Van Antwerp v. State

Action by Lyle S. Van Antwerp against the State of Michigan and another for damages for alleged void commitment to State hospitals. Motion to dismiss granted. Plaintiff appeals. Affirmed. CARR, J. Under date of December 16, 1948, the plaintiff instituted an action in the court of claims to recover a judgment for damages against the State of Michigan. From the petition filed by him it appears that his alleged cause of action was based on certain proceedings in the probate court of Kent county which resulted in his commitment to the State psychopathic hospital at Ann Arbor for a period of 35 days, and subsequently to an adjudication that he was an insane person, followed by his commitment to the Kalamazoo State hospital. Plaintiff asserted in his pleading that as a result of such actions he sustained damages, that the proceedings against him were null and void because of the failure of the court to observe provisions of the statute relating thereto, and that, in consequence, the State of Michigan is liable for the various elements of damage sustained by him, as set forth in his bill of particulars.