Marrocco v. Randlett

The question presented is whether the mayor and the treasurer of a home-rule city are absolutely immune from tort liability pursuant to Ross v Consumers Power Co (On Rehearing), 420 Mich 567; 363 NW2d 641 (1984). The trial court granted summary disposition1 for defendant elected municipal officials on plaintiff’s claims alleging tortious conduct. The Court of Appeals affirmed.2 We reverse because the plaintiff alleged conduct that, if true, may not have been within defendants’ executive authority.

i

Plaintiff W. Thomas Marrocco, Jr., was examined on deposition at considerable length. That was…