Latits v. Phillips
826 N.W.2d 190
Mich. Ct. App.2012Background
- Latits was stopped for a routine traffic violation; marijuana was observed in Latits's glove compartment.
- Latits fled; a pursuit ensued with four Ferndale police officers including Phillips.
- Latits rammed a patrol car; the officers attempted a PIT maneuver and boxed in Latits in a Detroit parking area.
- Phillips approached Latits's vehicle and fired four times as Latits drove away, later dying from gunshot wounds.
- Autopsy showed alcohol and hydrocodone in Latits’s system; Phillips claimed he fired to protect himself and other officers.
- Plaintiff alleged gross negligence and assault-and-battery; the circuit court denied summary disposition based on immunity; the trial court relied on video evidence to create disputed issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does governmental immunity bar assault and battery claim? | Latits argues immunity does not apply due to contested facts. | Phillips argues good-faith immunity under MCL 691.1407(2) applies. | Yes; immunity applies if good-faith belief exists, regardless of correctness. |
| Is the gross negligence claim barred by immunity? | Gross negligence allegations survive immunity analysis. | Immunity also shields intentional torts; gross negligence cannot override. | Immunity bars the gross negligence claim; the claim is framed as intentional tort. |
| May police reports be used to support summary disposition even if not admissible at trial? | Police reports are inadmissible to prove facts at trial. | Admissible evidence for summary disposition need not be in admissible form; personal observations may be testified to. | Admissible for summary disposition; officers’ observations can support the motion. |
| Was the officer’s belief in need to shoot shown to be in good faith? | Defendant acted with malice or improper purpose. | Defendant acted in good faith to protect himself and others. | Yes; the record shows a good-faith belief supporting immunity. |
Key Cases Cited
- Odom v. Wayne Co., 482 Mich 459 (2008) (good-faith immunity analysis for police conduct; subjective belief matters)
- Brosseau v. Haugen, 543 U.S. 194 (2004) (hazy border between excessive and acceptable force; guides immunity analysis)
- Maiden v. Rozwood, 461 Mich 109 (1999) (police reports and admissibility for summary disposition; pleading considerations)
- VanVorous v. Burmeister, 262 Mich App 467 (2004) (pleading to transform intentional torts into gross negligence not allowed)