Order Michigan Supreme Court
Lansing, Michigan
April 25, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133433(55)(56)(57) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
AMANDA JEAN ODOM, Justices
Plaintiff-Appellee,
v SC: 133433
COA: 270501
Wayne CC: 05-503671-NI
WAYNE COUNTY and CITY OF DETROIT,
Defendants,
and
CHRISTINE KELLY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motions for leave to file briefs amicus curiae are
GRANTED. The motion for reconsideration of this Court’s January 11, 2008 order is
considered, and it is GRANTED. We VACATE our order dated January 11, 2008. On
reconsideration, the application for leave to appeal the February 1, 2007 judgment of the
Court of Appeals is considered, and it is GRANTED. The parties shall include among
the issues to be briefed: (1) what is the proper interpretation of MCL 691.1407(3)
(“[MCL 691.1407(2)] does not alter the law of intentional torts as it existed before July 7,
1986.”); (2) can intentional torts claims be brought under MCL 691.1407(2); and (3) for
an intentional tort claim, what must a plaintiff plead to avoid governmental immunity?
The Michigan Municipal League, the Michigan Municipal League Liability &
Property Pool, the Wayne County Prosecutor's Office, and the Michigan Association of
Police Organizations are invited to file additional briefs amicus curiae. The Attorney
General is invited to file a brief amicus curiae. Other persons or groups interested in the
determination of the issues presented in this case may move the Court for permission to
file briefs amicus curiae.
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.
April 25, 2008 _________________________________________
d0422 Clerk