Legal Opinion

Martin v. Department of Corrections

Michigan Supreme Court

Decided March 28, 1986No. 75939, (Calendar No. 14)PublishedCited by 30 opinions

1Opinion of the CourtWilliams, C.J.

The issue in this case arises from the challenge of a prison inmate to the disciplinary directives of the Department of Corrections as not being properly promulgated as rules pursuant to the Administrative Procedures Act, MCL 24.201 et seq.; MSA 3.560(101) et seq. The department defended its disciplinary provisions as being subject to an exception to the rulemaking requirements of the apa for

[a]n intergovernmental, interagency or intraagency memorandum, directive or communication which does not affect the rights of, or procedures and practices available to, the public. [MCL 24.207(g); MSA…

2Cases cited10 opinions

  1. Aikens v. Department of ConservationMichigan Supreme Court · 1972
  2. Green v. Department of CorrectionsMichigan Supreme Court · 1971
  3. Green v. Department of CorrectionsMichigan Court of Appeals · 1971
  4. Human Rights Party v. Michigan Corrections CommissionMichigan Court of Appeals · 1977
  5. Lawrence v. Department of CorrectionsMichigan Court of Appeals · 1979

5 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Boyd v. Civil Service CommissionMichigan Court of Appeals · 1997
  2. Neal v. CORRECTIONS DEPT.Michigan Court of Appeals · 1998
  3. Massey v. Secretary, Department of Public Safety & Correctional ServicesCourt of Appeals of Maryland · 2005
  4. Neal v. Department of CorrectionsMichigan Court of Appeals · 1998
  5. Jahner v. Department of CorrectionsMichigan Court of Appeals · 1992

25 more not listed; retrieve them via the Exa API.

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