Michigan Police Brutality Statutes
This page provides a comprehensive index of statutes from the Michigan Compiled Laws (MCL) that are commonly referenced in police brutality and excessive force cases. The statutes span multiple legal areas, including governmental immunity, civil rights violations, assault and battery, wrongful death, freedom of information, self-defense, and civil procedure. Each statute is listed with its official citation and a plain-language summary explaining its relevance to Michigan police misconduct law. The guide is organized by MCL chapter and section number to assist attorneys, researchers, and advocates in navigating Michigan’s legal framework for police brutality litigation.
Table of Contents
Michigan Compiled Laws (MCL)
Statutes of Limitations
Governmental Immunity Statutes
- MCL § 691.1407(1) – General governmental immunity from tort liability for governmental functions
- MCL § 691.1407(2) – Individual officer immunity (exceptions for gross negligence and intentional torts)
- MCL § 691.1407(3) – No immunity for intentional torts or gross negligence that is the proximate cause of injury
- MCL § 691.1407(5) – Absolute immunity for judges, legislators, and highest executive officials
- MCL § 691.1407(7)(a) – Definition of “gross negligence” (conduct so reckless as to demonstrate substantial lack of concern for whether an injury results)
- MCL § 691.1401 – General governmental immunity provision
- MCL § 691.1402 – Highway exception to governmental immunity
- MCL § 691.1403 – Definitions relevant to highway maintenance exception
- MCL § 691.1404 – Notice requirements (120-day notice for highway defects)
- MCL § 691.1405 – Motor vehicle exception (governmental liability for negligent operation)
- MCL § 691.1406 – Public building exception (liability for unsafe conditions in public buildings)
- MCL § 691.1413 – Proprietary function exception (for-profit governmental activities)
State Tort Claims - Assault and Battery
- MCL § 600.2917 – Shopkeeper’s privilege (limitations on assault/battery recovery in shoplifting cases)
- MCL § 600.2922b – Self-defense statutory defense to assault and battery
- MCL § 600.2922c – Attorney fees for successful self-defense claims
Wrongful Death & Survival Actions
MCL § 600.2922a – Assault or battery resulting in miscarriage, stillbirth, or fetal injury
Court of Claims (State Claims)
MCL § 600.6431 – Suits against State in Court of Claims (notice and filing deadlines)
MCL § 600.6419 – Jurisdiction of Court of Claims over claims against the State
MCL § 600.6440 – Notice of intention to file claim against State
Criminal Statutes (Related Officer Conduct)
- MCL § 750.81 – Assault and battery (misdemeanor)
- MCL § 750.81a – Domestic assault (aggravated domestic assault)
- MCL § 750.81d – Assaulting, battering, resisting, obstructing, opposing person performing duty (felony)
- MCL § 750.82 – Felonious assault
- MCL § 750.83 – Assault with intent to commit murder
- MCL § 750.84 – Assault with intent to do great bodily harm less than murder
- MCL § 750.86 – Assault with intent to maim
- MCL § 750.87 – Assault with intent to commit felony (unarmed)
- MCL § 750.88 – Assault with intent to rob or steal (armed)
- MCL § 750.89 – Assault with intent to commit felony (other)
- MCL § 750.479 – Resisting or obstructing police officer (penalties)
- MCL § 750.227d – Improper transport/possession of firearms
Freedom of Information Act (FOIA)
- MCL § 15.231 – Michigan Freedom of Information Act (FOIA) policy and definitions
- MCL § 15.232 – Definitions under FOIA
- MCL § 15.233 – Public bodies subject to FOIA
- MCL § 15.234 – Furnishing copies of public records
- MCL § 15.235 – Requests to inspect or receive copies; response requirements
- MCL § 15.236 – Fees for public records
- MCL § 15.240 – Civil action for noncompliance
- MCL § 15.243 – Exemptions from disclosure (including law enforcement records)
- MCL § 15.244 – Separation of exempt and nonexempt material
Self-Defense Statutes
Damage Awards & Limitations
- MCL § 600.6098 – Michigan’s prohibition on punitive damages (exemplary damages only allowed in specific statutory cases)
- MCL § 600.6303 – Collateral source rule (reduction of economic damage awards by collateral source payments)
- MCL § 600.2956 – Abolition of joint liability (several liability only)
- MCL § 600.6304 – Judgment entry; several liability and reallocation
- MCL § 600.6304(6)(a) – Joint liability exception specific to certain actions
- MCL § 600.6312 – Joint liability for intentional tortfeasors (criminal act exception)
- MCL § 600.2911 – Libel and slander (exemplary damages limitation)
- MCL § 600.2957 – Allocation of fault (comparative fault statute)
- MCL § 600.2959 – Effect of plaintiff’s comparative fault on damages
- MCL § 600.2958 – Setoff for prior settlements
- MCL § 600.2960 – Setoff rules preventing duplicative damages recovery
Expert Witnesses & Evidence
Procedural Statutes
- MCL § 600.2925a – Release of one tortfeasor; effect
- MCL § 600.2925b – Contribution among tortfeasors and effect of settlements
- MCL § 600.2925c – Release of tortfeasor; reduction of claim
- MCL § 600.2925d – Contribution among tortfeasors
- MCL § 600.5851 – Disabilities of infancy or insanity (tolling)
- MCL § 600.5852 – Wrongful death saving provision
- MCL § 600.5855 – Fraudulent concealment; tolling
- MCL § 600.5856 – Other tolling provisions
Assault on Pregnant Individuals
- MCL § 750.90a – Assault on pregnant individual with intent to cause miscarriage or stillbirth
- MCL § 750.90b – Assault on pregnant individual causing miscarriage or stillbirth
- MCL § 750.90c – Assault on pregnant individual causing great bodily harm to fetus
- MCL § 750.90d – Assault on pregnant individual causing death to fetus
- MCL § 750.90e – Assault on pregnant individual with intent to cause death or great bodily harm
- MCL § 750.90f – Assault on pregnant individual causing physical injury to fetus
- MCL § 750.90g – Definitions for assaults on pregnant individuals