Mitchell v. Department of Corrections

Plaintiff appeals by right the dismissal of his action for damages in the Court of Claims. His complaint alleged that he was beaten and injured by fellow inmates while incarcerated in the City of Trenton jail. The claim of liability was premised on theories of nuisance and defendant’s duty to maintain safely public buildings under its control, imposed by MCL 691.1406; MSA 3.996(106). The judge granted defendant’s motion for summary judgment for failure to state a claim, GCR 1963, 117.2(1). Alternately, he granted accelerated judgment, holding the suit was barred by the doctrine of…