Oliver v. Smith

In this tort action alleging excessive use of force by a police officer, defendant Cory Smith appeals as of right the trial court’s order denying his motion for summary disposition based on governmental immunity. This is the second time that this case is before this Court. This Court previously affirmed the trial court’s order denying a previous motion for summary disposition made by defendant.1 Oliver v Smith, 269 Mich App 560; 715 NW2d 314 (2006). Because the trial court erred by denying defendant’s motion for summary disposition, we reverse.

The facts underlying this appeal were summarized…