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Hospital employee who threatened to go postal cannot sue governmental hospital that fired him

Kevin Modin was discharged from his employment after he allegedly threatened to bring an AK-47 to work and "shoot up the place."  He was charged with a felony, which ultimately led to a plea of guilty to a misdemeanor in a plea arrangement.  He filed suit against the supervisor who fired him and against West Branch Regional Medical Center, arguing that their decisions and actions were illegal under several theories.

The Court noted that the supervisor, as a governmental actor, enjoyed immunity for most actions taken in a discretionary, rather than ministerial capacity.  Furthermore, his decision was "vindicated" by Modin's plea of guilty to a misdemeanor.  Therefore the claim against the supervisor was properly dismissed.  The Court further pointed out that  the theories of wrongdoing alleged against the employer did not meet any of the six exceptions to governmental immunity recognized under Michigan law.  Therefore, that claim, also, was properly dismissed.

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Traverse City, Michigan 49684
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