Lm v. State of Michigan
307 Mich. App. 685
| Mich. Ct. App. | 2014Background
- ACLU sued on behalf of eight Highland Park students alleging inadequate instruction and failure to provide needed literacy; district placed under emergency manager under Local Financial Stability and Choice Act; state and district defendants moved for summary disposition based on governmental immunity; trial court partially denied immunity and related motions; majority reverses, remanding for judgment in favor of state and district defendants; court concludes constitutional and MOE claims are not directly actionable under the cited authorities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether state/district defendants are immune under MCL 141.1572 | ACLU argues constitutional and statutory violations trigger liability. | States immunity applies to actions under the act; emergency manager actions fall within act. | No immunity for constitutional/other statutory claims; partial immunity questions reserved. |
| Whether constitutional claims under Const 1963, art 8, §§ 1–2 are justiciable | There is a minimally adequate education claim under art 8, §2. | Constitution does not mandate specific educational outcomes; no direct cause of action. | Constitutional claims not viable for direct judicial remedy; not justiciable. |
| Whether MCL 380.1278(8) creates a private damages action or mandamus relief | Statute imposes duty to provide special assistance; remedy should be available. | No private damages action; writ of mandamus inappropriate due to discretion. | Statutory relief not a private action; mandamus not appropriate given discretion, but remand on remedy questions. |
| Whether mandamus or declaratory relief is appropriate and the remedy is justiciable | Courts should compel action to provide special assistance. | Judicial intervention in educational policy inappropriate. | Remand on remedy questions; majority declines mandamus but dissent would allow declaratory relief. |
Key Cases Cited
- Bond v Ann Arbor Pub Sch Dist, 383 Mich 693 (1969) (free public education requires essential elements; textbooks as baseline)
- Teasel v Dep’t of Mental Health, 419 Mich 390 (1984) (mandamus authority to compel exercise of discretion under statutory standards)
- Lash v Traverse City, 479 Mich 180 (2007) (implied private action when statute silent about remedies; purpose of statute preserved)
- Lansing Sch Ed Ass’n v Lansing Bd of Ed, 487 Mich 349 (2010) (governmental immunity limits in agency/school context; dissent cited)