Michigan Compiled Laws
Mich. Comp. Laws § 752.11 (2026)
Upholding or enforcing the law; duty of public officials.
✓ current as of July 2026
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LAW ENFORCEMENT
Act 158 of 1966
752.11 Upholding or enforcing the law; duty of public officials.
Sec. 1.
Any public official, appointed or elected, who is responsible for enforcing or upholding any law of this state and who wilfully and knowingly fails to uphold or enforce the law with the result that any person's legal rights are denied is guilty of a misdemeanor.
History: 1966, Act 158, Eff. Mar. 10, 1967
Notes of Decisions
Cited in 11
cases, 1985–2020 · leading case: People v. Thomas, 475 N.W.2d 288 (Mich. 1991).
People v. Thomas, 475 N.W.2d 288 (Mich. 1991). “The reason for the dismissal was that the alleged conduct, making a false statement in a police report in support of an arrest warrant, fell within the statutory prohibition of the misdemeanor, failure to uphold the law, MCL 752.11; MSA 28.746(101). We find as follows: first,…”
People v. Waterstone, 296 Mich. App. 121 (Mich. Ct. App. 2012). “The Court addressed the argument whether the offense should have been dismissed in light of MCL 752.11, which makes it a misdemeanor for a public official to willfully and knowingly fail to uphold or enforce the law with the result that a person’s legal rights are denied.”
Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012). “The question presented was whether the trial court erred by dismissing the obstruction of justice charge because the alleged conduct fell within the statutory prohibition of failing to uphold the law, MCL 752.”
People v. Milton, 668 N.W.2d 387 (Mich. Ct. App. 2003). “The circuit court quashed that charge on the ground that it was precluded by the statutory offense of willful failure to uphold the law, MCL 752.11. Our Supreme Court, quoting People v Davis, 408 Mich 255, 274 ; 290 NW2d 366 (1980), noted that “when a ‘charge sets forth all *473…”
White v. Beasley, 552 N.W.2d 1 (Mich. 1996). “§ 752.11; M.S.A. § 28.746(101). However, as Justice Cavanagh correctly observes, executive decisions regarding use of resources in protection of the general public is of such overarching public importance that declining to impose an affirmative duty under this aspect of the…”
People v. Jenkins, 624 N.W.2d 457 (Mich. Ct. App. 2001). “] 7 The obstruction of justice charge against the defendant was initially dismissed by the trial court and affirmed by this Court on the ground that the obstruction of justice charge was precluded by the statutory offense of willful failure to uphold the law, MCL 752.”
People v. Thomas, 452 N.W.2d 215 (Mich. Ct. App. 1989). “However, the court remanded defendant’s case to the district court for trial on an added misdemeanor charge of willful failure to uphold the law, MCL 752.11; MSA 28.746(101). The people now appeal from the October 6, 1988, order by leave granted asserting that the circuit court…”
Bowns v. City of Port Huron, 379 N.W.2d 469 (Mich. Ct. App. 1985). “Clair County Prosecutor’s Office charged claimant with "neglect of diity”, a misdemeanor arising out of his at least tacit participation in gambling activities.”
People v. Carlin, 571 N.W.2d 742 (Mich. Ct. App. 1997). “§ 752.11; M.S.A. § 28.746(101). See People v.”
Johnson 286979 v. Valiquette (W.D. Mich. 2020). “He also alleges that Defendants failed to comply with their own policies and deprived him of due process.”
Johnson 286979 v. Lester (W.D. Mich. 2020). “Plaintiff contends that Lester and Beaverson retaliated against him in violation of the First Amendment and that Beaverson attempted to induce a prisoner to attack Plaintiff in violation of the Eighth Amendment. Plaintiff further argues that Schroeder is liable under theory of…”
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