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MITCHELL v. CORRECTIONS DEP'T

Docket No. 52567.

113 Mich. App. 739 (1982)

318 N.W.2d 507

MITCHELL v. DEPARTMENT OF CORRECTIONS

Michigan Court of Appeals.

Decided March 2, 1982.

Attorney(s) appearing for the Case

Charfoos, Christensen, Gilbert & Archer, P.C. (by John G. Konkel), for plaintiff.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Mark I. Leach, Assistant Attorney General, for defendant.

Before: DANHOF, C.J., and M.F. CAVANAGH and D.R. FREEMAN, JJ.

D.R. FREEMAN, J.

Plaintiff appeals by right the dismissal of his action for damages in the Court of Claims. His complaint alleged that he was beaten and injured by fellow inmates while incarcerated in the City of Trenton jail. The claim of liability was premised on theories of nuisance and defendant's duty to maintain safely public buildings under its control, imposed by MCL 691.1406; MSA 3.996(106). The judge granted defendant's motion for summary judgment for failure...

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