damage remedy violation (Michigan) · Go Syfert
← Michigan issues

damage remedy violation in Michigan

6 Michigan opinions name it 2 courts 2022–2025 6 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 (5)

CaseFollowedCited
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcoticsgreen
scotus · 1971 · cited in 3 Michigan opinions naming this issue, 2022–2022
2 sentences

2022We affirmed the Court of Appeals’ ruling “that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee” because those plaintiffs had adequate alternative remedies under federal law. 10 In Lewis v Michigan, we declined to infer a cause of action under the Equal Protection Clause of our Constitution, Const 1963, art 1, § 2, because that provision expressly states it will be implemented by the Legislature. 11 Finally, in Mays, only a plurality of the Court supporte

2022We affirmed the Court of Appeals’ ruling “that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee” because those plaintiffs had adequate alternative remedies under federal law. 10 In Lewis v Michigan, we declined to infer a cause of action under the Equal Protection Clause of our Constitution, Const 1963, art 1, § 2, because that provision expressly states it will be implemented by the Legislature. 11 Finally, in Mays, only a plurality of the Court supporte

33
Lewis v. Stategreen
mich · 2001 · cited in 3 Michigan opinions naming this issue, 2022–2022
2 sentences

2022We affirmed the Court of Appeals’ ruling “that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee” because those plaintiffs had adequate alternative remedies under federal law. 10 In Lewis v Michigan, we declined to infer a cause of action under the Equal Protection Clause of our Constitution, Const 1963, art 1, § 2, because that provision expressly states it will be implemented by the Legislature. 11 Finally, in Mays, only a plurality of the Court supporte

2022We affirmed the Court of Appeals’ ruling “that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee” because those plaintiffs had adequate alternative remedies under federal law. 10 In Lewis v Michigan, we declined to infer a cause of action under the Equal Protection Clause of our Constitution, Const 1963, art 1, § 2, because that provision expressly states it will be implemented by the Legislature. 11 Finally, in Mays, only a plurality of the Court supporte

33
Davis v. Passmangreen
scotus · 1979 · cited in 3 Michigan opinions naming this issue, 2022–2022
2 sentences

2022We affirmed the Court of Appeals’ ruling “that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee” because those plaintiffs had adequate alternative remedies under federal law. 10 In Lewis v Michigan, we declined to infer a cause of action under the Equal Protection Clause of our Constitution, Const 1963, art 1, § 2, because that provision expressly states it will be implemented by the Legislature. 11 Finally, in Mays, only a plurality of the Court supporte

2022We affirmed the Court of Appeals’ ruling “that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee” because those plaintiffs had adequate alternative remedies under federal law. 10 In Lewis v Michigan, we declined to infer a cause of action under the Equal Protection Clause of our Constitution, Const 1963, art 1, § 2, because that provision expressly states it will be implemented by the Legislature. 11 Finally, in Mays, only a plurality of the Court supporte

33
Carlson v. Greengreen
scotus · 1980 · cited in 3 Michigan opinions naming this issue, 2022–2022
2 sentences

2022We affirmed the Court of Appeals’ ruling “that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee” because those plaintiffs had adequate alternative remedies under federal law. 10 In Lewis v Michigan, we declined to infer a cause of action under the Equal Protection Clause of our Constitution, Const 1963, art 1, § 2, because that provision expressly states it will be implemented by the Legislature. 11 Finally, in Mays, only a plurality of the Court supporte

2022We affirmed the Court of Appeals’ ruling “that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee” because those plaintiffs had adequate alternative remedies under federal law. 10 In Lewis v Michigan, we declined to infer a cause of action under the Equal Protection Clause of our Constitution, Const 1963, art 1, § 2, because that provision expressly states it will be implemented by the Legislature. 11 Finally, in Mays, only a plurality of the Court supporte

33
Jones v. Powellgreen
mich · 2000 · cited in 6 Michigan opinions naming this issue, 2022–2025
2 sentences

2025The Supreme Court affirmed, holding that “Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee.” Jones, 462 Mich at 335 .

2025See Jones, 462 Mich at 336-337 (ruling that previous caselaw “provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee,” rather, a plaintiff may sue local governments or individual defendants under 42 USC 1983 “to redress a violation of a federal constitutional right”).

16

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 (2)

CaseCitedYears
Ziglar v. Abbasi green
scotus · 2017
2 sentences

2022We affirmed the Court of Appeals’ ruling “that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee” because those plaintiffs had adequate alternative remedies under federal law. 10 In Lewis v Michigan, we declined to infer a cause of action under the Equal Protection Clause of our Constitution, Const 1963, art 1, § 2, because that provision expressly states it will be implemented by the Legislature. 11 Finally, in Mays, only a plurality of the Court supporte

2022We affirmed the Court of Appeals’ ruling “that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee” because those plaintiffs had adequate alternative remedies under federal law. 10 In Lewis v Michigan, we declined to infer a cause of action under the Equal Protection Clause of our Constitution, Const 1963, art 1, § 2, because that provision expressly states it will be implemented by the Legislature. 11 Finally, in Mays, only a plurality of the Court supporte

32022–2022
Egbert v. Boule green
scotus · 2022
2 sentences

2022Legislation is the business of the Congress, and it has the facilities and competence for that task—as we do not.”). 5 just this year, “Now long past ‘the heady days in which this Court assumed common-law powers to create causes of action,’ . . . we have come ‘to appreciate more fully the tension between’ judicially created causes of action and ‘the Constitution’s separation of legislative and judicial power . . . .’ ” 17 “At bottom,” the Court continued, “creating a cause of action is a legislative endeavor.” 18 The Court appears to have limited Bivens and the two other cases allowing damages

2022Legislation is the business of the Congress, and it has the facilities and competence for that task—as we do not.”). 5 just this year, “Now long past ‘the heady days in which this Court assumed common-law powers to create causes of action,’ . . . we have come ‘to appreciate more fully the tension between’ judicially created causes of action and ‘the Constitution’s separation of legislative and judicial power . . . .’ ” 17 “At bottom,” the Court continued, “creating a cause of action is a legislative endeavor.” 18 The Court appears to have limited Bivens and the two other cases allowing damages

32022–2022

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 691.1401 (4) USC § 42u.s.c.1983 (4) MI § Mich. Comp. Laws § 421.1 (3) MI § Mich. Comp. Laws § 421.32a (3) MI § Mich. Comp. Laws § 421.33 (3) MI § Mich. Comp. Laws § 421.34 (3) MI § Mich. Comp. Laws § 421.38 (3) MI § Mich. Comp. Laws § 600.6431 (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 6 (2022–2025) VT 2 (2012–2012)

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