Order Michigan Supreme Court
Lansing, Michigan
June 3, 2010 Marilyn Kelly,
Chief Justice
140328 & (138) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PATRICK McCARTHY, Diane M. Hathaway,
Plaintiff-Appellant, Justices
v SC: 140328
COA: 284129
Oakland CC: 2006-079432-NO
ALISON SCOFIELD, DEPARTMENT OF
HUMAN SERVICES, ANDREA DEAN,
OAKLAND COUNTY PROSECUTOR, CAROLE
BOYD, OAKLAND COUNTY FRIEND OF THE
COURT, THOMAS CALLAHAN, and MILFORD
POLICE DEPARTMENT,
Defendants-Appellees,
and
AMY ALLEN and CHILD ABUSE & NEGLECT
HOUSE/OAKLAND COUNTY CARE HOUSE,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the October 8, 2009
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court. The motion for
miscellaneous relief is DENIED. The defendants’ request for attorney fees and costs is
also DENIED.
MARKMAN, J. (concurring).
I would urge the Legislature to review MCL 28.243. Although I agree with the
legal analyses of the trial court and the Court of Appeals, I can understand plaintiff’s
frustration with the manner in which the law has operated in his case. Plaintiff was
wrongly charged with a sexual assault — complainants recanted before trial, they
admitted that their accusations against defendant had been fabricated, and charges against
plaintiff were dismissed. Yet pursuant to MCL 28.243 the record of plaintiff’s arrest and
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the criminal charges brought against him must be maintained in perpetuity as a matter of
public record. Thus, he will forever carry the stigma and taint of having been arrested
and charged with a sexual offense and suffer the attendant consequences. This seems to
me unjust. The prosecutor has determined that she cannot prove plaintiff’s guilt, and this
is a result of the fact that criminal charges were predicated entirely upon what proved to
be false allegations. Although it may be that the Legislature possesses the constitutional
authority to require the retention of such records, I would nonetheless urge it to review
cases such as this one — cases in which the complainant has admitted fabricating the
charge — and assess whether the present result is truly within its contemplation.
KELLY, C.J., and CAVANAGH and HATHAWAY, JJ., would grant leave to appeal.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 3, 2010 _________________________________________
s0526 Clerk