MacK v. City of Detroit

I. respectfully disagree with the majority’s conclusion that a cause of action created by defendant’s city charter and brought against the city of Detroit would contravene the governmental tort liability act (gtla), MCL 691.1407. I further object to the majority’s assertion that plaintiff must plead in avoidance of governmental immunity.

In reaching its holding, the majority disregards the foundational principles of our adversarial system of adjudication. As protectors of justice, we refrain from deciding issues without giving each party a full and fair opportunity to be heard. But not for…