Circuit Court LC No. 17-000853-AA
Before: M. J. Kelly, P.J., and Boonstra and Riordan, JJ.
appeals by delayed leave granted the trial court's order
dismissing for lack of subject-matter jurisdiction his appeal
of a Michigan Department of Corrections (MDOC) misconduct
ruling. We reverse and remand for further proceedings.
PERTINENT FACTS AND PROCEDURAL HISTORY
is an inmate confined at Ojibway Correctional Facility. In
2017, MDOC employees concluded that plaintiff had received an
unauthorized transfer of funds to his prisoner account by
another prisoner, in violation of MDOC policy. Plaintiff was
charged with Class II misconduct. After an informal hearing
at which plaintiff pleaded not guilty, an MDOC hearing
officer found plaintiff guilty of Class II misconduct and
sanctioned plaintiff with a loss of privileges for 15 days
and the confiscation of $250 from his prisoner
account. Plaintiff appealed the ruling to the
deputy warden, arguing in part that plaintiff's right to
procedural due process had been violated and that the
violation resulted in his loss of property. The deputy warden
denied his appeal. Plaintiff then appealed to the trial
court, again asserting that his constitutional right to due
process had been violated and that the violation had
unconstitutionally deprived him of property. The trial court
dismissed plaintiff's appeal for lack of subject-matter
jurisdiction, stating that only Class I misconduct findings
were subject to judicial review, citing an unpublished
opinion of this Court. The trial court denied plaintiff's
motion for reconsideration.
STANDARD OF REVIEW
review de novo as a question of law whether a trial court has
subject-matter jurisdiction over a claim. Harris v
Vernier, 242 Mich.App. 306, 309; 617 N.W.2d 764 (2000).
argues that the trial court erred by concluding that it
lacked subject-matter jurisdiction over his appeal. We agree.
jurisdiction refers to a court's power to act and
authority to hear and determine a case." Forest
Hills Co-operative v Ann Arbor, 305 Mich.App. 572, 617;
854 N.W.2d 172 (2014). Michigan's circuit courts are
courts of general jurisdiction. Okrie v Michigan,
306 Mich.App. 445, 467; 857 N.W.2d 254 (2014).
trial court held that it lacked subject-matter jurisdiction
because Class II prisoner misconduct rulings are not subject
to judicial review. Citing an unpublished decision of this
Court, the trial court reasoned that plaintiff's loss of
privileges for 15 days did not amount to the loss of good
time or disciplinary credits, which are judicially
reviewable. The trial court did not consider, however,
plaintiff's claimed loss of property or whether the
circumstances of this case gave rise to a ...