Appeals court says county immune to lawsuit

REED CITY — Two officers responding to a breaking-and-entering call found themselves instead involved in a car crash.

Osceola County Deputy Mark Cool was driving a police cruiser with reserve officer Matthew Chapman. The vehicle, driven by Cool, hydroplaned and crashed into an oncoming vehicle.

Chapman subsequently sued Osceola County and Cool, alleging Cool negligently operated the county’s vehicle.

When the case went to trial, the court ruled that Chapman was not a police officer and the county could not be given governmental immunity.

The Michigan Court of Appeals reversed the lower court’s decision despite a dissenting opinion from one justice.

Chapman claimed he was an unpaid volunteer in a civilian ride-along and he should not be considered a police officer. The defendants claimed Chapman was an officer regardless if he was paid.

Because the term “police officer” is not defined legally and the court could not locate case law, the justices turned to a dictionary.

“…does one have to be an employee or be paid to be considered a ‘member’ of a police force as the plaintiff suggests?” the justices asked. “We do not think so.”

The record in this case revealed that Chapman signed an oath of office swearing to “faithfully discharge the duties of the office of reserve deputy sheriff.” The oath was signed by the sheriff and notarized.

While riding along, Chapman also dressed in a deputy’s uniform, wore a bullet-proof vest, carried a gun, baton and mace, had a badge issued by the department and had police powers that could be exercised when he was in with a certain officer.

“Simply put, plaintiff looked like a police officer, he had similar duties, responsibilities and powers as a police officer, and he was exposed to the same risks as a police officer,” the court wrote.

Justice Bill Schuette dissented saying Chapman had no independent enforcement authority and was not permitted to refer to himself as a police officer when off-duty.

A second appeal, filed by Chapman, asked the court to enforce a settlement agreement. The court ruled that a settlement had not been reached on a final amount and it could not be enforced.

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