Sec. 4352. (1) If no legal cause is shown for the restraint, or for the continuation thereof, the court or judge shall discharge the person restrained from the restraint under which he is held. (2) Obedience to any order for the discharge of any prisoner may be enforced by the court or judge granting such order, by arrest in the same manner as is herein provided for disobedience to a writ of habeas corpus, and with like effect in all respects. The person guilty of disobedience to an order for the discharge of any prisoner is liable to the party aggrieved in the sum of $1,000.00 damages, in addition to any special damages the party may have sustained. (3) No sheriff or other officer is liable to any civil action for obeying any such order of discharge.
Mich. Comp. Laws § 600.4352
Discharge of prisoner; enforcement of order; obedience by sheriff or other custodian
Applied in 2 court decisions — leading case 260 Mich. App. 29 - Morales v. Michigan Parole Bd. (2004)
Most recently applied in 260 Mich. App. 29 - Morales v. Michigan Parole Bd. (March 2004)
1961, Act 236, Eff
Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.