Michigan
How DeShaney v. Winnebago County Department of Social Services applies in Michigan: state-specific rules, key cases, and bar exam notes for Constitutional Law.
Michigan courts generally adhere to the principle established in DeShaney, emphasizing that the state has no affirmative duty to protect citizens from private harm unless a special relationship or custody is established. This principle influences state-level protections against abuse and neglect.
Under Michigan law, the state may not be held liable for failing to protect individuals from harm unless the state has established a special relationship, such as guardianship, as clarified in Mich. Comp. Laws § 722.622.
The Michigan Court of Appeals held that the state could be liable for damages when it failed to act upon information of potential harm to a minor under its supervision.
The court found no liability when the state failed to provide adequate protective services, reflecting the limitations of state duty in civil cases.
The court concluded that without a special duty or relationship, the state was not liable for injuries inflicted by third parties.
Michigan's approach mirrors the federal standard in DeShaney, reinforcing that a special relationship is necessary to establish liability for state failure to protect from harm. However, Michigan courts have occasionally found exceptions based on state statutory responsibilities in child welfare cases.
DeShaney principles are relevant for evaluating constitutional claims in wrongful death or negligence cases on the Michigan bar exam, particularly regarding the standards of liability for state actions.