RAPHAEL X V DEPT OF CORRECTIONS
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STATE OF MICHIGAN
COURT OF APPEALS
RAPHAEL X,
UNPUBLISHED
January 2, 2001
Plaintiff-Appellant,
v
DEPARTMENT OF CORRECTIONS, MICHAEL
BUGGY, MILLICENT HOLMES, THOMAS M.
BIRKETT, Z. TYSZKIEWICZ, and
BILL HUDSON
No. 218794
Ingham Circuit Court
LC No. 98-087758-CZ
Defendants-Appellees.
Before: O’Connell, P.J., and Zahra and B.B. MacKenzie*, JJ.
PER CURIAM.
Plaintiff, a state prisoner, alleged in a 42 USC 1983 action that several Department of
Corrections employees violated his procedural due process rights by entering false information in
his file and improperly using that information to determine his security classification, to deny
him disciplinary credits, and to deny him a job assignment. The circuit court granted defendants’
motion for summary disposition pursuant to MCR 2.116(C)(4), (7), (8), and (10). Plaintiff
appeals as of right. We affirm.
I
First, plaintiff contends that the circuit court erred by granting summary disposition
before discovery was complete. Plaintiff’s claims on appeal can be consolidated into four
arguments. Generally, summary disposition is premature when granted before discovery on a
disputed issue is complete. Mackey v Dep’t of Corrections, 205 Mich App 330, 333; 517 NW2d
303 (1994). Summary disposition is appropriate, however, when there is no fair chance that
further discovery will result in factual support for the party opposing the motion. Mackey, supra
at 333; Bazzetta v Dep’t of Corrections, 231 Mich App 83, 89; 585 NW2d 758 (1998). In this
case, the parties agreed about the essential facts, and the contested issues were legal questions.
As such, we conclude that summary disposition was not prematurely granted.
II
* Former Court of Appeals judge, sitting on the Court of Appeals by assignment.
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Next, plaintiff maintains that the circuit court erroneously concluded that (1) it lacked
subject-matter jurisdiction over plaintiff ’s official-capacity claims, and (2) plaintiff failed to
allege facts to defeat governmental immunity. We disagree.
We review de novo the question of whether the circuit court was properly vested with
subject-matter jurisdiction. Dep’t of Natural Resources v Holloway Construction Co, 191 Mich
App 704, 705; 478 NW2d 677 (1991); MCR 2.116(C)(4). This Court must determine whether
the pleadings demonstrate that the defendant was entitled to a judgment as a matter of law, or
whether the affidavits and other proofs show that there was no genuine issue of material fact.
Steele v Dep’t of Corrections, 215 Mich App 710, 712; 546 NW2d 725 (1996); MCR
2.116(C)(4). This Court also reviews de novo the applicability of qualified governmental
immunity. Thomas v McGinnis, 239 Mich App 636, 644; 609 NW2d 222 (2000); MCR
2.116(C)(7). Steele, supra at 712-713. To survive a motion for summary disposition based on
governmental immunity, the plaintiff must allege facts justifying the application of an exception
to governmental immunity. Gibson v Grand Rapids, 162 Mich App 100, 103; 412 NW2d 658
(1987). The circuit court must consider the pleadings, admissions, and other documentary
evidence submitted by the parties in determining whether to grant summary disposition under
this rule. Id.
We conclude the trial court lacked subject matter jurisdiction over claims against
defendants in their official capacities as state officers.
MCL 600.6419(1)(a); MSA
27A.6419(1)(a) provides that the Court of Claims has exclusive jurisdiction over all claims and
demands, liquidated and unliquidated, ex contractu and ex delicto, against the state and any of its
departments, commissions, boards, institutions, arms, or agencies. Although the Court of Claims
generally is not vested with jurisdiction over suits against individuals, it does have jurisdiction
over suits against state officers acting in their official capacities. Lowery v Dep’t of Corrections,
146 Mich App 342, 348-349; 380 NW2d 99 (1985). When a complaint seeks both monetary
damages and equitable or declaratory relief against state officials acting in their official
capacities, the Court of Claims has exclusive jurisdiction because it is the only trial court capable
of resolving the entire case. Silverman v University of Michigan, Bd of Regents, 445 Mich 209,
212; 516 NW2d 54 (1994). In this case, plaintiff sought both monetary and equitable relief from
defendants acting in their official capacities. Therefore, the Court of Claims had exclusive
jurisdiction over these official-capacity claims.
We also conclude that plaintiff failed to allege facts to defeat governmental immunity. A
government official is entitled to qualified immunity against a 42 USC 1983 claim when he is
performing discretionary functions and when his conduct is not violative of clearly established
constitutional or statutory rights that a reasonable person would have known. Thomas, supra at
644. Prison officials and officers are government officials whose actions may be shielded by
qualified immunity. Id. A constitutional right is clearly established if the law is clear in regard
to a specific official’s actions in a specific situation. Id. This standard is one of objective
reasonableness that focuses on whether defendants reasonably could have thought their actions
were consistent with the rights that plaintiff claims have been violated. Id. at 644-645.
Immunity is inapplicable only if the official knew or should have known that his actions would
violate the plaintiff ’s constitutional rights or if the official acted maliciously to deprive the
plaintiff of his rights. Id. at 645. In this case, plaintiff failed to allege facts demonstrating that
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defendants’ actions were violative of a clearly established constitutional right that a reasonable
person would have known. Therefore, we conclude that the trial court properly granted summary
disposition on this ground.
III
Third, plaintiff contends that the circuit court erroneously concluded that plaintiff failed
to allege that a constitutionally protected liberty interest had been violated by defendants. MCR
2.116(C)(8). Motions based on MCR 2.116(C)(8) test the legal sufficiency of the plaintiff ’s
complaint and should be granted if the claims are clearly unenforceable as a matter of law.
Steele, supra at 713. To defeat a motion for summary disposition on a 42 USC 1983 claim, the
plaintiff must allege facts that demonstrate (1) that he was deprived of a federal constitutional
right, (2) while the defendant was acting under the color of state law. Davis v Wayne Co Sheriff,
201 Mich App 572, 576; 507 NW2d 751(1993).
The United States Court of Appeals for the Fourth Circuit has recognized that prisoners
enjoy a limited due process right to have false information expunged from their prison record.
Paine v Baker, 595 F2d 197, 199 (CA 4), cert den 444 US 925 (1979).1 Under Paine, a plaintiff
must allege that (1) there is certain information in his file, (2) this information is false, and (3)
the false information was relied on to a constitutionally significant degree. Plaintiff has failed to
allege facts sufficient to survive summary disposition under this test. More importantly, the
information placed in plaintiff’s file was not false. Rather, it was a recommendation of
plaintiff’s risks to the security of the facility, based on the findings of properly conducted
misconduct hearings. Consequently, we conclude that the circuit court correctly concluded that
plaintiff failed to allege that a constitutionally protected interest had been violated by defendants
and that summary disposition was properly granted.
IV
Finally, plaintiff maintains that the circuit court erroneously concluded that plaintiff ’s
requests for declaratory relief were barred because plaintiff failed to observe the requisite
procedural requirements. The court found, among other things, that plaintiff failed to name the
Michigan Department of Corrections as a party defendant.2
MCL 24.264; MSA 3.560(164) states in pertinent part that “the validity or applicability of
a rule may be determined in an action for declaratory judgment when the court finds that the rule
or its threatened application interferes with or impairs, or imminently threatens to interfere with
1
There are no reported Michigan cases recognizing this limited right. The recognition of this
right by the Fourth Circuit Court of Appeals is not binding on this Court. We question whether
such a due process right exists under either the Michigan or United States Constitution.
Nonetheless, for purposes of resolving this case we shall assume, without deciding, that the
limited due process right set forth in Paine, supra, may be asserted by plaintiff.
2
The Michigan Department of Corrections (MDOC) was not named as a party defendant in this
case. MDOC was added to this caption pursuant to this Court’s policy. The fact that MDOC
was not named as a party defendant is relevant to the resolution of this issue.
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or impair, the legal rights of the plaintiff.” MCL 24.264 also provides that “[t]he agency shall be
made a party to the action.” The use of the word “shall” designates a mandatory provision.
Depyper v Safeco Ins Co of America, 232 Mich App 433, 438; 591 NW2d 344 (1998); People v
Kelly, 186 Mich App 524, 529; 465 NW2d 569 (1990). Thus, the failure to name a required
party precludes declaratory relief. The trial court correctly held that plaintiff ’s failure to name
the Michigan Department of Corrections as a party defendant barred plaintiff ’s declaratory relief
claims.
Affirmed.
/s/ Peter D. O’Connell
/s/ Brian K. Zahra
/s/ Barbara B. MacKenzie
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