Barbara Jean Bassett v. State Court Administrator
329999
| Mich. Ct. App. | Jun 15, 2017Background
- Barbara Jean Bassett sued the State Court Administrator (SCAO), Michigan State Police Criminal Records Division (MSP), Detroit Public Schools (DPS) units and employees (including Gwendolyn Washington and Principal Wendy Shirley), and related parties asserting tort claims based on disclosure of a prior conviction and rescission of an employment offer.
- Two actions were filed: one in the Wayne Circuit Court and one in the Court of Claims; appeals were consolidated.
- Wayne Circuit Court granted summary disposition for state and DPS defendants; Court of Claims likewise granted summary disposition for state defendants and DPS defendants for lack of jurisdiction, res judicata, and governmental immunity.
- Central statutory framework: Court of Claims exclusive jurisdiction over state agencies (MCL 600.6419), statutory duties for criminal-history checks by schools (MCL 380.1230), and the Governmental Tort Liability Act (MCL 691.1401 et seq.) governing governmental immunity.
- Plaintiff acknowledged the underlying conviction, alleged negligence and privacy/defamation-related torts, but did not plead statutory exceptions to governmental immunity or gross negligence, and in many respects sued incorrect entities or failed to serve SCAO.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court jurisdiction over state defendants | Wayne circuit court had jurisdiction; court erred | Court of Claims has exclusive jurisdiction over state agencies; Wayne lacked jurisdiction | Court of Appeals: Court of Claims/CT jurisdiction proper; Wayne dismissal correct |
| Proper parties / service (SCAO, DPS entities) | Named entities were proper defendants | Plaintiff sued wrong entities (SCAO not employer of clerks; DPS units are parts of Detroit Public Schools); SCAO not served | Dismissal affirmed for wrong-party pleading and failure to serve SCAO |
| Governmental immunity (state and DPS agencies) | Disclosure/negligence defeats immunity; MSP liable for improper disclosure | MSP and DPS acted pursuant to statute (MCL 380.1230) performing governmental functions; immunity applies | Immunity applies; plaintiff failed to plead a statutory exception; summary disposition proper |
| Qualified immunity for individual employees (Washington, Shirley) | Employees’ actions were negligent and caused harm | Employees were acting within scope, performing statutory duties; no gross negligence pled | Individuals entitled to immunity; plaintiff pled ordinary negligence only; summary disposition proper |
| Tort elements (defamation/libel/tortious interference/privacy) | Statements/publication were false, unprivileged, and caused harm; privacy statute violated | Conviction was true (truth defense); communications were statutorily authorized and privileged; privacy claim vague/speculative | Claims fail: truth defeats defamation/libel; publication was authorized; privacy allegation abandoned/speculative; interference lacks malice/unjustified conduct |
| Res judicata and claim preclusion | Court of Claims wrongly relied on Wayne ruling | Wayne decision was on the merits; same parties/claims; bars relitigation | Res judicata applies to DPS claims (Wayne judgment on the merits); Court of Claims alternative basis affirmed |
| Preservation of new arguments (gross negligence, due process, double jeopardy) | These issues show immunity exception and constitutional violations | Issues were not raised below and thus not preserved; double jeopardy inapplicable to civil torts | Issues unpreserved and abandoned; double jeopardy claim inapposite |
Key Cases Cited
- Maiden v. Rozwood, 461 Mich. 109 (recognizes summary disposition standards and evidentiary review)
- Odom v. Wayne County, 482 Mich. 459 (discusses sovereign/governmental immunity and need to plead exceptions)
- Harrison v. Director of Dep’t of Corrections, 194 Mich. App. 446 (definition of governmental function)
- Ghanam v. Does, 303 Mich. App. 522 (elements of defamation and truth as defense)
- Collins v. Detroit Free Press, Inc., 245 Mich. App. 27 (libel/defamation standards)
- LM v. Michigan, 307 Mich. App. 685 (governmental immunity for school districts and employees)
- Sylvan Twp. v. City of Chelsea, 313 Mich. App. 305 (res judicata standard for successive suits)
- Capital Mortgage Corp. v. Coopers & Lybrand, 142 Mich. App. 531 (summary judgment as judgment on the merits for res judicata)