The Michigan Court of Appeals is allowing a case filed by the family of a murdered Oxford High School student to move forward.

The family of Hana St. Juliana alleges the Michigan State Police failed to fulfill a legal obligation to act on information that could have averted the 2021 mass shooting.

The case never made it to the argument stage in the Michigan Court of Claims. The judge ruled the family missed the deadline to notify the state of its plans to file a wrongful death lawsuit within six months of the shooting.

But, in a unanimous opinion released Friday, a three-judge Court of Appeals panel reversed that decision. The court said that clock did not start until a probate judge named St. Juliana’s father as the personal representative of her estate.

“The state of Michigan attempted to use a technicality to deprive our clients of their day in court and we are pleased that the Court of Appeals saw past that and is going to allow this case to proceed,” said Kevin Carlson, the attorney for the St. Juliana family.

The complaint outlines reports of concerning behavior by the shooter that were submitted to the Michigan OK2Say tipline, which serves as a central location to report crimes, threats and concerns regarding schools and students. It says the Michigan State Police failed to live up to its responsibilities to investigate reports submitted through that system. It also says a school official and an Oakland County deputy sheriff dismissed the concerns.

Carlson said the 2013 law that set up OK2Say puts the final legal responsibility to check on those tips with the state.

“The question in this case, and the focal point of this lawsuit, is going to be why did the Michigan State Police not intervene to prevent the shooting at Oxford High School?” he  told Michigan Public Radio.

The Michigan State Police did not respond to a message seeking comment. The state could appeal the decision to the Michigan Supreme Court.

St. Juliana and three classmates were killed in the November 30, 2021, mass shooting. Seven others were injured.

Carlson said unless the state appeals, his next step is to seek unredacted versions of police reports related to the shooting. 

The director of the Michigan State Police spent an hour and a half Tuesday testifying and taking questions from lawmakers about morale in a department that appears skeptical of his leadership.

Col. James Grady II had to answer for trooper and officer surveys showing widespread dissatisfaction with his leadership. Grady told House lawmakers he does not trust the accuracy of the trooper and command officer union surveys. He said the department has its measuring tools that do not show similar results.

But, mostly, Grady said that is because he is not hearing complaints from the troopers and officers under his command.

“They tell me how happy they are with the work that they’re doing — that they’re satisfied with the work that they’re doing, that they’re satisfied with the support that they have in our agency,” he said. “So, I get it face to face because I am that type of person that will strike up a conversation with anyone.”

But Rep. Jaime Greene (R-Richmond) said it is not just the union surveys that are concerning. Committee members have been meeting with MSP staff, who she said shared in private interviews that they feared retaliation. She read some of the responses to him.

“These are from your own officers that they feel as if they are being retaliated against,” she said. “How have they come to that conclusion?”  

Grady repeated he does not believe officers under his command fear retaliation. Grady also said he doesn’t believe the Michigan State Police has a serious morale problem. The proof of that, he said, is officers showing up and doing their jobs and the reduced violent crime rate in Michigan.

But Rep. Jason Woolford (R-Howell) told Grady he should take those union survey findings seriously.

“When people lose faith in their leader, the result is a cascade of issues, and we’re seeing that,” Woolford said. “There’s low morale, poor cohesion and, at the end of the day, a mission that’s going to be compromised.”  

Both the Michigan State Police Troopers Association and the Michigan State Police Command Officers Association have called on Grady to resign.  

Grady was a 25-year veteran of the department in 2023, when Gov. Gretchen Whitmer appointed him to the post. In a statement sent to Michigan Public Radio, Whitmer Press Secretary Stacey LaRouche said the governor remains confident in Grady.

“Thanks to the work of Colonel Grady and troopers across the state, in partnership with local law enforcement, Michigan has seen major drops in violent crime recently,” she said. “He’s also had troopers’ backs by fighting for pay raises for the men and women who risk their lives every day to keep our state safe. We have full confidence in Colonel Grady to continue getting the job done.”