Phone: 248-502-4000 - Fax: 248-502-4001

Sign In

MCGRAW MORRIS WINS SEMINAL CASE ESTABLISHING ABSOLUTE IMMUNITY FOR POLICE CHIEFS REGARDLESS OF THE POLICE ACTIVITY

Published: October 14, 2013

On June 20, 2013 the Michigan Supreme Court issued its long awaited decision in the case of Petipren v. Jaskowski. Thomas Petipren brought an action against the Chief of Police for the Village of Port Sanilac. Petipren alleged that the Police Chief Jaskowski assaulted and wrongfully arrested him for resisting and obstructing, and for disorderly conduct, when Petipren’s band was asked to stop playing at a fund raiser host by the Village of Port Sanilac. Chief Jaskowski, represented by G. Gus Morris of McGraw Morris, P.C., Troy, Michigan, filed a Motion for Summary Disposition arguing that Petripren’s claims were barred by the Michigan Governmental Tort Liability Act, MCL 691.1407(5), which states that police chiefs have absolute immunity from state tort liability when acting within the scope of their executive authority. In a 3-2 decision, the Michigan Supreme Court held that the term “executive authority” encompasses all authority vested in the highest executive official of a level of government by virtue of his or her role in the executive branch. The Court went on to say that the highest executive official of a level of government is entitled to absolute immunity even when performing acts that might otherwise be performed by a lower-level employee if those acts fall within the authority vested in the official by virtue of his or her role as an executive official. Since the job description for Chief Jaskowski included the authority to arrest and other similar activities which a lower level officer might also perform, the claims that he falsely arrested and assaulted Petipren were barred by governmental immunity. Because of this ruling, police chiefs throughout the State of Michigan now enjoy absolute immunity against claims that they committed state torts so long as they were acting within the scope of their executive authority at the time the alleged torts occurred. Click here to read the Court’s full opinion.


 

Practice Areas

  • Municipal Law and Litigation
  • Civil Rights Defense Litigation
  • Labor and Employment Defense
  • Police Professional Liability Defense
  • School Law and Defense Litigation
  • No-Fault and Auto Negligence Defense
  • DDA and Corridor District Law
  • Sewer, Water and Drain Law
  • Insurance Defense
  • Insurance Coverage
  • Business Litigation
  • Election Law
  • Zoning and Real Estate
  • Premises Liability
  • Appellate Law
  • Personal Injury Defense
  • Immigration
  • Alternative Dispute Resolution
  • Natural Resources and Endangered Species
  • Auto Negligence

Copyright © 2020 McGraw Morris P.C., All rights reserved