Bayer v. MacOmb County Sheriff

Plaintiff seeks to recover civil damages from the sheriff and his department and a deputy sheriff for the alleged misconduct of the deputy sheriff. He alleges in his complaint that while he was under arrest at the county jail the defendant deputy sheriff struck him, inflicting serious injury. He does not allege that the sheriff aided or counselled in the assault. He appeals a summary judgment of dismissal as to defendants sheriff and sheriff’s department.

The single issue to be determined on appeal is whether the sheriff and the sheriff’s department can be held liable for the alleged assault…