Smith v. City of Westland

Plaintiff, Cynthia Smith, personal representative of the estate of Harold Polmateer, deceased, appeals as of right from a December 10, 1984, order granting partial summary judgment in favor of defendants pursuant to GCR 1963, 117.2(1), now MCR 2.116(C)(8), for failure to state a claim upon which relief can be granted. The order granted summary judgment in regard to plaintiff’s 42 USC 1983 civil rights claim. We affirm the grant of summary judgment.

Defendant City of Westland is the employer of the various other defendants who are Westland police officers. This case arose out of a jail suicide…