Kimberley A. Koester Law Blog

In Briggs v. Oakland County, 276 Mich. App. 369; 742 N.W.2d 136; (2007), the medical care exception to governmental immunity, MCL 691.1407(4) was found applicable to local government.  Therefore, local governments may be subject to liability for medical malpractice or negligence.

 In Briggs, the inmate was detained at the county jail and fell from an upper bunk. The inmate was injured in the fall, and allegedly... Read More

Inmates often sue for frivolous topics.  The Federal Courts are required to allow inmates to file in forma pauperis, or with pauper status, paying their filing fee a bit at a time.  The Federal Courts also have to allow inmates to initially present their complaints to the Courts.

The Federal Courts, under 42 U.S.C. '1997e and 28 U.S.C. '1915A, are required to review inmate claims to see if they are frivolous, malicious, fail... Read More

Members of the public often hear of '1983 claims being brought against government officials and entities.  Few understand the meaning of this substantial remedy against governmental mistreatment and fewer understand how a '1983 applies to medical professionals.

“42 U.S.C. '1983” is found in Title 42, Section 1983 of the United States Code and so is commonly referred to as Section 1983.   The statute is key in... Read More