Lee v. City of Utica

The relevant facts of this case are ably reported in our colleague’s dissenting opinion and are adopted here. We find no error, however, in the trial court’s entry of accelerated judgment, GCR 1963, 116.1, dismissing plaintiffs’ suit against the City of Utica on the grounds of governmental immunity.

The act of a policeman in making an arrest is an activity "in the exercise or discharge of a governmental function”. MCL 691.1407; MSA 3.996(107). The suggestion that it might not be was expressly rejected by the majority in Thomas v Department of State Highways, 398 Mich 1, 13-14; 247 NW2d 530…