By Zach Gorchow
Gongwer News Service
A community college is a political subdivision, not a state entity, and thus lawsuits against a community college are not subject to the notice requirements required when suing a state entity in the Michigan Court of Claims, the Court of Appeals has ruled.
In a unanimous published decision dated last Friday and released Saturday, the court upheld a Wayne Circuit Court’s ruling denying the Wayne County Community College District’s motion to dismiss a case brought by two former college police officers under the Elliott-Larsen Civil Rights Act.
Attorneys for the college argued the plaintiffs failed to file a written claim or notice of intention to file a claim in the Michigan Court of Claims within the time period required.
Judge Allie Greenleaf Maldonado, writing in Carey-Powers v. Wayne County Community College District (COA Docket No. 371960), held that the college is not “the state or any of its departments or officers” and, as a result, is not subject to the notice requirement in the Court of Claims Act.
Past court rulings have determined that community colleges, which are inherently local, are political subdivisions, not the state, Maldonado wrote.
The opinion was signed by Judge Thomas Cameron and Judge Randy Wallace.
Gongwer News Service
A community college is a political subdivision, not a state entity, and thus lawsuits against a community college are not subject to the notice requirements required when suing a state entity in the Michigan Court of Claims, the Court of Appeals has ruled.
In a unanimous published decision dated last Friday and released Saturday, the court upheld a Wayne Circuit Court’s ruling denying the Wayne County Community College District’s motion to dismiss a case brought by two former college police officers under the Elliott-Larsen Civil Rights Act.
Attorneys for the college argued the plaintiffs failed to file a written claim or notice of intention to file a claim in the Michigan Court of Claims within the time period required.
Judge Allie Greenleaf Maldonado, writing in Carey-Powers v. Wayne County Community College District (COA Docket No. 371960), held that the college is not “the state or any of its departments or officers” and, as a result, is not subject to the notice requirement in the Court of Claims Act.
Past court rulings have determined that community colleges, which are inherently local, are political subdivisions, not the state, Maldonado wrote.
The opinion was signed by Judge Thomas Cameron and Judge Randy Wallace.
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