Opinion
SC: 161690 COA: 347061 SC: 161691 COA: 347798
04-27-2021
Kenneth MCKENZIE, Plaintiff-Appellee, v. DEPARTMENT OF CORRECTIONS, State of Michigan, and Macomb Correctional Facility Warden, Defendants-Appellants, and Randall Haas, Defendant. Fatima Olden, Plaintiff-Appellee, v. Department of Corrections, State of Michigan, and Macomb Correctional Facility Warden, Defendants-Appellants.
Order
On order of the Court, the application for leave to appeal the May 7, 2020 judgment of the Court of Appeals is considered. We DIRECT the parties to submit supplemental briefs within 28 days of the date of this order addressing whether MCL 600.6440 exempts the third count of each plaintiff's amended complaint from the exclusive jurisdiction of the Court of Claims. See MCL 600.6419(1). The exemption in MCL 600.6440 refers to claims "against the state [or] any department, commission, board, institution, arm or agency thereof[,]" but the only defendant named in the third count of either amended complaint is the defendant warden.
The application for leave to appeal remains pending.