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 t…

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In an unpublished opinion, The Court (Judge Nancy G. Edmunds) refused to waive the filing fee based on plaintiffs' impoverished financial status.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)

Hood, Joseph Martin (Kentucky)

Kennedy, Cornelia Groefsema (Michigan)

Ludington, Thomas Lamson (Michigan)

Morgan, Virginia M. (Michigan)

Rogers, John M. (District of Columbia)

Attorneys(s) for Plaintiff

Reingold, Paul (Michigan)

Turow, Rachel (Michigan)

Weiner, Caleb (Michigan)

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)

Attorneys(s) for Plaintiff

Reingold, Paul (Michigan)

Turow, Rachel (Michigan)

Weiner, Caleb (Michigan)

Attorneys(s) for Defendant

Campbell, Christine M. (Michigan)

Friedman, Leo H. (Michigan)

Govorchin, A. Peter (Michigan)

Himebaugh, Kevin R. (Michigan)

Monticello, Frank J. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Foster v. Sampson

April 22, 2010 Docket

Docket (6th Circuit)

Foster v. Booker

U. S. Court of Appeals for the Sixth Circuit

Oct. 7, 2010 Docket
1

Class Action Complaint

Foster-Bey v. Rubitschun

April 5, 2005 Complaint
5

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

2005 U.S.Dist.LEXIS 40135

April 19, 2005 Order/Opinion
44

Order Granting in Part and Denying in Part Defendants' Motion to Dismiss

Foster-Bey v. Rubitschun

2005 WL 2010181

Aug. 18, 2005 Order/Opinion
102

Order Dismissing Claims Against the Defendants in their Individual Capacities and Amending the Case Caption

Foster-Bey v. Rubitschun

Sept. 28, 2005 Order/Opinion
106

Order Granting Class Certification

Foster-Bey v. Rubitschun

Oct. 26, 2005 Order/Opinion
109

Order

Henderson v. Rubitschun

Feb. 6, 2006 Order/Opinion

Order Adopting Magistrate Judge's Report and Recommendation, Overruling Plaintiff's Objections, Granting Defendants' Motion to Dismiss, and Dismissing Case

Henderson v. Rubitschun

2007 U.S.Dist.LEXIS 40634

June 5, 2007 Order/Opinion
142

Amended Order of Class Certification

Foster-Bey v. Rubitschun

July 3, 2007 Order/Opinion

Docket

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

Last updated May 20, 2022, 1:46 a.m.

ECF Number Description Date Link
44

ORDER granting in part and denying in part 9 Motion to Dismiss- Signed by Honorable Nancy G Edmunds. (CHem, )

Aug. 18, 2005 RECAP
1

CLASS ACTION COMPLAINT with exhibits 1−7, Receipt No. IFP. (Attachments: # 1 Document Continuation)(JPur, ) (Entered: 04/06/2005)

April 5, 2005
102

ORDER dismissing claims against the defendants in their individual capacities and amending the case caption. Signed by Honorable Nancy G Edmunds. (NHoll, )

Sept. 28, 2005 RECAP
2

MOTIONS to proceed in forma pauperis by plaintiffs. (Attachments: # 1 Document Continuation)(JPur, ) (Entered: 04/06/2005)

April 5, 2005
249

ORDER Denying re: MOTION for Order to Show Cause and objections to def's first progress report filed by Kenneth Foster., ( Progress Report due by 4/30/2009, Miscellaneous Hearing re: Review of Parole Board set for 5/14/2009 02:00 PM before District Judge Marianne O Battani) Signed by District Judge Marianne O Battani. Associated Cases: 2:05-cv-71318-MOB-VMM, 2:05-cv-72378-MOB-VMM (BThe)

Dec. 5, 2008 RECAP
3

MOTION for Class Certification by plaintiffs. (JPur, ) (Entered: 04/06/2005)

April 5, 2005
4

Prisoner Trust Fund Account Statement by Gerald Hessell.(JPur2, ) (Entered: 04/12/2005)

April 11, 2005
5

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)

April 19, 2005
7

CERTIFICATE OF SERVICE by plaintiffs of 1 Complaint. (DPer, ) (Entered: 04/29/2005)

April 27, 2005
13

NOTICE of filing fee paid in full. (DPer, ) (Entered: 05/13/2005)

May 10, 2005
8

ATTORNEY APPEARANCE: Frank J. Monticello appearing on behalf of all defendants.(Monticello, Frank) (Entered: 05/12/2005)

May 12, 2005
9

MOTION to Dismiss with Brief in Support by all defendants. (Attachments: # 1 Exhibit Opinion)(Monticello, Frank) (Entered: 05/12/2005)

May 12, 2005
10

ATTORNEY APPEARANCE: Kevin R. Himebaugh appearing on behalf of all defendants.(Himebaugh, Kevin) (Entered: 05/12/2005)

May 12, 2005
11

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)

May 12, 2005
12

MOTION to Stay Discovery with Brief in Support by all defendants. (Attachments: # 1 Exhibit Discovery)(Monticello, Frank) (Entered: 05/12/2005)

May 12, 2005
14

LETTER from Robert Weisenauer. (DPer, ) (Entered: 05/16/2005)

May 12, 2005
15

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)

May 17, 2005
16

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)

May 18, 2005
17

NOTICE of filing fee paid in full by Robert Weisenauer (NHoll, ) (Entered: 05/19/2005)

May 19, 2005
18

NOTICE of Filing Fee paid in full by John Alexander. (NHoll, ) (Entered: 05/20/2005)

May 19, 2005
19

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)

June 1, 2005
20

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)

June 1, 2005
21

Ex Parte MOTION for Leave to File Excess Pages by Kenneth Foster. (Reingold, Paul) (Entered: 06/01/2005)

June 1, 2005
22

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)

June 1, 2005
23

ORDER granting 21 Motion for Leave to File Excess Pages− Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 06/06/2005)

June 6, 2005
24

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)

June 6, 2005
31

NOTICE of filing fee paid in full by William Sleeper. (DPer, ) (Entered: 07/07/2005)

June 8, 2005
25

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

June 9, 2005
27

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)

June 15, 2005
28

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)

June 24, 2005
29

MOTION to Reassign Case and/ or consolidation by Kenneth Foster. (Reingold, Paul) (Entered: 07/06/2005)

July 6, 2005
30

CERTIFICATE OF SERVICE by Kenneth Foster. (Reingold, Paul) (Entered: 07/06/2005)

July 6, 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, ) (Entered: 07/19/2005)

July 13, 2005
32

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)

July 14, 2005
33

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)

July 15, 2005
34

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)

July 15, 2005
35

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)

July 15, 2005
36

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)

July 21, 2005
37

STIPULATION for Extension of Time for Filing Supplemental Briefs by Kenneth Foster.(Reingold, Paul) (Entered: 07/25/2005)

July 25, 2005
38

MOTION for enlargement of time to file objections to order of consolidation by Anthony Lynch. (DPer, ) (Entered: 08/02/2005)

Aug. 1, 2005
39

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)

Aug. 10, 2005
40

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)

Aug. 15, 2005
41

[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)

Aug. 16, 2005
42

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)

Aug. 17, 2005
43

ORDER Striking 41 Reply to Response to Motion filed by Kenneth Foster. Signed by Honorable Nancy G Edmunds. (NHoll, ) (Entered: 08/18/2005)

Aug. 17, 2005
45

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)

Aug. 18, 2005
46

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)

Aug. 19, 2005
47

ORDER denying 46 Motion for Reconsideration − Signed by Honorable Nancy G Edmunds. (CHem, ) (Entered: 08/22/2005)

Aug. 22, 2005
48

Mail Returned as Undeliverable. Mail sent to James Clark re 47 Order on Motion for Reconsideration. (NHoll, ) (Entered: 08/29/2005)

Aug. 26, 2005
51

Sealed Matter (B).(DTyle, ) (Entered: 08/30/2005)

Aug. 26, 2005
49

CERTIFICATE OF SERVICE by plaintiffs re 1 Complaint upon Patricia Caruso. (DTyle, ) (Entered: 08/30/2005)

Aug. 29, 2005
50

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)

Aug. 29, 2005
52

SUMMONS Returned Executed. James Atterberry served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)

Aug. 29, 2005
54

SUMMONS Returned Executed. Charles Braddock served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)

Aug. 29, 2005
55

SUMMONS Returned Executed. Stephen DeBoer served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)

Aug. 29, 2005
56

SUMMONS Returned Executed. Artina Hartman served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)

Aug. 29, 2005
57

SUMMONS Returned Executed. Marianne Samper served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)

Aug. 29, 2005
58

SUMMONS Returned Executed. Barbara Sampson served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)

Aug. 29, 2005
59

SUMMONS Returned Executed. Enid Livingston served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)

Aug. 29, 2005
60

SUMMONS Returned Executed. James Quinlan served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)

Aug. 29, 2005
53

SUMMONS Returned Executed. Miguel Berrios served on 8/12/2005, answer due 9/1/2005 (DTyle, ) (Entered: 08/30/2005)

Aug. 30, 2005
62

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)

Sept. 1, 2005
63

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)

Sept. 6, 2005
64

MOTION for Severance of Claims by Anthony Lynch. (NHoll, ) (Entered: 09/07/2005)

Sept. 6, 2005
65

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)

Sept. 12, 2005
96

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)

Sept. 12, 2005
66

NOTICE of Filing Rule 5 Materials by Anthony Lynch. (NHoll, ) (Entered: 09/15/2005)

Sept. 13, 2005
67

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)

Sept. 13, 2005
68

STATE Court Record − State of Michigan, Department of Corrections.(NHoll, ) (Main Document 68 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)

Sept. 13, 2005
69

STATE Court Record − Copy of Letter from State of Michigan, Dept. of Corrections.(NHoll, ) (Entered: 09/15/2005)

Sept. 13, 2005
70

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)

Sept. 13, 2005
71

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)

Sept. 13, 2005
72

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)

Sept. 13, 2005
73

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)

Sept. 13, 2005
74

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)

Sept. 13, 2005
75

STATE Court Record − Ingham County Circuit Court, Case No. 04−31−AA.(NHoll, ) (Entered: 09/15/2005)

Sept. 13, 2005
76

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)

Sept. 13, 2005
77

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)

Sept. 13, 2005
78

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)

Sept. 13, 2005
80

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)

Sept. 13, 2005
81

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)

Sept. 13, 2005
82

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)

Sept. 13, 2005
83

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)

Sept. 13, 2005
84

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)

Sept. 13, 2005
85

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)

Sept. 13, 2005
86

STATE Court Record − Thirtieth Judicial Circuit Court, Case No. 04−31−AA.(NHoll, ) (Entered: 09/15/2005)

Sept. 13, 2005
87

STATE Court Record − Michigan Court of Appeals, Case No. 04−31−AA.(NHoll, ) (Entered: 09/15/2005)

Sept. 13, 2005
88

STATE Court Record − Michigan Court of Appeals, Case No. 257290.(NHoll, ) (Main Document 88 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)

Sept. 13, 2005
89

STATE Court Record − Michigan Court of Appeals, Case No. 257290.(NHoll, ) (Main Document 89 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)

Sept. 13, 2005
90

STATE Court Record − Michigan Court of Appeals Case No. 257290.(NHoll, ) (Main Document 90 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)

Sept. 13, 2005
91

STATE Court Record − Ingham County Circuit Court Case No. 257290.(NHoll, ) (Main Document 91 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)

Sept. 13, 2005
92

STATE Court Record − Michigan Court of Appeals, Case No. 257290.(NHoll, ) (Entered: 09/15/2005)

Sept. 13, 2005
93

STATE Court Record − Letter to Michigan Supreme Court by Lynch.(NHoll, ) (Main Document 93 replaced on 8/27/2010) (SSch). (Entered: 09/15/2005)

Sept. 13, 2005
94

STATE Court Record − Michigan Supreme Court Case No. 257290.(NHoll, ) (Entered: 09/15/2005)

Sept. 13, 2005
95

EX PARTE REQUEST for leave to file brief exceeding 20 page limitation by all plaintiffs. (NHoll, ) (Entered: 09/15/2005)

Sept. 13, 2005
97

AMENDED CERTIFICATE OF SERVICE by Anthony Lynch. (DPer, ) (Entered: 09/23/2005)

Sept. 22, 2005
98

EX PARTE NOTICE of intent to file motion to intervene as plaintiff's by Melvin Gunn. (NHoll, ) (Entered: 09/26/2005)

Sept. 23, 2005
99

MOTION to Strike Responses and/or MOTION for More Definite Statement by all plaintiffs. (NHoll, ) (Entered: 09/26/2005)

Sept. 23, 2005
100

REPLY to Response re 64 MOTION to Sever filed by all plaintiffs. (NHoll, ) (Entered: 09/26/2005)

Sept. 23, 2005
101

[FILING ERROR: SIGNATURE BLOCKS INCOMPLETE] STIPULATION dismissing claims against the defendants in their individual capacities and amending the case caption by Kenneth Foster.(Reingold, Paul) Modified on

Sept. 27, 2005

State / Territory: Michigan

Case Type(s):

Criminal Justice (Other)

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

Michigan Department of Corrections (“MDOC”), State

Michigan Parole Board, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Ex Post Facto

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Parole grant/revocation