Court of Claims Act (COCA) notice requirement; MCL 600.6431; Christie v Wayne State Univ; Retroactivity; Flamont v Department of Corrs; Governmental immunity waiver; Mead v State; Persons with Disabilities Civil Rights Act (PWDCRA)

The court held that plaintiff’s PWDCRA claims against defendant-DOC were barred because he failed to comply with the COCA notice requirement, and Christie applied retroactively. Plaintiff worked for defendant for many years. He later experienced multiple medical issues and work restrictions, and eventually was placed on a Waived Rights Leave of Absence before being told in 2/20 that he was no longer a state employee. He filed an EEOC charge in 10/20, received a right-to-sue notice in 2/22, and then filed this circuit-court action in 8/22 alleging disability discrimination and retaliation under the PWDCRA. The trial court granted summary disposition to defendant on immunity grounds. On appeal, the court held that strict compliance with MCL 600.6431 was required for claims against the state or its agencies, even when filed in circuit court. Christie made clear that the statute applies to all such claims and that compliance is a prerequisite to liability. The court next held that plaintiff’s argument for prospective-only application failed because Flamont had already determined that Christie did not announce a new rule, but instead “corrected a relatively short-lived misinterpretation of the law,” so full retroactive application applied. The court also held that defendant did not waive governmental immunity by its pleadings or litigation conduct because immunity is “not an affirmative defense but is instead a characteristic of government,” and only the Legislature may waive it. Affirmed.