Smith v. Dep't of Public Health

In Smith v. Dep't of Public Health, 428 Mich. 540, 544; 410 N.W.2d 749 (1987), a majority of the Supreme Court of Michigan held that "where it is alleged that the state, by virtue of custom or policy, has violated a right conferred by the Michigan Constitution, governmental immunity is not available in a state court action." The Court further held that a "claim for damages against the state arising from violation by the state of the Michigan Constitution may be recognized in appropriate cases." Id.