Claims Under Michigan’s Persons with Disabilities Civil Rights Act Under the Court of Claims Act Are Subject to Six-Month Notice Provision Applicable Personal Injury Claims
Jeffrey M. Short v Michigan State Police
Opinion Published: August 3, 2026 (Patel, J., Kelly, P.J., and Korobkin, JJ.)
COA Docket No. 375823
Genesee County Circuit Court
Holding: A claim under the Persons with Disabilities Civil Rights Act (PWDCRA) constitutes a "claim for personal injuries" under MCL 600.6431(4) of the Court of Claims Act (COCA), triggering a six-month notice requirement rather than the one-year general notice requirement of MCL 600.6431(1). An employment discrimination claim alleging invasion of a personal right (the right to work free from disability discrimination) falls within the definition of "personal injury" as a legal term of art in Michigan law. Because plaintiff filed his notice of intent beyond the six-month deadline, the Court of Appeals reversed and remanded for entry of summary disposition in defendant's favor.
Facts: Plaintiff, a Michigan State Police trooper since 2000, was shot and injured in the line of duty in 2013, resulting in posttraumatic stress disorder (PTSD). In 2022, he was promoted to 1st Lieutenant. In 2023, a scandal erupted at the Flint Post involving officer promotions; an investigation revealed that some candidates had been given advance answers to interview questions. During questioning, plaintiff disclosed that he had provided a sealed envelope to one officer at his commander's behest—information he had not revealed in his first interview. Defendant suspended him and investigated his failure to disclose. Plaintiff reported his PTSD to supervisors in December 2023 and at his January 24, 2024 discipline appeal hearing. Defendant subsequently demoted him by three ranks to Trooper, which plaintiff alleged was improper factoring of his disability.
On October 23, 2024—approximately nine months after the discipline hearing—plaintiff filed a notice of intention to sue in the Court of Claims alleging PWDCRA violations, as well as claims under the United States Constitution, the Michigan Constitution, the Elliott-Larsen Civil Rights Act (ELCRA), MCL 37.2101, et seq., the Americans with Disabilities Act, 42 USC 12101, et seq., § 504 of the Rehabilitation Act, 29 USC 794, Title VII of the federal Civil Rights Act, 42 USC 2000e, et seq., 42 USC 1981, and 42 USC 1983. His complaint included only a claim under the PWDCRA. Defendant moved for summary disposition under MCR 2.116(C)(7), arguing that plaintiff's claim was a "personal injury" claim subject to the six-month notice requirement of MCL 600.6431(4) and thus barred because notice was filed nine months after the events.
Key Appellate Holding:
A PWDCRA employment discrimination claim is a claim for "personal injuries" under MCL 600.6431(4), subjecting it to the six-month notice requirement of the Court of Claims Act.
As a legal term of art, "personal injury" includes invasions of personal rights, not merely physical bodily harm. The PWDCRA guarantees the civil right to employment without disability discrimination (MCL 37.1102(1), MCL 37.1202(1)(b))—a personal right. Plaintiff's claim that defendant discriminated against him based on disability in violation of that guaranteed right constitutes an "invasion of a personal right," fitting squarely within Black's Law Dictionary's definition of "personal injury."
While prior Court of Appeals cases involving ELCRA claims had cited MCL 600.6431(1), the court noted that none of those cases involved analysis of timing compliance; the plaintiffs had failed to file any notice at any time, making the subsection question academic. Christie v. Wayne State University, 511 Mich 39; 993 NW2d 203 (2023), also did not address which subsection applied because the plaintiff in Christie filed no notice whatsoever. Therefore, prior citations to subsection (1) were not dispositive.
The court rejected reliance on the definition of "personal injury" in MCL 600.6301(b) to interpret "personal injuries" in MCL 600.6431(4), concluding that the definition in MCL 600.6301(b) expressly apply only to that provision. Instead, the court applied the plain meaning of "personal injuries" as a legal term of art—encompassing invasions of personal rights, including non-physical harm. Plaintiff's claim alleges emotional distress, loss of earnings, loss of career opportunity, and related harms flowing from the demotion—all injuries arising from violation of his personal right to non-discriminatory employment. These constitute "personal injuries" under the six-month notice requirement, and plaintiff's failure to file within six months barred his claim.
