Rusha v. Department of Corrections

Defendant, Department of Corrections (DOC), appeals as of right the Court of Claims order denying its motion for summary disposition of plaintiffs allegation of cruel or unusual punishment in violation of the Michigan Constitution. On appeal, the DOC contends that plaintiffs failure to file the statutorily required notice of intent to file a claim within six months of the alleged injury bars this lawsuit where the complaint was not filed until nearly 28 months after the alleged injury first occurred. Because we hold that the statutory notice requirement of MCL 600.6431 applies to…