State Treasurer v. Cuellar

Defendant appeals from a circuit court order granting plaintiff’s motion for summary disposition pursuant to MCR 2.116(0(10). We affirm.

The Attorney General filed suit under the State Correctional Facility Reimbursement Act, MCL 800.401 et seq.; MSA 28.1701 et seq., to recover the costs to the state for the defendant’s care while housed in a state correctional facility. Defendant filed an answer and affirmative defenses, asserting that because the state could not recover ten percent or more of the estimated cost of care or ten percent of the estimated costs of care for two years, as mandated…