Legal Opinion · Dissent

Petipren v. Jaskowski

Michigan Court of Appeals

Decided October 20, 2011No. Docket Nos. 298088 and 301125Published

1DissentMurray, P.J.

The trial court held that defendant Rodney Jaskowski was not entitled to absolute governmental immunity under MCL 691.1407(5) because (1) Jaskowski acted outside the scope of his executive authority as chief of police and (2) Jaskowski was motivated by a “personal vendetta” against plaintiff. Because Michigan law provides no support for such a conclusion under the undisputed material facts presented to the trial court, I respectfully dissent from the majority’s decision to affirm the trial court’s order denying Jaskowski’s motion for summary disposition.

As acknowledged by the majority, MCL…

2Cases cited9 opinions

  1. MacK v. City of DetroitMichigan Supreme Court · 2002
  2. Payton v. City of DetroitMichigan Court of Appeals · 1995
  3. Armstrong v. Ypsilanti Charter TownshipMichigan Court of Appeals · 2002
  4. Bennett v. Detroit Police ChiefMichigan Court of Appeals · 2007
  5. American Transmissions, Inc v. Attorney GeneralMichigan Supreme Court · 1997

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