Background
Jeffrey M. Short began working for the Michigan State Police in 2000. He alleged that he developed posttraumatic stress disorder after being shot and injured in the line of duty in 2013 and from other experiences during his employment. After being promoted to post commander in 2022, Short was questioned during an investigation into allegations that favored candidates had received promotion-interview answers in advance.
Short disclosed during a second interview that, at a commander’s request, he had delivered a sealed envelope to an officer who was later promoted. The State Police suspended him, investigated his failure to disclose that fact during his first interview, and ultimately demoted him three ranks to trooper. Short alleged that the suspension aggravated his PTSD, that he disclosed the condition to supervisors, and that the State Police improperly considered it when imposing discipline.
Short filed a notice of intent in the Court of Claims on October 23, 2024, approximately nine months after his January 24, 2024 discipline appeal hearing. He later sued under the Michigan Persons with Disabilities Civil Rights Act. The circuit court denied the State Police’s motion for summary disposition, concluding that the claim was governed by the Court of Claims Act’s general one-year notice period rather than its six-month period for claims involving personal injuries.
The Court’s Holding
The Court of Appeals held that a PWDCRA employment-discrimination claim is a claim for “personal injuries” under MCL 600.6431(4). The court reasoned that “personal injuries” is a legal term of art encompassing the invasion of a personal right, not merely physical bodily harm. Because the PWDCRA guarantees a personal civil right to obtain employment without disability discrimination, an alleged violation falls within that meaning.
The court rejected Short’s reliance on cases that referenced the general one-year provision in MCL 600.6431(1), explaining that those decisions did not decide whether discrimination claims fall under the six-month provision because the plaintiffs had filed no notice at all. It also declined to follow an unpublished decision limiting personal injury to physical harm, reasoning that the narrower statutory definition invoked there expressly applied to a different chapter of Michigan’s Revised Judicature Act.
Because Short filed his notice beyond six months, the court reversed and remanded for entry of an order granting the State Police summary disposition under MCR 2.116(C)(7). The court did not retain jurisdiction.
Key Takeaways
- A PWDCRA disability-discrimination claim against the State of Michigan or a state agency is a claim for “personal injuries” under the Court of Claims Act.
- The claimant must file a written claim or notice of intent with the Court of Claims clerk within six months after the event giving rise to the claim.
- For purposes of MCL 600.6431(4), personal injury includes invasion of a personal right and is not limited to bodily harm.
Why It Matters
The published decision imposes the Court of Claims Act’s shorter six-month notice deadline on PWDCRA employment-discrimination claims against Michigan and its agencies. Attorneys handling such claims cannot safely rely on the general one-year period merely because the alleged injury is discriminatory treatment rather than physical harm.
The decision also distinguishes earlier appellate cases that cited the one-year provision without deciding which deadline governed, clarifying that compliance with the six-month period may determine whether a discrimination claim against a state defendant can proceed at all.