e-Journal Summary

e-Journal Number : 80655
Opinion Date : 12/01/2023
e-Journal Date : 12/06/2023
Court : Michigan Supreme Court
Case Name : Hjerstedt v. City of Sault Ste. Marie
Practice Area(s) : Freedom of Information Act Municipal
Judge(s) : Clement, Zahra, Viviano, Bernstein, Cavanagh, Welch, and Bolden
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Issues:

Freedom of Information Act request seeking a city police force’s use-of-force policy; Exemptions from disclosure; MCL 15.243(1)(s)(vi)

Summary

In an order in lieu of granting leave to appeal, the court reversed Footnote 7 of the Court of Appeals judgment (see e-Journal # 78991 in the 2/23/23 edition for the published opinion), concluding it was not necessary for defendant-city to file a cross-appeal “to propose an alternative ground for affirmance.” The court remanded the “case to the Court of Appeals for further consideration.” It directed that on “remand, while retaining jurisdiction, the Court of Appeals shall remand this case to the” circuit court to consider the issue raised by defendant but not addressed by the circuit “court during its initial review of this case, regarding the staff manual exemption of MCL 15.243(1)(s)(vi). The circuit court shall then forward its decision to the Court of Appeals for its consideration of the issue.” The court denied leave to appeal in all other respects because it was not persuaded that it should review the remaining question presented.

Full PDF Opinion