When the government violates your rights, or an employer, landlord or business discriminates against you, the law gives you a remedy. Using it is another matter. Michigan gives you two sets of protections, and as a civil rights lawyer in Michigan I start by working out which one applies, because that decides how your claim moves.
The first is federal constitutional law, enforced through 42 U.S.C. section 1983, which reaches police and other government officials: excessive force, false arrest, unlawful searches and deliberate indifference in jails. The second is Michigan’s own civil rights statutes, principally the Elliott-Larsen Civil Rights Act, which bars discrimination in employment, housing, public accommodations, public service and education.
I am Mitchell Bisson, a Michigan civil rights attorney, and I represent people in Grand Rapids, Kent County and across West Michigan whose rights were violated under either framework. I handle these cases personally. They do not get passed down a chain.
Why I take these cases
The defendants in civil rights cases are well funded and represented by experienced counsel. Legal doctrines exist specifically to shield officers. Juries often want to believe the police. The evidence that would prove what happened sits with the same agency you are suing. I take these cases anyway.
I have been litigating for 15 years. I have been licensed in Michigan for about 10 years and in Nevada for over 15. I obtained a published reversal by the Ninth Circuit Court of Appeals in Rivera v. Corrections Corporation of America (CoreCivic), 999 F.3d 647 (9th Cir. 2021), a Nevada case that was sent back to the district court after the reversal of summary judgment, and I was counsel of record when the Ninth Circuit affirmed the denial of qualified immunity to officers in Zelaya v. Las Vegas Metropolitan Police Department, 682 F. App’x 565 (9th Cir. 2017) (unpublished). Prior results do not guarantee, warrant or predict a similar outcome. Big-Firm Power. Street-Level Grit.
Civil rights matters I handle in Grand Rapids and across Michigan
- Police excessive force, including strikes, takedowns, canine deployments, less-lethal munitions and police shootings
- False arrest and unlawful detention, often called wrongful arrest, where officers lacked probable cause or prolonged a stop without justification
- Unreasonable searches and seizures, including warrantless entries, defective warrants and searches that exceed their authorized scope
- Deliberate indifference to medical needs in jails and detention facilities
- Employment discrimination under the Elliott-Larsen Civil Rights Act and federal law
- Housing discrimination, including refusal to rent or sell and discriminatory terms or conditions
- Public accommodation discrimination, meaning denial of goods, services or access
- Retaliation for reporting discrimination, for protected speech, or for filing a complaint
The Elliott-Larsen Civil Rights Act
Michigan’s principal civil rights statute, MCL 37.2101 and following, prohibits discrimination in employment, housing, public accommodations, public service and education.
Protected characteristics
The protected traits differ by setting. For employment they include religion, race, color, national origin, age, sex, height, weight and marital status, and housing also protects familial status. Michigan is unusual in protecting height and weight in employment, categories many states leave out entirely. As of 2023 Public Act 6, effective February 13, 2024, the act also expressly lists sexual orientation and gender identity or expression as protected traits.
Disability discrimination
Disability is covered by a separate statute, the Persons with Disabilities Civil Rights Act, MCL 37.1101 and following. It parallels the Elliott-Larsen Act and operates alongside the federal Americans with Disabilities Act. Claims often proceed under state and federal law at the same time.
Where claims are filed
You generally have a choice. A charge can be filed with the Michigan Department of Civil Rights, which investigates and can pursue the matter administratively, or a lawsuit can be filed directly in circuit court. Filing with the department is not required before an Elliott-Larsen lawsuit, but a charge there has a 180-day deadline. Federal claims under Title VII require you to go through the EEOC first, and that charge is generally due within 300 days in most Michigan employment cases, which is one reason the choice of statute matters. An Elliott-Larsen lawsuit is subject to a three-year period. The shorter deadline can end a federal claim even while the state claim is still open, so do not rely on the longest window.
Police misconduct and the section 1983 lawsuit
Claims against police and other state and local officials are brought under 42 U.S.C. section 1983, the federal statute that allows suit against officials who violate constitutional rights while acting under color of law.
The excessive force standard
Force claims are analyzed under the Fourth Amendment using the objective reasonableness standard from Graham v. Connor. Courts weigh the severity of the suspected offense, whether the person posed an immediate threat, and whether the person was actively resisting or trying to flee, judged from the view of a reasonable officer on the scene and not with hindsight.
The standard is deferential, and deliberately so. It is not unlimited. Force grossly out of proportion to any threat falls outside it. So can force that continues after a person is handcuffed, restrained or compliant, and force used on someone who is not resisting but is slow to comply because they are confused, deaf, disabled, intoxicated or in psychiatric crisis.
Qualified immunity
Individual officers routinely assert qualified immunity, which shields them unless they violated a right that was clearly established at the time. That often means pointing to prior decisions on reasonably similar facts. It is the largest obstacle in this area of law, and it ends many cases before a jury hears them. It is not absolute. Sufficiently egregious conduct can be obviously unconstitutional without a closely matching precedent. But immunity has to be planned for from the first draft of the complaint, not confronted after filing.
Suing the department
Under Monell v. Department of Social Services, a municipality or department is liable only where an official policy, a widespread custom, or a failure to train or supervise was the moving force behind the violation. Employing the officer is not enough. Proving it means looking past your own incident into the agency’s prior complaints, internal affairs history, training records, and the gap between written policy and actual practice.
The deadline
A section 1983 claim in Michigan generally borrows the state’s three-year personal injury limitations period. Some state-law claims, such as assault, battery, false imprisonment or malicious prosecution, have a two-year deadline. State-law injury claims against the State of Michigan require a claim or notice within six months, and other state-law claims against the State within one year. Those state notice rules do not apply to a federal section 1983 claim. The practical deadline is far shorter. Body-camera footage, jail surveillance, dispatch recordings and nearby private cameras can sit on retention schedules measured in weeks or months, depending on the agency. Preservation letters sent early are frequently what makes a case provable.
What you can recover
- Compensatory damages for medical expenses, lost income, pain, emotional distress, humiliation and loss of liberty. In discrimination cases, back pay and front pay may also be available.
- Punitive damages against individual officers under section 1983 for malicious or recklessly indifferent conduct.
- Injunctive relief, meaning court-ordered changes to policy, practice or employment terms, including reinstatement in appropriate employment cases.
- Attorney’s fees for prevailing plaintiffs in federal civil rights cases under 42 U.S.C. section 1988, and under the Elliott-Larsen Act for state discrimination claims. Whether fees are awarded is the court’s decision, and I cannot promise it.
How I build a Michigan civil rights case
Preservation comes first
In a police misconduct matter, the first move is written preservation demands to every agency and private party that may hold video, plus Freedom of Information Act requests for body-camera and dashboard footage, dispatch audio, incident and arrest reports, use-of-force reports and jail logs. Agencies are not required to keep everything forever. What is not preserved is gone.
Independent investigation
I do not accept an agency’s account of its own conduct. I locate civilian witnesses, canvass for private cameras, obtain medical records showing the injuries and how they happened, and photograph injuries as they develop over several days. In force cases I work with retained police practices consultants who can explain what accepted standards required.
Employment cases: documentation
Discrimination cases are won on documentation. Performance reviews, emails, texts, the handbook, records of how comparable employees were treated, and a careful timeline set against your protected activity. Gather what you lawfully have access to before you lose your work accounts. After separation, that access is gone.
Filing and the immunity fight
In section 1983 cases the complaint is drafted with qualified immunity in mind from the first sentence. Expect a motion to dismiss, then a summary judgment motion raising immunity, and expect that if the court denies immunity on a question of law, the defendant can usually appeal right away, which extends the case.
Discovery and resolution
Discovery brings in agency records, internal affairs files, training materials and depositions. In employment cases it brings in the employer’s files, comparator evidence and decision-maker testimony. Many claims resolve once that material is on the table. Those that do not are tried.
If it just happened
- Get medical attention and be specific. Tell the provider exactly how each injury happened. Those records become the contemporaneous account.
- Photograph injuries repeatedly. Bruising develops over days, so shoot on day one, day three and day seven, with something for scale.
- Write down everything now: times, locations, what was said, how many officers were present, names and badge numbers if you have them, and who else was there.
- Identify witnesses immediately. Bystanders are nearly impossible to find later, and a phone number today is worth more than weeks of effort next month.
- Back up your own recordings to cloud storage and a second device, and do not edit the original file.
- Stay off social media. Posts will be obtained and used against you in both misconduct and employment cases.
Related Michigan practice areas
Civil rights cases often sit next to other proceedings. If you are facing charges from the same encounter, see my Grand Rapids criminal defense lawyer page, including my Michigan OWI lawyer page for traffic stops that led to an OWI arrest. If you were hurt, see my Grand Rapids personal injury lawyer page. Other disputes may belong on my Grand Rapids civil litigation attorney or Grand Rapids business litigation attorney pages, and immunity rulings and final judgments are handled on my Michigan appeals lawyer page. Property and housing disputes are on my Grand Rapids real estate attorney page. Short answers to common questions are on my Michigan legal FAQs page.
Your rights, my fight
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512. Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com. Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Your Rights, My Fight!
Frequently asked questions
Do I need a civil rights lawyer in Michigan to sue the police?
These cases are hard to take on alone. The defendants are well funded, qualified immunity exists to shield officers, and the evidence sits with the agency you are suing. A lawyer can send preservation letters and Freedom of Information Act requests early, investigate independently and handle the immunity fight.
Can I file a wrongful arrest lawsuit in Michigan?
Possibly. False arrest, often called wrongful arrest, is one of the claims brought under section 1983 when officers lacked probable cause or held you without justification. The deadline is covered above, including the shorter two-year deadlines that apply to some state-law claims, and the practical window for preserving video and records is much shorter, so do not wait. My post on whether you can sue after a wrongful arrest in Michigan covers probable cause and deadlines.
What does the Elliott-Larsen Civil Rights Act protect against?
It prohibits discrimination in employment, housing, public accommodations, public service and education. The protected traits differ by setting. For employment they include religion, race, color, national origin, age, sex, height, weight and marital status, and housing also protects familial status. As of 2023 Public Act 6, effective February 13, 2024, the act also expressly lists sexual orientation and gender identity or expression as protected traits. Disability discrimination is covered by the separate Persons with Disabilities Civil Rights Act.
Should I file with the Michigan Department of Civil Rights or go straight to court?
It depends on your goals and on whether you also have federal claims. Filing with the department is not required before an Elliott-Larsen lawsuit, but a charge there has a 180-day deadline. The state agency is impartial and represents neither side, and its process is slower and out of your control. A lawsuit in circuit court gives you control and access to discovery, but it costs money to pursue. If you also intend to bring federal Title VII claims, the EEOC comes first, and that charge is generally due within 300 days in most Michigan employment cases. Get advice before choosing, because the choice affects what stays available.
How long do I have to file a discrimination claim in Michigan?
An Elliott-Larsen lawsuit is subject to a three-year limitations period, which is longer than many states allow. A charge with the Michigan Department of Civil Rights has a 180-day deadline, and a federal Title VII charge with the EEOC is generally due within 300 days in most Michigan employment cases. Treat the shortest potentially applicable deadline as your real one, and call early.
When is a police officer’s use of force excessive?
Force is judged for objective reasonableness under Graham v. Connor, from the view of a reasonable officer on the scene. Courts look at the severity of the suspected offense, whether you posed an immediate threat, and whether you were actively resisting or fleeing. Force out of proportion to any threat can be excessive, and so can force that continues after you are restrained or compliant. Whether what you said or did counts as active resistance depends on the facts, and I would want to go through exactly what happened with you.
What is qualified immunity, and will it end my case?
Qualified immunity shields officers unless they violated a clearly established constitutional right, which usually means pointing to earlier decisions on similar facts. It is the biggest obstacle in police misconduct litigation and it does end many claims, but it is not absolute, and how the facts are developed and pleaded affects whether it can be overcome. If the court denies immunity on a question of law, the defendant can usually appeal right away, which adds time. I will give you a straight assessment of how it applies to your facts before you commit to anything. My post on how qualified immunity works is written in plain English.
Can I sue the police department, or only the officer?
You can sue both, but each takes different proof. The officer answers for personal conduct. A city, county or department answers only under Monell, which requires an unconstitutional policy, a widespread custom, or a failure to train or supervise that caused the violation, and employing the officer is not enough. I investigate whether your experience reflects an institutional pattern, which usually means obtaining internal affairs and training records in discovery.
Is there video of what happened to me?
Often there is: body-worn cameras, patrol vehicle cameras, jail surveillance, nearby businesses, doorbell cameras or bystander phones. Agencies keep footage on their own schedules, and material nobody flags can be overwritten. A written preservation demand and a Freedom of Information Act request sent within days can secure evidence that no later effort recovers, which is the most urgent reason to call a lawyer quickly.
I was fired after complaining about discrimination. Is that separately actionable?
Very possibly. Retaliation for opposing discrimination or taking part in an investigation is prohibited under both the Elliott-Larsen Act and federal law, and it is a distinct claim from the underlying discrimination. A retaliation claim generally requires showing that you engaged in protected activity, that your employer knew about it, that you suffered an adverse action, and that the two are causally connected. It can sometimes succeed even where the underlying discrimination claim does not, if you reasonably and in good faith believed the conduct was unlawful. Document the timing, because the sequence between your complaint and the adverse action is often the strongest evidence.
My employer says I was fired for performance. How do I prove it was discrimination?
Rarely with a confession. These cases are built on circumstantial evidence: timing relative to protected activity, inconsistent or shifting explanations, departures from the employer’s own policies, comparators outside your protected class treated better for similar conduct, and a performance record that was fine until it suddenly was not. Preserve your reviews, emails and any documentation of how others were treated before you lose access to your work systems.
Was I discriminated against because of my weight or height?
Michigan gives a straighter answer to that question than most states. The Elliott-Larsen Act expressly prohibits employment discrimination based on height and weight, protections that federal law does not provide. If you were denied a job or a promotion because of your size, you may have a claim under Michigan law that federal law alone would not give you.
My family member was denied medical care in jail. Is that a civil rights violation?
It can be. Jails may not be deliberately indifferent to a serious medical need. For a person held before trial, the question is whether an officer deliberately ignored a risk of serious harm that was known or so obvious it should have been known. That is a lower bar than for a convicted prisoner, who must show the officer actually knew of the risk and disregarded it. Recurring patterns include untreated alcohol or opioid withdrawal, ignored cardiac or stroke symptoms, denial of prescribed medication, and psychiatric crisis met with restraint. If your family member is still in custody, federal law generally requires using the jail’s grievance process before suing (42 U.S.C. 1997e(a)), so deadlines matter from day one. These cases are built from booking records, medical request forms, cell-check logs and video.
Do I have to complain internally first?
For a section 1983 claim against police, no. An internal affairs complaint is not a prerequisite. For employment discrimination the answer is more nuanced. Using your employer’s internal complaint process can strengthen a later claim by establishing notice, and in some circumstances skipping it can weaken your position. What you say in that process can be used later, so get advice before you file, not after.
How are legal fees handled in a civil rights case?
I explain my fee arrangement at the consultation, before you decide whether to hire me. Federal and state statutes allow a court to order a defendant to pay a prevailing plaintiff’s attorney’s fees, but that is the court’s decision, and I cannot promise it.
How long do these cases take?
Longer than most litigation. A police misconduct case can stall on the qualified immunity ruling, because a defendant can usually appeal a denial of immunity on a question of law right away, and discovery into agency records adds more time. A straightforward discrimination case may resolve within a year or two, while a contested misconduct case with a Monell claim can take considerably longer. You should hear a realistic timeline before you begin, because endurance is part of the decision.
The officer was cleared by internal affairs. Does that end my case?
No. A clearing by internal affairs is the agency’s own conclusion, not a legal ruling, and it does not bind a court or jury. Internal reviews apply agency policy rather than constitutional standards, and the agency is investigating itself. Your civil claim is independent, and a pattern of weak internal investigations can become evidence in a Monell claim about how the agency handles misconduct.
Can I record the police in Michigan?
Generally yes. Many federal appeals courts have recognized a First Amendment right to record police performing their duties in public, as long as you do not interfere. How far that right reaches depends on the facts, and officers may raise qualified immunity. If an officer takes your phone, deletes footage or arrests you in retaliation for recording, that can support a claim. Stay back, keep your hands visible, say that you are recording and not interfering, and copy the footage to cloud storage as soon as you can.
What if I was doing something wrong when this happened?
It usually does not defeat the claim. Your constitutional rights do not disappear because you were suspected of, or even guilty of, an offense. The question is whether the force used was reasonable, not whether the arrest was justified, and many meritorious excessive force cases involve people who were being lawfully arrested. A conviction from the same encounter can limit what you can claim, so tell me how any criminal case ended. Tell me the whole story, unflattering parts included, because I would rather hear it from you first than learn it from the defense.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.