Callahan v. STATE PRISON

380 N.W.2d 48, 146 Mich. App. 235, 1985 Mich. App. LEXIS 2979

Opinions

Per Curiam.

This case returns to us by order of the Supreme Court dated May 13, 1985, vacating the judgment of this Court and remanding "for reconsideration in light of Ross v Consumers Power Co (On Rehearing) [420 Mich 567; 363 NW2d 641 (1984)]”. 422 Mich 889 (1985). We affirm the judgment of the trial court and enter judgment for defendant.

This matter was first heard by us on oral argument in May, 1984. The question involved was whether the defense of governmental immunity was available where, in the operation and maintenance of a correctional facility, an admittedly governmental function, theft or conversion is alleged. The trial court had answered that question in the affirmative and on September 17, 1982, had entered an order dismissing plaintiffs complaint. In an unpublished per curiam opinion issued October 3,1984, the majority held:

"[T]his case falls squarely within Lawrence [v Dept of Corrections, 81 Mich App 234; 265 NW2d 104 (1978)]. The commission of a wrongful act both is not and should not be a governmental function. Accordingly, we find that governmental immunity is not a defense to plaintiffs complaint ánd reverse the judgment of the trial court and remand for a hearing on the merits.”