Court reissues decision granting immunity to State and doctor who screwed up
The Court of Appeals reissued its opinion granting immunity to Donald Proux and the State of Michigan for attacks perpetrated on three employees of the Caro Regional Center. They were beaten with a hammer by a former resident-patient who had been granted partial release in the form of a "grounds pass" by Proulx, despite the inmate-patient's recent violent history. Even though Proulx was not actually an "employee" of the State, the three Court of Appeals judges, including Kirsten Kelly, the insurer's best-buddy on the Court, utilized the "economic reality" test to conclude that Proulx was entitled to employee immunity. The hedging language used by the Court to grant Proulx immunity is related more thoroughly in our prior blog entry discussing this situation.