Court Rules Mental Health Commitment Constitutional – Case Dismissed

Attorney Kali Lester recently received a dismissal in Federal Court where the plaintiff alleged a local police department had an unconstitutional policy for mental health commitments. The policy permits officers to rely on statements from witnesses to evaluate an individual’s mental condition. The plaintiff argued that Michigan’s Mental Health Code requires officers to personally observe the individual exhibiting dangerous behavior before seizing the individual for the purpose of a mental […]

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Public and Private Employers Subject to 50 Employee Threshold Under the FMLA: Does Unconditional Language in Employee Manual Create a Jury Question?

Both private and public employers are subject to the Family Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid leave from their employment if they meet certain statutory requirements (employed for at least 12 months, and worked 1250 hours within the preceding 12 months). The FMLA defines a “covered employer” as being “any person engaged in commerce or in any industry or activity […]

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The Failure of Public Act 222: Sewer Backup Legislation

In 2001 the State of Michigan enacted Public Act 222 (MCL 691.1416 seq.) to provide a statutory exception to governmental immunity for sanitary sewer backups onto real property. Prior to Act 222, the legal theory used by plaintiffs to recover for sewer backup events was the Trespass-Nuisance exception. That common law action carried strict liability for property damages upon a simple showing that sewage or water in a basement came […]

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Advantages of Intergovernmental Agreements for Municipal Services and Programs

Many municipalities throughout Michigan are still reeling from the affects decreased housing values have had on tax revenues. Counties, Cities, Townships and Villages have all been forced to adjust budgets and, in many situations, cut back on services provided to residents. One of the few good things that have resulted is the increased intergovernmental cooperation in providing services. Many municipalities are entering into intergovernmental agreements between two or more entities […]

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Supreme Court Decides on Fourth Amendment Cases

The search-and-seizure provisions of the Fourth Amendment are all about privacy. To honor this freedom, the Fourth Amendment protects against “unreasonable” searches and seizures by state or federal law enforcement authorities. However, law enforcement may override your privacy concerns and conduct a search of you, your home, office, personal or business documents, bank account records, etc. if they have probable cause to believe they can find evidence that you committed […]

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