Michigan
How Bush v. State of New Mexico applies in Michigan: state-specific rules, key cases, and bar exam notes for Torts.
Michigan adheres to the principle of sovereign immunity, similar to the ruling in Bush v. State of New Mexico, which limits the circumstances under which the state can be held liable for torts. However, Michigan does allow for certain exceptions, particularly when a governmental entity is engaged in a proprietary function.
In Michigan, public entities enjoy immunity from tort liability unless a specific statute provides for an exception or the entity is involved in a proprietary function.
Clarifies the circumstances under which government entities may be liable in tort.
Established guidelines for determining when governmental immunity may be set aside.
Reiterated that intentional torts are not protected by governmental immunity.
While federal law also incorporates the idea of sovereign immunity, Michigan's approach is more stringent and includes numerous specific exceptions defined by state statutes. The defenses acknowledged in Bush are more broadly applied under federal law due to the varying doctrines of federal immunity.
Candidates should be familiar with Michigan's Governmental Immunity Act and its application to tort claims against the state, as this is frequently tested in bar examinations.