Order Michigan Supreme Court
Lansing, Michigan
December 5, 2007 Clifford W. Taylor,
Chief Justice
134227 & (36) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
ERIC C. FROHRIEP, and all others Robert P. Young, Jr.
similarly situated, Stephen J. Markman,
Justices
Plaintiffs-Appellants,
v SC: 134227
COA: 273426
Ingham CC: 06-000430-NZ
MICHAEL P. FLANAGAN, JEREMY M.
HUGHES, and FRANK P. CILOSKI,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the May 10, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of
Appeals only with regard to defendants Jeremy Hughes and Frank Ciloski. MCL
691.1407(2) does not apply to these defendants because they are individual government
employees who are not provided immunity under MCL 691.1407(5), and because the
plaintiffs alleged intentional torts for which liability was imposed before July 7, 1986.
MCL 691.1407(3) and Sudul v Hamtramck, 221 Mich App 455, 458 (Corrigan, J.); 480-
481 (Murphy, J.) (1997). We REMAND this case to the Court of Appeals for
consideration of these defendants’ remaining arguments. In all other respects, leave to
appeal is DENIED, because we are not persuaded that the remaining questions presented
should be reviewed by this Court. The motion for oral argument is DENIED.
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.
December 5, 2007 _________________________________________
p1128 Clerk