Police Brutality & Civil Rights
Court of Claims
3 statutes with plain-language summaries, case relevance, source links, and related Michigan practice areas.
Statutory text checked against the Michigan Compiled Laws, complete through PA 16 of 2026, on June 12, 2026.
Court of Claims
3 statutes"Except as otherwise provided in this section, a claim may not be maintained against this state unless the claimant, within 1 year after the claim has accrued" files a written claim or notice of intention. "For a claim against this state for property damage or personal injuries," the filing deadline is 6 months after the event giving rise to the claim.Read Full Statute
To maintain many claims against the State of Michigan, MCL 600.6431 generally requires a written claim or notice of intention in the Court of Claims within 1 year after accrual. For property-damage or personal-injury claims against the state, the claim or notice must be filed within 6 months after the event giving rise to the claim.
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 generally has exclusive jurisdiction over money-damage claims against the State of Michigan and its departments, agencies, and arms, subject to statutory exceptions and federal-court paths.
State Police cases can involve different forums. State-law damages claims against the state may belong in the Court of Claims, while § 1983 claims against troopers in their individual capacities may proceed in circuit court or federal court when otherwise viable.
We separate state-entity claims, official-capacity issues, and individual-capacity federal claims so each defendant is sued in the correct forum.
"Every claim against this state, cognizable by the court of claims, is forever barred unless the claim is filed with the clerk of the court or an action is commenced on the claim in federal court as authorized in section 6440, within 3 years after the claim first accrues."Read Full Statute
MCL 600.6452 generally bars Court of Claims claims against the state unless the claim is filed with the clerk of the court or an authorized federal action is commenced within 3 years after the claim first accrues. This is separate from the notice rules in MCL 600.6431.
A claimant must satisfy both the Court of Claims notice requirement and the underlying limitations period. Meeting one does not excuse missing the other.
We calendar the 6431 notice deadline and the 6452 limitations deadline independently for every case involving state government defendants.