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WESTERVELT v. DEPT. OF CORRECTIONS

Docket No. 77-5075.

86 Mich. App. 788 (1978)

273 N.W.2d 563

WESTERVELT v. DEPARTMENT OF CORRECTIONS

Michigan Court of Appeals.

Decided November 6, 1978.

Attorney(s) appearing for the Case

Cholette, Perkins & Buchanan (by Kenneth L. Block), for plaintiff.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Rebecca Chapman McClear, Assistant Attorney General, for defendant.

Before: D.E. HOLBROOK, JR., P.J., and T.M. BURNS and W. VAN VALKENBURG, JJ.

D.E. HOLBROOK, JR., P.J.

Appellant, an inmate at the Ionia Reformatory, claims he was sexually attacked by other inmates, resulting in physical and emotional injury. Suit was filed against the Department of Corrections and Dale Fontz alleging that plaintiff's injuries were the result of defendants' negligence. The Department of Corrections filed its answer but did not raise the defense of governmental immunity. Such...

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