Reid Cowan v. State of Michigan ( 2018 )

STATE OF MICHIGAN
COURT OF APPEALS
REID COWAN, UNPUBLISHED
May 22, 2018
Plaintiff-Appellant,
v No. 339618
Court of Claims
STATE OF MICHIGAN, DEPARTMENT OF LC No. 17-000091-MM
CORRECTIONS, and EDWARD BARBER
Defendants-Appellees.
Before: SHAPIRO, P.J., and M.J. KELLY and O’BRIEN, JJ.
O’BRIEN, J. (concurring in part and dissenting in part).
I agree with the majority that plaintiff’s state law claims should be dismissed for failure
to provide timely notice as required by MCL 600.6431. However, I disagree that it is
appropriate to remand plaintiff’s federal constitutional claim based on Felder v Casey, 487 U.S.
131; 108 S. Ct. 2302; 101 L. Ed. 2d 123 (1988). Plaintiff did not raise this argument at trial or on
appeal. Therefore, I would adhere to the general “raise or waive” rule and hold that plaintiff
waived this issue by failing to raise it. Walters v Nadell, 481 Mich. 377, 387; 751 NW2d 431
(2008); Baxter v Geurink, 493 Mich. 924, 924 (2013).
/s/ Colleen A. O'Brien
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