Opinion
Docket No. 145445. COA No. 303386.
2012-12-7
Erika CUMMINGS, Plaintiff–Appellee, v. Seth LEWIS, Defendant–Appellant, and Rogelio Gerardo Villarreal and City of Flint, Defendants.
Order
On order of the Court, the application for leave to appeal the July 3, 2012 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). At oral argument, the parties shall address whether: (1)the plaintiff's no contest plea to resisting arrest bars her remaining claims pursuant to Heck v. Humphrey, 512 U.S. 477, 487, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994); (2) accepting the plaintiff's version of events, defendant Seth Lewis nevertheless acted reasonably, as a matter of law, under all of the circumstances; and (3) the defendant is entitled to governmental immunity for the plaintiff's remaining claims. The parties may file supplemental briefs within 42 days of the date of this order.