Legal Opinion · Dissent

Bayer v. MacOmb County Sheriff

Michigan Court of Appeals

Decided December 10, 1970No. Docket 7941Published

1DissentY. J. Brennan, J.

Plaintiff sought to recover civil damages from the sheriff, his department, and a deputy arising out of an injury sustained when the deputy struck the plaintiff in the face breaking his jaw. Prom a summary judgment in favor of the sheriff and sheriff’s department the plaintiff appeals.

The facts of the case are as follows. On January 12, 1969, plaintiff was arrested on a charge of assaulting a police officer. He was taken to the Ma-comb County Jail where Deputy Sheriff John Smoot proceeded to “book” him. A dispute arose over the signing of a receipt for plaintiff’s property. During this…

2Cases cited7 opinions

  1. Bielski v. Wolverine InsuranceMichigan Supreme Court · 1967
  2. Risser v. HoytMichigan Supreme Court · 1884
  3. Fernelius v. PierceCalifornia Supreme Court · 1943
  4. Yount v. National Bank of JacksonMichigan Supreme Court · 1950
  5. Bostatter v. HinchmanMichigan Supreme Court · 1928

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