Bright v. Littlefield, Docket No. 119111.

• Court: Supreme Court of Michigan
• Writing for the Court: PER CURIAM.
• Citation: 465 Mich. 770,641 N.W.2d 587
• Decision Date: 09 April 2002
• Docket Number: Docket No. 119111.
• Parties: Dennis BRIGHT, Plaintiff-Appellant, v. Lt. Littlefield, Sgt. Meyers, Officer John Doe # 1, Officer John Doe # 2, John Doe # 3 also known as "Eric," and Chester F. Waterhouse, Defendants, Dorothy AILSHIE, Tim Moore and A-Able Bail Bonds, a Missouri company, Defendants-Appellees.

641 N.W.2d 587
465 Mich. 770

Dennis BRIGHT, Plaintiff-Appellant,
v.
Lt. Littlefield, Sgt. Meyers, Officer John Doe # 1, Officer John Doe # 2, John Doe # 3 also known as "Eric," and Chester F. Waterhouse, Defendants,
Dorothy AILSHIE, Tim Moore and A-Able Bail Bonds, a Missouri company, Defendants-Appellees

Docket No. 119111.

Supreme Court of Michigan.

April 9, 2002.

641 N.W.2d 588

Lopatin, Miller, Freedman, Bluestone, Herskovic & Domol (by Richard E. Shaw), Southfield, for the plaintiff-appellant

Athina T. Siringas, Detroit, for the defendants-appellees.

PER CURIAM.

Plaintiff's first amended complaint alleged defendants were liable to him under theories of assault and battery, false imprisonment, intentional infliction of emotional distress, and negligence as a result of his being illegally arrested by a bounty hunter and taken to Missouri. In Missouri it was confirmed that the actual person who should have been sought was plaintiff's brother, who had been arrested on a drug charge there. The trial court granted summary disposition for defendants pursuant to MCR 2.116(C)(10). The Court of Appeals affirmed the dismissal, holding the existence of the facially valid Missouri arrest warrant provided authority to arrest plaintiff. We reverse the grant of summary disposition and remand for further proceedings.

I

The pertinent facts are not in dispute. We borrow the Court of Appeals statement of facts:

Plaintiff's brother Vincent Bright was arrested by Missouri police on a drug charge. Vincent identified himself as plaintiff Dennis Bright, using plaintiff's address, date of birth and social security number. Vincent entered into a bond agreement with defendant, A-Able Bail Bonds, which was issued in plaintiff's name and which Vincent signed using plaintiff's name. When Vincent subsequently absconded on the bond, an arrest warrant was issued in plaintiff's name, again using plaintiff's address, date of birth and social security number. Defendant Tim Moore apprehended plaintiff in Detroit and returned him to the Missouri court, where he was later released and the arrest warrant was

641 N.W.2d 589

amended to name Vincent. Plaintiff brought this action, alleging assault and battery, false imprisonment, intentional infliction of emotional distress and negligence. The trial court granted summary disposition to defendants, finding that the facially valid Missouri warrant provided the authority to arrest plaintiff.¹

The Court of Appeals affirmed. Plaintiff has applied for leave to appeal.

II

The Court of Appeals held that, given probable cause, a private citizen may make an arrest for a felony committed in the person's presence or otherwise. MCL 764.16; People v. Bashans, 80 Mich.App. 702, 713, 265 N.W.2d 170 (1978). It further noted that a warrant provides probable cause for an arrest, and an arrest on a facially valid warrant is not a basis for a claim of false imprisonment. Gooch v. Wachowiak, 352 Mich. 347, 351-354, 89 N.W.2d 496 (1958). It reasoned that the facially valid warrant provided the authority needed to execute it. People v. Rowe, 95 Mich.App. 204, 208-209, 289 N.W.2d 915 (1980). The Court concluded that because the Missouri warrant was facially valid and the erroneous identification was not caused by defendants, the trial court did not err in granting summary disposition.

III

This case concerns the interpretation of M.C.L. § 764.16. In construing statutes, "[t]he primary goal of judicial interpretation is to ascertain and give effect to the intent of the Legislature." McJunkin v. Cellasto Plastic Corp., 461 Mich. 590, 598, 608 N.W.2d 57 (2000). To do that we examine the "language of the statute itself." In re MCI Telecommunications, 460 Mich. 396, 411, 596 N.W.2d 164 (1999). If the language is unambiguous, the Court applies the statute as written.

IV

We deal with a plainly written statute in this matter. MCL 764.16 provides:

A private person may make an arrest in the following situations:

(a) For a felony committed in the private person's presence.

(b) If the person to be arrested has committed a felony although not in the private person's presence.

(c) If the private person is summoned by a peace officer to assist the officer in making an arrest.

(d) If the private person is a merchant, an agent of a merchant, an employee of a merchant, or an independent contractor providing security for a merchant of a store and has reasonable cause to believe that the person to be arrested has violated section 356c or 356d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.356c and 750.356d of the Michigan Compiled Laws, in that store, regardless of whether the violation was committed in the presence of the private person.

The plain language of subsection (b) provides authority for a private person to arrest another, if the other has committed a felony. The statute does not grant arrest authority where the other has not committed a felony even if the private person has probable cause to believe

641 N.W.2d 590

the other has committed a felony.² Notwithstanding the clarity of the Michigan statute, the Court of Appeals in Bashans incorrectly read a...