Revised Statutes of 1846
R.S. of 1846
51.70 Deputy sheriffs; appointment; revocation; special deputies; responsibility for acts, defaults, and misconduct; bond.
Sec. 70.
Each sheriff may appoint 1 or more deputy sheriffs at the sheriff's pleasure, and may revoke those appointments at any time. Persons may also be deputed by a sheriff, by an instrument in writing, to do particular acts, who shall be known as special deputies and each sheriff may revoke those appointments at any time. A sheriff shall not be responsible for the acts, defaults, and misconduct in office of a deputy sheriff. The appointed deputy or deputies, other than special deputies, before entering upon the duties of office shall execute and file with the county clerk an official bond running to the people of this state in the amount of at least $2,500.00, if the county board of commissioners determines an individual bond is necessary, which bond shall be conditioned in the same manner as the bond required of the sheriff, and with sufficient sureties as the presiding judge of the circuit court for the county approves. A county by resolution of its county board of commissioners may pay premiums on the individual bond running to the people of this state in the amount of at least $2,500.00 as prescribed by the county board of commissioners. A bond required by this section shall be conditioned in the same manner as the bond required for the sheriff and have sufficient sureties.
History: R.S. 1846, Ch. 14 ;-- Am. 1847, Act 105, Eff. May 16, 1847 ;-- CL 1857, 411 ;-- CL 1871, 552 ;-- How. 580 ;-- CL 1897, 2579 ;-- CL 1915, 2443 ;-- CL 1929, 1325 ;-- CL 1948, 51.70 ;-- Am. 1952, Act 110, Eff. Sept. 18, 1952 ;-- Am. 1954, Act 137, Eff. Aug. 13, 1954 ;-- Am. 1959, Act 150, Eff. Mar. 19, 1960 ;-- Am. 1969, Act 183, Imd. Eff. Aug. 5, 1969 ;-- Am. 1978, Act 635, Imd. Eff. Jan. 8, 1979
Compiler's Notes:
This section as originally enacted was numbered section 71.
Notes of Decisions
Bayer v. MacOmb Cnty. Sheriff, 185 N.W.2d 40 (Mich. Ct. App. 1970).
· cites it 34× “*176 It is now contended that the grant of summary judgment was proper since the sheriff is immune from liability under MCLA § 51.70 (Stat Ann 1961 Rev § 5.863), [1] which provides that a sheriff is not responsible "for the acts, defaults and misconduct in office of any deputy…”
Kubicki v. Mortg. Elec. Reg. Sys., 807 N.W.2d 433 (Mich. Ct. App. 2011).
· cites it 10× “” Concerning appointment of deputy sheriffs by the sheriff, MCL 51.70 provides that [e]ach sheriff may appoint 1 or more deputy sheriffs at the sheriffs pleasure, and may revoke those appointments at any time.”
Leelanau Cnty. Sheriff v. Kiessel, 824 N.W.2d 576 (Mich. Ct. App. 2012).
· cites it 15× “The circuit court held that the PA lacked jurisdiction under the VPA to review the sheriffs discharge of Kiessel, an honorably discharged veteran, because under MCL 51.70, deputies serve at a sheriffs pleasure.”
People v. Van Tubbergen, 642 N.W.2d 368 (Mich. Ct. App. 2002).
· cites it 8× “MCL 51.70 provides in pertinent part: Each sheriff may appoint 1 or more deputy sheriffs at the sheriff’s pleasure, and may revoke those appointments at any time.”
Lockaby v. Wayne Cnty., 276 N.W.2d 1 (Mich. 1979).
· cites it 4× “[4] MCL 51.70; MSA 5.863. [5] MCL 691.1405; MSA 3.”
People v. Coutu, 589 N.W.2d 458 (Mich. 1999).
· cites it 3× “First, the Legislature provided for the creation of deputy sheriffs at MCL 51.70; MSA 5.863. 4 Second, as law enforcement personnel, deputy sheriffs exercise sovereign power while engaged in the discretionary discharge of their duties.”
People v. Feeley, 885 N.W.2d 223 (Mich. 2016).
“1 Treating Roberts as a “special deputy” under MCL 51.70, which requires an instrument in writing signed by the Sheriff, the district court found that the lack of such a written instrument precluded Roberts from making a stop of an individual.”
Vine v. Cnty. of Ingham, 884 F. Supp. 1153 (W.D. Mich. 1995).
· cites it 2× “§ 51.70, supra. The latter statute explicitly immunizes the Sheriff from vicarious liability for the acts or misconduct of his deputies.”
Cyrus v. Calhoun Cnty. Sheriff, 271 N.W.2d 249 (Mich. Ct. App. 1978).
· cites it 4× “" On the other hand, MCL 51.70; MSA 5.863 states in part: "Each sheriff may appoint 1 or more deputy sheriffs at his pleasure, and may revoke such appointments at any time.”
Tonya Rhodes v. Craig McDannel, 945 F.2d 117 (6th Cir. 1991).
“Mich.Comp.Laws § 51.70 (1990). As to the officers’ individual capacities, they are each entitled to qualified immunity.”
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