Michael S. Bogren is the Chairman of Plunkett Cooney’s Board of Directors. He has extensive experience representing municipalities in both state and federal courts in police liability claims, first amendment law, due process claims, Open Meetings Act claims, FOIA claims, zoning matters, civil rights cases and employment litigation.
Mr. Bogren is a member of the American Bar Association, the Civil Rights Section of the Federal Bar Association and the Public Corporation Section of the State Bar of Michigan. In addition, he is a member of DRI - The Voice of the Defense Bar.
Representative Client Work
- Successfully argued in Sixth Circuit that Congress lacked authority to abrogate States’ Eleventh Amendment immunity under the Americans With Disabilities Act (ADA). Court agreed that there was not a sufficient record of constitutional violations established by Congress to authorize the abrogation under the Fourteenth Amendment.
- Obtained summary judgment on behalf of municipality sued for over $80,000,000 after denying permit to build a 425-megawatt coal burning power plant on Lake Michigan. Court agreed that City’s decision did not violate developer’s constitutional rights of procedural or substantive due process or equal protection.
- Obtained summary judgment on behalf of retailer sued under 42 U.S.C. §1981 for detaining three African-American teenagers on suspicion of shoplifting. Court agreed that §1981 requires an attempt to purchase merchandise from retailer to come within “contract” language of the Act, and does not apply to actions that are “preparatory” to making a purchase.
- Obtained summary judgment on behalf of municipality sued for ADA violation and gender discrimination. Court agreed that the plaintiff's smoke allergy was not a disability and that there was a legitimate basis for transferring the plaintiff.
- Obtained summary judgment on behalf of police officer and municipality sued for excessive force under the Fourth Amendment. Court agreed that the use of force was not excessive as a matter of law.
- Obtained summary judgment on behalf of municipality sued for gender discrimination and sexual harassment. Court agreed alleged acts of supervisor did not constitute pervasively hostile work environment and discharge was not related to the plaintiff's gender.
- Obtained summary judgment on behalf of municipality sued for negligence when headstone in cemetery fell onto a nine-year-old child causing severe brain damage. Court agreed maintaining cemetery was a governmental function, not a proprietary function, entitling the city to governmental immunity.
- Obtained summary judgment on behalf of employer sued for alleged Whistleblowers’ Act violation. Court agreed that in order for a plaintiff to state a viable Whistleblowers’ Act claim, the plaintiff must have reported a violation or suspected violation of an actual law. A plaintiff’s subjective belief that her employer’s conduct violated “a law” would not be sufficient where there was no law in existence that actually prohibited the employer’s conduct.
- Obtained summary judgment on behalf of public university sued for alleged Freedom of Information Act violation. Court agreed that “deliberative process” exemption under FOIA shielded information from being disclosed. Ruling affirmed by Michigan Court of Appeals and Michigan Supreme Court.
- Kalamazoo County Bar Association
- State Bar of Michigan (Public Corporations Section)
- American Bar Association
- Federal Bar Association (Civil Rights Section)
Publications and Lectures
- Author – Chapter “Municipal Liability Under §1983” Sword and Shield Third Edition, ABA 2006
- Author – Chapter “Municipal Liability Under §1983” Sword & Shield Revisited, ABA 1998
- Author – “The Constitutionalization of Consortium Claims,” 68 U.Det.L.Rev. 479 (1991)
- Author – “The Continued Viability of a Federal Substantive Due Process Remedy in “Local Land Use Litigation,” Governmental Liability, May/June, 1991
- Lecturer on civil rights, police liability, employment law and zoning/land use for the Michigan Municipal League
- Lecturer on civil rights and police liability for Lorman Education Services
Areas of Practice
- University of Detroit School of Law, cum laude, J.D., 1982
- Western Michigan University, cum laude, B.A., 1979
- Michigan, 1982
- U.S. Supreme Court, 1992
- U.S. Court of Appeals, Sixth Circuit, 1991
- U.S. District Court, Western District of Michigan, 1982
- U.S. District Court, Eastern District of Michigan, 1983
- U.S. District Court, Northern District of Indiana, 1998
- Pokagon Band of Potawatomi Indians Tribal Court, 2010
- Nottawaseppi Huron Band of Potawatomi Indians Tribal Court, 2010
Honors & Recognitions
- Best Lawyers in America® for Municipal Law and Litigation (Copyright 2019 by Woodward/White, Inc., of Aiken, SC), 2008 - 2020
- Leading Lawyer in Civil Rights/Constitutional Law / Governmental, Municipal, Lobbying & Administrative Law, Leading Lawyers Magazine Michigan, 2015
- Martindale-Hubbell’s highest rating-AV Preeminent™ Peer Review Rated
- Michigan Super Lawyer in Government/Cities/Municipalities; Michigan Super Lawyers, a Thomson Reuters publication, 2008 - 2016
- Alpha Sigma Nu-National Jesuit Honor Society
- Justice Frank Murphy Honor Society
- Municipal Matters Newsletter - Fall/Winter 2015 Edition, 12.01.2015
- Municipal Matters - Summer Edition 2012, 05.21.2012
- Michigan Super Lawyers, 10.21.2015
- Best Lawyers in America®, 09.08.2015
- Leading Lawyers, 12.12.2014
- Michigan Super Lawyers, 10.07.2014
- Best Lawyers in America®, 09.05.2014
- Michigan Super Lawyers, 11.05.2013