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WOJTASINSKI v. CITY OF SAGINAW

Docket No. 26758.

74 Mich. App. 476 (1977)

254 N.W.2d 71

WOJTASINSKI v. CITY OF SAGINAW

Michigan Court of Appeals.

Decided March 29, 1977.

Attorney(s) appearing for the Case

Brisbois, Sturtz & Rousseau, for plaintiff.

Otto W. Brandt, Jr., Assistant City Attorney, for defendant.

Before: D.C. RILEY, P.J., and T.M. BURNS and BEASLEY, JJ.

T.M. BURNS, J.

On August 11, 1972, Leo Wojtasinski was incarcerated in the Saginaw city jail with Clarence Emmel. Wojtasinski was later found dead, having been severely beaten by Emmel. The administrator of Wojtasinski's estate brought this suit against the city alleging negligence and maintenance of a nuisance in the operation of the jail. Summary judgment was granted the city on the basis of MCLA 691.1407; MSA 3.996(107) which grants immunity from tort liability...

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