McPherson v. Fitzpatrick

On October 11, 1973, plaintiff instituted a lawsuit in the Wayne County Circuit Court against the Detroit Police Department and several of its officers and employees, some of whom were not known by name. The complaint alleged, inter alia, false imprisonment, false arrest and assault and battery. On January 14, 1974, the trial court granted a motion for accelerated judgment, dismissing defendant police department from the suit on the grounds that the department was entitled to immunity under MCLA 691.1401 et seq.; MSA 3.996(101) et seq. Plaintiff appeals as of right.

Plaintiff claims that the…