Background
Jeffrey M. Short began working for the Michigan State Police in 2000. He alleged that he developed posttraumatic stress disorder after being shot in the line of duty in 2013 and from other experiences during his employment. In 2023, while serving as a post commander, Short was interviewed during an investigation into allegations that preferred candidates had received promotion-interview answers in advance.
After Short disclosed during a second interview that he had delivered a sealed envelope to an officer who was later promoted, the State Police suspended and investigated him. Short alleged that the suspension aggravated his PTSD, that he informed supervisors of the condition, and that the agency improperly considered it when demoting him three ranks to trooper. He filed a notice of intent approximately nine months after his January 2024 discipline appeal hearing and 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 general one-year notice period applied rather than the six-month period for personal-injury claims.
The Court’s Holding
The Court of Appeals held that a claim under the Persons with Disabilities Civil Rights Act is a claim for “personal injuries” within the meaning of the Court of Claims Act. The court reasoned that “personal injuries” is a legal term of art broad enough to include the invasion of a personal right, not merely physical bodily harm. Because the statutory right to obtain employment without disability discrimination is a personal right, Short’s claim fell within that category.
The court rejected Short’s reliance on prior decisions that referenced the general one-year notice provision when discussing civil-rights claims against state defendants. Those cases did not decide which deadline governed because the plaintiffs had filed no notice at all. It also declined to follow an unpublished decision applying the one-year period to an employment-discrimination claim. Because Short filed his notice after the applicable six-month deadline, the court reversed and remanded for entry of summary disposition for the State Police under MCR 2.116(C)(7).
Key Takeaways
- A PWDCRA employment-discrimination claim against the State of Michigan or a state agency qualifies as a claim for “personal injuries” under MCL 600.6431(4).
- The applicable Court of Claims Act notice deadline is six months after the event giving rise to the claim, not the general one-year period.
- A personal injury under the notice statute can arise from invasion of a personal or civil right even without bodily harm.
Why It Matters
The published decision imposes a six-month notice deadline on disability-based employment-discrimination claims against Michigan state entities. Attorneys handling such claims must account for the Court of Claims Act’s notice requirement even when the action itself is brought in circuit court.
The ruling also adopts a broad understanding of “personal injuries” for purposes of the notice statute, potentially affecting how other statutory civil-rights claims against state defendants are classified.