Michigan Compiled Laws

Mich. Comp. Laws § 600.2917 (2026)

Liability of library, merchant, agent, or independent contractor for conduct involving person suspected of larceny of goods or library materials, or of violating MCL 750.356c or MCL 750.356d; definitions.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.2917 Liability of library, merchant, agent, or independent contractor for conduct involving person suspected of larceny of goods or library materials, or of violating MCL 750.356c or MCL 750.356d; definitions.

Sec. 2917.

(1) In a civil action against a library or merchant, an agent of the library or merchant, or an independent contractor providing security for the library or merchant for false imprisonment, unlawful arrest, assault, battery, libel, or slander, if the claim arises out of conduct involving a person suspected of removing or of attempting to remove, without right or permission, goods held for sale in a store from the store or library materials from a library, or of violating section 356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, and if the merchant, library, agent, or independent contractor had probable cause for believing and did believe that the plaintiff had committed or aided or abetted in the larceny of goods held for sale in the store, or of library materials, or in the violation of section 356c or 356d of Act No. 328 of the Public Acts of 1931, damages for or resulting from mental anguish or punitive, exemplary, or aggravated damages shall not be allowed a plaintiff, unless it is proved that the merchant, library, agent, or independent contractor used unreasonable force, detained the plaintiff an unreasonable length of time, acted with unreasonable disregard of the plaintiff's rights or sensibilities, or acted with intent to injure the plaintiff.

(2) As used in this section:

(a) "Library" includes a public library; a library of an educational, historical, or eleemosynary institution or organization; a museum; an archive; and a repository of public records or historical records, or both.

(b) "Library material" includes a plate; picture; photograph; engraving; painting; drawing; map; newspaper; book; magazine; pamphlet; broadside; manuscript; document; letter; public record; microfilm; sound recording; audiovisual material; magnetic or other tape; optical storage disc or other recording medium; electronic data processing record; artifact; and other documentary, written, or printed material.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1983, Act 223, Imd. Eff. Nov. 28, 1983 ;-- Am. 1988, Act 50, Eff. June 1, 1988 ;-- Am. 1992, Act 192, Imd. Eff. Oct. 5, 1992

Notes of Decisions

Cited in 13 cases, 1968–2015 · leading case: Bonkowski v. Arlan's Dep't Store, 174 N.W.2d 765 (Mich. 1970).

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Bonkowski v. Arlan's Dep't Store, 174 N.W.2d 765 (Mich. 1970). · cites it 7× “Since it may arise upon retrial in the light of mentioned *101 § 600.2917, we consider it to necessarily restricted extent.”

Advisory Opinion on Constitutionality of 1975 PA 227, 1975 PA 227 (Mich. 1976). · cites it 2× “2904) and limiting the liability of a merchant for conduct involving persons suspected of larceny of goods (MCLA 600.2917; MSA 27A.2917) could have been enacted as separate laws and have no necessary connection to an act dealing largely with the organization and function of…”

People v. Young, 340 N.W.2d 805 (Mich. 1983). · cites it 2× “2901 (prohibition of actions for alienation of affection); 1915 PA 314 , now MCL 600.”

Mosley v. Fed. Dep't Stores, Inc., 271 N.W.2d 224 (Mich. Ct. App. 1978). · cites it 5× “The court below, interpreting MCL 600.2917; MSA 27A.2917, ruled that the statute of limitations barred plaintiffs’ action.”

Advisory Opinion Re Constitutionality of 1972 PA 294, 1972 PA 294 (Mich. 1973). · cites it 2× “861, now MCLA 600.2917; MSA 27A.2917; the wrongful death act itself, 1848 PA 38 ; 1948 CL 691.”

Bruce v. Meijers Supermarkets, Inc., 191 N.W.2d 132 (Mich. Ct. App. 1971). · cites it 8× “" The applicable statute, MCLA § 600.2917 (Stat Ann 1962 Rev § 27A.”

Clarke v. K Mart Corp., 495 N.W.2d 820 (Mich. Ct. App. 1992). · cites it 2× “Defendant further argues that, under MCL 600.2917; MSA 27A.2917, it was privi *548 leged to detain plaintiff.”

Tumbarella v. the Kroger Co., 271 N.W.2d 284 (Mich. Ct. App. 1978). “MCL 600.2917; MSA 27A.2917 provides that when a shopkeeper suspects a person of "removing or of attempting to remove from a store without right or permission goods held for sale therein”, the shopkeeper does not enjoy the absolute privilege to detain or defame the person.”

Weatherholt v. Meijer Inc., 922 F. Supp. 1227 (E.D. Mich. 1996). · cites it 3× “In this regard, section 600.2917 of the Michigan Compiled Laws provides a partial statutory privilege to merchants who detain individuals under suspicion of unlawfully removing property of the store.”

Freeman v. Meijer, Inc, 291 N.W.2d 87 (Mich. Ct. App. 1980). “Plaintiffs’ final allegation of error is that the trial judge should not have instructed the jury-regarding the limitation of damages statute, MCL 600.2917; MSA 27A.2917. Plaintiffs must first establish a claim for relief before any possible error relating to this statute could…”

People v. Richardson, 669 N.W.2d 797 (Mich. 2003). “§ 600.2917 provides a partial statutory privilege to merchants who detain or confront individuals who unlawfully remove property from their store.”

Bonkowski v. Arlan's Dep't Store, 162 N.W.2d 347 (Mich. Ct. App. 1968). “Compare this common-law privilege with the legislative enactment, CLS 1961, § 600.2917 (Stat Ann 1962 Eev § 27A.2917) in which the Michigan legislature has regulated what are awardable damages in actions such as this.”

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