- 4 Democrats, 3 Republicans
- At least one justice ran on criminal justice reform
- MICH. CONST. ART. I, § 16. Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted; nor shall witnesses be unreasonably detained.
- Michigan courts have held that the phrase “cruel or unusual” provides broader protections than the federal Eighth Amendment’s “cruel and unusual” ban. E.g., People v. Benton, 817 N.W.2d 599 (Mich. Ct. App. 2011).
- “The state and its officials will only be held liable for violation of the state Constitution in cases where a state custom or policy mandated the official or employee’s actions. . . . [here], Plaintiffs have no alternative recourse to vindicate their rights beyond bringing a constitutional-tort claim under Michigan’s Constitution. . . [W]e believe that a damages remedy for plaintiffs’ claim of violation of their right to bodily integrity under Const. 1963, art. 1, § 17 might be the appropriate remedy for plaintiffs’ harms.” Mays v. Governor of Michigan, 506 Mich. 157, 194, 954 N.W.2d 139, 159, 161, 162 (2020).
- MICH. COMP. LAWS ANN. § 600.2963 (criteria and procedures for determining indigency)
- MICH. COMP. LAWS ANN. §§ 600.5501. Jurisdiction. A civil action concerning prison conditions shall be brought in the circuit court or the court of claims, as appropriate.
- MICH. COMP. LAWS ANN. § 600.5503. Exhaustion of administrative remedies; dismissal; appointment of counsel; prohibition.
- (1) A prisoner shall not file an action concerning prison conditions until the prisoner has exhausted all available administrative remedies.
- (2) The court shall on its own motion or on the motion of a party dismiss an action concerning prison conditions brought by a prisoner as to 1 or more defendants if the court is satisfied that the action is frivolous or seeks monetary relief from a defendant who is immune from the requested relief.
- (3) The court shall not appoint counsel paid for in whole or in part at taxpayer expense to a prisoner for the purpose of filing a civil action concerning prison conditions.
- MICH. COMP. LAWS ANN. § 600.5505. Applicability of §600.2963; conditions for dismissal.
- (1) Section 2963 applies to civil actions concerning prison conditions.
- (2) The court shall dismiss a case at any time, regardless of any filing fee that may have been paid, if the court finds any of the following: (a) A prisoner’s allegation of indigency is untrue. (b) The action or appeal is frivolous. (c) The action or appeal seeks monetary relief against a defendant who is immune from the requested relief. (d) A prisoner fails to comply with subsection (1).
- MICH. COMP. LAWS ANN. § 600.5507 (additional conditions for indigency; disclosure of previous civil actions and appeals; conditions for dismissal)
- MICH. COMP. LAWS ANN. § 600.5509. Complaint; review by court; dismissal; reply; waiver; requirement; reasons for decision by court.
- (1) The court shall review as soon as practicable a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
- (2) On review, the court shall dismiss the complaint or a portion of the complaint if the court finds either of the following: (a) The complaint or a portion of the complaint is frivolous. (b) The complaint seeks monetary relief from a defendant who is immune from the requested relief.
- (3) A defendant may waive the right to reply to an action brought by a prisoner. Notwithstanding any other law or rule of procedure, a waiver under this subsection does not constitute an admission of the allegations contained in the complaint. Relief shall not be granted to the plaintiff unless a reply has been filed.
- (4) The court may require a defendant to reply to a complaint in a civil action concerning prison conditions if it finds that the plaintiff is likely to prevail on the merits.
- If, after reviewing the complaint, the court does not dismiss the complaint under this section, the court shall indicate in the record the reasons for that decision.
- MICH. COMP. LAWS ANN. § 600.5511. Action for mental or emotional injury suffered while in custody; showing of physical injury; payment of damages to prisoner; satisfaction of outstanding restitution orders; notification to crime victims.
- (1) A person shall not bring an action against this state or a subdivision of this state, or an official, employee, or agent of this state or a subdivision of this state, for mental or emotional injury suffered while in custody without a showing of physical injury arising out of the incident giving rise to the mental or emotional injury.
- (2) Subject to section 220h of 1953 PA 232, MCL 791.220h, and the crime victim’s rights act, 1985 PA 87, MCL 780.751 to 780.834, any damages awarded to a prisoner in connection with a civil action brought against a prison or against an official, employee, or agent of a prison shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner, including, but not limited to, restitution orders issued under the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406, the prisoner reimbursement to the county act, 1984 PA 118, MCL 801.81 to 801.93, 1982 PA 14, MCL 801.301, and the crime victim’s rights act, 1985 PA 87, MCL 780.751 to 780.834, any outstanding costs and fees, and any other debt or assessment owed to the jurisdiction housing the prisoner. The remainder of the award after full payment of all pending restitution orders, costs, and fees shall be forwarded to the prisoner.
- (3) Before payment of any damages awarded to a prisoner in connection with a civil action described in subsection (2), the court awarding the damages shall make reasonable efforts to notify the victims of the crime for which the prisoner was convicted and incarcerated concerning the pending payment of damages.
- MICH. COMP. LAWS ANN. § 600.5513. Revocation of prisoner’s good time or disciplinary credit; conditions. In a civil action brought by a prisoner, the court may order the revocation of a prisoner’s good time credit, disciplinary credit, or both, if, on its own motion or the motion of a party, the court finds that the prisoner filed an action prohibited under section 5503 or 5505 and 1 of the following applies: (a) The claim was filed for a malicious purpose. (b) The claim was filed solely to harass the party against whom it was filed. (c) The prisoner testified falsely or otherwise knowingly presents false evidence or information to the court.
- MICH. COMP. LAWS ANN. § 600.5515. Participation of prisoner in pretrial or hearing proceedings.
- MICH. COMP. LAWS ANN. §§ 600.5517, 600.5519, 600.5521, 600.5523, 600.5527 (information about relief available, and its limitations)
600.5519
600.5521
600.5523
600.5527
- MICH. COMP. LAWS ANN. § 600.5529. Actions dismissed as frivolous; compilation, maintenance, and use of list.
- (1) The state court administrative office shall compile and maintain a list of the civil actions concerning prison conditions brought by a prisoner that are dismissed as frivolous. The list shall include an account of the amount of unpaid fees and costs associated with each dismissed case. The list shall be made available to the courts of this state for the purpose of ascertaining the existence and number of civil actions concerning prison conditions filed by each prisoner, and any associated unpaid fees and costs, for the purposes described in this chapter.
- (2) A court in which a civil action concerning prison conditions is brought shall refer to the list described in subsection (1) to determine the number and existence of civil actions concerning prison conditions previously filed by a prisoner and any associated unpaid fees and costs.
