A Flint police officer filed suit alleging he was retaliated against by his government employer because he publicly criticized government officials for misusing tax millage revenues. The officer alleged in his lawsuit that government officials retaliated against him by reassigning him to patrol Flint’s north end, which was the most dangerous part of the city.

The trial court and court of appeals ruled these allegations were not sufficient to make a case of “whistleblower retaliation” under Michigan’s Whistleblower Protection Act (WPA), MCL 15.361, et seq.

However, the Michigan Supreme Court reversed the lower courts, and ruled that the police officer’s allegations did state a proper claim for illegal discrimination and retaliation under the WPA, on the basis of the job reassignment to work undesirable hours at an undesirable location. The Supreme Court decision is Kevin Smith v City of Flint, Supreme Court number 152844, decided February 3, 2017.

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