Meadows v. Detroit

In Meadows v. Detroit, 164 Mich App 418; 418 NW2d 100 (1987), the plaintiff argued that the defendant city was vicariously liable for the torts of its employees in the Detroit Police Department, including the police chief's letter, which, according to the plaintiff, was defamatory, that was written in response to a citizen's complaint regarding the plaintiff's discharge. In the letter to the citizen, the police chief stated that the plaintiff had violated departmental regulations by failing to report that his partner had accepted a bribe and that the plaintiff's actions constituted "criminal conduct." Id. at 427. The Court concluded that governmental immunity applied and that the police chief was acting within his authority in responding to the citizen's complaint. Id. at 428, 431-432. Thus, the trial court correctly concluded that the defendant city was not vicariously liable for the alleged torts of its employees. The Court further stated that to the extent that the defendant employees' action were ultra vires, i.e., contrary to the defendant city's procedures, the city would still not be vicariously liable pursuant to Ross, supra at 624-625. The Court affirmed the trial court's dismissal of the plaintiff's defamation and intentional infliction of emotional distress claims against the defendant city. Meadows, supra at 435.