Jones v. Powell, Docket No. 111842.
Citation | 612 N.W.2d 423,462 Mich. 329 |
Decision Date | 05 July 2000 |
Docket Number | Docket No. 111842. |
Parties | Ruth JONES, Individually and as Next Friend of Shree Markita Lee, a Minor, Plaintiffs-Appellants, v. Sergeant Charles POWELL, Defendant-Appellee, and City of Detroit, Detroit Police Officers Paul Boyett, Jeffery Bouyer, Durrell Cooper, Gregory Jones, Kenneth Winslow, Lieutenant Cotton, jointly and severally, Defendants. |
Court | Supreme Court of Michigan |
Constitutional Litigation Associates, P.C. (by Hugh M. Davis, Jr.), Detroit, for the plaintiff-appellant.
City of Detroit Law Department (by Phyllis A. James and Joanne D. Stafford) Detroit, for the defendant-appellee.
The plaintiff brought this action against individual police officers, seeking damages on various theories arising out of their forced entry into her home in search of a suspect. Some claims were dismissed, and the jury found for the defendants on others. However, it found in plaintiff's favor on her claim that the actions of one officer violated her and her daughter's rights under the Michigan Constitution. The Court of Appeals reversed, with the majority basing its decision on the conclusion that the plaintiff had not established that the defendant officer's actions were undertaken pursuant to a custom, policy, or practice of the Detroit Police Department.
We agree with the result reached by the Court of Appeals, though not with the rationale. Rather, we conclude that there is no judicially inferred cause of action under circumstances like those presented in this case. Therefore, we affirm the judgment of the Court of Appeals.
The facts underlying this action were summarized by the Court of Appeals as follows:
Plaintiff Jones, individually, and on behalf of her daughter, brought this action in Wayne Circuit Court, against the city of Detroit, Powell, Winslow, and several other Detroit police officers. She advanced various theories, alleging false imprisonment and arrest, assault and battery, and intentional infliction of emotional distress. She also claimed that the defendants, acting under color of state law and pursuant to Detroit Police Department policy, deprived plaintiff and her daughter of their federal civil rights. Finally, plaintiff alleged that the defendants violated their rights under the Michigan Constitution.
The defendants initially removed the action to the United States District Court for the Eastern District of Michigan, but the District Court remanded plaintiff's state claims to the circuit court.
The circuit court granted summary judgment for the city of Detroit on all plaintiff's claims, and the case proceeded to trial against the individual officers. Shortly after the trial began, plaintiff agreed to dismiss all her claims against the individual defendants except Powell and Winslow. After the close of plaintiff's proofs, the defendants moved for a directed verdict on plaintiff's constitutional claims, arguing that Michigan did not recognize a cause of action against individual officers under the Michigan Constitution. The circuit court initially took the matter under advisement, but denied the motion at the close of the defense case.
The jury returned a verdict of no cause of action with respect to defendant Winslow, and found in favor of defendant Powell on all theories except the constitutional claims.1 On those claims, the jury awarded $75,000 to plaintiff Jones, and $126,000 to her daughter.
After the trial court denied defendant Powell's motions for judgment notwithstanding the verdict or a new trial, he appealed.
The Court of Appeals reversed. Much of the analysis focused on our decision in Smith v. Dep't of Public Health, 428 Mich. 540, 410 N.W.2d 749 (1987), aff'd. sub nom. Will v. Dep't of State Police, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989). All three judges of the Court of Appeals believed that a damages action should not be available against an individual defendant for violation of state constitutional rights. Because of the availability of alternative remedies against such defendants, the majority would have limited Smith to actions against the state, explaining:
Despite this view, under MCR 7.215(H) the majority felt constrained by an earlier decision in Johnson v. Wayne Co., 213 Mich.App. 143, 540 N.W.2d 66 (1995), to recognize a damages cause of action against individual defendants for violation of a plaintiff's constitutional rights. Johnson and Marlin v. Detroit (After Remand), 205 Mich.App. 335, 517 N.W.2d 305 (1994), however, also held that in an action against an entity or person other than the state, the plaintiff is required to prove that the alleged constitutional violations occurred by virtue of a custom or policy of the governmental agency involved.2 The majority concluded that defendant was entitled to judgment because there was no evidence that his actions were pursuant to such a custom or policy.3
The Court of Appeals remanded the case for entry of a judgment of no cause of action. The plaintiff has filed an application for leave to appeal from that decision.
We agree with the Court of Appeals majority that our decision in Smith provides no support for inferring a damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee. In Smith, our consideration of the issue focused on whether such a remedy should be inferred against the state, which is not subject to liability under 42 U.S.C. § 1983. The holding in Smith was set forth in a memorandum opinion summarizing the Court's conclusions. It included the following:
Of the several separate opinions, the one that extensively considered the question was that of Justice Boyle. She noted the United States Supreme Court's recognition of a damage remedy in Bivens v. Six Unknown Named Federal Narcotics Bureau Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and explained:
We would recognize the propriety of an inferred damage remedy arising directly from violations of the Michigan Constitution in certain cases. As the Bivens Court recognized, there are circumstances in which a constitutional right can only be vindicated by a damage remedy and where the right itself calls out for such a remedy. On the other hand, there are...
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...damages to be awarded according to the Michigan Civil Rights Act. In the alternative, plaintiffs contended that Jones v. Powell, 462 Mich. 329, 612 N.W.2d 423 (2000), recognized judicially inferable damages for civil and constitutional rights violations. In response, defendants contended th......
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...reasoning behind the majority's holding that constitutional torts may be recognized in certain circumstances. See, e.g., Jones v Powell, 462 Mich 329, 336-337; 612 NW2d 423 (2000); Reid, 239 Mich App at 628. While Justice BOYLE's reasoning is not binding, it is, in our view, persuasive. Jus......
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...violated a right conferred by the state constitution.’ ” Jones v. Powell, 227 Mich.App. 662, 673, 577 N.W.2d 130 (1998), aff'd 462 Mich. 329, 612 N.W.2d 423 (2000), Marlin v. Detroit, 177 Mich.App. 108, 114, 441 N.W.2d 45 (1989). See also Smith v. Dep't of Pub. Health, 428 Mich. 540, 544, 4......
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...in Smith [v. Dep't of Pub. Health , 428 Mich. 540, 544, 410 N.W.2d 749 (1987) ], the [Michigan] Supreme Court in Jones v. Powell , 462 Mich. 329, 612 N.W.2d 423 (2000), further explained that " Smith only recognized a narrow remedy against the state on the basis of the unavailability of any......
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Defining the Problem
...a damage remedy for a violation of the Michigan Constitution may be recognized against the state in appropriate cases. Jones v. Powell , 462 Mich. 329, 336; 612 N.W.2d 423 (2000); Smith v. Dep’t of Public Health , 428 Mich. 540, 544; 410 N.W.2d 749 (1987), af’ d sub nom. Will v. Dep’t of St......