Gracey v. Wayne Co Clerk

In Gracey v. Wayne Co Clerk, 213 Mich App 412; 540 NW2d 710 (1995) 415-416, the plaintiff asserted that the Wayne County Clerk was not entitled to governmental immunity after the clerk held a press conference the day before an election, alleging that the plaintiff, who was running for office, had illegally handled absentee ballots. The plaintiff argued that the clerk held the press conference for the sole purpose of disseminating false information and swaying the electorate by dissuading voters from supporting the plaintiff. Id. at 416. The Court concluded that, if the clerk's purpose was to disseminate false information with an intent to sway an election, then these actions would be outside the scope of authority and the clerk would not be entitled to governmental immunity. Id. at 418. However, in American Transmissions v. Attorney Gen'l, 454 Mich 135; 560 NW2d 50 (1997) at 143, the Supreme Court stated that Gracey had been incorrectly decided, and, as correctly stated by the trial court in the case at bar, in overruling Gracey, our Supreme Court basically holds that "even if incorrect or false information is intentionally or malevolently disseminated by a public official, . . . if it is within the scope of . . . authority to disseminate this information, . . . then the executive officials are immune . . . ."