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HAMED v. WAYNE COUNTY

Docket No. 139505. Calendar No. 4.

803 N.W.2d 237 (2011)

490 Mich. 1

Tara Katherine HAMED, Plaintiff-Appellee, v. WAYNE COUNTY and Wayne County Sheriff's Department, Defendants-Appellants, and Sergeant Kenneth Darwish, Corporal Nettie Jackson, Sheriff Warren C. Evans, and Deputy Reginald Johnson, Defendants.

Supreme Court of Michigan.

Decided July 29, 2011.

Attorney(s) appearing for the Case

Elmer L. Roller P.C. (by Elmer L. Roller ), Brian Lavan & Associates, P.C, Brighton (by Brian Lavan ), and Gary P. Supanich PLLC (by Gary P. Supanich ) for Tara K. Hamed.

Zausmer, Kaufman, August, Caldwell & Tayler, P.C, Farmington Hills (by Mark J. Zausmer and Carson J. Tucker ), for Wayne County and Wayne County Sheriffs Department.

Cohl, Stoker & Toskey, P.C, Lansing (by Peter A. Cohl and Richard D. McNulty ), for amicus curiae the Michigan Association of Counties.

Mellon Pries, P.C, Troy (by James T. Mellon and David A. Kowalski ), for amicus curiae the Michigan Municipal Risk Management Authority.

O'Connor, DeGrazia, Tamm & O'Connor, P.C, Bloomfields (by Julie McCann O'Connor and Ehzabeth L. Wilhelmi ), for amicus curiae the Michigan Municipal League and the Michigan Municipal League Liability & Property Pool.

Johnson Rosati, LaBarge, Aseltyne & Field, P.C, Farmington Hills (by Marcelyn A. Stepanski ), for amicus curiae the Michigan Defense Trial Counsel.

Linderman Law P.C. (by Maria A. Linderman ) for amicus curiae the Michigan Association for Justice.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, and Heather S. Meingast and Ann Sherman , Assistant Attorneys General, for amicus curiae the Attorney General.

Nacht, Roumel, Salvatore, Blanchard & Walker, P.C. (by Jennifer B. Salvatore ), for amicus curiae the Women Lawyers Association of Michigan.

Opinion

MARY BETH KELLY, J.

We granted leave to appeal in this case to determine the scope of an employer's vicarious liability for quid pro quo sexual harassment affecting public services under Michigan's Civil Rights Act (CRA).1 Specifically, we consider whether Wayne County and its sheriff's department may be held vicariously liable for a civil rights claim under MCL 37.2103(i) based on a criminal act of a deputy sheriff committed...

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