Legal Opinion

Lewis v. State

Michigan Supreme Court

Decided July 17, 2001No. Docket 114241PublishedCited by 37 opinions

1Opinion of the CourtTaylor, J.

This case presents the question whether a judicially inferred private cause of action should be recognized against the state for violation of Const 1963, art 1, § 2, the Equal Protection Clause of the Michigan Constitution. We conclude that we should not recognize such a cause of action because the plain language of this constitutional provision leaves its implementation to the Legislature. Thus, we affirm the judgment of the Court of Appeals, although we clarify the appropriate rationale for resolving this case.

I. UNDERLYING FACTS AND PROCEDURAL HISTORY

Plaintiff, a white male, became a…

2Cases cited6 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Morrison v. OlsonSupreme Court of the United States · 1988
  3. Smith v. Department of Public HealthMichigan Supreme Court · 1987
  4. Sharp v. City of LansingMichigan Supreme Court · 2001
  5. 77th District Judge v. StateMichigan Court of Appeals · 1989

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

3Cited by37 opinions

  1. Harvey v. StateMichigan Supreme Court · 2003
  2. Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually and in His Official Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually and in Her Official Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually and in His Official Capacity Brenna Findley, Legal Counsel to the Governor of TheSupreme Court of Iowa · 2017
  3. Grievance Administrator v. FiegerMichigan Supreme Court · 2006
  4. Sharp v. City of LansingMichigan Supreme Court · 2001
  5. Gregory Baldwin v. City of Estherville, Iowa Matt Reineke, Individually and in His Official Capacity as an Officer of the Estherville Police Department and Matt Hellickson, Individually and in His Official Capacity as an Officer of the Estherville Police DepartmentSupreme Court of Iowa · 2018

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API