Police Brutality & Civil Rights
Court of Claims
3 statutes with plain-language summaries, case relevance, source links, and related Michigan practice areas.
Court of Claims
3 statutes"No claim may be maintained against the state unless the claimant, within 6 months after the claim has accrued, files in the office of the clerk of the court of claims either a written claim or a written notice of intention to file a claim against the state or any of its departments, commissions, boards, institutions, arms, or agencies."Read Full Statute
To sue the State of Michigan — including the Michigan State Police — you must file a verified claim in the Court of Claims within 6 months of the incident (or within 1 year for some wrongful death claims). This requirement is separate from and in addition to the regular 3-year statute of limitations.
Missing the correct Court of Claims timing rule can permanently bar a claim against the State of Michigan even if another limitations period has not expired. The applicable deadline depends on the type of state claim.
We identify state government defendants immediately on intake and calendar the specific Court of Claims deadline as a first-priority action, before addressing any other aspect of the civil rights claim.
"The court of claims has exclusive jurisdiction of all claims and demands, liquidated and unliquidated, ex contractu and ex delicto, against the state and any of its departments, commissions, boards, institutions, arms, or agencies."Read Full Statute
The Court of Claims has exclusive jurisdiction over all lawsuits for money damages against the State of Michigan. Claims against Michigan State Police troopers acting in their official capacity must be filed in the Court of Claims, not in the circuit court.
State Police misconduct cases follow different procedural rules than local police cases. Filing in the wrong court — or failing to understand jurisdiction — can result in dismissal.
We are experienced Court of Claims practitioners and understand the specific procedures, filing requirements, and timelines that govern suits against the State of Michigan.
"A claim against the state shall be barred unless the action is commenced within 3 years after the claim first accrues, subject to the notice requirement of section 6431. Both deadlines must be satisfied independently."Read Full Statute
Claims against the state must satisfy the Court of Claims timing rules in MCL 600.6431. A verified claim or notice of intention generally must be filed within 1 year after accrual, with a shorter 6-month deadline for property damage or personal injury claims against the state. Separate limitations periods may also apply.
You can have a timely regular claim and still be barred in the Court of Claims if you missed the specific MCL 600.6431 timing requirement. The Court of Claims calendar and the underlying limitations calendar must be tracked simultaneously from day one.
We calendar the applicable Court of Claims deadline and the underlying limitations deadline at intake for every civil rights case involving state government defendants.