Syfert
← Michigan issues

protections of governmental immunity in Michigan

11 Michigan opinions name it 2 courts 1989–2024 2 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.

Followed or applied (4)

CaseFollowedCited
Latits v. Phillipsgreen
michctapp · 2012 · cited in 2 Michigan opinions naming this issue, 2023–2024
2 sentences

2024See Oliver, 290 Mich App at 688 ; Latits v Phillips, 298 Mich App 109, 115 ; 826 NW2d 190 (2012) (“As long as defendant can show that he had a good-faith belief that he was acting properly in using deadly force, he is entitled to the protections of governmental immunity regardless of whether he was correct in that belief.”).

2024See Oliver, 290 Mich App at 688 ; Latits v Phillips, 298 Mich App 109, 115 ; 826 NW2d 190 (2012) (“As long as defendant can show that he had a good-faith belief that he was acting properly in using deadly force, he is entitled to the protections of governmental immunity regardless of whether he was correct in that belief.”).

12
Roberts v. City of Pontiacgreen
michctapp · 1989 · cited in 2 Michigan opinions naming this issue, 1990–1992
2 sentences

1992We find the Hayes and Gillam decisions to be in conflict with the holdings in Roberts, supra, and Douglas, supra. The Court in Roberts held that a physician who is an employee or agent of a public hospital is nonetheless not entitled to the protections of governmental immunity and is subject to tort liability if that physician also is an employee or agent of a private entity under contract with the governmental agency. 176 Mich App 580 .

1990Roberts, supra at 578, n 2 .

12
Oliver v. Smithgreen
michctapp · 2010 · cited in 1 Michigan opinions naming this issue, 2024–2024
1 sentence

2024See Oliver, 290 Mich App at 688 ; Latits v Phillips, 298 Mich App 109, 115 ; 826 NW2d 190 (2012) (“As long as defendant can show that he had a good-faith belief that he was acting properly in using deadly force, he is entitled to the protections of governmental immunity regardless of whether he was correct in that belief.”).

11
Pardon v. Finkelgreen
michctapp · 1995 · cited in 1 Michigan opinions naming this issue, 2016–2016
2 sentences

2016Id.; see also Pardon v Finkel, 213 Mich App 643, 649 ; 540 NW2d 774 (1995).

2016Id.; see also Pardon v Finkel, 213 Mich App 643, 649 ; 540 NW2d 774 (1995).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Tarlea v. Crabtree green
michctapp · 2004
2 sentences

2017It is as though, if an objective observer watched the actor, he could conclude, reasonably, that the actor simply did not care about the safety or welfare of those in his charge. [Tarlea, 263 Mich App at 90 .] In this case, at the outset, we note that the individual officers are clearly entitled to the protections of governmental immunity with respect to plaintiff’s claims of ordinary negligence and strict liability as pleaded in her initial complaint.

2017It is as though, if an objective observer watched the actor, he could conclude, reasonably, that the actor simply did not care about the safety or welfare of those in his charge. [Tarlea, 263 Mich App at 90 .] In this case, at the outset, we note that the individual officers are clearly entitled to the protections of governmental immunity with respect to plaintiff’s claims of ordinary negligence and strict liability as pleaded in her initial complaint.

22017–2017
MacK v. City of Detroit green
mich · 2002
2 sentences

2017As defined by statute, both the City and the department constitute “governmental agencies.” See MCL 691.1401(a), (d), and (e); Mack, 467 Mich at 204 .

2017As defined by statute, both the City and the department constitute “governmental agencies.” See MCL 691.1401(a), (d), and (e); Mack, 467 Mich at 204 .

22017–2017
Fuller v. Hessler green
mich · 1924
2 sentences

2015Accordingly, we reverse in 32 See, e.g., Fuller v Hessler, 226 Mich 311, 314-315 ; 197 NW 524 (1924) (holding, outside of the governmental immunity context, that proximate cause does not exist between an earlier cause and the injury where “independent human agency . . . broke the relation of alleged cause and effect.”). 33 Robinson, 462 Mich at 462. 15 part the judgment of the Court of Appeals, and we remand this case to the Barry Circuit Court for entry of an order granting summary disposition in favor of defendant Harman.

2015Accordingly, we reverse in 32 See, e.g., Fuller v Hessler, 226 Mich 311, 314-315 ; 197 NW 524 (1924) (holding, outside of the governmental immunity context, that proximate cause does not exist between an earlier cause and the injury where “independent human agency . . . broke the relation of alleged cause and effect.”). 33 Robinson, 462 Mich at 462. 15 part the judgment of the Court of Appeals, and we remand this case to the Barry Circuit Court for entry of an order granting summary disposition in favor of defendant Harman.

12015–2015
Williams v. City of Cadillac neutral
michctapp · 1985
1 sentence

2015Cf. Williams, 148 Mich App at 791 .

12015–2015
Rambus v. Wayne County General Hospital neutral
michctapp · 1992
1 sentence

2003In Rambus v Wayne Co General Hosp, 193 Mich App 268 ; 483 NW2d 455 (1992), aff'd on rehearing, 197 Mich App 480 (1992), this Court determined that a doctor could not assert the protections of governmental immunity because the doctor was an employee of a private corporate entity, University Medical Affiliates, P.C., and not an employee of Wayne County General Hospital, a government institution.

12003–2003
Rambus v. Wayne County General Hospital green
michctapp · 1992
2 sentences

2003In Rambus v Wayne Co General Hosp, 193 Mich App 268 ; 483 NW2d 455 (1992), aff'd on rehearing, 197 Mich App 480 (1992), this Court determined that a doctor could not assert the protections of governmental immunity because the doctor was an employee of a private corporate entity, University Medical Affiliates, P.C., and not an employee of Wayne County General Hospital, a government institution.

2003In Rambus v Wayne Co General Hosp, 193 Mich App 268 ; 483 NW2d 455 (1992), aff'd on rehearing, 197 Mich App 480 (1992), this Court determined that a doctor could not assert the protections of governmental immunity because the doctor was an employee of a private corporate entity, University Medical Affiliates, P.C., and not an employee of Wayne County General Hospital, a government institution.

12003–2003
Douglas v. Pontiac General Hospital green
michctapp · 1990
2 sentences

1992The holding in Roberts was then expanded in Douglas v Pontiac General Hosp, 182 Mich App 446 ; 452 NW2d 845 (1990), where this Court held that a physician in private practice with staff privileges at a public hospital is not entitled to the protections of governmental immunity.

1992The holding in Roberts was then expanded in Douglas v Pontiac General Hosp, 182 Mich App 446 ; 452 NW2d 845 (1990), where this Court held that a physician in private practice with staff privileges at a public hospital is not entitled to the protections of governmental immunity.

11992–1992
Hayes v. Emerick green
michctapp · 1987
1 sentence

1989Hayes, supra at 140 .

11989–1989

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 691.1407 (6) MI § Mich. Comp. Laws § 691.1401 (5) MI § Mich. Comp. Laws § 691.1413 (3)

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.

Where else courts name it

MI 11 (1989–2024) TX 6 (1996–2024) PA 3 (1999–2018) NC 2 (2018–2022)

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.

← Caselaw search · G Cite Topics · Brief Check