Michigan Compiled Laws
Mich. Comp. Laws § 691.1753 (2026)
Wrongful conviction and imprisonment; action for compensation against state.
✓ current as of July 2026
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WRONGFUL IMPRISONMENT COMPENSATION ACT
Act 343 of 2016
691.1753 Wrongful conviction and imprisonment; action for compensation against state.
Sec. 3.
An individual convicted under the law of this state and subsequently imprisoned in a state correctional facility for 1 or more crimes that he or she did not commit may bring an action for compensation against this state in the court of claims as allowed by this act.
History: 2016, Act 343, Eff. Mar. 29, 2017
Notes of Decisions
Cited in 18
cases (13 in the last 5 years), 2019–2025 · leading case: Davontae Sanford v. State of Michigan (Mich. 2020).
Davontae Sanford v. State of Michigan (Mich. 2020). “Under MCL 691.1753, an individual convicted under Michigan law and subsequently imprisoned in a state correctional facility for one or more crimes that he or she did not commit may bring an action for compensation against the state in the Court of Claims as allowed by the WICA.”
Jenkins 172475 v. Michigan, State of (W.D. Mich. 2022). “Plaintiff reports that the action sought compensation under Mich. Comp. Laws § 691.1753 et seq., the “Wrongful Imprisonment Compensation Act” (the Act).”
Desmond Ricks v. State of Michigan (Mich. 2021). “MCL 691.1753. The WICA has two steps. The first determines whether a claimant is eligible for compensation.”
Desmond Ricks v. State of Michigan (Mich. 2021). “MCL 691.1753. The WICA has two steps. The first determines whether a claimant is eligible for compensation.”
Chamar Avery v. State of Michigan (Mich. Ct. App. 2023). “MCL 691.1753 permits: An individual convicted under the law of this state and subsequently imprisoned in a state correctional facility for 1 or more crimes that he or she did not commit may bring an action for compensation against this state in the court of claims as allowed by…”
Cotton v. Hughes (E.D. Mich. 2025). “Mich. Comp. Laws § 691.1753 . The statute is not an exclusive remedy for vacated or wrongful convictions; it does not impact whether a plaintiff can bring separate claims against individuals.”
Davontae Sanford v. State of Michigan (Mich. Ct. App. 2019). “A “state correctional facility” is defined as “a correctional facility maintained and operated by the department of corrections.”
Desmond Ricks v. State of Michigan (Mich. Ct. App. 2019). “The purpose of WICA is “to provide compensation and other relief for individuals wrongfully imprisoned for crimes; to prescribe the powers and duties of certain state and local governmental officers and agencies; and to provide remedies.”
Desmond Ricks v. State of Michigan (Mich. Ct. App. 2019). “MCL 691.1753. MCL 691.1755 provides, in relevant part, the following: (1) In an action under this act, the plaintiff is entitled to judgment in the plaintiff’s favor if the plaintiff proves all of the following by clear and convincing evidence: -3- (a) The plaintiff was…”
Ledura Watkins v. State of Michigan (Mich. Ct. App. 2020). “MCL 691.1753. To be entitled to judgment under the WICA, a plaintiff must establish, by clear and convincing evidence, all of the following: (a) The plaintiff was convicted of 1 or more crimes under the law of this state, was sentenced to a term of imprisonment in a state…”
Charles Dale Perry Jr v. State of Michigan (Mich. Ct. App. 2021). “” MCL 691.1753. In relevant part, MCL 691.1755(1) sets forth the burden of proof for the WICA: (1) In an action under this act, the plaintiff is entitled to judgment in the plaintiff’s favor if the plaintiff proves all of the following by clear and convincing evidence: (a) The…”
David a Maples v. State of Michigan (Mich. 2021). “” MCL 691.1753. Whether to provide compensation for wrongful imprisonment and who is entitled to that compensation are policy questions for the Legislature to decide—not this Court.”
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