Status of Lawsuits
Against the State of Michigan
FY 1997-98 Update
by
Bill Bowerman,
Chief Analyst and Legal Counsel
Senate Fiscal Agency
February 1999
ACKNOWLEDGMENTS:
This report was prepared by Bill Bowerman, Chief Analyst of the Senate Fiscal Agency General Government Unit. Pat Stinton-Harper typed the report. The Senate Fiscal Agency would like to thank all State departments and agencies for their cooperation.

Any questions regarding this report, or requests for additional copies, should be directed to:

Bill Bowerman
Senate Fiscal Agency
P.O. Box 30036
Lansing, MI 48909-7536

Phone: (517) 373-2768
TDD: (517) 373-0543

TABLE OF CONTENTS:
OVERVIEW

TABLE 1 TOTAL PAYMENTS BY DEPARTMENT FY 1988-89 THROUGH FY 1997-98

TABLE 2 JUDGMENTS PAID BY DEPARTMENT FY 1988-89 THROUGH FY 1997-98

TABLE 3 SETTLEMENTS PAID BY DEPARTMENT FY 1988-89 THROUGH FY 1997-98

TABLE 4 FY 1997-98 NUMBER OF CASES AND PAYMENTS BY DEPARTMENT

FIGURE 1 HIGHWAY NEGLIGENCE PAYMENTS FY 1983-84 THROUGH FY 1997-98

LISTING OF CASES RESULTING IN PAYMENTS DURING FY 1997-98:

AGRICULTURE
COMMUNITY HEALTH
CONSUMER & INDUSTRY SERVICES
CORRECTIONS
EDUCATION
ENVIRONMENTAL QUALITY
FAMILY INDEPENDENCE AGENCY
LOTTERY
MANAGEMENT AND BUDGET
MICHIGAN JOBS COMMISSION
MILITARY AND VETERANS AFFAIRS
NATURAL RESOURCES
STATE
STATE POLICE
TRANSPORTATION - HIGHWAY NEGLIGENCE LITIGATION
TRANSPORTATION - OTHER CASES
TREASURY

OVERVIEW
The information in this document is based on reports filed by State departments and agencies pursuant to Section 396(4) of The Management and Budget Act (Public Act 431 of 1984). Based on the amounts reported, the State of Michigan paid $236,093,563 for judgments and settlements in fiscal year (FY) 1997-98. Of the 143 cases that resulted in payments, 25 were judgments totaling $220,396,284, and 118 were settlements totaling $15,697,279. Of the amount paid, $211,101,340.96 (89.4%) was the result of Durant v State of Michigan.

The funding sources for payments in FY 1997-98 were as follows:
 

  Amount  Percent
Budget Stabilization Fund $211,101,341 89.42
State General Fund 10,773,763 4.56
State Trunkline Fund 8,383,808 3.55
Other State Restricted Funds 3,088,471 1.31
State School Aid Fund 2,721,847 1.15
Federal Funds 24,333 0.01
Total: $236,093,563 100.00

Tables on pages 3, 4, and 5 provide a 10-year history (FY 1988-89 through FY 1997-98) of payments made by the State of Michigan. Table 1 provides information on total payments (judgments and settlements), Table 2 lists payments resulting from judgments only, and Table 3 lists settlements. This report does not include payments resulting from workers' compensation and unemployment claims. A summary of departments and agencies that made payments totaling over $800,000 begins on page 6. The FY 1997-98 reports submitted by State departments and agencies follows beginning on page 9. For each payment the name of the case is listed along with information regarding the funding source, the county where the cause of action arose, and a brief description of the plaintiff's allegation (summary of case).


 
Table 1
TOTAL COURT JUDGMENTS AND SETTLEMENTS PAID BY THE STATE
(Actual Dollars)
DEPARTMENT 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98
Agriculture $0 $800 $0 $0 $30,895 $75,800 $34,000 $100,500 $224,710 $10,000
Attorney General 0 0 0 0 0 0 0 0 0 0
Civil Rights 0 0 0 0 0 0 757 0 0 0
Civil Service 221,978 0 0 130,775 0 0 0 0 30,000 0
Commerce 4,473 14,000 0 14,000 0 7,000 231,467    
Community Health 727,838 908,000 2,131,565
Consumer & Industry Services 0 21,595 153,928
Corrections 1,444,860 1,149,955 3,184,181 1,145,294 1,859,508 3,554,111 4,969,224 2,581,259 4,639,321 3,227,817
Education 3,196,188 3,834,816 4,092,833 4,711,540 4,718,571 5,629,103 5,333,941 5,331,636 1,878,837 213,832,688
Environmental Quality 358,459 98,870 2,566
Executive 0 0 0 0 0 0 0 0 0 0
Family Independence Agency 511,587 1,399,850 2,115,076
Judiciary 0 0 424,000 0 0 248,332 268,250 45,000 724,000 0
Labor 212,625 80,000 1,204,071 12,347 16,300 306,700 0
Library of Michigan 0 0 0 0 0 1,109,312 0 0 0 0
Licensing & Regulation 0 0 0
Lottery 4,012 0 0 0 0 55,721 4,000 0 13,420 13,581
Management & Budget 4,591,412 46,446 494,777 38,500 21,000 113,863 85,000 126,170 106,000 5,500
Mental Health 332,078 3,621,074 380,095 389,468 2,140,651 379,850 515,500
Michigan Jobs Commission 1,951,024 3,500 156,239 23,681
Military Affairs 250,000 0 0 0 0 0 0 25,000 225,000 2,405,000
Natural Resources 256,268 322,623 304,035 108,642 310,338 6,951,821 2,005,360 93,859,495 3,442,198 2,906,895
Public Health 25,000 0 0 81,586 687,240 38,365 318,959
Social Services 158,291 345,726 3,670,848 4,010,689 1,095,341 274,776 2,727,681
State 16,182 0 81,818 0 0 77,500 3,400 67,500 7,500 1,817
State Police 56,090 389,750 101,169 91,310 5,698,133 137,850 1,268,771 1,220,853 873,069 868,141
Transportation 16,626,950 20,709,143 22,784,855 12,861,671 20,922,840 12,871,557 9,882,412 9,567,095 11,080,416 8,383,808
Treasury 2,609 630,000 0 122,000 0 968,328 7,500 0 65,669 11,500
TOTAL: $27,399,016 $31,144,333 $36,722,682 $23,717,822 $37,500,817 $32,799,989 $29,607,246 $114,525,892 $25,894,694 $236,093,563
Table 2
COURT JUDGMENTS PAID BY THE STATE
(Actual Dollars)
DEPARTMENT 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98
Agriculture $0 $800 $0 $0 $30,895 $0 $0 $0 $0 $0
Attorney General 0 0 0 0 0 0 0 0 0 0
Civil Rights 0 0 0 0 0 0 757 0 0 0
Civil Service 221,978 0 0 50,000 0 0 0 0 0 0
Commerce 4,473 14,000 0 0 0 0 0
Community Health 50,000 136,000 0
Consumer & Industry Services 0 15,000 100,000
Corrections 1,040,684 502,516 2,325,847 815,634 1,224,624 2,589,407 3,784,529 1,472,162 2,905,509 1,165,825
Education 3,123,831 3,818,166 4,071,961 4,650,249 4,718,571 5,629,103 5,333,941 5,331,636 1,297,349 213,823,188
Environmental Quality 239,459 0 2,566
Executive 0 0 0 0 0 0 0 0 0 0
Family Independence Agency 0 1,066 3,310
Judiciary 0 0 0 0 0 0 0 0 0 0
Labor 0 0 1,737 0 0 251,700 0
Library of Michigan 0 0 0 0 0 1,109,312 0 0 0 0
Licensing & Regulation 0 0 0
Lottery 4,012 0 0 0 0 0 0 0 0 0
Management & Budget 4,563,672 0 1,500 0 0 113,863 45,000 120,000 0 0
Mental Health 16,055 1,663,846 244,570 22,500 87,500 0 0
Michigan Jobs Commission 0 3,500 0 0
Military Affairs 0 0 0 0 0 0 0 0 5,000 2,400,000
Natural Resources 145,628 10,178 276,335 82,526 0 192,870 242,834 201,811 901,193 2,901,395
Public Health 0 0 0 80,336 0 38,365 60,289
Social Services 4,845 0 2,767,641 2,900,000 29,223 1,520 2,137
State 16,182 0 63,818 0 0 2,500 0 0 0 0
State Police 15,090 0 3,728 71,810 5,125,633 9,650 762,500 0 3,569 0
Transportation 2,996,707 11,160,062 12,036,801 6,018,686 11,290,468 5,107,256 1,871,956 661,000 1,331,974 0
Treasury 2,609 630,000 0 122,000 0 8,328 0 0 15,669 0
TOTAL: $12,155,766 $17,799,568 $21,793,938 $14,813,741 $22,506,914 $15,053,874 $12,103,943 $8,079,568 $6,612,329 $220,396,284
Table 3
SETTLEMENTS PAID BY THE STATE
(Actual Dollars)
DEPARTMENT 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98
Agriculture $0 $0 $0 $0 $0 $75,800 $34,000 $100,500 $224,710 $10,000
Attorney General 0 0 0 0 0 0 0 0 0 0
Civil Rights 0 0 0 0 0 0 0 0 0
Civil Service 0 0 0 80,775 0 0 0 0 30,000 0
Commerce 0 0 0 14,000 0 7,000 231,467
Community Health 677,838 772,000 2,131,565
Consumer & Industry 0 6,595 53,928
Corrections 404,176 647,439 858,334 329,660 634,884 964,704 1,184,695 1,109,097 1,733,812 2,061,992
Education 72,357 16,650 20,872 61,291 0 0 0 0 581,488 9,500
Environmental Quality 119,000 98,870 0
Executive 0 0 0 0 0 0 0 0 0 0
Family Independence 511,587 1,398,784 2,111,766
Judiciary 0 0 424,000 0 248,332 268,250 45,000 724,000 0
Labor 212,625 80,000 1,202,334 12,347 16,300 55,000 0
Library of Michigan 0 0 0 0 0 0 0 0 0 0
Licensing & Regulation 0 0 0
Lottery 0 0 0 0 0 55,721 4,000 0 13,420 13,581
Management & Budget 27,740 46,446 493,277 38,500 21,000 0 40,000 6,170 106,000 5,500
Mental Health 316,023 1,957,228 135,525 366,968 2,053,151 379,850 515,500
Michigan Jobs Commission 1,951,024 0 156,239 23,681
Military Affairs 250,000 0 0 0 0 0 0 25,000 220,000 5,000
Natural Resources 110,640 312,445 27,700 26,116 310,338 6,758,951 1,762,526 93,657,684 2,541,005 5,500
Public Health 25,000 0 0 1,250 687,240 0 258,670
Social Services 153,446 345,726 903,207 1,110,689 1,066,118 273,256 2,725,544
State 0 0 18,000 0 0 75,000 3,400 67,500 7,500 1,817
State Police 41,000 389,750 97,441 19,500 572,500 128,200 506,271 1,220,853 869,500 868,141
Transportation 13,630,243 9,549,081 10,748,054 6,842,985 9,632,372 7,764,301 8,010,456 8,906,095 9,748,442 8,383,808
Treasury 0 0 0 0 0 960,000 7,500 0 50,000 11,500
TOTAL: $15,243,250 $13,344,765 $14,928,744 $8,904,081 $14,993,903 $17,746,115 $17,503,303 $106,446,324 $19,282,365 $15,697,279


PAYMENTS BY DEPARTMENTS:
Eight State departments and agencies made payments totaling over $800,000. Table 4 summarizes the number of cases and payments by department.
 
Table 4
FY 1997-98 PAYMENTS BY DEPARTMENT
DEPARTMENT NUMBER

OF CASES

 PERCENT

OF TOTAL

 STATE 

PAYMENTS

 PERCENT OF TOTAL
COMMUNITY HEALTH 8 5.6 $2,131,565 0.9 
CORRECTIONS 42 29.4 3,227,817 1.4 
EDUCATION 3 2.1 213,832,688 90.6 
FAMILY INDEPENDENCE AGENCY 9 6.3 2,115,076 0.9 
MILITARY AFFAIRS 2 1.4 2,405,000 1.0 
NATURAL RESOURCES 6 4.2 2,906,895 1.2 
STATE POLICE 15 10.5 868,141 0.4 
TRANSPORTATION 48 33.6 8,383,808 3.6 
OTHER DEPARTMENTS 10 7.0 222,573 0.1 
TOTAL: 143 100.0 $236,093,563 100.0

DEPARTMENT OF COMMUNITY HEALTH:
Payments by the Department of Community Health in FY 1997-98 ranged from $1,000 in Hitsman/DCH v Gaffney for court costs associated with a no cause verdict in a medical malpractice case to $901,314.66 in Knox v SOM for violation of Civil Service severance pay policies. Fiscal Year 1997-98 payments of $2,131,565 in eight cases represent an increase of 134.8% over the $908,000 paid in FY 1996-97 for 12 cases.
 

DEPARTMENT OF CORRECTIONS:
The Department of Corrections made payments in 42 cases totaling $3,227,817. This represents a decrease of 30.4% from the $4,639,321 paid in FY 1996-97 for 45 cases. Payments ranged from $100 in Carter v MDOC for a case involving a petition for review to $425,000 for an employee discrimination claim in LeGrow v MDOC. The median payment was $28,863. Ten cases with payments over $100,000 totaling $2,440,750 accounted for 75.6% of payments made by the Department of Corrections. There were 16 cases alleging employee or employment discrimination that accounted for payments totaling $1,790,489.
 

DEPARTMENT OF EDUCATION:
Payments by the Department of Education in three cases totaled $213,832,688 in FY 1997-98. Of that amount, $211,101,341 (98.7%) was the result of Durant v State of Michigan. The plaintiffs in that case claimed that the State violated Article 9, Section 29 (Headlee Amendment) of the Michigan Constitution when the State failed to maintain the State-financed proportion of the necessary costs of activities that State law requires plaintiff school districts to perform. Those activities included special education, special education transportation, driver education, and school lunch and supplemental milk programs. The July 31,1997 Michigan Supreme Court Opinion in Durant was the consolidation of three cases. The original action was filed on May 7, 1980, on behalf of certain taxpayers in the Fitzgerald School District. Local and intermediate school districts that were not plaintiffs in the consolidated cases were required to submit a waiver of liability by March 2, 1998, to receive funding from the State. The resolution of the Durant case also includes additional payments from the Budget Stabilization Fund of $73,700,000 on October 1, 1998, and $32,000,000 on October 1, 1999.

The Department of Education also paid $2,721,847 as a result of continuing payments in the Berry v Benton Harbor Area School District desegregation case. State payments in that case have totaled $56,605,918 from FY 1980-81 through FY 1997-98.
 

FAMILY INDEPENDENCE AGENCY:
Fiscal Year 1997-98 payments by the Family Independence Agency in nine cases totaled $2,115,076, which represents an increase of 51.1% over the $1,339,850 paid in FY 1996-97. One case involving the murder of an FIA social worker by a Maxey resident, Synnestvedt v MDSS, accounted for $2,000,000 (94.6%) of FIA payments in FY 1997-98.
 

DEPARTMENT OF MILITARY AFFAIRS:
Of the $2,405,000 paid by the Department of Military Affairs in FY 1997-98, $2,400,000 was the result of Weiman v State of Michigan. That case was a class action lawsuit for nonpayment of the $2 enlisted per diem provided for in Michigan Compiled Laws 32.261. Enlisted personnel who served in the Michigan Army National Guard or the Michigan Air National Guard between February 12, 1988, and September 30, 1997, qualified for payment under the judgment.
 

DEPARTMENT OF NATURAL RESOURCES:
Payments by the Department of Natural Resources in six cases totaled $2,906,895, representing a decrease of 15.6% from the $3,442,198 paid in FY 1996-97 for 18 cases. Payments ranged from $1,500 each for two cases involving fire damage to $2,575,205.55 in Carnagel Oil Associates v State of Michigan for acquisition of mineral rights/alleged regulatory taking of property rights. The Carnagel case accounted for 88.6% of Department of Natural Resources payments in FY 1997-98. This case also had payments of $30,000,000 in FY 1995-96 and $2,320,005 in FY 1996-97. The related case of Miller Brothers v DNR included a payment of $60,525,000 in FY 1995-96.
 

DEPARTMENT OF STATE POLICE:
Payments by the Department of State Police in 15 cases totaled $868,141. Payments ranged from $216 in Dickow v MSP for a freedom of information claim to $385,000 in Estate of Pritchett v Johnson for alleged use of excessive force resulting in death. Three cases with payments over $100,000 accounted for $735,000 (84.7%) of total payments by the Department. There were of 11 cases with payments of less than $15,000.
 

DEPARTMENT OF TRANSPORTATION:
Department of Transportation payments in 48 cases totaled $8,383,808, representing a decrease of 24.3% from the $11,080,416 paid in FY 1996-97 for 55 cases. Payments ranged from $2,000 for a Freedom of Information Act request in MI Fair Contracting Center to $2,003,255 in American Contracting v MDOT for a claim seeking payment for extra work, unpaid balance, breach of contract, and destruction of business. Thirty-nine highway negligence cases accounted for $6,084,715 (72.6%) of Department of Transportation payments. Nine highway negligence cases with payments of $200,000 or more accounted for $4,558,315 (74.9%) of highway negligence payments in FY 1997-98. The median highway negligence payment was $75,000. The largest highway negligence payment was $1,725,000 in Marshall v MDOT for alleged failure to maintain proper width, smooth surface, adequate shoulder, warning signs, reasonable speed limits, proper guardrails, and proper ramp design.

From FY 1983-84 through FY 1997-98 the State has paid $208 million resulting from 1,020 highway negligence cases. Figure 1 below shows highway negligence payments attributed to each fiscal year. The amount paid in FY 1997-98 is the lowest payout for highway negligence claims over the last 15 years.



 
 
FISCAL YEAR 1997-98

DEPARTMENT: Agriculture
FORM 2: SETTLEMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT PAID INTEREST FUNDING 

SOURCE
LOCATION		 SUMMARY OF CASE
Artis Ivey, p/k/a "COOLIO", Plaintiff v State of Michigan $10,000.00 $0 General Fund Wayne The performer Artis Ivey breached his contract with the Michigan State Fair by using profane language. MSF paid this settlement as a reduced amount.
FY 1997-98 TOTAL: $10,000.00 $0

 
FISCAL YEAR 1997-98
DEPARTMENT: Community Health
FORM 2: SETTLEMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT PAID INTEREST FUNDING 

SOURCE
LOCATION		 SUMMARY OF CASE
Mary Knox, et al v SOM, et al(1) $901,314.66 $0 General Fund Wayne Violation of Civil Service severance pay policies.
McGee v Brown, et al $600,000.00 $0 General Fund Wayne Patient-on-patient assault resulting in injuries to patient.
Karla Hoagland v Center for Forensic Psychiatry $65,000.00 $0 General Fund Washtenaw Violation of Michigan Handicappers' Civil Rights Act.
Carolyn K. Toner v Caro Center $37,500.00 $0 General Fund Genesee Violation of Michigan Handicappers' Civil Rights Act.
Ridenour, et al v DMB, DCH, et al $33,000.00 $0 General Fund Wayne Breach of contract, leases for group homes.
Clayton Thompkins v SOM, et al $125,000.00 $0 General Fund Wayne Alleged violations of Michigan Handicappers' Civil Rights Act for failure to accommodate and retaliation.
Lewis, Dorothy, as Personal Rep. of the Estate of Eugene Lewis v K.N. Mehra, et al $368,750.00 $0 General Fund Jackson Patient/prisoner suicide.
Sandra Hitsman/DCH v Willis Gaffney, M.D. $1,000.00 $0 General Fund Montcalm Court costs associated with a no cause verdict in medical malpractice case.
FY 1997-98 TOTAL: $2,131,564.66 $0
FISCAL YEAR 1997-98

DEPARTMENT: Consumer and Industry Services
FORM 1: JUDGMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT PAID INTEREST FUNDING SOURCE LOCATION SUMMARY OF CASE
Evans, M.D., et al v Kelley, et al $100,000.00 $0 Health Professions Regulatory Fund Statewide Challenge to Michgan's "partial-birth abortion" ban.
Note: Agreement calls for additional $50,000 to be paid in FY 1998-99.
FY 1997-98 TOTAL: $100,000.00 $0

 
FISCAL YEAR 1997-98

DEPARTMENT: Consumer and Industry Services
FORM 2: SETTLEMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT PAID INTEREST FUNDING

SOURCE
LOCATION		 SUMMARY OF CASE
Dowagiac Development, Inc. and J.A. Development, Inc. v MLCC, et al $53,928.00 $0 Liquor Purchase Revolving Fund Ingham Alleged breach of contract.
FY 1997-98 TOTAL: $53,928.00 $0

 
FISCAL YEAR 1997-98

DEPARTMENT: Corrections
FORM 1: JUDGMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT PAID INTEREST FUNDING SOURCE LOCATION SUMMARY OF CASE
Barbara Tripp v Michigan Department of Corrections (MDOC) and Patrick Boggs, and Patrick Boggs v MDOC $5,555.35 $55.35 General Fund Arenac Attorney fees.
J. Silva Goncalves v MDOC $1,000.00 $0 General Fund Washtenaw Attorney fees.
Carter, Jimmie v MDOC $100.00 $0 General Fund Ingham Petition judicial review.
Oakland County Prosecutor v MDOC $2,337.60 $0 General Fund Oakland Attorney fees.
Goncalves v MDOC $3,372.00 $0 General Fund Washtenaw Employment discrimination.
Hickerson v Koepps, et al $20,000.00 $0 General Fund Chippewa Failure to protect prisoner.
Kensu v David Cason, et al $14,152.90 $0 General Fund Ionia Discrimination/attorney fees.
Hickerson v Koepps, et al $34,269.13 $0 General Fund Chippewa Attorney fees.
Marsh v Hawley $24,803.71 $0 General Fund Marquette Attorney fees.
Miller v McGinnis $7,702.00 $0 General Fund Lenawee Attorney fees.
James Nelson v MDOC, et al $200.00 $0 General Fund Marquette Attorney fees.
Petrowski v G. Phipps, et al $130,000.00 $0 General Fund Saginaw Failure to protect prisoner.
Mensah v MDOC $332.57 $0 General Fund Washtenaw Personal injury prisoner.
Glover v Johnson $385,000.00 $0 General Fund Washtenaw Contempt.
James LeGrow v MDOC $425,000.00 $0 General Fund Lapeer Employee discrimination.
Nagi Zarka v MDOC, et al $112,000.00 $0 General Fund Macomb Employee discrimination.
FY 1997-98 TOTAL: $1,165,825.26 $55.35
FISCAL YEAR 1997-98

DEPARTMENT: Corrections
FORM 2: SETTLEMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT PAID INTEREST FUNDING 

SOURCE
LOCATION		 SUMMARY OF CASE
Bassette v Michigan Department of Corrections (MDOC) $50,000.00 $0 General Fund Wayne Employee discrimination.
Roland v Johnson, et al $40,000.00 $0 General Fund Jackson Attorney fees.
Pamela Davis, et al v MDOC, et al $145,000.00 $0 General Fund Wayne Employment discrimination.
Chambers v State of Michigan, et al $125,000.00 $0 General Fund Wayne Employee discrimination.
Ronald Davis v MDOC $80,000.00 $0 General Fund Washtenaw Civil rights.
Hicks v Larzelere $25,000.00 $0 General Fund Ionia Use of force.
Collette Jones v MDOC $90,000.00 $0 General Fund Wayne Sexual harassment.
Lewis v Mehra and Lewis v MDOC $368,750.00 $0 General Fund Jackson Failure to protect prisoner.
Lige, et al v MDOC $150,000.00 $0 General Fund Ingham Employee discrimination.
Lindsay v MDOC, et al $300,000.00 $0 General Fund Ingham Employee discrimination.
Logan v MDOC $400.00 $0 General Fund Jackson Harassment.
Amy Lucas v MDOC, et al $45,000.00 $0 General Fund Wayne Employment discrimination.
Mansfield v Schooley $1,500.00 $0 General Fund Hillsdale Personal injury prisoner.
Linda Niece, et al v Pat Fitzner, et al $65,000.00 $0 General Fund Montcalm Attorney fees.
Alan McKee v MDOC, et al $10,116.85 $116.85 General Fund Jackson Employment discrimination.
Miske v MDOC $45,000.00 $0 General Fund Isabella Employee discrimination.
Thaddeus X. v Sgt. Hose, et al $500.00 $0 General Fund Jackson Harassment.
Shelly Pretzer v MDOC $5,000.00 $0 General Fund Ionia Employee discrimination.
Virginia Pringle v MDOC $10,000.00 $0 General Fund Wayne Employee discrimination/ sexual harassment.
Ragia v MDOC, et al $300,000.00 $0 General Fund Macomb Employee discrimination.
Joseph Ruberto v MDOC $15,000.00 $0 General Fund Jackson Employment discrimination.
Michelle Thompson v MDOC & Robert Lovett $27,500.00 $0 General Fund Gratiot  Sexual harassment.
Colvin v Colvin $8,000.00 $0 General Fund Wayne Improper payment of workers' compensation.
Wayne County v State of Michigan and MDOC $30,225.00 $0 General Fund Wayne  Miscellaneous county jail reimbursement.
Versey Williiams & Joseph Johnson v MDOC, et al $50,000.00 $0 General Fund Ionia Employee discrimination.
Clinton Winger v MDOC $75,000.00 $0 General Fund Branch Civil rights.
FY 1997-98 TOTAL: $2,061,991.85 $116.85
FISCAL YEAR 1997-98

DEPARTMENT: Education
FORM 1: JUDGMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT 

PAID
INTEREST		 FUNDING SOURCE LOCATION SUMMARY OF CASE
Berry v Benton Harbor $2,721,847.10 $0 State School 

Aid Fund

 Berrien School desegregation.
Durant, et al v State of Michigan, et al $211,101,340.96 $0 Countercyclical Budget and Economic Stabilization Fund (BSF)(2) Multiple Plaintiffs claimed that the State violated Art. 9, Sec. 29 of the Constitution(Headlee Amendment) when it failed to fund special education; special education transportation; bilingual education; driver education; and the school lunch programs at levels required by the amendment.
FY 1997-98 TOTAL: $213,823,188.06 $0
FISCAL YEAR 1997-98

DEPARTMENT: Education
FORM 2: SETTLEMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT PAID INTEREST FUNDING 

SOURCE
LOCATION		 SUMMARY OF CASE
Macomb County Taxpayers Association of L'Anse Creuse Public Schools $9,500.00 $0 General Fund Macomb Plaintiffs challenged the constitutionality of Public Act 108 of 1991. The Macomb County Circuit Court declared that the statute violates the Headlee Amendment and ordered the State agency parties to pay attorney fees. The State claimed attorney fees were not recoverable under the Headlee Amendment. The Supreme Court disagreed with the State's position and ordered payment of attorney fees pursuant to Const 1963, Art 9, §32.
FY 1997-98 TOTAL: $9,500.00 $0

 
FISCAL YEAR 1997-98

DEPARTMENT: Environmental Quality
FORM 1: JUDGMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT 

PAID
INTEREST		 FUNDING SOURCE LOCATION SUMMARY OF CASE
Kelley v Harvey Oil Company $2,566.50 $0 Underground Storage Tank Fees Marquette Court's order regarding motion to compel discovery - actual costs and attorney fees.
FY 1997-98 TOTAL: $2,566.50 $0

 
 
FISCAL YEAR 1997-98

DEPARTMENT: Family Independence Agency
FORM 1: JUDGMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT PAID INTEREST FUNDING SOURCE LOCATION SUMMARY OF CASE
Paul Garchow v FIA $3,310.00 $0 General Fund Bay Appeal of FIA's recoupment of $3,310.00 from retroactive SSI check.
FY 1997-98 TOTAL: $3,310.00 $0

 
FISCAL YEAR 1997-98

DEPARTMENT: Family Independence Agency
FORM 2: SETTLEMENTS PAID BY THE STATE

NAME OF CASE		 AMOUNT 

PAID
INTEREST		 FUNDING 

SOURCE
LOCATION		 SUMMARY OF CASE