Check out this case. It is now reported as Odom v Wayne County et al, 482 Mich 459 (2008). Mr. Tucker represented a deputy sheriff and Wayne County in a suit by an individual claiming malicious prosecution and false imprisonment. The client received an unfavorable verdict in the Court of Appeals, which affirmed the lower court’s denial of the deputy’s claim of governmental immunity. With only two weeks to do so, Mr. Tucker filed an application and brief in support for leave to appeal to the Michigan Supreme Court. The Court initially denied the application, with three justices agreeing that the Court should hear the case. Realizing the import of the issues and the close vote at the application stage, Mr. Tucker filed a motion for reconsideration, which the Court granted, a rare event. The Court asked the parties to address the issue of individual immunity from intentional torts for all governmental employees in the state of Michigan, an issue that had been in disarray for over 20 years. After Mr. Tucker fully briefed the issues and presented oral argument on the case, the Court reversed the Court of Appeals, agreeing with Mr. Tucker that the lower court had applied the wrong legal standards to the deputy’s conduct. The Court enunciated the proper standard to be applied when lower courts address liability issues of individual governmental employees accused of intentional torts. This case has had major jurisprudential significance on governmental entities and their individual employees, and the cost of future litigation has been significantly reduced as a result of this opinion. The Michigan Court of Appeals subsequently re-affirmed and actually strengthened the analysis to be applied when considering whether a law enforcement officer (and, by extension all governmental employees) could be held liable in intentional tort for actions and conduct undertaken in the performance of their jobs. This significant victory continues to positively impact governmental entity and individual governmental employee liability issues in Michigan state and federal courts.
Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board. View all posts by Carson J Tucker, JD MSEL