In the case of Does v. Whitmer, 6th Cir. No. 22-1925 (May 30, 2023), a federal appellate court held that government officials could not be held liable for the actions of the state police in enforcing unconstitutional laws under the theory of supervisor liability when the officials did not knowingly allow or authorize the conduct.
In this case, five sex offenders argued that the state police continued to enforce provisions of Michigan’s Sex Offender Registration Act despite the fact that these provisions were found to be unconstitutional in previous court cases, and that the government officials failed to stop such enforcement. In response, the government officials argued that the sex offenders failed to reference a specific authorization or cover-up and the argument that the government officials should have known that the state police were engaging in such behavior because the same or similar issues had been litigated three times before. The federal appellate court agreed with the government officials.
In support of its decision in favor of the government officials, the federal appellate court explained that “alleging a mere failure to act, without more, is insufficient to state a claim of supervisory liability.” Opinion and Order at 12.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.