Case: Miller v. Stewart [Brewer]

2:15-cv-14164 | U.S. District Court for the Eastern District of Michigan

Filed Date: Nov. 15, 2015

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On November 15, 2015, the plaintiff, a prisoner and former prisoner observation aid (POA) at the Women’s Huron Valley Correctional Facility (Huron Valley), filed a claim against the warden of Huron Valley, as well as a corrections officer and another staff member at Huron Valley in the U.S. District Court of Eastern Michigan. The claim was filed under 42 U.S.C. § 1983 and the Michigan Whistleblowers’ Protection Act. The case was presided over by Judge Sean F. Cox. The plaintiff, represented by …

On November 15, 2015, the plaintiff, a prisoner and former prisoner observation aid (POA) at the Women’s Huron Valley Correctional Facility (Huron Valley), filed a claim against the warden of Huron Valley, as well as a corrections officer and another staff member at Huron Valley in the U.S. District Court of Eastern Michigan. The claim was filed under 42 U.S.C. § 1983 and the Michigan Whistleblowers’ Protection Act. The case was presided over by Judge Sean F. Cox. The plaintiff, represented by the American Civil Liberties Union of Michigan and private counsel, sought injunctive relief, attorney’s fees, monetary damages, and for the plaintiff to be reinstated as a POA at Huron Valley.

The plaintiff claimed that the defendants fired her from her position as a POA in retaliation for reporting misconduct against two mentally ill prisoners to external professional advocates and organizations when her internal reports went unanswered and unresolved. Specifically, the plaintiff witnessed and reported the following: a mentally ill prisoner being “hog-tied” naked and left for an extended period of time screaming in pain, as well as another mentally ill prisoner whose water was intentionally cut off from her cell for multiple days and who later went into cardiac arrest after foaming at the mouth and vomiting from severe dehydration. In both instances, the plaintiff made repeated reports to appropriate officers and staff at Huron Valley, but these reports were ignored.

On June 1, 2018, the defendant's motioned for summary judgement. The motion was granted in part and denied in part on March 27, 2019. The court granted the summary judgement in favor of the defendant on the plaintiff's Whistleblower Protection Act (WPA) claims, as well as her First Amendment retaliation claim as it pertained to monetary damages. The summary judgement was also denied in part in favor of the plaintiff with regard to the plaintiff's First Amendment retaliation claims against the defendants in their official capacity.

The case was dismissed on July 26, 2019 after a settlement agreement was reached between the two parties. Through the settlement agreement, the plaintiff was awarded $6,000 in damages, the option to resume her position as a POA at Huron Valley, and the removal of any records of notations regarding the plaintiff’s initial termination. In addition to the relief awarded directly to the plaintiff, the defendants agreed to instate a new policy allowing POA’s to report misconduct to outside organizations if internal reports are ignored, a training for POA’s on this new policy, and a mandatory annual training given to prison officers and staff regarding prisoners with mental illness. Lastly, defendants agreed to pay $60,000 in attorney's fees.

Summary Authors

Christiana Johnson (10/4/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5486869/parties/miller-v-stewart/


Judge(s)

Cox, Sean Francis (Michigan)

Attorneys(s) for Plaintiff

Burdick, Emily (Michigan)

Cieslik, Kathleen A. (Michigan)

Crawford, Jerome (Michigan)

Irvine, Angelina Rose (Michigan)

Korobkin, Daniel S. (Michigan)

Quick, Daniel D. (Michigan)

Smialek, Chelsea M. (District of Columbia)

Sobo, Alma (Michigan)

Steinberg, Michael J. (Michigan)

Judge(s)

Cox, Sean Francis (Michigan)

Attorneys(s) for Plaintiff

Burdick, Emily (Michigan)

Cieslik, Kathleen A. (Michigan)

Crawford, Jerome (Michigan)

Irvine, Angelina Rose (Michigan)

Korobkin, Daniel S. (Michigan)

Quick, Daniel D. (Michigan)

Smialek, Chelsea M. (District of Columbia)

Sobo, Alma (Michigan)

Steinberg, Michael J. (Michigan)

Turbiak, Emily L. (Michigan)

Attorneys(s) for Defendant

Barkman, Cori E. (Michigan)

Long, James E. (Michigan)

Powe, Douglas G. (Michigan)

Schneider, Clifton B. (Michigan)

Thurber, John L. (Michigan)

Waddell, Brandon W. (Michigan)

Other Attorney(s)

Gordon, Gary P. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Miller v. Stewart

July 26, 2019 Docket
1

Complaint

Miller v. Stewart

Nov. 25, 2015 Complaint
97

Order Adopting 3/1/19 Report and Recommendation

Miller v. Stewart

2019 WL 1375508

March 27, 2019 Order/Opinion
119

Parties' Stipulation to Dismiss Case Per Settlement Agreement

Miller v. Brewer

July 26, 2019 Order/Opinion
119-1

Settlement Agreement and Release

Miller v. Brewer

July 26, 2019 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5486869/miller-v-stewart/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by Sharee Miller against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-5444434 - Fee: $ 400. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (Korobkin, Daniel) (Entered: 11/25/2015)

Nov. 25, 2015 RECAP
2

SUMMONS Issued for *Anthony Stewart* (DWor) (Entered: 11/30/2015)

Nov. 30, 2015 PACER
3

SUMMONS Issued for *Robin Howard* (DWor) (Entered: 11/30/2015)

Nov. 30, 2015 PACER
4

SUMMONS Issued for *Renata Patton* (DWor) (Entered: 11/30/2015)

Nov. 30, 2015 PACER
5

NOTICE of Appearance by Jerome Crawford on behalf of Sharee Miller. (Crawford, Jerome) (Entered: 02/10/2016)

Feb. 10, 2016 PACER
6

NOTICE of Appearance by Daniel D. Quick on behalf of All Plaintiffs. (Quick, Daniel) (Entered: 02/10/2016)

Feb. 10, 2016 PACER

Text-Only Order of reassignment from Magistrate Judge Michael J. Hluchaniuk to Magistrate Judge Stephanie Dawkins Davis pursuant to Administrative Order. (SSch)

Feb. 18, 2016 PACER
7

ORDER Referring Pretrial Matters to Magistrate Judge Stephanie Dawkins Davis. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 02/18/2016)

Feb. 18, 2016 PACER
8

CERTIFICATE of Service/Summons Returned Executed. Renata Patton served on 2/10/2016, answer due 3/2/2016. (Crawford, Jerome) (Entered: 02/22/2016)

Feb. 22, 2016 PACER
9

CERTIFICATE of Service/Summons Returned Executed. Robin Howard served on 2/10/2016, answer due 3/2/2016. (Crawford, Jerome) (Entered: 02/22/2016)

Feb. 22, 2016 PACER
10

CERTIFICATE of Service/Summons Returned Executed. Anthony Stewart served on 2/10/2016, answer due 3/2/2016. (Crawford, Jerome) (Entered: 02/22/2016)

Feb. 22, 2016 PACER
11

ATTORNEY APPEARANCE: Cori E. Barkman appearing on behalf of Robin Howard, Renata Patton, Anthony Stewart (Barkman, Cori) (Entered: 03/02/2016)

March 2, 2016 PACER
12

STIPULATION AND ORDER Regarding Response to 1 Complaint. (Response due by 3/23/2016) Signed by District Judge Sean F. Cox. (JMcC) (Entered: 03/03/2016)

March 3, 2016 PACER
13

MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) with Brief in Support and Certificate of Service by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Barkman, Cori) (Entered: 03/23/2016)

March 23, 2016 PACER
14

ORDER Setting Hearing on 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) with Brief in Support and Certificate of Service : Response due by 4/18/2016. Reply due by 5/5/2016. Resolved/Unresolved Issues due by 5/24/2016. Motion Hearing set for 6/7/2016 10:00 AM before Magistrate Judge Stephanie Dawkins Davis. Signed by Magistrate Judge Stephanie Dawkins Davis. (DWor) (Entered: 03/25/2016)

March 25, 2016 PACER
15

STIPULATED ORDER Extending Plaintiff's Response Date and Adjourning Hearing as to 13 MOTION to Dismiss. Response due by 5/18/2016, Reply due by 6/6/2016, Motion Hearing set for 7/14/2016 10:00 AM before Magistrate Judge Stephanie Dawkins Davis *IN FLINT*) Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 04/22/2016)

April 22, 2016 PACER

Set/Reset Deadlines as to 13 MOTION to Dismiss. Resolved/Unresolved Issues due by 7/1/2016 (THal)

April 22, 2016 PACER
16

NOTICE of Appearance by Chelsea M. Smialek on behalf of All Plaintiffs. (Smialek, Chelsea) (Entered: 04/25/2016)

April 25, 2016 PACER
17

NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 04/28/2016)

April 28, 2016 PACER
18

NOTICE of Appearance by Kathleen A. Cieslik on behalf of All Plaintiffs. (Cieslik, Kathleen) (Entered: 05/09/2016)

May 9, 2016 PACER
19

RESPONSE to 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) with Brief in Support and Certificate of Service filed by Sharee Miller. (Attachments: # 1 Exhibit case law) (Cieslik, Kathleen) (Entered: 05/18/2016)

May 18, 2016 PACER
20

REPLY to Response re 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) with Brief in Support and Certificate of Service filed by All Defendants. (Barkman, Cori) (Entered: 06/06/2016)

June 6, 2016 PACER
21

NOTICE OF HEARING on 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) . Motion Hearing reset for 9/22/2016 10:00 AM before Magistrate Judge Stephanie Dawkins Davis *IN FLINT* (THal) (Entered: 06/22/2016)

June 22, 2016 PACER

Reset Deadlines as to 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6). Resolved/Unresolved Issues due by 9/8/2016 (THal)

June 22, 2016 PACER
22

STATEMENT of Resolved and Unresolved Issues by Sharee Miller (Smialek, Chelsea) (Entered: 09/08/2016)

Sept. 8, 2016 PACER

Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Motion Hearing held on 9/22/2016 re 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) filed by Robin Howard, Anthony Stewart, Renata Patton. Disposition: Motion taken under advisement (Court Reporter: Digitally Recorded) (THal)

Sept. 22, 2016 PACER
23

STIPULATION AND ORDER for substitution of counsel. Attorney Clifton B. Schneider substituted as counsel in place of Attorney Cori E. Barkman for defendants. Signed by Magistrate Judge Stephanie Dawkins Davis. (DPer) (Entered: 10/19/2016)

Oct. 19, 2016 PACER
24

REPORT AND RECOMMENDATION re 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) filed by Robin Howard, Anthony Stewart, Renata Patton. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 12/13/2016)

Dec. 13, 2016 RECAP
25

OBJECTION to 24 Report and Recommendation by Robin Howard, Renata Patton, Anthony Stewart. (Schneider, Clifton) (Entered: 12/27/2016)

Dec. 27, 2016 PACER

Attorney Jerome Crawford is discontinued from receiving Notices of Electronic Filing. Reason: No longer with Firm. (Quick, Daniel)

Dec. 28, 2016 PACER
26

RESPONSE to 25 Objection to Report and Recommendation by Sharee Miller. (Cieslik, Kathleen) (Entered: 01/10/2017)

Jan. 10, 2017 PACER
27

ORDER Adopting 24 Report and Recommendation for Denying 13 Motion to Dismiss, filed by Robin Howard, Anthony Stewart, Renata Patton. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 03/08/2017)

March 8, 2017 RECAP
28

ANSWER to Complaint with Affirmative Defenses with Jury Demand by Robin Howard, Renata Patton, Anthony Stewart. (Schneider, Clifton) (Entered: 03/29/2017)

March 29, 2017 PACER
29

NOTICE OF TELEPHONIC RULE 16 SCHEDULING CONFERENCE AND RULE 26 JOINT DISCOVERY PLAN DEADLINE: Telephonic Scheduling Conference set for 5/4/2017 03:00 PM before Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 04/03/2017)

April 3, 2017 PACER
30

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Cieslik, Kathleen) (Entered: 04/25/2017)

April 25, 2017 PACER

Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Telephonic Scheduling Conference held on 5/4/2017. (Court Reporter: None Present, Not on the Record) (THal)

May 4, 2017 PACER
31

CASE MANAGEMENT ORDER: Discovery due by 12/15/2017. Dispositive Motion Cut-off set for 2/15/2018. Signed by Magistrate Judge Stephanie Dawkins Davis. (Refer to image for additional dates) (THal) (Entered: 05/09/2017)

May 9, 2017 PACER
32

ORDER Granting Defendants' Request for Permission to Take Deposition of Plaintiff. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 05/09/2017)

May 9, 2017 PACER
33

STIPULATED ORDER To Extend the Pretrial Discovery Deadline and Other Related Dates, ( Discovery due by 2/15/2018, Dispositive Motion Cut-off set for 4/15/2018). [Refer to image for additional dates]. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 08/24/2017)

Aug. 24, 2017 PACER
34

NOTICE of Appearance by Alma Sobo on behalf of Sharee Miller. (Sobo, Alma) (Entered: 09/12/2017)

Sept. 12, 2017 PACER
35

NOTICE of Appearance by Emily L. Turbiak on behalf of All Plaintiffs. (Turbiak, Emily) (Entered: 09/21/2017)

Sept. 21, 2017 PACER
36

NOTICE TO APPEAR BY TELEPHONE: Telephonic Conference set for 10/2/2017 03:00 PM before Magistrate Judge Stephanie Dawkins Davis (THal) (Entered: 09/27/2017)

Sept. 27, 2017 PACER

Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Telephonic Conference regarding witness list deadline held on 10/2/2017. (Court Reporter: None Present, Not on the Record) (THal)

Oct. 2, 2017 PACER
37

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 10/04/2017)

Oct. 4, 2017 PACER
38

QUALIFIED PROTECTIVE ORDER WITH STIPULATION. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 10/04/2017)

Oct. 4, 2017 PACER
39

MOTION to Compel Compliance with Subpoena by Sharee Miller. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Subpoena to MDOC, # 3 Exhibit Fax Confirmation, # 4 Exhibit MDOC's Response to Subpoena, # 5 Exhibit Plaintiff's Response to MDOC's Objections) (Cieslik, Kathleen) (Entered: 10/11/2017)

Oct. 11, 2017 PACER
40

MOTION to Compel Responses by Sharee Miller. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A - Emails Between Plaintiff's Counsel and Defendants' Counsel, # 3 Exhibit Exhibit B - Plaintiff's First Set of Discovery Requests, # 4 Exhibit Exhibit C - Defendants' July Respones to Discovery Requests, # 5 Exhibit Exhibit D - Good Faith Letter from Plaintiff's Counsel to Defendants' Counsel, # 6 Exhibit Exhibit E - Defendants' Supplemental Responses to Discovery Requests, # 7 Exhibit Exhibit F - Proposed Order Granting Plaintiff's Motion, # 8 Exhibit Exhibit G - Unpublished Case Law) (Cieslik, Kathleen) (Entered: 10/11/2017)

Oct. 11, 2017 PACER
41

MOTION for Extension of Time to File Response/Reply as to 40 MOTION to Compel Responses, 39 MOTION to Compel Compliance with Subpoena by Robin Howard, Renata Patton, Anthony Stewart. (Schneider, Clifton) (Entered: 10/25/2017)

Oct. 25, 2017 PACER
42

STIPULATION AND ORDER To Extend Pre-Trial Discovery Deadline and Other Related Dates, ( Discovery due by 3/15/2018, Dispositive Motion Cut-off set for 5/15/2018). Signed by Magistrate Judge Stephanie Dawkins Davis. [Refer to image for other deadlines]. (THal) (Entered: 10/27/2017)

Oct. 27, 2017 PACER
43

NOTICE AND ORDER OF WITHDRAWAL. Attorney Chelsea M. Smialek terminated. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 10/27/2017)

Oct. 27, 2017 PACER
44

RESPONSE to 39 MOTION to Compel Compliance with Subpoena filed by MDOC. (Schneider, Clifton) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
45

RESPONSE to 40 MOTION to Compel Responses and Brief in Support filed by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Exhibit A) (Schneider, Clifton) (Entered: 10/30/2017)

Oct. 30, 2017 PACER

TEXT-ONLY ORDER granting 41 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal)

Oct. 31, 2017 PACER
46

REPLY to Response re 39 MOTION to Compel Compliance with Subpoena filed by Sharee Miller. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A - Subpoena to MDOC) (Cieslik, Kathleen) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
47

REPLY to Response re 40 MOTION to Compel Responses to Her First Set of Discovery Requests and Motion for Sanctions filed by Sharee Miller. (Attachments: # 1 Index of Exhibits Index of Exhibits to Reply in Support of Plaintiff Sharee Miller's Motion to Compel Responses, # 2 Exhibit 1. October 27, 2017 Email to Schneider, # 3 Exhibit 2. November 3, 2017 Email to Schneider, # 4 Exhibit 3. Unpublised Case Law) (Sobo, Alma) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
48

EXHIBIT Correct Exhibit A re 46 Reply to Response to Motion by Sharee Miller (Cieslik, Kathleen) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
49

ORDER Setting Hearing on 40 MOTION to Compel Responses, 39 MOTION to Compel Compliance with Subpoena : Resolved/Unresolved Issues due by 12/12/2017. Motion Hearing set for 12/19/2017 10:00 AM before Magistrate Judge Stephanie Dawkins Davis. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 11/16/2017)

Nov. 16, 2017 PACER
50

NOTICE of Appearance by Angelina Rose Irvine on behalf of All Plaintiffs. (Irvine, Angelina) (Entered: 11/29/2017)

Nov. 29, 2017 PACER
51

Plaintiff's WITNESS LIST by All Plaintiffs (Turbiak, Emily) (Entered: 12/01/2017)

Dec. 1, 2017 PACER
52

DEFENDANTS' WITNESS LIST by Robin Howard, Renata Patton, Anthony Stewart (Schneider, Clifton) (Entered: 12/01/2017)

Dec. 1, 2017 PACER
53

STATEMENT of Resolved and Unresolved Issues (Joint) by All Plaintiffs (Attachments: # 1 Exhibit Exhibit A) (Turbiak, Emily). (Entered: 12/12/2017)

Dec. 12, 2017 PACER
54

STATEMENT of Resolved and Unresolved Issues (Joint) by All Plaintiffs (Attachments: # 1 Exhibit Exhibit A) (Turbiak, Emily). (Entered: 12/12/2017)

Dec. 12, 2017 PACER

Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Motion Hearing held on 12/19/2017 re 40 MOTION to Compel Responses filed by Sharee Miller, 39 MOTION to Compel Compliance with Subpoena filed by Sharee Miller. Disposition: Motions taken under advisement (Court Reporter: Digitally Recorded) (THal)

Dec. 19, 2017 PACER
55

AFFIDAVIT of Lynn Lyman re 45 Response to Motion to Compel filed by Robin Howard, Renata Patton, Anthony Stewart. (Schneider, Clifton) (Entered: 12/26/2017)

Dec. 26, 2017 PACER
56

NOTICE of Appearance by Gary P. Gordon on behalf of Legislative Corrections Ombudsman. (Gordon, Gary) (Entered: 01/19/2018)

Jan. 19, 2018 PACER
57

ORDER on 39 Motion to Compel; 40 Motion to Compel. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 01/19/2018)

Jan. 19, 2018 PACER
58

NOTICE TO APPEAR BY TELEPHONE: Telephone Conference regarding proposed protective order set for 2/5/2018 11:00 AM before Magistrate Judge Stephanie Dawkins Davis (THal) (Entered: 02/01/2018)

Feb. 1, 2018 PACER

Reset Deadlines/Hearings: **TIME CHANGE ONLY** TELEPHONIC Conference regarding proposed protective order set for 2/5/2018 10:30 AM before Magistrate Judge Stephanie Dawkins Davis (THal)

Feb. 2, 2018 PACER

Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Telephonic Conference regarding proposed protective order held on 2/5/2018. (Court Reporter: None Present, Not on the Record) (THal)

Feb. 5, 2018 PACER
59

ATTORNEY APPEARANCE: Douglas G. Powe appearing on behalf of Robin Howard, Renata Patton, Anthony Stewart (Powe, Douglas) (Entered: 02/16/2018)

Feb. 16, 2018 PACER
60

STIPULATED ORDER To Amend Court's Scheduling Order, ( Disclosure of Defendants' Experts due by 3/1/2018, Discovery due by 5/1/2018, Dispositive Motion Cut-off set for 6/1/2018). Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 02/21/2018)

Feb. 21, 2018 PACER
61

Expert WITNESS LIST by Robin Howard, Renata Patton, Anthony Stewart (Powe, Douglas) (Entered: 03/01/2018)

March 1, 2018 PACER
62

[STRICKEN] AMENDED EXPERT WITNESS LIST by All Defendants (Powe, Douglas) (Entered: 03/02/2018)

March 2, 2018 PACER
63

ORDER Setting Briefing Schedule on Proposed Protective Order. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 03/08/2018)

March 8, 2018 PACER
64

MOTION to Strike 62 Witness List by Sharee Miller. (Attachments: # 1 Index of Exhibits, # 2 Exhibit March 2, 2018 Email from E. Turbiak, # 3 Exhibit Unpublished Authorities) (Sobo, Alma) (Entered: 03/16/2018)

March 16, 2018 PACER
65

RESPONSE to 64 MOTION to Strike 62 Witness List filed by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Resume) (Powe, Douglas) (Entered: 03/30/2018)

March 30, 2018 PACER
66

ORDER REFERRING MOTION to Magistrate Judge Stephanie Dawkins Davis: 64 MOTION to Strike 62 Witness List filed by Sharee Miller. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 03/31/2018)

March 30, 2018 PACER
67

ORDER Setting Hearing on 64 MOTION to Strike 62 Witness List : Reply due by 4/6/2018. Resolved/Unresolved Issues due by 4/27/2018. Motion Hearing set for 5/10/2018 10:00 AM before Magistrate Judge Stephanie Dawkins Davis in Flint. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 04/03/2018)

April 3, 2018 PACER
68

REPLY to Response re 64 MOTION to Strike 62 Witness List filed by All Plaintiffs. (Turbiak, Emily) (Entered: 04/06/2018)

April 6, 2018 PACER
69

STIPULATION AND ORDER FOR ENTRY OF PROTECTIVE ORDER Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 04/11/2018)

April 11, 2018 PACER
70

MOTION to Withdraw Appearance by Robin Howard, Renata Patton, Anthony Stewart. (Schneider, Clifton) (Entered: 04/11/2018)

April 11, 2018 PACER
71

EXHIBIT 1 re 68 Reply to Response to Motion by All Plaintiffs (Turbiak, Emily) (Entered: 04/26/2018)

April 26, 2018 PACER
72

STATEMENT of Resolved and Unresolved Issues (Joint Statement) by All Plaintiffs (Turbiak, Emily) (Entered: 04/26/2018)

April 26, 2018 PACER

TEXT-ONLY NOTICE: Hearing on 5/10/18 is Cancelled re 64 MOTION to Strike 62 Witness List . The parties agreed to have the motion decided without oral argument. (THal)

April 30, 2018 PACER

TEXT-ONLY ORDER granting 70 Motion to withdraw appearance. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal)

May 2, 2018 PACER
73

ATTORNEY APPEARANCE: James E. Long appearing on behalf of Robin Howard, Renata Patton, Anthony Stewart (Long, James) (Entered: 05/31/2018)

May 31, 2018 PACER
74

Ex Parte MOTION for Leave to File Exhibits In The Traditional Manner by Robin Howard, Renata Patton, Anthony Stewart. (Long, James) (Entered: 06/01/2018)

June 1, 2018 PACER
75

MOTION for Summary Judgment by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Index of Exhibits, # 2 Exhibit #1 POA Powerpoint, # 3 Exhibit #2 Pl POA Rules & Procedures, # 4 Exhibit #3 Howard Dep, # 5 Exhibit #4 6-23-14 JPay, # 6 Exhibit #5 6-24-14 JPay, # 7 Exhibit #6 Pl Termination Form, # 8 Exhibit #7 Cole Removal (sealed), # 9 Exhibit #8 Pearson Removal (sealed), # 10 Exhibit #9 Howard Interrog Resp, # 11 Exhibit #10 Telephone Calls - CD (sealed), # 12 Exhibit #11 Plaintiff's Dep) (Long, James) (Entered: 06/01/2018)

1 Index of Exhibits

View on PACER

2 Exhibit #1 POA Powerpoint

View on PACER

3 Exhibit #2 Pl POA Rules & Procedures

View on PACER

4 Exhibit #3 Howard Dep

View on PACER

5 Exhibit #4 6-23-14 JPay

View on PACER

6 Exhibit #5 6-24-14 JPay

View on PACER

7 Exhibit #6 Pl Termination Form

View on PACER

8 Exhibit #7 Cole Removal (sealed)

View on PACER

9 Exhibit #8 Pearson Removal (sealed)

View on PACER

10 Exhibit #9 Howard Interrog Resp

View on PACER

11 Exhibit #10 Telephone Calls - CD (sealed)

View on PACER

12 Exhibit #11 Plaintiff's Dep

View on PACER

June 1, 2018 PACER
76

SEALED EXHIBIT #7, #8, and #10 re 75 MOTION for Summary Judgment by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Exhibit #7 Cole Removal, # 2 Exhibit #8 Pearson Removal, # 3 Exhibit #10 Telphone Calls - CD) (Long, James) (Entered: 06/01/2018)

June 1, 2018 PACER

TEXT-ONLY ORDER granting 74 Motion for Leave to File Exhibits in the Traditional Manner. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal)

June 4, 2018 PACER
77

NOTICE by Robin Howard, Renata Patton, Anthony Stewart re Order on Motion for Leave to File Exhibits in the Traditional Manner (Long, James) (Entered: 06/04/2018)

June 4, 2018 PACER
78

MOTION to Strike 75 MOTION for Summary Judgment for Failure to Comply with Local Rule 7.1(d)(3) by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A) (Turbiak, Emily) (Entered: 06/04/2018)

1 Exhibit Exhibit A

View on PACER

June 4, 2018 PACER
79

MOTION for Leave to File Excess Pages by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Exhibit A. Conway v. Purves Order) (Long, James) (Entered: 06/05/2018)

1 Exhibit A. Conway v. Purves Order

View on PACER

June 5, 2018 PACER
80

EXHIBIT B re 78 MOTION to Strike 75 MOTION for Summary Judgment for Failure to Comply with Local Rule 7.1(d)(3) by All Plaintiffs (Turbiak, Emily) (Entered: 06/06/2018)

June 6, 2018 PACER
81

RESPONSE to 79 MOTION for Leave to File Excess Pages filed by All Plaintiffs. (Attachments: # 1 Exhibit A) (Turbiak, Emily) (Entered: 06/06/2018)

1 Exhibit A

View on PACER

June 6, 2018 PACER
82

EXHIBITS 7, 8 and 10 in support of 75 Motion for summary judgment by Robin Howard, Renata Patton, Anthony Stewart (filed in the traditional manner) (DPer) (Entered: 06/08/2018)

June 7, 2018 PACER
83

REPLY to Response re 79 MOTION for Leave to File Excess Pages filed by Robin Howard, Renata Patton, Anthony Stewart. (Long, James) (Entered: 06/11/2018)

June 11, 2018 PACER

TEXT-ONLY ORDER: The Court has reviewed the filings of the parties at Dkts. 78 and 79, and being otherwise advised in the premises of each motion, in its discretion orders that Defendants' motion for leave to file excess pages (Dkt. 79) is GRANTED; and plaintiff's motion to strike (Dkt. 78) the same is DENIED. Notwithstanding, defendants are advised that any future filings exceeding the page length restrictions set forth in L.R. 7.1(d), which are not preceded by a proper motion for leave to file excess pages will be stricken by the Court. Review of this Order is governed by Federal Rule of Civil Procedure 72 and Local Rule 72.1. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal)

June 13, 2018 PACER
84

ORDER Permitting Attorney Substitution. Attorney John L. Thurber for Robin Howard,John L. Thurber for Renata Patton,John L. Thurber for Anthony Stewart added in place of Douglas G. Powe. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 06/15/2018)

June 15, 2018 PACER
85

MOTION for Leave to File Excess Pages by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit - Case Law, # 3 Exhibit Exhibit - Order) (Turbiak, Emily) (Entered: 06/19/2018)

1 Index of Exhibits

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2 Exhibit Exhibit - Case Law

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3 Exhibit Exhibit - Order

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June 19, 2018 PACER

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 15, 2015

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual who served as a prisoner observation aid (POA) at Women's Huron Valley Correctional Facility.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Prison warden, corrections officer, staff official (Washtenaw), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $66,000

Content of Injunction:

Implement complaint/dispute resolution process

Training

Issues

General:

Assault/abuse by staff

Confidentiality

Failure to supervise

Failure to train

Incident/accident reporting & investigations

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run