Allen v. Department of Mental Health

I reluctantly concur in the judgment affirming the dismissal of this complaint on the basis of statutory governmental immunity. MCLA 691.1407; MSA 3.996(107). The Legislature and the Supreme Court have indicated this archaic doctrine is to have some continuing vitality. I would limit its application to the discretionary acts of governmental officials or agencies. See, Siess v Bureau of Pardons & Paroles, 74 Mich App 613; 255 NW2d 2 (1977).

The hiring of employees by the Michigan Department of Mental Health and the acts surrounding the decision to release plaintiff’s decedent for a home visit…