Case: Foster-Bey v. Sampson

2:05-cv-71318 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 5, 2005

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On April 5, 2005, Michigan inmates, represented by attorneys and students with the University of Michigan Clinical Law Program, filed suit under 42 U.S.C. § 1983 in U.S. District Court Eastern District of Michigan, alleging that changes to the Michigan parole law and policies made in 1992 ("life means life") precluded any meaningful review of their life sentences, thereby effectively converting them into mandatory life sentences in violation of the Ex Post Facto and the Due Process Clauses of the United States Constitution. Specifically, plaintiffs alleged in their complaint that as a result of the changed parole policies: (1) their parole had been reviewed every other year, but now only every five years; (2) they were no longer entitled to an in-person hearing; (3) written reasons for denial are no longer required, but were before; (4) "a statement of no interest or a pass-over" was no longer considered a formal Parole Board decision subject to judicial review; and (5) the Parole Board changed from an independent entity to one under the direct authority of Michigan's executive department. Plaintiffs named as defendants the Michigan Department of Corrections and the Michigan Parole Board. They sought declaratory and injunctive relief, as well as class certification.

In an unpublished opinion, The Court (Judge Nancy G. Edmunds) refused to waive the filing fee based on plaintiffs' impoverished financial status. Foster-Bey v. Rubitschun, 2005 U.S. Dist. LEXIS 40135 (E.D. Mich. Apr. 19, 2005).

Defendants moved to dismiss the case on various grounds, including failure to state a claim, statute of limitations bar and qualified immunity. The Court (Judge Edmunds) granted the defendants' motion in part and dismissed plaintiffs' Due Process claim, holding that there was no liberty interest in parole. The Court denied the motion was as to plaintiffs' ex post facto claim, allowing litigation to continue on that issue. Foster-Bey v. Rubitschun, 2005 WL 2010181, 2005 U.S. Dist. LEXIS 40869 (E.D.Mich. Aug 18, 2005)

On October 26, 2005, The Court (Judge Edmunds) granted plaintiffs' motion for class certification, defining the class as all parolable life inmates in the custody of the Michigan Department of Corrections who were convicted before October 1, 1992, and whose parole the "new" parole board has denied, passed over, expressed no interest in pursuing, or otherwise rejected or deferred.

Shortly thereafter, Judge Edmunds disqualified herself, and the action was reassigned to District Judge Marianne O. Battani. Judge Battani later redefined the class as consisting of:

"All parolable lifers in the custody of the Michigan Department of Corrections who committed crimes (for which they received a parolable life sentence) before October 1, 1992, and whose parole the "new" parole board has denied, passed over, expressed no interest in pursuing, or otherwise rejected or deferred. Excluded from this definition are so-called "drug lifers" who were convicted of distribution or possession of controlled substances, regardless of whether the crime was originally one subject to parolable life or one converted to parolable life at a later time."

The parties then filed cross-motions for summary judgment on the ex post facto claim. The Court (Judge Battani) entered summary judgment in favor of plaintiffs, finding that the changes to Michigan's parole policies since October 1, 1992, as applied to non-drug parolable lifers who committed crimes before that date, were unconstitutional. Foster-Bey v. Rubitschun, 2007 U.S. Dist. LEXIS 95748 ( E.D. Mich. Oct. 23, 2007).

On February 7, 2008, the Court (Judge Battani) issued a first remedial injunctive order, directing state officials to begin parole proceedings for the estimated 1000 class members, using the review process that was in place in 1992, prior to the subject changes. The injunction set forth detailed instructions for implementing the parole proceedings and for reporting remediation efforts to the Court.

In March 2008, the defendants appealed to the U.S. Court of Appeals for the Sixth Circuit. The defendants appealed the District Court's grant of plaintiffs' motion for summary judgment, entry of the declaratory judgment and permanent injunction and award of plaintiffs' costs and attorney fees. The plaintiffs cross-appealed the dismissal of their due process claim.

On February 28, 2010, in a published opinion, the Sixth Circuit reversed the district court's grant of plaintiffs' motion for summary judgment and remanded the case to the District Court with instructions to grant the defendants' motion for summary judgment. Accordingly, the Sixth Circuit vacated the permanent injunction and reversed the award of plaintiffs' costs and attorney fees. The Sixth Circuit affirmed the District Court's dismissal of plaintiffs' due process claim.

On March 02, 2010, the plaintiffs filed a petition for en banc rehearing. The Sixth Circuit denied the petition on April 04, 2010. On July 23, 2010, the plaintiffs filed a petition for writ of certiorari in the U.S. Supreme Court. On October 07, 2010, the U.S. Supreme Court denied the certiorari petition.

(Updated 03/19/2012)

Summary Authors

Xin Chen (3/20/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4758444/parties/foster-v-rubitschun/

Judge(s)

Battani, Marianne O. (Michigan)

Edmunds, Nancy Garlock (Michigan)

Attorney for Plaintiff

Attorney for Defendant

Campbell, Christine M. (Michigan)

Friedman, Leo H. (Michigan)

General, Kevin R.

Judge(s)

Battani, Marianne O. (Michigan)

Edmunds, Nancy Garlock (Michigan)

Hood, Joseph Martin (Kentucky)

Kennedy, Cornelia Groefsema (Michigan)

Ludington, Thomas Lamson (Michigan)

Morgan, Virginia M. (Michigan)

Rogers, John M. (District of Columbia)

Attorney for Plaintiff

Reingold, Paul (Michigan)

Turow, Rachel (Michigan)

Weiner, Caleb (Michigan)

Attorney for Defendant

Campbell, Christine M. (Michigan)

Friedman, Leo H. (Michigan)

General, Kevin R.

Govorchin, A. Peter (Michigan)

Himebaugh, Kevin R. (Michigan)

Monticello, Frank J. (Michigan)

Restuccia, B. Eric

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:05-cv-71318	Docket [PACER] Foster v. Sampson	April 22, 2010	April 22, 2010 Docket
08-01371	Docket (6th Circuit) Foster v. Booker U.S. Court of Appeals for the Sixth Circuit	Oct. 7, 2010	Oct. 7, 2010 Docket
1 2:05-cv-71318	Class Action Complaint Foster-Bey v. Rubitschun	April 5, 2005	April 5, 2005 Complaint
5 2:05-cv-71318	Order Granting in Part and Denying in Part Plaintiffs' Motion to Proceed In Forma Pauperis Pursuant to 28 U.S.C. § 1915(g) Foster-Bey v. Rubitschun	April 19, 2005	April 19, 2005 Order/Opinion 2005 U.S.Dist.LEXIS 40135
44 2:05-cv-71318	Order Granting in Part and Denying in Part Defendants' Motion to Dismiss Foster-Bey v. Rubitschun	Aug. 18, 2005	Aug. 18, 2005 Order/Opinion 2005 WL 2010181
102 2:05-cv-71318	Order Dismissing Claims Against the Defendants in their Individual Capacities and Amending the Case Caption Foster-Bey v. Rubitschun	Sept. 28, 2005	Sept. 28, 2005 Order/Opinion
106 2:05-cv-71318	Order Granting Class Certification Foster-Bey v. Rubitschun	Oct. 26, 2005	Oct. 26, 2005 Order/Opinion
109 2:05-cv-71318	Order Henderson v. Rubitschun	Feb. 6, 2006	Feb. 6, 2006 Order/Opinion
1:06-cv-13274	Order Adopting Magistrate Judge's Report and Recommendation, Overruling Plaintiff's Objections, Granting Defendants' Motion to Dismiss, and Dismissing Case Henderson v. Rubitschun	June 5, 2007	June 5, 2007 Order/Opinion 2007 U.S.Dist.LEXIS 40634
142 2:05-cv-71318	Amended Order of Class Certification Foster-Bey v. Rubitschun	July 3, 2007	July 3, 2007 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4758444/foster-v-rubitschun/

Last updated Oct. 29, 2026, 7:22 p.m.

Change selected docket

Docket for: Foster v. Rubitschun

ECF Number	Date	Description	Link
1	April 5, 2005	CLASS ACTION COMPLAINT with exhibits 1-7, Receipt No. IFP. (Attachments: # 1 Document Continuation)(JPur, ) (Entered: 04/06/2005)	RECAP
2	April 5, 2005	MOTIONS to proceed in forma pauperis by plaintiffs. (Attachments: # 1 Document Continuation)(JPur, ) (Entered: 04/06/2005)	RECAP
3	April 5, 2005	MOTION for Class Certification by plaintiffs. (JPur, ) (Entered: 04/06/2005)	RECAP
4	April 11, 2005	Prisoner Trust Fund Account Statement by Gerald Hessell.(JPur2, ) (Entered: 04/12/2005)	RECAP
5	April 19, 2005	ORDER granting in part and denying in part 2 Application to Proceed Without Prepayment of Fees filed by Kenneth Foster,, John Alexander,, Gerald Hessell,, Waymon Kincaid,, Robert Weisenauer,, William Sleeper,, Eric McCullum,. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 04/19/2005)	RECAP
6	April 27, 2005	CERTIFICATE OF SERVICE by plaintiffs of 1 Complaint. (DPer, ) (Entered: 04/29/2005)	RECAP
7	April 27, 2005	CERTIFICATE OF SERVICE by plaintiffs of 1 Complaint. (DPer, ) (Entered: 04/29/2005)	RECAP
13	May 10, 2005	NOTICE of filing fee paid in full. (DPer, ) (Entered: 05/13/2005)	RECAP
8	May 12, 2005	ATTORNEY APPEARANCE: Frank J. Monticello appearing on behalf of all defendants.(Monticello, Frank) (Entered: 05/12/2005)	RECAP
9	May 12, 2005	MOTION to Dismiss with Brief in Support by all defendants. (Attachments: # 1 Exhibit Opinion)(Monticello, Frank) (Entered: 05/12/2005)	RECAP
10	May 12, 2005	ATTORNEY APPEARANCE: Kevin R. Himebaugh appearing on behalf of all defendants.(Himebaugh, Kevin) (Entered: 05/12/2005)	RECAP
11	May 12, 2005	MOTION Hold Motion for Class Certification in Abeyance re 3 MOTION to Certify Class with Brief in Support by all defendants. (Monticello, Frank) (Entered: 05/12/2005)	RECAP
12	May 12, 2005	MOTION to Stay Discovery with Brief in Support by all defendants. (Attachments: # 1 Exhibit Discovery)(Monticello, Frank) (Entered: 05/12/2005)	RECAP
14	May 12, 2005	LETTER from Robert Weisenauer. (DPer, ) (Entered: 05/16/2005)	RECAP
15	May 17, 2005	FEE Received in the amount of $35.71 for Partial Payment of Filing Fee by John Alexander - Receipt No. 5591-AA (JPur, ) (Entered: 05/17/2005)	RECAP
16	May 18, 2005	NOTICE of hearing on 9 MOTION to Dismiss with Brief in Support, 11 MOTION Hold Motion for Class Certification in Abeyance re 3 MOTION to Certify Class with Brief in Support, 12 MOTION to Stay Discovery with Brief in Support. Motion Hearing set for 6/29/2005 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 05/18/2005)	RECAP
17	May 19, 2005	NOTICE of filing fee paid in full by Robert Weisenauer (NHoll, ) (Entered: 05/19/2005)	RECAP
18	May 19, 2005	NOTICE of Filing Fee paid in full by John Alexander. (NHoll, ) (Entered: 05/20/2005)	RECAP
19	June 1, 2005	RESPONSE to 12 MOTION to Stay Discovery with Brief in Support filed by Kenneth Foster. (Attachments: # 1 Exhibit First Interrogatories)(Reingold, Paul) (Entered: 06/01/2005)	RECAP
20	June 1, 2005	RESPONSE to 11 MOTION Hold Motion for Class Certification in Abeyance re 3 MOTION to Certify Class with Brief in Support filed by Kenneth Foster. (Reingold, Paul) (Entered: 06/01/2005)	RECAP
21	June 1, 2005	Ex Parte MOTION for Leave to File Excess Pages by Kenneth Foster. (Reingold, Paul) (Entered: 06/01/2005)	RECAP
22	June 1, 2005	RESPONSE to 9 MOTION to Dismiss with Brief in Support filed by Kenneth Foster. (Attachments: # 1 Exhibit Johnson# 2 Exhibit Curtis)(Reingold, Paul) (Entered: 06/01/2005)	RECAP
23	June 6, 2005	ORDER granting 21 Motion for Leave to File Excess Pages- Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 06/06/2005)	RECAP
24	June 6, 2005	ORDER granting 11 Motion to hold plaintiffs' motion for class certification in abeyance and granting 12 Motion to Stay discovery, and cancelling hearing.- Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 06/06/2005)	RECAP
31	June 8, 2005	NOTICE of filing fee paid in full by William Sleeper. (DPer, ) (Entered: 07/07/2005)	RECAP
25	June 9, 2005	REPLY to Response re 9 MOTION to Dismiss with Brief in Support filed by John S. Rubitschun, James Atterberry, Miguel Berrios, Charles Braddock, Stephen DeBoer, Enid Livingston, James Quinlan, Marianne Samper, Barbara Sampson, Artina Hartman, Patricia L. Caruso. (Attachments: # 1 Exhibit Attachment)(Himebaugh, Kevin) (Entered: 06/09/2005)	RECAP
26	June 9, 2005	CERTIFICATE OF SERVICE by John S. Rubitschun, James Atterberry, Miguel Berrios, Charles Braddock, Stephen DeBoer, Enid Livingston, James Quinlan, Marianne Samper, Barbara Sampson, Artina Hartman, Patricia L. Caruso re 25 Reply to Response to Motion,. (Himebaugh, Kevin) (Entered: 06/09/2005)	RECAP
27	June 15, 2005	REPLY to Response re 9 MOTION to Dismiss with Brief in Support CORRECTED REPLY with Proof of Service filed by John S. Rubitschun, James Atterberry, Miguel Berrios, Charles Braddock, Stephen DeBoer, Enid Livingston, James Quinlan, Marianne Samper, Barbara Sampson, Artina Hartman, Patricia L. Caruso. (Himebaugh, Kevin) (Entered: 06/15/2005)	RECAP
28	June 24, 2005	NOTICE of hearing on 9 MOTION to Dismiss with Brief in Support, 3 MOTION to Certify Class. Motion Hearing re-set for 7/13/2005 02:00 PM before Honorable Nancy G Edmunds. (CHem, ) (Entered: 06/24/2005)	RECAP
29	July 6, 2005	MOTION to Reassign Case and/ or consolidation by Kenneth Foster. (Reingold, Paul) (Entered: 07/06/2005)	RECAP
30	July 6, 2005	CERTIFICATE OF SERVICE by Kenneth Foster. (Reingold, Paul) (Entered: 07/06/2005)	RECAP
	July 13, 2005	Minute Entry -Motion Hearing held on 7/13/2005 re 9 MOTION to Dismiss with Brief in Support filed by Patricia L. Caruso,, John S. Rubitschun,, James Quinlan,, Charles Braddock,, Marianne Samper,, Miguel Berrios,, James Atterberry,, Barbara Sampson,, Stephen DeBoer,, Enid Livingston,, Artina Hartman, before Honorable Nancy G Edmunds. (Court Reporter Suzanne Jacques) (CHem, )
32	July 14, 2005	SUPPLEMENTAL BRIEF re 9 MOTION to Dismiss with Brief in Support together with Certificate of Service filed by John S. Rubitschun, James Atterberry, Miguel Berrios, Charles Braddock, Stephen DeBoer, Enid Livingston, James Quinlan, Marianne Samper, Barbara Sampson, Artina Hartman, Patricia L. Caruso. (Attachments: # 1 Exhibit 1)(Himebaugh, Kevin) (Entered: 07/14/2005)	RECAP
33	July 15, 2005	SUPPLEMENTAL BRIEF re 32 Supplemental Brief, Response filed by Kenneth Foster. (Attachments: # 1 Exhibit Motion and Brief for Rehearing# 2 Exhibit Hill Opinion)(Reingold, Paul) (Entered: 07/15/2005)	RECAP
34	July 15, 2005	ATTORNEY SUBSTITUTION for John S. Rubitschun, James Atterberry, Miguel Berrios, Charles Braddock, Stephen DeBoer, Enid Livingston, James Quinlan, Marianne Samper, Barbara Sampson, Artina Hartman, Patricia L. Caruso: Leo H. Friedman added. Attorney Frank J. Monticello terminated. Substituted Appearance of Counsel.(Friedman, Leo) (Entered: 07/15/2005)	RECAP
35	July 15, 2005	CERTIFICATE OF SERVICE by John S. Rubitschun, James Atterberry, Miguel Berrios, Charles Braddock, Stephen DeBoer, Enid Livingston, James Quinlan, Marianne Samper, Barbara Sampson, Artina Hartman, Patricia L. Caruso re 34 Attorney Substitution, Substituted Appearance of Counsel. (Friedman, Leo) (Entered: 07/15/2005)	RECAP
36	July 21, 2005	ORDER Requiring Supplemental Briefing to 9 Motion to Dismiss. Response due: 8/1/2005. Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 07/21/2005)	RECAP
37	July 25, 2005	STIPULATION for Extension of Time for Filing Supplemental Briefs by Kenneth Foster.(Reingold, Paul) (Entered: 07/25/2005)	RECAP
38	Aug. 1, 2005	MOTION for enlargement of time to file objections to order of consolidation by Anthony Lynch. (DPer, ) (Entered: 08/02/2005)	RECAP
39	Aug. 10, 2005	SUPPLEMENTAL BRIEF re 32 Supplemental Brief, motion to dismiss filed by Kenneth Foster. (Attachments: # 1 Exhibit A - No Way Out)(Reingold, Paul) (Entered: 08/10/2005)	RECAP
40	Aug. 15, 2005	RESPONSE to 36 Order Requiring Responsive Pleading with Certificate of Service by John S. Rubitschun, James Atterberry, Miguel Berrios, Charles Braddock, Stephen DeBoer, Enid Livingston, James Quinlan, Marianne Samper, Barbara Sampson, Artina Hartman, Patricia L. Caruso. (Attachments: # 1 Exhibit 1 - Hill Opinion)(Himebaugh, Kevin) (Entered: 08/15/2005)	RECAP
41	Aug. 16, 2005	[STRICKEN AS OF 8/17/2005] REPLY to Response re 12 MOTION to Stay Discovery with Brief in Support, 9 MOTION to Dismiss with Brief in Support filed by Kenneth Foster. (Reingold, Paul) Modified on 8/18/2005 (NHoll, ). Additional attachment(s) added on 8/23/2005 (NHoll, ). (Entered: 08/16/2005)	RECAP
42	Aug. 17, 2005	SUPPLEMENTAL BRIEF re 32 Supplemental Brief,, 39 Supplemental Brief Corrected Version filed by Kenneth Foster. (Attachments: # 1 Exhibit No Way Out)(Reingold, Paul) (Entered: 08/17/2005)	RECAP
43	Aug. 17, 2005	ORDER Striking 41 Reply to Response to Motion filed by Kenneth Foster. Signed by Honorable Nancy G Edmunds. (NHoll, ) (Entered: 08/18/2005)	RECAP
44	Aug. 18, 2005	ORDER granting in part and denying in part 9 Motion to Dismiss- Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 08/18/2005)	RECAP
45	Aug. 18, 2005	ORDER granting 38 Motion to Extend time to file objections to consolidation to 9/2/2005. - Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 08/18/2005)	RECAP
46	Aug. 19, 2005	MOTION for Reconsideration re 44 Order on Motion to Dismiss -Motion for Partial Reconsideration with Brief in Support and Certificate of Service by all defendants. (Himebaugh, Kevin) (Entered: 08/19/2005)	RECAP
47	Aug. 22, 2005	ORDER denying 46 Motion for Reconsideration - Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 08/22/2005)	RECAP
48	Aug. 26, 2005	Mail Returned as Undeliverable. Mail sent to James Clark re 47 Order on Motion for Reconsideration. (NHoll, ) (Entered: 08/29/2005)	RECAP
51	Aug. 26, 2005	Sealed Matter (B).(DTyle, ) (Entered: 08/30/2005)	RECAP
49	Aug. 29, 2005	CERTIFICATE OF SERVICE by plaintiffs re 1 Complaint upon Patricia Caruso. (DTyle, ) (Entered: 08/30/2005)	RECAP
50	Aug. 29, 2005	CERTIFICATE OF SERVICE by plaintiffs Anthony Lynch, James Clark, Holley Davis, Johnathan Martin, Billy Ray Abernathy, Brian Hagood, Brian Luckett, Timothy Ganderson of complaint served upon John Rubitschun. (DTyle, ) (Entered: 08/30/2005)	RECAP
52	Aug. 29, 2005	SUMMONS Returned Executed. James Atterberry served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)	RECAP
54	Aug. 29, 2005	SUMMONS Returned Executed. Charles Braddock served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)	RECAP
55	Aug. 29, 2005	SUMMONS Returned Executed. Stephen DeBoer served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)	RECAP
56	Aug. 29, 2005	SUMMONS Returned Executed. Artina Hartman served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)	RECAP
57	Aug. 29, 2005	SUMMONS Returned Executed. Marianne Samper served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)	RECAP
58	Aug. 29, 2005	SUMMONS Returned Executed. Barbara Sampson served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)	RECAP
59	Aug. 29, 2005	SUMMONS Returned Executed. Enid Livingston served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)	RECAP
60	Aug. 29, 2005	SUMMONS Returned Executed. James Quinlan served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)	RECAP
53	Aug. 30, 2005	SUMMONS Returned Executed. Miguel Berrios served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)	RECAP
61	Aug. 31, 2005	RESPONSE to 38 MOTION TO EXTEND for Severance of Claims filed by Kenneth Foster. (Reingold, Paul) (Entered: 08/31/2005)	RECAP
62	Sept. 1, 2005	NOTICE of Appearance by Kevin R. Himebaugh on behalf of John S. Rubitschun, James Atterberry, Miguel Berrios, Charles Braddock, Stephen DeBoer, Enid Livingston, James Quinlan, Marianne Samper, Barbara Sampson, Artina Hartman, Patricia L. Caruso. (Himebaugh, Kevin) (Entered: 09/01/2005)	RECAP
63	Sept. 6, 2005	RESPONSE to 38 MOTION TO EXTEND and to Lynch-Bey Plaintiffs' Motion for Severance of Claims filed by John S. Rubitschun, James Atterberry, Miguel Berrios, Charles Braddock, Stephen DeBoer, Enid Livingston, James Quinlan, Marianne Samper, Barbara Sampson, Artina Hartman, Patricia L. Caruso. (Himebaugh, Kevin) (Entered: 09/06/2005)	RECAP
64	Sept. 6, 2005	MOTION for Severance of Claims by Anthony Lynch. (NHoll, ) (Entered: 09/07/2005)	RECAP
65	Sept. 12, 2005	RESPONSE to 3 MOTION to Certify Class with Certificate of Service filed by John S. Rubitschun, James Atterberry, Miguel Berrios, Charles Braddock, Stephen DeBoer, Enid Livingston, James Quinlan, Marianne Samper, Barbara Sampson, Artina Hartman, Patricia L. Caruso. (Himebaugh, Kevin) (Entered: 09/12/2005)	RECAP
96	Sept. 12, 2005	MOTION to Intervene as Plaintiff's by Larissa Barclay, Cassandra Barlow, Onie C. Bradford, Loretta Bradley, Annie Jackson, Kyle Jackson, Lutricia Long, Ernestine Lynch, Vicki Davis Mack. (NHoll, ) (Entered: 09/19/2005)	RECAP
66	Sept. 13, 2005	NOTICE of Filing Rule 5 Materials by Anthony Lynch. (NHoll, ) (Entered: 09/15/2005)	RECAP
67	Sept. 13, 2005	STATE Court Record - Supreme Court Case No. 04-00031-AA-C30.(NHoll, ) (Main Document 67 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
68	Sept. 13, 2005	STATE Court Record - State of Michigan, Department of Corrections.(NHoll, ) (Main Document 68 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
69	Sept. 13, 2005	STATE Court Record - Copy of Letter from State of Michigan, Dept. of Corrections.(NHoll, ) (Entered: 09/15/2005)	RECAP
70	Sept. 13, 2005	STATE Court Record - Petition for Judicial Review; Ingham County Circuit Court.(NHoll, ) (Main Document 70 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
71	Sept. 13, 2005	STATE Court Record - State of Michigan, Case No. 04-31-AA.(NHoll, ) (Main Document 71 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
72	Sept. 13, 2005	STATE Court Record - Ingham County Circuit Court, Case No. 04-31-AA.(NHoll, ) (Main Document 72 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
73	Sept. 13, 2005	STATE Court Record - State of Michigan, Case No. 04-31-AA.(NHoll, ) (Main Document 73 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
74	Sept. 13, 2005	STATE Court Record - Ingham County Circuit Court, Case No. 04-31-AA.(NHoll, ) (Main Document 74 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
75	Sept. 13, 2005	STATE Court Record - Ingham County Circuit Court, Case No. 04-31-AA.(NHoll, ) (Entered: 09/15/2005)	RECAP
76	Sept. 13, 2005	STATE Court Record - State of Michigan, Case No. 04-31-AA.(NHoll, ) (Main Document 76 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
77	Sept. 13, 2005	STATE Court Record - Ingham County Circuit Court, Case No. 04-31-AA.(NHoll, ) (Main Document 77 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
78	Sept. 13, 2005	STATE Court Record - Ingham County Circuit Court, Case No. 04-31-AA.(NHoll, ) (Main Document 78 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
79	Sept. 13, 2005	STATE Court Record - Ingham County Circuit Court, Case No. 04-31-AA.(NHoll, ) (Main Document 79 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
80	Sept. 13, 2005	STATE Court Record - State of Michigan, Case No. 04-31-AA.(NHoll, ) (Main Document 80 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
81	Sept. 13, 2005	STATE Court Record - Ingham County Circuit Court, Case No. 04-31-AA.(NHoll, ) (Main Document 81 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
82	Sept. 13, 2005	STATE Court Record - State of Michigan, Case No. 04-31-AA.(NHoll, ) (Main Document 82 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
83	Sept. 13, 2005	STATE Court Record - Ingham Coounty Circuit Court, Case No. 04-31-AA.(NHoll, ) (Main Document 83 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
84	Sept. 13, 2005	STATE Court Record - Ingham County Circuit Court, Case No. 04-31-AA.(NHoll, ) (Main Document 84 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
85	Sept. 13, 2005	STATE Court Record - Ingham County Circuit Court, Case No. 04-31-AA.(NHoll, ) (Main Document 85 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
86	Sept. 13, 2005	STATE Court Record - Thirtieth Judicial Circuit Court, Case No. 04-31-AA.(NHoll, ) (Entered: 09/15/2005)	RECAP
87	Sept. 13, 2005	STATE Court Record - Michigan Court of Appeals, Case No. 04-31-AA.(NHoll, ) (Entered: 09/15/2005)	RECAP
88	Sept. 13, 2005	STATE Court Record - Michigan Court of Appeals, Case No. 257290.(NHoll, ) (Main Document 88 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
89	Sept. 13, 2005	STATE Court Record - Michigan Court of Appeals, Case No. 257290.(NHoll, ) (Main Document 89 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
90	Sept. 13, 2005	STATE Court Record - Michigan Court of Appeals Case No. 257290.(NHoll, ) (Main Document 90 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
91	Sept. 13, 2005	STATE Court Record - Ingham County Circuit Court Case No. 257290.(NHoll, ) (Main Document 91 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
92	Sept. 13, 2005	STATE Court Record - Michigan Court of Appeals, Case No. 257290.(NHoll, ) (Entered: 09/15/2005)	RECAP
93	Sept. 13, 2005	STATE Court Record - Letter to Michigan Supreme Court by Lynch.(NHoll, ) (Main Document 93 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)	RECAP
94	Sept. 13, 2005	STATE Court Record - Michigan Supreme Court Case No. 257290.(NHoll, ) (Entered: 09/15/2005)	RECAP
95	Sept. 13, 2005	EX PARTE REQUEST for leave to file brief exceeding 20 page limitation by all plaintiffs. (NHoll, ) (Entered: 09/15/2005)	RECAP
97	Sept. 22, 2005	AMENDED CERTIFICATE OF SERVICE by Anthony Lynch. (DPer, ) (Entered: 09/23/2005)	RECAP
98	Sept. 23, 2005	EX PARTE NOTICE of intent to file motion to intervene as plaintiff's by Melvin Gunn. (NHoll, ) (Entered: 09/26/2005)	RECAP
99	Sept. 23, 2005	MOTION to Strike Responses and/or MOTION for More Definite Statement by all plaintiffs. (NHoll, ) (Entered: 09/26/2005)	RECAP

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Case Details

State / Territory:

Michigan

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 5, 2005

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All parolable life inmates in the custody of the Michigan Department of Corrections who were convicted before 10/1/92, and whose parole the “new” parole board has denied, passed over, expressed no interest in pursuing, or otherwise rejected or deferred.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Michigan Clinical Law Program

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Michigan Department of Corrections

Michigan Parole Board