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EDWARD NELSON HUNT V JAMES HOLTON SHERIFF DEPUTY
State: Michigan
Court: Court of Appeals
Docket No: 205727
Case Date: 01/07/2000
Preview:STATE OF MICHIGAN
COURT OF APPEALS


EDWARD NELSON HUNT, Plaintiff-Appellant, v

UNPUBLISHED January 7, 2000

JAMES HOLTON, ROBERT HENKEL, ST. JOSEPH COUNTY, MATT LORI, Individually and in his Capacity as Sheriff of St. Joseph County, JEFFREY C. MIDDLETON, Individually and in his Capacity as Prosecuting Attorney of St. Joseph County, Defendants-Appellees, and GARY APPLEGATE, NORMA APPLEGATE, ST. JOSEPH COUNTY SHERIFF'S DEPARTMENT, ST. JOSEPH COUNTY PROSECUTOR'S OFFICE, MICHAEL JERMEAY, TROOPER HAWVER, STATE OF MICHIGAN, and MICHIGAN DEPARTMENT OF STATE POLICE, Defendants.

Nos. 205727, 208702 St. Joseph Circuit Court Calhoun Circuit Court LC Nos. 93-000342 CZ 94-001256 CZ

Before: Bandstra, C.J., and Markman and Meter, JJ. PER CURIAM. Plaintiff Edward Nelson Hunt appeals as of right the court's grant of defendants' motions for summary disposition. We affirm.

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Plaintiff contends that the trial court improperly granted summary disposition as to St. Joseph County. We disagree. In deciding a motion for summary disposition brought pursuant to MCR 2.116(C)(7) (governmental immunity), a court must consider all documentary evidence submitted by the parties. Terry v Detroit , 226 Mich App 418, 428; 573 NW2d 348 (1997). The court accepts all well-pleaded allegations as true and considers them in a light most favorable to the nonmoving party in determining whether the defendant is entitled to judgment as a matter of law. Id. The plaintiff must allege facts giving rise to an exception to governmental immunity in order to defeat the motion for summary disposition. Id. We review the trial court's grant of summary disposition de novo. Id. at 423. Plaintiff first contends that the court erred in granting summary disposition with respect to his claim that St. Joseph County violated his right to equal protection of the laws under Const 1963, art 1,
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