Background
Jeffrey M. Short began working for the Michigan State Police in 2000 and later developed posttraumatic stress disorder after being shot and injured in the line of duty and experiencing other events during his employment. In 2022, he was promoted to first lieutenant and became post commander in West Branch.
During an investigation into a 2023 promotion scandal, Short disclosed in a second interview that he had delivered a sealed envelope to an officer who later received a promotion. The State Police suspended him and ultimately demoted him three ranks to trooper. Short alleged that the suspension aggravated his PTSD and that the agency improperly considered his disability when imposing the demotion. He filed a notice of intent against the State Police on October 23, 2024, approximately nine months after his January 24, 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.
The Court’s Holding
The Michigan Court of Appeals held that a PWDCRA employment-discrimination claim is a claim for “personal injuries” under MCL 600.6431(4). Because the PWDCRA protects an employee’s personal right to obtain employment without disability discrimination, an alleged violation constitutes an invasion of a personal right even when the claim does not arise from bodily harm.
The court rejected Short’s reliance on decisions that had cited the general one-year notice provision in MCL 600.6431(1), explaining that those cases did not decide whether the one-year or six-month period governed because the plaintiffs had filed no notice at all. It also declined to follow an unpublished Court of Appeals decision applying the one-year period to employment-discrimination claims. Because Short filed his notice outside the applicable six-month period, the court reversed and remanded for entry of summary disposition for the State Police under MCR 2.116(C)(7).
Key Takeaways
- A PWDCRA claim against Michigan or one of its agencies is a claim for “personal injuries” under the Court of Claims Act.
- The six-month notice deadline in MCL 600.6431(4), rather than the general one-year deadline, governs disability-based employment-discrimination claims against the state.
- “Personal injuries” encompasses an invasion of personal rights and is not limited to physical or bodily harm.
Why It Matters
The decision imposes a shorter notice period on employees pursuing PWDCRA claims against Michigan and its agencies. A claimant who does not 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 risks dismissal, even if the lawsuit itself is filed within the PWDCRA’s limitations period.
The published opinion also creates a significant distinction between the Court of Claims Act’s broad concept of a claim for personal injuries and statutory definitions focused on bodily harm or personal-injury damages.