Bauserman v. Unemployment Insurance Agency (Opinion on Application)Annotate this Case
Plaintiffs were former recipients of unemployment compensation benefits who allege that the Michigan Unemployment Insurance Agency (the Agency) unlawfully seized their property without affording due process of law. The issue their appeal presented for the Michigan Supreme Court’s review centered on whether plaintiffs gave timely notice of their due-process claims to the Agency, and therefore were entitled to consideration of the merits of their claims. More specifically, the issue concerned whether plaintiffs filed notices of intention to file their claims or the claims themselves “within 6 months following the happening of the event giving rise to the cause of action.” The Supreme Court held that the “happening of the event giving rise to the cause of action” for a claim seeking monetary relief was when the claim accrued, and a procedural-due-process claim seeking monetary relief accrued when the deprivation of life, liberty, or property occurred. Here, plaintiffs were deprived of their property when their tax refunds were seized or their wages garnished. As a result, plaintiffs Bauserman and Broe timely filed their claims within six months following the deprivation of their property, while plaintiff Williams did not. Accordingly, the Court affirmed in part and reversed in part the judgment of the Court of Appeals and remanded to that court for further proceedings.