Case: Houle v. Sampson

2:09-cv-10504 | U.S. District Court for the Eastern District of Michigan

Filed Date: Feb. 10, 2009

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On February 10, 2009, two parolees filed this lawsuit under 42 U.S.C. § 1983 against the State of Michigan Parole Board in the United States Court for the Eastern District of Michigan, Detroit Division. The plaintiffs, represented by several public interest organizations, asked the court for declaratory and injunctive relief, claiming that the Parole Board's conditions of parole were unconstitutional. Specifically, the plaintiffs claimed that the Special Conditions of the parole board in sex of…

On February 10, 2009, two parolees filed this lawsuit under 42 U.S.C. § 1983 against the State of Michigan Parole Board in the United States Court for the Eastern District of Michigan, Detroit Division. The plaintiffs, represented by several public interest organizations, asked the court for declaratory and injunctive relief, claiming that the Parole Board's conditions of parole were unconstitutional. Specifically, the plaintiffs claimed that the Special Conditions of the parole board in sex offender cases, imposed without input from the parolees, that limited romantic relationships, prohibited contact with their own children and minor siblings violated substantive due process.

Plaintiffs were both convicted of sex offenses. One was convicted of attempted criminal sexual conduct in the third degree. The other plaintiff pled no contest to criminal sexual conduct in the third degree. After periods of incarceration, both plaintiffs were eventually released on parole. As a condition of their parole, they were not allowed contact with any minors, even family members, and not allowed to maintain romantic relationships or cohabitate with anyone who had custody of minor children. One of the plaintiffs could not visit his parents (because his minor child resided with the parents). Another could not visit his fiancée because she had custody of a minor child.

On February 19, 2009, Plaintiffs filed a motion for preliminary injunction against the enforcement of the conditions because they were not directly related to rehabilitation. Plaintiffs voluntarily withdrew the motion, because a settlement was in sight.

On April 30, 2010, the Court (Judge Marianna Battani) approved a stipulation and ordered dismissal of the case because the parties had settled. The stipulation provided the plaintiffs would be allowed contact with their children, and that the plaintiffs could have contact with minors, provided an adult responsible for that minor was present. It also allowed plaintiffs to accompany their children to places in which other minors were present, as long as they did not initiate contact with other minors. Finally, the stipulation provided that the plaintiffs could date or marry a person with minor children, if first approved by the field agent.

The case was dismissed with prejudice.

Summary Authors

Blase Kearney (5/15/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4999149/parties/houle-v-sampson/


Judge(s)

Battani, Marianne O. (Michigan)

Scheer, Donald A. (Michigan)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Moss, Kary L. (Michigan)

Reingold, Paul (Michigan)

Sankaran, Vivek (Michigan)

Steinberg, Michael J. (Michigan)

Thomas, Kim (Michigan)

Attorneys(s) for Defendant

Himebaugh, Kevin R. (Michigan)

Judge(s)

Battani, Marianne O. (Michigan)

Scheer, Donald A. (Michigan)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Moss, Kary L. (Michigan)

Reingold, Paul (Michigan)

Sankaran, Vivek (Michigan)

Steinberg, Michael J. (Michigan)

Thomas, Kim (Michigan)

Attorneys(s) for Defendant

Himebaugh, Kevin R. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

June 8, 2009 Docket
1

Complaint

Feb. 10, 2009 Complaint
10

Plaintiff's Brief in Support of Motion for Preliminary Injunction

Feb. 19, 2009 Pleading / Motion / Brief
66

Stipulation and Order of Dismissal

April 30, 2010 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4999149/houle-v-sampson/

Last updated May 20, 2022, 1:59 a.m.

ECF Number Description Date Link
36

ORDER denying (25) Motion to Dismiss; denying (25) Motion for Summary Judgment in case 2:09-cv-10504-MOB-DAS; denying (21) Motion to Dismiss; denying (21) Motion for Summary Judgment in case 2:09-cv-10535-MOB-MKM. (REFER TO IMAGE FOR ADDITIONAL DETAILS). Signed by District Judge Marianne O Battani. Associated Cases: 2:09-cv-10504-MOB-DAS, 2:09-cv-10535-MOB-MKM (BThe)

June 8, 2009 RECAP
1

COMPLAINT filed by Kevin Houle, Harvey Reese against Anthony King, David Kleinhardt, Laurin Thomas, Barbara S Sampson, James Atterberry, Miguel Berrios, Charles Brown, paul condino, Stephen DeBoer, Artina Hardman. Plaintiff requests summons issued. County of 1st Plaintiff: Wayne − County Where Action Arose: Wayne − County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Reingold, Paul) (Entered: 02/10/2009)

Feb. 10, 2009
2

APPLICATION to Proceed In Forma Pauperis by Kevin Houle. (Reingold, Paul) (Entered: 02/10/2009)

Feb. 10, 2009
3

APPLICATION to Proceed In Forma Pauperis by Harvey Reese. (Reingold, Paul) (Entered: 02/10/2009)

Feb. 10, 2009
4

NOTICE of Appearance by Michael J. Steinberg on behalf of Kevin Houle. (Steinberg, Michael) (Entered: 02/11/2009)

Feb. 11, 2009
5

ORDER granting 2 Application to Proceed In Forma Pauperis and denying request for service by the U.S. Marshal as to Kevin Houle. Signed by District Judge Marianne O Battani. (BSoc) (Entered: 02/13/2009)

Feb. 13, 2009
6

ORDER granting 3 Application to Proceed In Forma Pauperis and denying request for service by the U.S. Marshal as to Harvey Reese. Signed by District Judge Marianne O Battani. (BSoc) (Entered: 02/13/2009)

Feb. 13, 2009
7

ATTORNEY APPEARANCE: Miriam J. Aukerman appearing on behalf of Kevin Houle and Harvey Reese (Aukerman, Miriam) (Entered: 02/17/2009)

Feb. 17, 2009
8

SUMMONS Issued for *Anthony King, David Kleinhardt, Laurin Thomas, Barbara S Sampson, James Atterberry, Miguel Berrios, Charles Brown, Paul Condino, Stephen DeBoer, Artina Hardman* (SSch) (Entered: 02/18/2009)

Feb. 18, 2009
9

MOTION for Preliminary Injunction by Kevin Houle, Harvey Reese. (Reingold, Paul) (Entered: 02/19/2009)

Feb. 19, 2009
10

SUPPLEMENTAL BRIEF re 9 MOTION for Preliminary Injunction filed by Kevin Houle, Harvey Reese. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Ex. A Declaration of Harvey Resse, # 3 Exhibit Ex B Parole Conditions of Reese, # 4 Exhibit Ex C DOC Visitation History for Reese, # 5 Exhibit Ex D Psy. Report on Reese, # 6 Exhibit Ex E Letter from Aukerman to Parole Agent Bowker, # 7 Exhibit Ex F Letter from Bowker to Aukerman, # 8 Exhibit Ex G Declaration of Tonja Parker, # 9 Exhibit Ex H Declaration and CV of Marroquin re Reese, # 10 Exhibit Ex I Declaration of Houle, # 11 Exhibit Ex J Parole Conditions of Houle, # 12 Exhibit Ex K Doc Visitation History of Houle, # 13 Index of Exhibits Ex L Psy Report on Houle, # 14 Exhibit Ex M Declaration and CV of Fluent re Houle, # 15 Exhibit Ex N Declaration of Janoskey, # 16 Exhibit Ex O Declaration of Simpson, # 17 Exhibit Ex P Declaration of Rosenblum, # 18 Exhibit Ex Q List of Default Conditions of Parole by Mi Dept., # 19 Exhibit Ex R Operating Procedure: Order for Parole, # 20 Exhibit Ex S Operating Procedure 06.04.100: Probation/Parole Orientation Checklist) (Reingold,

Feb. 19, 2009
12

EXHIBIT re 10 Supplemental Brief,,,, 11 Exhibit by Kevin Houle, Harvey Reese (Attachments: # 1 Exhibit Ex U Unpublished Cases Cited in the Brief) (Reingold, Paul) (Entered: 02/19/2009)

Feb. 19, 2009
13

CERTIFICATE of Service/Summons Returned Executed. Laurin Thomas served on 2/19/2009, answer due 3/11/2009. (Reingold, Paul) (Entered: 02/25/2009)

Feb. 25, 2009
14

CERTIFICATE of Service/Summons Returned Executed. David Kleinhardt served on 2/19/2009, answer due 3/11/2009. (Reingold, Paul) (Entered: 02/25/2009)

Feb. 25, 2009
15

CERTIFICATE of Service/Summons Returned Executed. Anthony King served on 2/19/2009, answer due 3/11/2009. (Reingold, Paul) (Entered: 02/25/2009)

Feb. 25, 2009
16

CERTIFICATE of Service/Summons Returned Executed. Artina Hardman served on 2/19/2009, answer due 3/11/2009. (Reingold, Paul) (Entered: 02/25/2009)

Feb. 25, 2009
17

CERTIFICATE of Service/Summons Returned Executed. Stephen DeBoer served on 2/19/2009, answer due 3/11/2009. (Reingold, Paul) (Entered: 02/25/2009)

Feb. 25, 2009
18

CERTIFICATE of Service/Summons Returned Executed. Paul Condino served on 2/19/2009, answer due 3/11/2009. (Reingold, Paul) (Entered: 02/25/2009)

Feb. 25, 2009
19

CERTIFICATE of Service/Summons Returned Executed. Charles Brown served on 2/19/2009, answer due 3/11/2009. (Reingold, Paul) (Entered: 02/25/2009)

Feb. 25, 2009
20

CERTIFICATE of Service/Summons Returned Executed. Miguel Berrios served on 2/19/2009, answer due 3/11/2009. (Reingold, Paul) (Entered: 02/25/2009)

Feb. 25, 2009
21

CERTIFICATE of Service/Summons Returned Executed. James Atterberry served on 2/19/2009, answer due 3/11/2009. (Reingold, Paul) (Entered: 02/25/2009)

Feb. 25, 2009
22

CERTIFICATE of Service/Summons Returned Executed. Barbara S Sampson served on 2/19/2009, answer due 3/11/2009. (Reingold, Paul) (Entered: 02/25/2009)

Feb. 25, 2009
23

NOTICE of hearing on 9 MOTION for Preliminary Injunction. Responses due by 4/7/2009 Replies due by 4/24/2009 Motion Hearing set for 6/3/2009 02:00 PM before District Judge Marianne O Battani . (CMot) (Entered: 03/10/2009)

March 10, 2009
24

NOTICE of Appearance by Kevin R. Himebaugh on behalf of Anthony King, David Kleinhardt, Laurin Thomas, Barbara S Sampson, James Atterberry, Miguel Berrios, Charles Brown, Paul Condino, Stephen DeBoer, Artina Hardman. (Himebaugh, Kevin) (Entered: 03/12/2009)

March 12, 2009
25

MOTION to Dismiss and/or , MOTION for Summary Judgment by Anthony King, David Kleinhardt, Laurin Thomas, Barbara S Sampson, James Atterberry, Miguel Berrios, Charles Brown, Paul Condino, Stephen DeBoer, Artina Hardman. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − OTIS Profile of Kevin Houle, # 3 Exhibit 2 − OTIS Profile of Harvey Dale Reese, Jr., # 4 Exhibit 3 − Special Conditions for Harvey Reese, # 5 Exhibit 4 − Affidavit of John Rubitschun) (Himebaugh, Kevin) (Entered: 03/12/2009)

March 12, 2009
26

NOTICE of hearing on 25 MOTION to Dismiss and/or MOTION for Summary Judgment. Responses due by 4/7/2009 Replies due by 4/24/2009 Motion Hearing set for 6/3/2009 02:00 PM before District Judge Marianne O Battani . (CMot) (Entered: 03/13/2009)

March 13, 2009
27

RESPONSE to 9 MOTION for Preliminary Injunction filed by Anthony King, David Kleinhardt, Laurin Thomas, Barbara S Sampson, James Atterberry, Miguel Berrios, Charles Brown, Paul Condino, Stephen DeBoer, Artina Hardman. (Attachments: # 1 Exhibit 1 − Aff of Sampson) (Himebaugh, Kevin) (Entered: 04/03/2009)

April 3, 2009
28

RESPONSE to 25 MOTION to Dismiss and/or MOTION for Summary Judgment filed by Kevin Houle, Harvey Reese. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit Ex A Dec. of Harvey Reese, # 3 Exhibit Ex B Dec of Kevin Houle, # 4 Exhibit Ex C Dec of Tonja Reese, # 5 Exhibit Ex D Dec of Rose Houle, # 6 Exhibit, # 7 Exhibit Ex F Dec of Brandon Wilson) (Reingold, Paul) (Entered: 04/07/2009)

April 7, 2009
29

EXHIBIT Updated Signed copy re 28 Response to Motion, by Kevin Houle, Harvey Reese (Attachments: # 1 Exhibit Ex E Signed Dec.) (Reingold, Paul) (Entered: 04/07/2009)

April 7, 2009
31

REPLY to Response re (8 in 2:09−cv−10535−MOB−MKM) MOTION for Preliminary Injunction filed by TH, AR. Associated Cases: 2:09−cv−10535−MOB−MKM, 2:09−cv−10504−MOB−DAS (Sankaran, Vivek) (Entered: 04/20/2009)

April 20, 2009
32

REPLY to Response re (9 in 2:09−cv−10504−MOB−DAS) MOTION for Preliminary Injunction, (8 in 2:09−cv−10535−MOB−MKM) MOTION for Preliminary Injunction filed by Kevin Houle, Harvey Reese, TH, Rose Houle, Tonja Parker. (Attachments: # 1 Exhibit Ex 1 Revised Conditions)Associated Cases: 2:09−cv−10504−MOB−DAS, 2:09−cv−10535−MOB−MKM (Reingold, Paul) (Entered: 04/24/2009)

April 24, 2009
33

REPLY to Response re (25 in 2:09−cv−10504−MOB−DAS, 25 in 2:09−cv−10504−MOB−DAS) MOTION to Dismiss and/or MOTION for Summary Judgment, (21 in 2:09−cv−10535−MOB−MKM, 21 in 2:09−cv−10535−MOB−MKM) MOTION to Dismiss and/or MOTION for Summary Judgment filed by Anthony King, David Kleinhardt, Laurin Thomas, Barbara S Sampson, James Atterberry, Miguel Berrios, Charles Brown, Paul Condino, Stephen DeBoer, Artina Hardman, Barbara Sampson, Charles Brown. (Attachments: # 1 Index of Exhibits List of EXhibits, # 2 Exhibit 1 − Case Report for Kevin Houle, # 3 Exhibit 2 − Case Report for Harvey Reese)Associated Cases: 2:09−cv−10504−MOB−DAS, 2:09−cv−10535−MOB−MKM (Himebaugh, Kevin) (Entered: 04/24/2009)

April 24, 2009
34

MOTION to Intervene Ken Levy by Kevin Houle, Harvey Reese, TH, Rose Houle, Tonja Parker, AR. (Attachments: # 1 Index of Exhibits Index of Exs, # 2 Exhibit Ex A Levy's Declaration, # 3 Exhibit Ex B Special Conditions of Parole for Levy, # 4 Exhibit Ex C Kristy Levy Declaration, # 5 Exhibit Ex D SOT Termination Report, # 6 Exhibit Ex E Psy Report of Dr Rosenberg)Associated Cases: 2:09−cv−10504−MOB−DAS, 2:09−cv−10535−MOB−MKM (Reingold, Paul) (Entered: 05/28/2009)

May 28, 2009
35

MOTION to Intervene R.L. by TH, AR. Associated Cases: 2:09−cv−10535−MOB−MKM, 2:09−cv−10504−MOB−DAS (Sankaran, Vivek) (Entered: 05/28/2009)

May 28, 2009

Minute Entry −Motion Hearing held on 6/3/2009 re (9 in 2:09−cv−10504−MOB−DAS) MOTION for Preliminary Injunction filed by Harvey Reese, Kevin Houle, (25 in 2:09−cv−10504−MOB−DAS, 25 in 2:09−cv−10504−MOB−DAS) MOTION to Dismiss and/or MOTION for Summary Judgment filed by Miguel Berrios, David Kleinhardt, Anthony King, Stephen DeBoer, Paul Condino, Charles Brown, James Atterberry, Artina Hardman, Barbara S Sampson, Laurin Thomas, (8 in 2:09−cv−10535−MOB−MKM) MOTION for Preliminary Injunction filed by AR, TH, (21 in 2:09−cv−10535−MOB−MKM, 21 in 2:09−cv−10535−MOB−MKM) MOTION to Dismiss and/or MOTION for Summary Judgment filed by Barbara Sampson, Miguel Berrios, David Kleinhardt, Anthony King, Paul Condino, Stephen DeBoer, Charles Brown, James Atterberry, Artina Hardman, Laurin Thomas before District Judge Marianne O Battani. (Court Reporter Allen Burnham) Associated Cases: 2:09−cv−10504−MOB−DAS, 2:09−cv−10535−MOB−MKM (CMot) (Entered: 06/04/2009)

June 3, 2009

Set/Reset Deadlines as to (9 in 2:09−cv−10504−MOB−DAS) MOTION for Preliminary Injunction, (8 in 2:09−cv−10535−MOB−MKM) MOTION for Preliminary Injunction. Motion Hearing set for 8/17/2009 02:30 PM before District Judge Marianne O Battani Associated Cases: 2:09−cv−10504−MOB−DAS, 2:09−cv−10535−MOB−MKM (BThe) (Entered: 06/08/2009)

June 8, 2009
37

ORDER of Dismissal as to: Harvey Reese and AR terminated. Signed by District Judge Marianne O Battani. Associated Cases: 2:09−cv−10504−MOB−DAS, 2:09−cv−10535−MOB−MKM (BThe) (Entered: 06/08/2009)

June 8, 2009
38

RESPONSE to 34 MOTION to Intervene Ken Levy filed by Anthony King, David Kleinhardt, Laurin Thomas, Barbara S Sampson, James Atterberry, Miguel Berrios, Charles Brown, Paul Condino, Stephen DeBoer, Artina Hardman. (Himebaugh, Kevin) (Entered: 07/08/2009)

July 8, 2009
39

STIPULATION AND ORDER Granting Leave to Amend re 1 Complaint. Signed by District Judge Marianne O Battani. (BThe) (Entered: 07/28/2009)

July 28, 2009
40

SUPPLEMENTAL BRIEF re 27 Response to Motion, filed by Anthony King, David Kleinhardt, Laurin Thomas, Barbara S Sampson, James Atterberry, Miguel Berrios, Charles Brown, Paul Condino, Stephen DeBoer, Artina Hardman. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1−−−Deposition of Barbara Sampson (Relevant Pages), # 3 Exhibit 2−−−Community Supervision of the Sex Offender (Jan 2000 Article), # 4 Exhibit 3−−−Sexual Abuse: A Journal of Research and Treatment) (Himebaugh, Kevin) (Entered: 08/03/2009)

Aug. 3, 2009
41

AMENDED COMPLAINT filed by RL, Kristy Levy, TH, Rose Houle against Jodi Deangelo, Lisa Gettys, David Fountain, John Sullivan, Soni Amos Warchock, Anthony King, David Kleinhardt, Laurin Thomas, Barbara S Sampson, James Atterberry, Miguel Berrios, Charles Brown, Paul Condino, Stephen DeBoer, Artina Hardman. (Sankaran, Vivek) (Entered: 08/05/2009)

Aug. 5, 2009

REQUEST for SUMMONS for Jodi Deangelo, Lisa Gettys, David Fountain, John Sullivan, Soni Amos Warchock. (Sankaran, Vivek) (Entered: 08/05/2009)

Aug. 5, 2009
42

AMENDED COMPLAINT of plaintiffs Houle and Levy filed by Kenneth Levy, Kevin Houle against all defendants. (Reingold, Paul) (Entered: 08/05/2009)

Aug. 5, 2009

REQUEST for SUMMONS for Jodi Deangelo, Lisa Gettys, David Fountain, John Sullivan, Soni Amos Warchock. (Reingold, Paul) (Entered: 08/05/2009)

Aug. 5, 2009
43

SUMMONS Issued for *Jodi Deangelo, Lisa Gettys, David Fountain, John Sullivan, Soni Amos Warchock* (DeSa) (Entered: 08/06/2009)

Aug. 6, 2009
44

SUMMONS Issued for *Jodi Deangelo, Lisa Gettys, David Fountain, John Sullivan, Soni Amos Warchock* (DeSa) (Entered: 08/06/2009)

Aug. 6, 2009
45

MOTION for Preliminary Injunction by TH. (Sankaran, Vivek) Modified on 8/12/2009 (NHol). [NOT A MOTION − DOCUMENT IS A SUPPLEMENTAL BRIEF] (Entered: 08/12/2009)

Aug. 12, 2009
46

SUPPLEMENTAL BRIEF re 9 MOTION for Preliminary Injunction filed by Kenneth Levy, Kevin Houle. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit V − Follow−Up Declaration of Harvey Reese, # 3 Exhibit Exhibit W − Follow−up Declaration of Kevin Houle, # 4 Exhibit Exhibit X − Kevin Houle Special Condition 99.0, # 5 Exhibit Exhibit Y − Declaration of Rose Houle, # 6 Exhibit Exhibit Z − Follow−up Declaration of Rose Houle, # 7 Exhibit Exhibit AA − Declaration of T.H., # 8 Exhibit Exhibit BB − Declaration of William Starnes, Ph.D., # 9 Exhibit Exhibit CC − Declaration of Ken Levy, # 10 Exhibit Exhibit DD − Parole Conditions of Ken Levy, # 11 Exhibit Exhibit EE − Declaration of Kristy Levy, # 12 Exhibit Exhibit FF − Psychological Report of Matthew Rosenberg on Ken Levy, # 13 Index of Exhibits Exhibit GG − Declaration of Brandon Wilson, # 14 Exhibit Exhibit HH − Declaration and CV of Jill Levenson, Ph.D., # 15 Exhibit Exhibit II − OMNI Case Notes for Kevin Houle, # 16 Exhibit Exhibit JJ − Default Special Conditions Chart, # 17 Exhibit Exhibit KK − Deposition of Sandra Simmons, # 18 Exhibit Exhibit LL − Deposition of Barbara Sampson, # 19 Exhibit Exhibit MM − Deposition of Michael Glynn, # 20 Exhibit Exhibit NN − Deposition of John Rubitschun, # 21 Exhibit Exhibit OO − Declaration of David Taylor) (Reingold, Paul) (Entered: 08/12/2009)

Aug. 12, 2009
47

SUPPLEMENTAL BRIEF re 46 Supplemental Brief,,,,, filed by Kenneth Levy, Kevin Houle. (Attachments: # 1 Exhibit Exhibit PP − Parole Condition Authorization of Kevin Houle, # 2 Exhibit Exhibit QQ − Declaration of Ronnie Shackleford, # 3 Exhibit Exhibit RR − Declaration of Mark Prater) (Reingold, Paul). [DOCUMENT IS EXHIBITS PP, QQ AND RR IN SUPPORT OF SUPPLEMENTAL BRIEF]. Modified on 8/13/2009 (THal). (Entered: 08/12/2009)

Aug. 12, 2009
48

DECLARATION by Houle and Levy re 42 Amended Complaint, 41 Amended Complaint, filed by Kenneth Levy, Kevin Houle (Attachments: # 1 Document Continuation, # 2 Document Continuation, # 3 Document Continuation) (Reingold, Paul). [IMAGE CONTAINS SOME PAGES SCANNED SIDEWAYS − ATTORNEY INSTRUCTED TO REFILE CORRECTLY]. Modified on 8/14/2009 (THal). (Entered: 08/14/2009)

Aug. 14, 2009
49

DECLARATION by Houle and Levy re 42 Amended Complaint, 41 Amended Complaint, filed by Kenneth Levy, Kevin Houle (Attachments: # 1 Document Continuation, # 2 Document Continuation, # 3 Document Continuation) (Reingold, Paul) (Entered: 08/14/2009)

Aug. 14, 2009

Minute Entry −Settlement Conference held on 8/17/2009 before District Judge Marianne O Battani. (CMot) (Entered: 08/17/2009)

Aug. 17, 2009

Reset Deadlines as to 9 MOTION for Preliminary Injunction.( Motion Hearing reset for 9/17/2009 10:00 AM before District Judge Marianne O Battani ), Set Scheduling Order Deadlines:( Settlement Conference set for 9/17/2009 10:00 AM before District Judge Marianne O Battani ) (CMot) (Entered: 08/17/2009)

Aug. 17, 2009
50

EXHIBIT re 1 Complaint,, 31 Reply to Response to Motion, 10 Supplemental Brief,,,, 9 MOTION for Preliminary Injunction, 41 Amended Complaint, by TH (Sankaran, Vivek) (Entered: 08/18/2009)

Aug. 18, 2009
51

ATTORNEY APPEARANCE: Kevin R. Himebaugh appearing on behalf of Lisa Gettys, David Fountain, John Sullivan, Soni Amos Warchock with Certificate of Service (Himebaugh, Kevin) (Entered: 08/25/2009)

Aug. 25, 2009
52

NOTICE of Appearance by Kevin R. Himebaugh on behalf of Jodi Deangelo. (Himebaugh, Kevin) (Entered: 08/27/2009)

Aug. 27, 2009

Minute Entry − Settlement Conference held on 9/17/2009, ( Status Conference set for 2/23/2010 02:00 PM before District Judge Marianne O Battani ) before District Judge Marianne O Battani. Disposition: HELD AND CONTINUED (BThe) (Entered: 09/17/2009)

Sept. 17, 2009
53

MOTION to Withdraw 9 MOTION for Preliminary Injunction by Kevin Houle. (Reingold, Paul) (Entered: 09/24/2009)

Sept. 24, 2009
54

NOTICE by Kevin Houle of withdrawal of 53 MOTION to Withdraw 9 MOTION for Preliminary Injunction, 9 MOTION for Preliminary Injunction. (Reingold, Paul) (Entered: 09/24/2009)

Sept. 24, 2009
55

NOTICE by TH, RL of withdrawal of Plaintiffs' motion for Preliminary Injunction . (Sankaran, Vivek) (Entered: 09/25/2009)

Sept. 25, 2009
56

Renewed MOTION to Intervene and , Renewed MOTION for Preliminary Injunction by Kevin Houle. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Ex A Letter Himebaugh, # 3 Exhibit Ex B Letter, # 4 Exhibit Ex C Himebaugh, # 5 Exhibit Ex D Letter Himebaugh 10.14.09, # 6 Exhibit Ex E Letter Himebaugh 9.24.09, # 7 Exhibit Ex F 2nd follow up, # 8 Exhibit Ex G Follow up, # 9 Exhibit Ex H Four Letters Alexander, # 10 Exhibit Ex I follow up, # 11 Exhibit Ex J Declaration of Clever, # 12 Exhibit Ex K Declaration Forgue, # 13 Exhibit Ex L Dec Poynter, # 14 Exhibit Ex M Decl Griffith, # 15 Exhibit Ex N Decl Perry, # 16 Exhibit Ex O Decl Hammonds, # 17 Exhibit Ex P Witaker v perdue, # 18 Exhibit Ex Q North Caroline v Demaio) (Reingold, Paul) (Entered: 02/12/2010)

Feb. 12, 2010
57

MOTION to Intervene, MOTION for Preliminary Injunction by TH. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Declaration of Debra LeBlanc (2/10/10), # 3 Exhibit Declaration of Z.L. (2/10/10)) (Sankaran, Vivek) (Entered: 02/19/2010)

Feb. 19, 2010
58

EXHIBIT R Supplemental Exhibit re 56 Renewed MOTION to Intervene and Renewed MOTION for Preliminary Injunction by Kevin Houle (Attachments: # 1 Exhibit Ex R Supplemental Ex. Declaration of LeBlanc) (Reingold, Paul) (Entered: 02/22/2010)

Feb. 22, 2010

ReSet Hearings: Status Conference reset for 3/25/2010 02:00 PM before District Judge Marianne O Battani (CMot) (Entered: 02/22/2010)

Feb. 22, 2010
59

EXHIBIT re 57 MOTION to Intervene MOTION for Preliminary Injunction by TH (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Supplemental Exhibit D. Declaration of Hannah Noland (2/23/10), # 3 Exhibit Supplemental Exhibit E. decl. of Sarah Griffith (2/22/10), # 4 Exhibit Supplemental Exhibit F. Decl. of D.G. (2/22/10), # 5 Exhibit Supplemental Exhibit C. Declaration of Samantha Houston (2/22/10)) (Sankaran, Vivek) (Entered: 03/11/2010)

March 11, 2010
60

RESPONSE to 56 Renewed MOTION to Intervene and Renewed MOTION for Preliminary Injunction filed by Anthony King, David Kleinhardt, Laurin Thomas, Jodi Deangelo, Lisa Gettys, David Fountain, John Sullivan, Soni Amos Warchock, Barbara S Sampson, James Atterberry, Miguel Berrios, Charles Brown, Paul Condino, Stephen DeBoer, Artina Hardman. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − E−mail to Shipman, # 3 Exhibit 2 − Parole Recommendations, # 4 Exhibit 3 − Case Report for Houle, # 5 Exhibit 4 − Screen Shot of Agent Note, # 6 Exhibit 5 − Case Report for Levy) (Himebaugh, Kevin) (Entered: 03/25/2010)

March 25, 2010

Minute Entry − Status Conference held on 3/25/2010 before District Judge Marianne O Battani. (CMot) (Entered: 03/25/2010)

March 25, 2010
61

SCHEDULING ORDER/BRIEFING SCHEDULE: Dispositive Motions filed by 4/26/2010; Responses due by 5/20/10; Replies due by 6/04/10; Oral Argument 6/17/10 at 3:00 p.m. Signed by District Judge Marianne O Battani. (CMot) (Entered: 03/26/2010)

March 26, 2010
62

NOTICE TO WITHDRAW 56 Renewed MOTION to Intervene and Renewed MOTION for Preliminary Injunction by Kevin Houle. (Reingold, Paul) [DOCUMENT WAS FILED USING INCORRECT EVENT] Modified on 4/8/2010 (VLun). (Entered: 04/08/2010)

April 8, 2010
63

NOTICE TO WITHDRAW 59 Exhibit, 57 MOTION to Intervene MOTION for Preliminary Injunction by TH. (Sankaran, Vivek) [DOCUMENT WAS FILED USING INCORRECT EVENT] Modified on 4/9/2010 (VLun). (Entered: 04/09/2010)

April 9, 2010
64

TRANSCRIPT of Civil/Motion Hearing held on 6/3/2009. (Court Reporter/Transcriber: Allen T. Burnham) (Number of Pages: 60) Redaction Request due 5/5/2010. Redacted Transcript Deadline set for 5/17/2010. Release of Transcript Restriction set for 7/13/2010. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Burnham, A) (Entered: 04/14/2010)

April 14, 2010
65

Notice of Filing Transcript. (Burnham, A) (Entered: 04/14/2010)

April 14, 2010
66

STIPULATED ORDER DISMISSING CASE With Prejudice and Without Costs. Signed by District Judge Marianne O Battani. (BThe) (Entered: 04/30/2010)

April 30, 2010

State / Territory: Michigan

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Feb. 10, 2009

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parolees convicted of minor sex offenses with parole conditions that disallowed contact with minors, even their own children.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Michigan Clinical Law Program

ACLU of Michigan

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Michigan (Lansing, Ingham), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Parole grant/revocation

Sex offender regulation