Mudge v. Macomb County

Decision Date01 July 1998
Docket NumberDocket No. 103985,No. 6,6
Citation580 N.W.2d 845,458 Mich. 87
PartiesTanya J. MUDGE and Jonathan Brown, Plaintiffs and Counter-Defendants-Appellees, v. MACOMB COUNTY, Macomb County Sheriff's Department, William Hackel, Macomb County Sheriff, jointly and severally, Defendants and Counter-Plaintiffs-Appellants. Calendar
CourtMichigan Supreme Court

James M. Hacker, Lawrence A. Baumgartner, and Jerald R. Lovell, Mount Clemens, of counsel, for plaintiffs.

O'Leary, O'Leary, Jacobs, Mattson, Perry & Mason, P.C. by John P. Jacobs and Kenneth L. Herrington, Southfield, for defendants.

Johnson, Rosati, Galica, Labarge, Aseltyne & Field, P.C. by Marcia L. Howe, Farmington Hills, amicus curiae, for Michigan Defense Trial Association.

Garan, Lucow, Miller, Seward & Becker, P.C. by Rosalind Rochkind, Detroit, amici curiae, for Michigan Municipal League and Michigan Municipal Liability and Property Pool.

Cohl, Stoker & Toskey, P.C. by Peter A. Cohl and John R. McGlinchey, Lansing, amici curiae, for Michigan Association of Counties and Michigan Sheriffs Association.

Opinion

TAYLOR, Justice.

Tanya Mudge and Jonathon Brown filed a lawsuit in the Macomb Circuit Court against Macomb County, Macomb County Sheriff's Department, and William Hackel, Macomb County Sheriff. Plaintiffs alleged that the sheriff's department had obtained ex parte orders from the judge assigned to their respective criminal cases, seizing their bond monies for reimbursement of the expenses of their incarceration in the Macomb County jail. Plaintiffs' amended complaint alleged two causes of action: (1) breach of state law under the Prisoner Reimbursement to the County Act (PRCA), M.C.L. § 801.81 et seq.; M.S.A. § 28.1770(1) et seq., and (2) a violation of 42 U.S.C. § 1983. 1 The breach of state law count alleged that defendants had failed to commence a civil action within the prescribed period that would have potentially allowed defendants to obtain a portion of their bond monies under the PRCA. Plaintiffs thus sought return of their bond monies because their money had been converted without statutory authority. Plaintiffs also asserted that the acts and omissions of defendants had violated 42 U.S.C. § 1983 because they amounted to an unconstitutional deprivation of their property in violation of the 5th and 14th Amendments of the United States Constitution.

Defendants filed a motion for summary disposition asserting several grounds. After the trial court denied the motion, defendants filed a counterclaim asserting, inter alia, a right to recoupment under the PRCA. Plaintiffs then filed a motion seeking summary disposition of defendants' counterclaim, arguing such a counterclaim was barred given that the limitation period under the PRCA had expired. Defendants also filed a motion for rehearing or reconsideration regarding the denial of their motion for summary disposition. The trial court subsequently granted reconsideration and entered an order summarily dismissing plaintiffs' amended complaint. The trial court never ruled on plaintiffs' motion to summarily dismiss the counterclaim because the counterclaim became moot upon dismissal of plaintiffs' complaint.

Plaintiffs appealed as of right, and the Court of Appeals reversed and remanded for further proceedings. 210 Mich.App. 436, 534 N.W.2d 539 (1995). Defendants filed an application for leave to appeal, which this Court initially denied, but ultimately granted in response to defendants' motion for reconsideration. Our order granting defendants' application for leave to appeal was limited to three questions: (1) whether a violation of the PRCA constituted a federal due process violation, (2) whether an action for damages was barred because the withholding of funds was pursuant to an order issued by the circuit court, and (3) whether defendants' claim for reimbursement under the PRCA could be raised by counterclaim after the time for bringing an action under the statute had expired. 454 Mich. 888, 562 N.W.2d 784 (1997).

Plaintiffs were charged with unspecified criminal charges in the Macomb Circuit Court. Brown posted a $10,000 cash bond on May 17, 1988, to secure his release on bail. On October 5, 1988, while the charges were still pending against Brown, the sheriff's department requested, on an ex parte basis, 2 that the judge assigned to Brown's criminal case, enter an order.

The prefatory language in the order that the court signed stated that the Sixteenth Judicial Circuit was in possession of a sum of $10,000 and that it appeared that defendant "has/will" have incurred reimbursement charges as a consequence of the criminal case. The introductory language further indicated that the "Sheriff's Reimbursement Program for the County of Macomb" was requesting that the $10,000 be deposited with the department in lieu of payment toward reimbursement fees provided for under the PRCA. The order entered in Brown's case concluded as follows: "THEREFORE IT IS ORDERED, that the sum of $10,000 be released forthwith, and made payable to the County of Macomb for payment of reimbursement fee(s) upon conclusion of said matter(s), or until further order of the Court." Brown was eventually sentenced to six months in jail on June 22, 1989. Defendants' counterclaim indicates that Brown received a financial history form from the sheriff on or about June 27, 1989. Thus, the ex parte order seizing Brown's money was apparently entered before he was convicted 3 and more than eight months before he was requested to provide financial information. 4 The sheriff's department apparently never served a copy of the ex parte order on Brown or the attorney representing him in his criminal case. It also appears that Brown first learned that his bond monies had been subject to the October 5, 1988, ex parte order after he was sentenced and he sought return of his bond money. 5 A somewhat similar scenario occurred with reference to Mudge. A cash bond of $1,100 was posted by Mudge on December 20, 1988. Apparently soon after being sentenced to four months in jail, the sheriff's department requested the judge assigned to preside over Mudge's criminal charges to enter an order on an ex parte basis. The prefatory language and the actual language in the order that was entered was identical to the order entered with reference to Brown, except that the order recited that $1,000 was in the Court's possession and that it was to be released and "made payable to the County of Macomb for payment of reimbursement fee(s) upon conclusion of said matter(s), or until further order of the Court." 6 Mudge's bond money appears to have been seized two months before she received defendants' financial status form. As with Brown, the ex parte order apparently was not served on Mudge or the attorney who was representing her in her criminal case. Mudge was released from jail on November 17, 1989. On March 21, 1990, Mudge was sent a form demand letter from the "County of Macomb Reimbursement Department." This letter indicated that Mudge had a current balance due of $1,140 and that payment of $125 was due. The letter further stated that the account would be turned over to a collection agency unless a payment was received within ten days.

The Court of Appeals held that defendants had acted ultra vires of the PRCA when they obtained ex parte orders from the circuit court. Id. at 440-441, 534 N.W.2d 539. It also vacated the ex parte orders, ordered that the bond monies be returned, 7 and found that defendants' recoupment counterclaim was barred. The Court of Appeals went on to hold that a municipality could be sued under 42 U.S.C. § 1983 for unconstitutional or "illegal policies or customs" and that liability could be imposed for deliberate indifference to a person's constitutional or "statutory rights." Id. at 445, 534 N.W.2d 539.

I

Defendants assert that the Court of Appeals erred in holding that a violation of the PRCA is actionable under § 1983, because violations of state statutes are not actionable under § 1983. Defendants are correct that actions violating a state statute, that do not also violate the federal constitution or a federal statute, are not actionable under 42 U.S.C. § 1983. See, e. g., Huron Valley Hosp. v. City of Pontiac, 887 F.2d 710, 714 (C.A.6, 1989) (42 U.S.C. § 1983 is limited to deprivations of federal statutory and constitutional rights; it does not cover official conduct that allegedly violates state law). Accord Crawford-El v. Britton, 523 U.S. ----, 118 S.Ct. 1584, 140 L.Ed.2d 759 (1998) (the very purpose of § 1983 is to provide a remedy for the violation of federal rights).

Plaintiffs' amended complaint alleged that defendants' conduct violated the PRCA. However, plaintiffs also pleaded 42 U.S.C. § 1983 as a separate count, alleging defendants' actions violated their rights under the 5th and 14th Amendments of the federal constitution. If defendants' conduct violated the federal constitution, the fact that the conduct also violated the PRCA is of no moment and is not a ground allowing a court to find that plaintiffs have not alleged a cause of action under 42 U.S.C. § 1983. 8 Zinermon v. Burch, 494 U.S. 113, 124-125, 110 S.Ct. 975, 108 L.Ed.2d 100 (1990) (a plaintiff may bring a § 1983 action for an unlawful search and seizure [in violation of the Fourth Amendment of the constitution] despite the fact that the search and seizure also violated the state's constitution or statutes).

Defendants argue that plaintiffs may not assert a § 1983 claim because of the existence of postdeprivation state remedies. To determine whether this argument is correct, we turn to Zinermon. In Zinermon, the Court explained that there are three kinds of claims that may be brought against a state under the Due Process Clause of the 14th Amendment. Id. at 125, 110 S.Ct. 975. The Court said that the first is a claim against a state for a violation of many of the rights under the Bill Rights. The...

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