Burnett v. Moore

Plaintiff commenced this action in circuit court, alleging, inter alia, that defendant assaulted and battered him in the course of making a citizen’s arrest for plaintiff’s reckless driving. The court granted defendant’s motion for accelerated judgment, holding that the Court of Claims had exclusive jurisdiction over the action on the theory that defendant, a state police officer who was off duty at the time of the alleged incident, is a "state official”. Plaintiff appeals as of right. Plaintiff presents two issues for our consideration. In light of our decision on the first issue, we find it…