Hamed v. Wayne County et al. in Michigan Supreme Court

I recently argued Hamed v Wayne County in the Michigan Supreme Court.


This was a case that I have been working on since March or April of 2007.  The Court of Appeals did not hear oral argument until June 2009!  When their opinion came out (read it here: http://coa.courts.mi.gov/documents/opinions/final/coa/20090707_c278017_108_118o-278017.pdf) against my clients, I told Lawyers Weekly that the Court of Appeals was wrong, see the article here Michigan Lawyers Weekly _ Print _ County liable for deputy’s sexual assault, that the Supreme Court would grant leave to consider this case, which they did here: http://coa.courts.mi.gov/documents/sct/public/orders/20100623_s139505_119_139505_2010-06-23_or.pdf (after I filed an application), and that the issue was whether the common-law rule that an employer is not liable for the unforeseeable, intentional criminal acts of an employee was abrogated by the enactment of the Michigan Civil Rights Act, which I have argued against.

The case really turns on whether or not a 1986 decision by the Michigan Supreme Court, Champion v Nationwide, 450 Mich 702 (1996), allowing quid-pro-quo claims of sexual harassment to go forward based on a criminal, sexual assault committed by a subordinate, supervisory-level employee upon another employee applies, in light of subsequent case law that has confirmed that under the common law, a principal cannot be liable for the unforeseeable criminal acts of an agent.  Zsigo v Hurley Medical Center, 475 Mich 215 (2006), read the slip opinion here: http://coa.courts.mi.gov/documents/opinions/final/sct/20060614_s126984_66_zsigo3nov05-op.pdf

The opinion should be forthcoming in a couple of months.

About cjtucker06

Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
This entry was posted in County Sheriffs, Law Enforcement Issues, May It Please the Court. Bookmark the permalink.

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