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ODOM v. WAYNE COUNTY

Docket No. 133433 (Calendar No. 4).

760 N.W.2d 217 (2008)

482 Mich. 459

Amanda Jean ODOM, Plaintiff-Appellee, v. WAYNE COUNTY and City of Detroit, Defendants, and Christine Kelly, Defendant-Appellant.

Supreme Court of Michigan.

Decided December 30, 2008.

Attorney(s) appearing for the Case

Sakis & Sakis, P.L.C. (by Jason R. Sakis and Raymond S. Sakis), Troy, for Amanda J. Odom.

Zausmer, Kaufman, August, Caldwell & Tayler, P.C. (by Mark J. Zausmer and Carson Tucker), Farmington Hills, for Christine Kelly.

Kym L. Worthy, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, for Wayne County Prosecutor's Office, amicus curiae.

John A. Lyons, Troy, for Michigan Association of Police Organizations, amicus curiae.

Cummings, McClorey, Davis & Acho, P.L.C. (by Karen M. Daley and T. Joseph Seward), Livonia, for Michigan Municipal Risk Management Authority, amicus curiae.

Plunkett Cooney (by Mary Massaron Ross), Detroit, for Michigan Municipal League Liability and Property Pool and the Michigan Municipal League, amicus curiae.

Michael A. Cox, Attorney General, and B. Eric Restuccia, Solicitor General, for the Attorney General, amicus curiae.

OPINION

YOUNG, J.

In this case, we are asked to determine when a governmental employee is immune from liability for an intentional tort. We hold that MCL 691.1407(3) of the governmental tort liability act (GTLA), which explicitly maintains "the law of intentional torts as it existed before July 7, 1986," grants immunity to governmental employees from intentional-tort liability to the extent allowed by the common law before July 7, 1986. We therefore reaffirm...

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