Brown v. Genesee County Board of Commissioners

We granted leave to consider whether an inmate, who claims that a dangerous or defective condition in a jail caused injuries, may avoid governmental immunity for tort liability under the statutory exception for public buildings, MCL 691.1406. The trial court granted summary disposition to defendant-county, but the Court of Appeals reversed and held that a jail falls within the exception.

We would reverse the Court of Appeals decision and reinstate the trial court’s grant of summary disposition to defendant. Although a jail is “open for use by members of the public,” an inmate is not a member…