Michigan Compiled Laws

Mich. Comp. Laws § 691.1408 (2026)

Claim or civil action against officer or employee of governmental agency for injuries caused by negligence; services of attorney; payment of claim; judgment for damages; indemnification; payment or settlement of judgment; criminal action against officer or employee of governmental agency; services of attorney; reimbursement for legal expenses; liability on governmental agency not imposed.

✓ current as of July 2026

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

GOVERNMENTAL LIABILITY FOR NEGLIGENCE

Act 170 of 1964

691.1408 Claim or civil action against officer or employee of governmental agency for injuries caused by negligence; services of attorney; payment of claim; judgment for damages; indemnification; payment or settlement of judgment; criminal action against officer or employee of governmental agency; services of attorney; reimbursement for legal expenses; liability on governmental agency not imposed.

Sec. 8.

(1) If a claim is made or a civil action is commenced against an officer, employee, or volunteer of a governmental agency for injuries to persons or property caused by negligence of the officer, employee, or volunteer while in the course of employment with or acting on behalf of the governmental agency and while acting within the scope of his or her authority, the governmental agency may pay for, engage, or furnish the services of an attorney to advise the officer, employee, or volunteer as to the claim and to appear for and represent the officer, employee, or volunteer in the action. The governmental agency may compromise, settle, and pay the claim before or after the commencement of a civil action. If a judgment for damages is awarded against an officer, employee, or volunteer of a governmental agency as a result of a civil action for personal injuries or property damage caused by the officer, employee, or volunteer while in the course of employment and while acting within the scope of his or her authority, the governmental agency may indemnify the officer, employee, or volunteer or pay, settle, or compromise the judgment.

(2) If a criminal action is commenced against an officer or employee of a governmental agency based on the conduct of the officer or employee in the course of employment, if the employee or officer had a reasonable basis for believing that he or she was acting within the scope of his or her authority at the time of the alleged conduct, the governmental agency may pay for, engage, or furnish the services of an attorney to advise the officer or employee as to the action, and to appear for and represent the officer or employee in the action. An officer or employee who has incurred legal expenses after December 31, 1975 for conduct described in this subsection may obtain reimbursement for those expenses under this subsection.

(3) A governmental agency may pay for, engage, or furnish the services of an attorney to advise an officer, employee, or volunteer of the governmental agency, and to appear for and represent the officer, employee, or volunteer, in connection with civil or criminal litigation or an investigation or proceeding if the litigation, investigation, or proceeding involves the officer, employee, or volunteer as a result of his or her conduct in the course of employment with or actions taken on behalf of the governmental agency, subject to the following limitations:

(a) If a claim is made or a civil action is commenced against the officer, employee, or volunteer, subsection (1) of this section governs the governmental agency's authority to pay for, engage, or furnish the services of an attorney to advise the officer, employee, or volunteer as to the claim and to appear for and represent the officer, employee, or volunteer in the action.

(b) If a criminal action is commenced against the officer, employee, or volunteer, subsection (2) of this section governs the governmental agency's authority to pay for, engage, or furnish the services of an attorney to advise the officer, employee, or volunteer as to the action, and to appear for and represent the officer, employee, or volunteer in the action.

(4) This section does not impose liability on a governmental agency.

(5) This section is not intended to affect existing constitutional, statutory, and common law powers and duties of the Attorney General.

History: 1964, Act 170, Eff. July 1, 1965 ;-- Am. 1978, Act 141, Imd. Eff. May 11, 1978 ;-- Am. 2002, Act 400, Imd. Eff. May 30, 2002 ;-- Am. 2020, Act 357, Imd. Eff. Dec. 30, 2020

Compiler's Notes:

Enacting section 1 of Act 357 of 2020 provides:

"Enacting section 1. This amendatory act applies retroactively."

PopularName Notes:

Governmental Immunity Act

Notes of Decisions

Cited in 44 cases (11 in the last 5 years), 1970–2026 · leading case: Warda v. City Council of City of Flushing, 696 N.W.2d 671 (Mich. 2005).

Sort: Relevance Newest Treatment

Warda v. City Council of City of Flushing, 696 N.W.2d 671 (Mich. 2005). · cites it 52× “This principle is reflected in § 8 of the governmental immunity act, MCL 691.1408. As for the costs incurred by an officer in defending a criminal action based on conduct of the officer in the course of his employment, MCL 691.”

Employees & Judge of the Second Jud. Dist. Court v. Hillsdale Cnty., 378 N.W.2d 744 (Mich. 1985). · cites it 8× “170 of the Public Acts of 1964, being section 691.1408 of the Michigan Compiled Laws.”

Michigan Chiropractic Council v. Comm'r of the Off. of Fin. & Ins. Servs., 716 N.W.2d 561 (Mich. 2006). · cites it 4× “The officer sought, and the city council denied, reimbursement pursuant to MCL 691.1408(2), which provides: When a criminal action is commenced against an officer or employee of a governmental agency based upon the conduct of the officer or employee in the course of employment,…”

Odom v. Wayne Cnty., 760 N.W.2d 217 (Mich. 2008). · cites it 2× “1408(1) provides that, in a civil action against a governmental employee, the government “may pay for, engage, or furnish the services of an attorney,” “may compromise, settle, and pay the claim” before trial, and “may indemnify the officer, employee, or volunteer or pay,…”

Melissa Mays v. Governor Rick Snyder, 916 N.W.2d 227 (Mich. Ct. App. 2018). · cites it 2× “In any case, state defendants’ argument that the GTLA precludes official capacity suits is belied by an immediately adjacent provision of the GTLA, which specifically contemplates causes of action “against an officer, employee, or volunteer of a governmental agency for injuries…”

Beaudrie v. Henderson, 631 N.W.2d 308 (Mich. 2001). · cites it 2× “§ 691.1408(1). In sum, the Legislature, through the governmental immunity statute, has signified that a defendant's status as a government employee alone does not preclude liability.”

Hyde v. Univ. of Michigan Bd. of Regents, 393 N.W.2d 847 (Mich. 1986). · cites it 2× “, p 635; MCL 691.1408; MSA 3.996(108). [19] See, e.”

Thomas v. Dep't of State Highways, 247 N.W.2d 530 (Mich. 1976). · cites it 2× “996[106]), the Legislature has exposed the state's governmental units to frequent and costly liability.”

Wendell Shane Mackey v. Jeff Rising, 106 F.4th 552 (6th Cir. 2024). · cites it 2× “Mich. Comp. Laws § 691.1408 (3). Given these provisions, Mackey argues that the No.”

White v. Beasley, 552 N.W.2d 1 (Mich. 1996). · cites it 2× “§ 691.1408; M.S.A. § 3.996(108); M.C.L.A.”

Vargo v. Sauer, 576 N.W.2d 656 (Mich. 1998). · cites it 2× “§ 691.1408; M.S.A. § 3.996(108), M.C.L. § 691.”

Nichols v. Zera, 189 N.W.2d 751 (Mich. Ct. App. 1971). · cites it 9× “Apparently the basis for this decision was that MCLA § 691.1408 (Stat Ann 1969 Rev § 3.996 [108]) imposed liability upon officers of a governmental agency.”

Show all 44 citing cases →

— Mich. Comp. Laws § 691.1408(1) — 13 cases

Melissa Mays v. Governor Rick Snyder, 916 N.W.2d 227 (Mich. Ct. App. 2018). “In any case, state defendants’ argument that the GTLA precludes official capacity suits is belied by an immediately adjacent provision of the GTLA, which specifically contemplates causes of action “against an officer, employee, or volunteer of a governmental agency for injuries…”

Beaudrie v. Henderson, 631 N.W.2d 308 (Mich. 2001). “§ 691.1408(1). In sum, the Legislature, through the governmental immunity statute, has signified that a defendant's status as a government employee alone does not preclude liability.”

Odom v. Wayne Cnty., 760 N.W.2d 217 (Mich. 2008). “1408(1) provides that, in a civil action against a governmental employee, the government “may pay for, engage, or furnish the services of an attorney,” “may compromise, settle, and pay the claim” before trial, and “may indemnify the officer, employee, or volunteer or pay,…”

Gamrat v. Allard, 320 F. Supp. 3d 927 (W.D. Mich. 2018).

Robert Pizzimenti v. Detroit, City of, et al. (E.D. Mich. 2026).

— Mich. Comp. Laws § 691.1408(2) — 3 cases

Warda v. City Council of City of Flushing, 696 N.W.2d 671 (Mich. 2005). “This principle is reflected in § 8 of the governmental immunity act, MCL 691.1408. As for the costs incurred by an officer in defending a criminal action based on conduct of the officer in the course of his employment, MCL 691.”

Michigan Chiropractic Council v. Comm'r of the Off. of Fin. & Ins. Servs., 716 N.W.2d 561 (Mich. 2006). “The officer sought, and the city council denied, reimbursement pursuant to MCL 691.1408(2), which provides: When a criminal action is commenced against an officer or employee of a governmental agency based upon the conduct of the officer or employee in the course of employment,…”

Michigan Ass'n of Home Builders v. City of Troy (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 691.1408(3) — 3 cases

MacOmb Cnty. Prosecutor v. MacOmb Cnty. Exec. (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 691.1408(a) — 1 case

shefke v. Macomb Intermediate Sch. Dist. (E.D. Mich. 2024).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.