Case: Does v. Michigan Department of Corrections

2:13-cv-14356 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 15, 2013

Closed Date: March 20, 2020

Clearinghouse coding complete

Case Summary

On October 15, 2013, seven Michigan prisoners under the age of 18 but confined in adult correctional institutions filed this putative class action in the U.S. District Court of the Eastern District of Michigan. The plaintiffs brought claims under 42 U.S.C. § 1983 and 18 U.S.C. § 1591 against the Michigan Department of Corrections, the Governor of Michigan, and a number of named correctional officers and administrators. Represented by private counsel, the plaintiffs alleged that they were sexual…

On October 15, 2013, seven Michigan prisoners under the age of 18 but confined in adult correctional institutions filed this putative class action in the U.S. District Court of the Eastern District of Michigan. The plaintiffs brought claims under 42 U.S.C. § 1983 and 18 U.S.C. § 1591 against the Michigan Department of Corrections, the Governor of Michigan, and a number of named correctional officers and administrators. Represented by private counsel, the plaintiffs alleged that they were sexually assaulted or harassed by adult prisoners and guards while confined in adult correctional institutions run by the Michigan Department of Corrections. Specifically, the plaintiffs alleged that the policy and practice of placing juveniles in adult prisons without taking adequate steps to protect them from known harm constituted deliberate indifference to their safety in violation of rights guaranteed by the Fourth Amendment, Eighth Amendment, Fourteenth Amendment, and various international treaties. The plaintiffs sought injunctive and declaratory relief as well as monetary damages.

In addition to this lawsuit, the plaintiffs also filed a complaint in state court for damages based on the same alleged facts. A summary of that lawsuit is available here.

On December 20, 2013, the defendants moved to dismiss the case. Two months later, they also moved for summary judgment, claiming that the plaintiffs lacked standing because they were no longer minors, and that the claims were moot because minor prisoners were no longer housed with adults.

The following month, the United States submitted a statement of interest clarifying its position on the Prison Rape Elimination Act. It stated that the defendants were incorrect in their assertions (1) that the PREA did not apply to states, and (2) that the “alleged risk” of harm to youthful offenders became moot when the MDOC changed its practices and began separating youthful offenders from adults. The U.S. instead stated that the PREA did apply to state institutions and compliance alone did not render a claim moot.

On May 28, 2014, District Court Judge Robert H. Cleland granted in part and denied in part the motion to dismiss. He held that the plaintiffs did have standing, despite no longer being underage, as standing is determined at the time the complaint is filed. As for mootness, the court held that the defendants' voluntary cessation of the practice of housing minors with adults was not enough to render the case moot. The practice was still permissible under state law and the defendants themselves had characterized their compliance with this provision of PREA as voluntary. However, the court did grant the defendants summary judgment on the plaintiffs' claims under the American Declaration of the Rights and Duties of Man, the International Covenant on Civil and Political Rights, the United Nations Convention on the Rights of the Child, and customary international law. The court dismissed these claims because none of the treaties created an independently enforceable right and because there was no peremptory norm of international law against housing youth and adults together in correctional institutions. 2014 WL 2207136 (E.D. Mich. May 28, 2014).

The defendants filed an additional motion to dismiss, alleging that the Fourth and Fourteenth Amendment claims should be dismissed because the issues were better suited for Eighth Amendment analysis, and that the defendants were entitled to qualified immunity. The court denied this motion on August 5, 2014.

For the next few years, much of this litigation focused on whether the plaintiffs had exhausted their administrative remedies as required by the Prison Litigation Reform Act. First, in May 2014, the defendants moved for summary judgment as to Plaintiff John Doe 3. They filed an additional motion in May 2015, which the court granted in part and denied in part on February 8, 2016. The court granted summary judgment for the claims by all of the named plaintiffs except for John Doe 3, whose claim could go forward because there was a triable issue of fact related to whether defendants had thwarted his previous efforts to grieve. 2016 WL 465496 (E.D. Mich. Feb. 8, 2016).

The plaintiffs filed an amended complaint on March 15, 2016, adding five new John Doe plaintiffs.

Several of the plaintiffs dismissed under the February 2016 order subsequently exhausted the administrative remedies and filed a separate case in the same court (docket number 16-13765). Judge Robert Cleland consolidated the cases on May 8, 2017.

Meanwhile, the defendants filed another motion for summary judgment based on exhaustion. On March 14, 2017, the court granted in part and denied in part the motion. It dismissed two plaintiffs and allowed one to remain. The defendants then moved for summary judgment twice more, which the court denied on February 21, 2018 and then later granted in part on November 5.

In response to the defendants’ attempts to dismiss plaintiffs from the case, the plaintiffs moved to apply a single John Doe exhaustion to the entire putative class. The court denied this motion on February 21, 2018, holding that it was not the appropriate time to determine the imputed exhaustion question because the plaintiffs had not yet shown actual exhaustion by any class representative.

On November 5, 2018, the court granted the defendants' motion to dismiss some of the claims, finding that some of the John Doe plaintiffs had failed to exhaust their administrative remedies. The court explained that these plaintiffs could not demonstrate exhaustion by compliance with the defendants' PREA grievance process because these plaintiffs' claims arose before MDOC adopted that process. The court also dismissed the Michigan Department of Corrections from the case on sovereign immunity grounds. 2018 WL 5786199 (E.D. Mich. 2018).

Judge Cleland terminated the case without prejudice on March 20, 2020. Judge Cleland noted that the state court case settled, so he therefore terminated this case. More information can be found with regards to the state court adjudication and eventual settlement here: PC-MI-0039.

Summary Authors

Richard Jolly (11/5/2014)

Jessica Kincaid (2/26/2016)

Virginia Weeks (9/14/2017)

Gabriela Hybel (3/30/2019)

Justin Hill (4/13/2020)

Related Cases

Does v. Michigan Department of Corrections, Michigan state trial court (2013)

Doe v. Anderson, Eastern District of Michigan (2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4292355/parties/doe-1-v-michigan-department-of-corrections/


Judge(s)

Cleland, Robert Hardy (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Addis, Anlyn (Michigan)

Chaney, Nakisha N. (Michigan)

Labelle, Deborah A. (Michigan)

Macey, Edward Alan (Michigan)

McGehee, Cary S. (Michigan)

Pitt, Michael L. (Michigan)

Prescott, Sarah (Michigan)

Rivers, Beth M. (Michigan)

Judge(s)

Cleland, Robert Hardy (Michigan)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Addis, Anlyn (Michigan)

Chaney, Nakisha N. (Michigan)

Labelle, Deborah A. (Michigan)

Macey, Edward Alan (Michigan)

McGehee, Cary S. (Michigan)

Pitt, Michael L. (Michigan)

Prescott, Sarah (Michigan)

Rivers, Beth M. (Michigan)

Salvatore, Jennifer B. (Michigan)

Attorneys(s) for Defendant

Barkman, Cori E. (Michigan)

Donnelly, Mark E. (Michigan)

Farrell, James T. (Michigan)

Geminick, Lisa Clark (Michigan)

Govorchin, A. Peter (Michigan)

Grossi, Christina M. (Michigan)

Meingast, Heather S. (Michigan)

Murphy, Michael F (Michigan)

Nelson, Margaret A. (Michigan)

O'Dowd, Kevin J. (Michigan)

Schneider, Clifton B. (Michigan)

Thurber, John L. (Michigan)

Van den Bergh, Tracy E. (Michigan)

Other Attorney(s)

DeClercq, Susan K. (Michigan)

Documents in the Clearinghouse

Document

2:13-cv-14356

Docket [PACER]

Doe 1 v. Michigan Department of Corrections

March 20, 2020

March 20, 2020

Docket
1

2:13-cv-14356

Complaint and Jury Demand

Doe 1 v. Department of Corrections

Oct. 15, 2013

Oct. 15, 2013

Complaint
56

13-cv-14365

Statement of Interest of the United States of America

Doe 1 v. Department of Corrections

March 20, 2014

March 20, 2014

Pleading / Motion / Brief
91

2:13-cv-14356

Opinion and Order [Granting in Part and Denying in Part Defendants' Partial Motion for Summary Judgment, Granting Renewed Protective Order, Denying Defendants' Motion for Definite Statement]

Doe 1 v. Michigan Department of Corrections

2014 WL 2207136

May 28, 2014

May 28, 2014

Order/Opinion
119

2:13-cv-14356

Order Denying Without Prejudice Defendant's Motion to Dismiss

Doe 1 v. Michigan Department of Corrections

Aug. 5, 2014

Aug. 5, 2014

Order/Opinion
156

2:13-cv-14356

Opinion and Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment on the Basis of Failure to Exhaust Administrative Remedies and Scheduling a Telephone Conference

2016 WL 465496

Feb. 8, 2016

Feb. 8, 2016

Order/Opinion
163

2:13-cv-14356

First Amended Complaint and Jury Demand

March 15, 2016

March 15, 2016

Complaint
204

2:13-cv-14356

Opinion and Order Granting Defendants' Motion for Summary Judgment Against Plaintiffs John Doe 8, 9, and 10, and Denying Summary Judgment Against Plaintiff John Doe 12

Doe 1 v. Michigan Department of Corrections

March 14, 2017

March 14, 2017

Order/Opinion
215

2:13-cv-14356

Opinion and Order Resolving Not to Apply Imputed Exhaustion at This Time

Doe 1 v. Michigan Department of Corrections

Feb. 21, 2018

Feb. 21, 2018

Order/Opinion
224

2:13-cv-14356

Opinion and Order Granting In Part and Denying in Part Defendant's Motion for Partial Summary Judgment and to Dismiss Certain Claims

Does 1-12 v. Michigan Department of Corrections

2018 WL 5786199

Nov. 5, 2018

Nov. 5, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4292355/doe-1-v-michigan-department-of-corrections/

Last updated June 8, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-4334128 - Fee: $ 400. County of 1st Plaintiff: OAKLAND - County Where Action Arose: MULTI - County of 1st Defendant: WASHTENAW. [Previously dismissed case: No] [Possible companion case(s): None] (LaBelle, Deborah) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

RECAP
2

SUMMONS Issued for * All Defendants * (TMcg) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
3

ATTORNEY APPEARANCE: Jennifer B. Salvatore appearing on behalf of All Plaintiffs (Salvatore, Jennifer) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
4

ATTORNEY APPEARANCE: Nakisha N. Chaney appearing on behalf of All Plaintiffs (Chaney, Nakisha) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
5

ATTORNEY APPEARANCE: Michael L. Pitt appearing on behalf of All Plaintiffs (Pitt, Michael) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
6

ATTORNEY APPEARANCE: Edward A. Macey appearing on behalf of All Plaintiffs (Macey, Edward) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
7

ATTORNEY APPEARANCE: Cary S. McGehee appearing on behalf of All Plaintiffs (McGehee, Cary) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
8

ATTORNEY APPEARANCE: Peggy G. Pitt appearing on behalf of All Plaintiffs (Pitt, Peggy) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
9

WAIVER OF SERVICE Returned Executed. DAVID BERGH waiver sent on 11/4/2013, answer due 1/3/2014. (LaBelle, Deborah) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
10

WAIVER OF SERVICE Returned Executed. THOMAS FINCO waiver sent on 11/1/2013, answer due 12/31/2013. (LaBelle, Deborah) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
11

WAIVER OF SERVICE Returned Executed. PAUL KLEE waiver sent on 11/4/2013, answer due 1/3/2014. (LaBelle, Deborah)[DOCUMENT IS SIGNED BY VIRGIL B WEBB] Modified on 11/15/2013 (TMcg). (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
12

WAIVER OF SERVICE Returned Executed. Dennis Straub waiver sent on 11/1/2013, answer due 12/31/2013. (LaBelle, Deborah) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
13

WAIVER OF SERVICE Returned Executed. RANDY TREACHER waiver sent on 11/1/2013, answer due 12/31/2013. (LaBelle, Deborah) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
14

WAIVER OF SERVICE Returned Executed. WILLIE SMITH waiver sent on 11/4/2013, answer due 1/3/2014. (LaBelle, Deborah) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
15

WAIVER OF SERVICE Returned Executed. Michigan Department of Corrections waiver sent on 11/1/2013, answer due 12/31/2013. (LaBelle, Deborah) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
16

WAIVER OF SERVICE Returned Executed. Daniel H. Heyns waiver sent on 11/1/2013, answer due 12/31/2013. (LaBelle, Deborah) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
17

WAIVER OF SERVICE Returned Executed. CATHLEEN STODDARD waiver sent on 11/4/2013, answer due 1/3/2014. (LaBelle, Deborah) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
18

WAIVER OF SERVICE Returned Executed. KENNETH MCKEE waiver sent on 11/4/2013, answer due 1/3/2014. (LaBelle, Deborah) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
19

WAIVER OF SERVICE Returned Executed. MARY BERGHUIS waiver sent on 11/6/2013, answer due 1/6/2014. (LaBelle, Deborah) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
20

WAIVER OF SERVICE Returned Executed. JEFFREY WOODS waiver sent on 11/4/2013, answer due 1/3/2014. (LaBelle, Deborah) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
21

WAIVER OF SERVICE Returned Executed. CINDI S CURTIN waiver sent on 11/6/2013, answer due 1/6/2014. (LaBelle, Deborah) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
22

WAIVER OF SERVICE Returned Executed. ROBERT NAPEL waiver sent on 11/5/2013, answer due 1/6/2014. (LaBelle, Deborah) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
23

WAIVER OF SERVICE Returned Executed. HEIDI WASHINGTON waiver sent on 11/4/2013, answer due 1/3/2014. (LaBelle, Deborah) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
24

ATTORNEY APPEARANCE: A. Peter Govorchin appearing on behalf of DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS (Govorchin, A.) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
25

ATTORNEY APPEARANCE: James T. Farrell appearing on behalf of DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS (Farrell, James) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
26

WAIVER OF SERVICE Returned Executed. Rick Snyder waiver sent on 11/1/2013, answer due 12/31/2013. (LaBelle, Deborah) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
27

MOTION for Protective Order by All Plaintiffs. (Salvatore, Jennifer)[DOCKET ERROR-DID NOT FILE EXHIBITS WILL REFILE CORRECTLY] Modified on 12/20/2013 (TMcg). (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
28

MOTION for Protective Order by All Plaintiffs. (Attachments: # 1 Exhibit Complaint) (Salvatore, Jennifer) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
29

ATTORNEY APPEARANCE: A. Peter Govorchin appearing on behalf of JOHN PRELESNIK (Govorchin, A.) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
30

ATTORNEY APPEARANCE: James T. Farrell appearing on behalf of JOHN PRELESNIK (Farrell, James) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
31

MOTION to Dismiss or, in the Alternative, Motion for More Definite Statement by All Defendants. (Attachments: # 1 Exhibit A) (Govorchin, A.) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
32

NOTICE OF HEARING on 31 MOTION to Dismiss or, in the Alternative, Motion for More Definite Statement. Motion Hearing set for 2/12/2014 02:00 PM before District Judge Robert H. Cleland (LWag) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
33

NOTICE of Joinder/Concurrence in 28 MOTION for Protective Order filed by JOHN DOE 2, JOHN DOE 6, JOHN DOE 1, JOHN DOE 5, JOHN DOE 4, JOHN DOE 7, JOHN DOE 3 by All Plaintiffs (Macey, Edward) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
34

ORDER Requiring Parties to meet and confer by 1/10/2014 and file a joint statement by 1/17/2014 explaining their efforts to resolve the issues implicated by the now-terminated motions. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 12/31/2013)

Dec. 31, 2013

Dec. 31, 2013

RECAP
35

CERTIFICATE of Service/Summons Returned Executed. JOHN PRELESNIK served on 12/12/2013, answer due 1/2/2014. (LaBelle, Deborah) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
36

ANSWER to Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Govorchin, A.) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

RECAP
37

ATTORNEY APPEARANCE: Cori E. Barkman appearing on behalf of All Defendants (Barkman, Cori) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
38

ATTORNEY APPEARANCE: Clifton B. Schneider appearing on behalf of All Defendants (Schneider, Clifton) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
39

ATTORNEY APPEARANCE: John L. Thurber appearing on behalf of All Defendants (Thurber, John) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
40

PARTIES' JOINT STATEMENT CONCERNING MEET AND CONFER ORDER DATED, DECEMBER 31, 2013 REPORT by Defendants and by All Plaintiffs (Attachments: # 1 Exhibit Plaintiffs' Proposed Protective Order, # 2 Exhibit Stipulation to Resolve Plaintiffs' Motion for Protective Order (DKT.27) and Defendants' Motion to Dismiss or in the Alternative Motion for More Definite Statement (DKT. 31)) (McGehee, Cary) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER
41

NOTICE TO APPEAR: Status Conference set for 2/10/2014 11:00 AM before District Judge Robert H. Cleland (LWag) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
42

STATEMENT of Plaintiffs' Proposed Protective Order Setting Forth the Parameters for Conducting Investigative Interviews and Discovery by All Plaintiffs (Attachments: # 1 Exhibit 1 - Protective Order) (McGehee, Cary) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER
43

RESPONSE to 42 Statement by All Defendants. (Schneider, Clifton) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER
44

REPLY to Response re 28 MOTION for Protective Order filed by All Plaintiffs. (McGehee, Cary) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
45

MOTION for Leave to File Excess Pages by All Defendants. (Govorchin, A.) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER
46

MOTION to Seal by All Defendants. (Govorchin, A.) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER
47

MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Govorchin, A.) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER
48

NOTICE OF HEARING on 47 MOTION for Summary Judgment . Motion Hearing set for 5/14/2014 at 2:00 PM before District Judge Robert H. Cleland. (Ciesla, C) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
49

MOTION for Status Conference by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Govorchin, A.) (Entered: 03/04/2014)

March 4, 2014

March 4, 2014

PACER
50

ORDER granting 46 Motion to Seal Documents. Signed by District Judge Robert H. Cleland. (Ciesla, C) (Entered: 03/05/2014)

March 5, 2014

March 5, 2014

PACER
51

SEALED EXHIBIT F, Youthful Prisoner Affidavits re 47 MOTION for Summary Judgment by All Defendants. (Farrell, James) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
52

CERTIFICATE OF SERVICE re 51 Sealed Exhibit by All Defendants (Farrell, James) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
53

MOTION to Strike 49 MOTION for Status Conference PLAINTIFFS' by All Plaintiffs. (McGehee, Cary) (Entered: 03/07/2014)

March 7, 2014

March 7, 2014

PACER
54

ORDER granting 49 Defendants' Motion for Status Conference and Setting Status Conference for 3/13/2014 at 9:30 am and Directing Counsel for each side to appoint one lead counsel prepared to represent their respective position.. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 03/10/2014)

March 10, 2014

March 10, 2014

RECAP
55

ORDER Setting Motions Deadline - Plaintiffs' Motion for a Protective Order to be filed by 3/28/2014, Defendants' response due by 4/4/2014, Defendants' Motion for a More Definite Statement due by 3/28/2014 and Plaintiffs' response due by 4/4/2014. Signed by District Judge Robert H. Cleland. (LWag) Modified on 3/18/2014 (LWag). (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

RECAP
56

STATEMENT of INTEREST OF THE UNITED STATES OF AMERICA by United States of America (DeClercq, Susan) (Entered: 03/20/2014)

March 20, 2014

March 20, 2014

RECAP
57

MOTION to Compel Plaintiffs' Counsel to Return Attorney Work Product Inadvertently Produced by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Farrell, James) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

PACER
58

NOTICE TO APPEAR BY TELEPHONE: Status Conference Re: Defendants' Motion to Compel set for 4/10/2014 11:00 AM before District Judge Robert H. Cleland (LWag) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
59

MOTION for More Definite Statement by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A) (Govorchin, A.) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
60

MOTION to Seal DOCUMENTS by All Plaintiffs. (McGehee, Cary) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
61

MOTION for Protective Order Establishing Parameters for Defendant to Conduct Interviews and Discovery of Incarcerated and Putative Class Member and Non-Party Witnesses by All Plaintiffs. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Class Action Complaint, # 3 Exhibit Letter to Defendants' Counsel from Plaintiffs' Counsel Dated November 27, 2013, # 4 Exhibit Defendants' Response Letter dated December 6, 2013, # 5 Exhibit Youthful Inmate Affidavit - Submitted Under Seal, # 6 Exhibit Youthful Inmate Affidavit - Submitted Under Seal, # 7 Exhibit Youthful Inmate Affidavit - Submitted Under Seal, # 8 Exhibit Youthful Inmate - Submitted Under Seal, # 9 Exhibit State Court Protective Order Dated December 9, 2013, # 10 Exhibit State Court Protective Order Dated February 20, 2014, # 11 Exhibit Plaintiffs' Proposed Protective Order Setting Parameters for Defendants to Conduct Interviews and Discovery of Incarcerated and Putative Class Members and Non-Party Witnesses, # 12 Exhibit Youthful Inmate Affidavit - Submitted Under Seal, # 13 Exhibit Youthful Inmate Affidavit - Submitted Under Seal, # 14 Exhibit State Court Order Denying Defendant MDOC's Motion to Dissolve December 9, 2013 Protective Order) (McGehee, Cary) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
62

RESPONSE to 57 MOTION to Compel Plaintiffs' Counsel to Return Attorney Work Product Inadvertently Produced filed by All Plaintiffs. (LaBelle, Deborah) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER
63

Renewed MOTION for Protective Order to Proceed Anonymously by All Plaintiffs. (McGehee, Cary) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
64

MOTION to Seal Documents by All Plaintiffs. (McGehee, Cary) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
65

RESPONSE to 59 MOTION for More Definite Statement filed by All Plaintiffs. (McGehee, Cary) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
66

RESPONSE to 47 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (LaBelle, Deborah) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
67

REPLY to Response re 57 MOTION to Compel Plaintiffs' Counsel to Return Attorney Work Product Inadvertently Produced filed by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Govorchin, A.) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
68

RESPONSE to 61 MOTION for Protective Order Establishing Parameters for Defendant to Conduct Interviews and Discovery of Incarcerated and Putative Class Member and Non-Party Witnesses filed by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P) (Govorchin, A.) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
69

EXHIBIT A re 67 Reply to Response to Motion,, by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS (Govorchin, A.) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
70

ERRATA Sheet re: 57 MOTION to Compel Plaintiffs' Counsel to Return Attorney Work Product Inadvertently Produced filed by KENNETH MCKEE, JEFFREY WOODS, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Daniel H. Heyns, ROBERT NAPEL, RANDY TREACHER, PAUL KLEE, Rick Snyder, Michigan Department of Corrections, HEIDI WASHINGTON, THOMAS FINCO, Dennis Straub, MARY BERGHUIS, DAVID BERGH, CINDI S CURTIN. by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS (Govorchin, A.) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
71

EXHIBIT D re 67 Reply to Response to Motion,, by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS (Govorchin, A.) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
72

CERTIFICATE OF SERVICE re 71 Exhibit, by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS (Govorchin, A.) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
73

ORDER denying 57 Motion to Compel and PROTECTIVE ORDER Governing Exhibit F to Defendants' Motion for Partial Summary Judgment.. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

RECAP
74

REPLY to Response re 59 MOTION for More Definite Statement filed by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Govorchin, A.) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

PACER
75

TRANSCRIPT of Telephonic Motion Hearing held on 4/10/2014. (Court Reporter/Transcriber: Christin E. Russell) (Number of Pages: 22) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/12/2014. Redacted Transcript Deadline set for 5/22/2014. Release of Transcript Restriction set for 7/21/2014. 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. (Russell, C.) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
76

REPLY to Response re 47 MOTION for Summary Judgment filed by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Govorchin, A.) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

RECAP
77

MOTION Leave to file Supplemental Affidavits in Support of Response to Defendants' Motion for Partial Summary Judgment re 66 Response to Motion by All Plaintiffs. (LaBelle, Deborah) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
78

MOTION to Seal 77 MOTION Leave to file Supplemental Affidavits in Support of Response to Defendants' Motion for Partial Summary Judgment re 66 Response to Motion by All Plaintiffs. (LaBelle, Deborah) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
79

ORDER granting Plaintiffs' 60 Motion to Seal; granting 64 Motion to Seal; granting 77 Motion for Leave to File Supplemental Affidavits; granting 78 Motion to Seal. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

RECAP
80

SEALED EXHIBIT 4 re 78 MOTION to Seal 77 MOTION Leave to file Supplemental Affidavits in Support of Response to Defendants' Motion for Partial Summary Judgment re 66 Response to Motion, 66 Response to Motion, 79 Order on Motion to Seal,, Order on Motion - Free, by All Plaintiffs. (LaBelle, Deborah) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

PACER
81

CERTIFICATE OF SERVICE re 80 Sealed Exhibit, by All Plaintiffs (LaBelle, Deborah) (Entered: 05/01/2014)

May 1, 2014

May 1, 2014

PACER
82

MOTION to Seal Exhibits by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Govorchin, A.) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
83

MOTION for Summary Judgment by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P) (Govorchin, A.) (Entered: 05/08/2014)

1 Index of Exhibits

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit F

View on PACER

8 Exhibit G

View on PACER

9 Exhibit H

View on PACER

10 Exhibit I

View on PACER

11 Exhibit J

View on PACER

12 Exhibit K

View on PACER

13 Exhibit L

View on PACER

14 Exhibit M

View on PACER

15 Exhibit N

View on PACER

16 Exhibit O

View on PACER

17 Exhibit P

View on PACER

May 8, 2014

May 8, 2014

RECAP
84

MOTION to Amend/Correct 83 MOTION for Summary Judgment by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Govorchin, A.) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
85

ORDER CONVERTING MAY 21, 2014 HEARING TO A TELEPHONE CONFERENCE. Signed by District Judge Robert H. Cleland. (ATee) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
86

NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

PACER
87

MOTION to Dismiss Counts II and III of Plaintiff's Complaint by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Govorchin, A.) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

RECAP
88

REPLY to Response re 47 MOTION for Summary Judgment filed by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS. (Govorchin, A.) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
89

ORDER denying Defendants' 82 Motion to Seal Exhibits; denying 83 Motion for Summary Judgment; denying 84 Motion to Amend/Correct Summary Judgment. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

RECAP
90

ORDER Setting Evidentiary Hearing, Suspending Briefing on Defendants' Motion to Dismiss and Directing Counsel to Cease Filing Motions until such time the court issues a scheduling order., ( Evidentiary Hearing set for 6/4/2014 08:30 AM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

RECAP
91

OPINION AND ORDER granting in part and denying in part 47 Defendants' Partial Motion for Summary Judgment; denying as moot 59 Motion for More Definite Statement; granting 63 Plaintiffs' Renewed Motion for Protective Order. Signed by District Judge Robert H. Cleland. (LWag) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

RECAP
92

WITNESS LIST by DAVID BERGH, MARY BERGHUIS, CINDI S CURTIN, THOMAS FINCO, Daniel H. Heyns, PAUL KLEE, KENNETH MCKEE, Michigan Department of Corrections, ROBERT NAPEL, JOHN PRELESNIK, WILLIE SMITH, CATHLEEN STODDARD, Rick Snyder, Dennis Straub, RANDY TREACHER, HEIDI WASHINGTON, JEFFREY WOODS (Govorchin, A.) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
93

WITNESS LIST by All Plaintiffs (McGehee, Cary) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
94

TRANSCRIPT of Telephonic Status Conference held on 5/21/2014. (Court Reporter/Transcriber: Christin E. Russell) (Number of Pages: 22) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/19/2014. Redacted Transcript Deadline set for 6/30/2014. Release of Transcript Restriction set for 8/27/2014. 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. (Russell, C.) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
100

SEALED Plaintiffs' Actual Identities by All Plaintiffs. (Salvatore, Jennifer) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

PACER
101

MEMORANDUM by All Plaintiffs (LaBelle, Deborah) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

RECAP
102

TRANSCRIPT of Evidentiary Hearing held on 6/4/2014. (Court Reporter/Transcriber: Carol S. Sapala, 313-671-7945) (Number of Pages: 251) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/2/2014. Redacted Transcript Deadline set for 7/14/2014. Release of Transcript Restriction set for 9/9/2014. 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. (Sapala, C) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

PACER
103

TRANSCRIPT of Evidentiary Hearing, Volume II held on 6/5/2014. (Court Reporter/Transcriber: Christin E. Russell) (Number of Pages: 269) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/7/2014. Redacted Transcript Deadline set for 7/14/2014. Release of Transcript Restriction set for 9/11/2014. 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. (Russell, C.) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
104

ORDER Setting Briefing Schedule and Closing Argument as to 61 MOTION for Protective Order Establishing Parameters for Defendant to Conduct Interviews and Discovery of Incarcerated and Putative Class Member and Non-Party Witnesses :( Plaintiffs' brief due by 7/9/2014, Defendants' response due by 7/16/2014, Closing Arguments set for 7/23/2014 02:00 PM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

RECAP
105

NOTICE by All Plaintiffs re 104 Order, Set Motion and R&R Deadlines/Hearings,,,, Notice of Stipulated List of Most Pertinent Exhibits (Pitt, Michael) (Entered: 07/08/2014)

July 8, 2014

July 8, 2014

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 15, 2013

Closing Date: March 20, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Seven male, juvenile prisoners who suffered various forms of abuse at the hands of adult prisoners and/or prison staff

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of Michigan Department of Corrections, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Conditions of confinement

Disciplinary segregation

Grievance Procedures

Juveniles

Prison Rape Elimination Act

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Solitary confinement/Supermax (conditions or process)

Youth / Adult separation

Discrimination-basis:

Age discrimination

Affected Gender:

Male

Type of Facility:

Government-run