Order Michigan Supreme Court
Lansing, Michigan
June 23, 2009 Marilyn Kelly,
Chief Justice
138091 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
MICHAEL C. LEE, Diane M. Hathaway,
Plaintiff-Appellant, Justices
v SC: 138091
COA: 274530
Wayne CC: 05-502988-CD
CITY OF DETROIT,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the December 4, 2008
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(H)(1). The parties shall submit supplemental briefs within 42 days of the date of
this order addressing whether, with respect to the plaintiff’s claim that the police
department violated the Whistleblower Protection Act, MCL 37.2101 et seq., the Court of
Appeals erred in ruling that the plaintiff failed to provide sufficient evidence to establish
a genuine issue of material fact regarding a causal connection between his November 2,
2004 internal complaint and his transfer from the Gang Enforcement Section to the
Records and Identification Section of the police department. The parties should not
submit mere restatements of their application papers.
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 23, 2009 _________________________________________
s0616 Clerk