The Michigan Court of Appeals says a state civil rights investigation into police misconduct in Grand Rapids can continue for as long is at needs to because it is an administrative inquiry, not a criminal matter.
Grand Rapids filed the lawsuit in 2023 against the Michigan Department of Civil Rights – arguing the state exceeded a three-year statute of limitations to wrap up its investigation.
The state argued that three-year clock does not start until and unless the department determines there was a violation, which clears a path for the party claiming discrimination to file a court case.
The three-judge Court of Appeals panel unanimously held that, while there is a 180-day deadline for a party alleging discrimination under Michigan’s Elliott-Larsen Civil Rights Act to file a claim, there is no deadline for the department to bring a formal charge or drop the case.
“Neither the MDCR nor the Legislature has imposed a deadline by which the investigation of a complaint must proceed to the charging phase,” said the unsigned opinion. “If plaintiff believes this to be an absurd result, which this Court does not, the proper forum to bring this concern would be the MDCR itself or the Legislature. This Court will not impose a statute of limitations where one is not applicable.”
The court said it is up to the Legislature to change the law if wants to set a deadline for administrative inquiries by the civil rights department. The city could appeal the decision to the Michigan Supreme Court.
