How do I sue police for misconduct in Michigan?

1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against state actors who deprive plaintiffs of federal constitutional rights under color of law.

2. Qualified Immunity. The Sixth Circuit applies federal QI under Saucier/Pearson. State-court state-law claims are not subject to federal QI.

3. Michigan State-Law Alternative. Michigan has not abolished QI. The Governmental Tort Liability Act (MCL § 691.1407) confers broad immunity on governmental agencies and individual employees acting within the scope of their authority and in good faith. Officers may still face liability for intentional torts (assault, battery, false arrest) committed in bad faith or with gross negligence.

4. Monell Liability. A municipality is liable under § 1983 only when an official policy, custom, or failure to train caused the constitutional violation.

5. Statute of Limitations. Section 1983 borrows Michigan's 3-year personal-injury SOL (MCL § 600.5805(2)). State-tort claims against a municipality may have shorter notice provisions under MCL § 691.1404.

6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment for post-conviction abuse; Fourteenth Amendment due-process and equal-protection violations.

7. Damages. Compensatory and punitive damages (punitives only against individual officers), plus 42 U.S.C. § 1988 attorney fees.

8. Notice of Claim. MCL § 691.1404 requires written notice within 120 days for highway-defect claims, with other notice provisions for specific tort categories; § 1983 federal claims have no notice requirement.

9. Bivens. Federal-officer Bivens claims have been narrowed by Egbert v. Boule (2022).

This is legal information, not legal advice.