Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961
Michigan Compiled Laws

Mich. Comp. Laws § 600.4352 (2026)

Discharge of prisoner; enforcement of order; obedience by sheriff or other custodian.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.4352 Discharge of prisoner; enforcement of order; obedience by sheriff or other custodian.

Sec. 4352.

    (1) If no legal cause is shown for the restraint, or for the continuation thereof, the court or judge shall discharge the person restrained from the restraint under which he is held.

    (2) Obedience to any order for the discharge of any prisoner may be enforced by the court or judge granting such order, by arrest in the same manner as is herein provided for disobedience to a writ of habeas corpus, and with like effect in all respects. The person guilty of disobedience to an order for the discharge of any prisoner is liable to the party aggrieved in the sum of $1,000.00 damages, in addition to any special damages the party may have sustained.

    (3) No sheriff or other officer is liable to any civil action for obeying any such order of discharge.

History: 1961, Act 236, Eff. Jan. 1, 1963

Notes of Decisions
Cited in 3 cases, 1986–2016 · leading case: Morales v. Michigan Parole Bd., 676 N.W.2d 221 (Mich. Ct. App. 2004).
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Morales v. Michigan Parole Bd., 676 N.W.2d 221 (Mich. Ct. App. 2004). “MCL 600.4352; MSA 27A.4352. However, the writ of habeas corpus deals only with radical defects which render a judgment or proceeding absolutely void.”
Hinton v. Parole Bd., 383 N.W.2d 626 (Mich. Ct. App. 1986). · cites it 2× “MCL 600.4352; MSA 27A.4352. However, the writ of habeas corpus *245 deals only with radical defects which render a judgment or proceeding absolutely void.”
Anthony Tyrone Mitchell v. Gus Harrison Corr Facility Warden (Mich. Ct. App. 2016). “”’ Morales, 260 Mich App at 40 , quoting Hinton v Parole Bd, 148 Mich App 235, 244 ; 383 NW2d 626 (1986), citing MCL 600.4352. “However, the writ of habeas corpus deals only with radical defects rendering a judgment or proceeding absolutely void.”
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