Frohriep v. Flanagan

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