Case: Barry v. Corrigan

5:13-cv-13185 | U.S. District Court for the Eastern District of Michigan

Filed Date: July 24, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 24, 2013, a group of Michigan residents who were denied Food Assistance Program (FAP) benefits under a "criminal justice disqualification" justification filed this class action lawsuit in the U.S. District Court for the Eastern District of Michigan against the Michigan Department of Human Services (MDHS). The plaintiffs, represented by the Center for Civil Justice and the ACLU of Michigan, sued under 42 U.S.C. § 1983 and federal SNAP law, alleging they were improperly denied food assist…

On July 24, 2013, a group of Michigan residents who were denied Food Assistance Program (FAP) benefits under a "criminal justice disqualification" justification filed this class action lawsuit in the U.S. District Court for the Eastern District of Michigan against the Michigan Department of Human Services (MDHS). The plaintiffs, represented by the Center for Civil Justice and the ACLU of Michigan, sued under 42 U.S.C. § 1983 and federal SNAP law, alleging they were improperly denied food assistance. They sought declarative and injunctive relief, relief notice to members of the class, and attorneys' fees and costs. The case was initially assigned to Judge Bernard A. Friedman but was reassigned to Judge Judith E. Levy on March 13, 2014.

The plaintiffs claimed that without specific information for the reasons or nature of the disqualification, they were not provided proper notice to understand the basis for the decision or a reasonable opportunity to be heard. The letters only instructed them to contact a law enforcement agency to resolve the issue. The plaintiffs alleged the "criminal justice disqualification" violated the due process clause of the Fourteenth Amendment and that the substance and application of MDHS’s decision to deny benefits to all people with an outstanding felony warrant violated the “fleeing felon” standard set by the federal government. Michigan’s “fugitive felon” policy and practice disqualified people through a match program without confirming the person was actually sought by law enforcement. Federal SNAP law prohibited this by instead disqualifying only fleeing felons, and only if the government made a finding that law enforcement officials are actively seeking the individual and that the individual knew his or her apprehension was sought and was intentionally fleeing from justice.

The plaintiffs requested a preliminary injunction to provide immediate relief to the requested class and subclass of individuals who relied on FAP benefits and would suffer irreparable harm while they waited for the resolution of the case without the food assistance. On September 25, 2013, Judge Friedman denied the plaintiffs’ request for preliminary injunction. On October 11, the defendants filed a motion to dismiss and/or summary judgment.

On October 28, 2013, the plaintiffs filed an amended motion for class certification. On November 21, 2013, the plaintiffs filed cross-motions for summary judgment. Hearings for the summary judgment motions were postponed after the plaintiffs filed a second amended complaint on August 27. On September 30, 2014, the defendants filed a responsive motion to dismiss or for summary judgment. Hearings on the motion were set and held before the court on November 14, 2014.

On January 9, 2015, Judge Levy ruled on all three motions. Judge Levy granted the class certification and ruled for the plaintiffs in summary judgment for all but one plaintiff, who was dismissed. 79 F. Supp. 3d 712.

On January 23, 2015, the defendants moved for reconsideration and a stay pending the outcome of the reconsideration. On March 24, 2015, Judge Levy issued an order denying the defendant’s motion for reconsideration, stating their motion was more “petulance than substance” and that none of the defendant's four claims had a proper ground for reconsideration. 2015 WL 1322728.

On March 31, 2015, the defendants appealed to the U.S. Court of Appeals for the Sixth Circuit and requested a motion to stay pending the appeal. On April 7, the Sixth Circuit denied the stay pending appeal.

On May 18, 2015, the plaintiffs motioned an order to show cause, suggesting the defendants should be held in contempt for failing to implement the changes ordered by the court. And on June 5, 2015, Judge Levy denied the defendant’s motion to stay pending the appeal.

On July 1, 2015, the plaintiffs requested expedited post-judgment discovery in order to determine if the defendant had taken all reasonable steps to comply with the court’s January 9, March 30 and 31 orders. On September 1, 2015, Judge Levy granted the plaintiffs’ motion for post-judgment discovery and motion for an order to show cause. Judge Levy noted that the plaintiffs had established, by clear and convincing evidence, that the defendant had not stopped the conduct declared unlawful and enjoined by the court.

On September 23, 2015, the parties reached a settlement agreement. The defendant agreed to work with the plaintiff on implementing the court-ordered changes to their administration of FAP, and the plaintiffs agreed to stipulate the dismissal of their motion to show cause once the changes were implemented. On March 30, 2016, Judge Levy dismissed the plaintiffs’ motion to show cause upon the parties' agreement that the terms of the settlement agreement had been met.

On August 25, 2016, the Sixth Circuit affirmed the district court’s opinion and remanded the case for continued enforcement of the permanent injunction.

On February 24, 2017, the parties jointly moved for attorneys’ fees in the amount of $910,908.83 for class counsel. On May 31, 2017, the court granted this award. As of April 21, 2020, this case is ongoing for compliance enforcement purposes.

Summary Authors

Noel Ripberger (9/24/2014)

Kelly Ehrenreich (11/10/2016)

Jake Parker (7/18/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5387391/parties/barry-v-corrigan/


Judge(s)

Daughtrey, Martha Craig (Tennessee)

Friedman, Bernard A. (Michigan)

Grand, David R. (Michigan)

Levy, Judith Ellen (Michigan)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Doig, Jacqueline (Michigan)

Linehan, Katie N. (Michigan)

Nelson, Sofia V (Michigan)

Nichols, Elan S (Michigan)

Attorneys(s) for Defendant

Heyse, Kristin M. (Michigan)

Judge(s)

Daughtrey, Martha Craig (Tennessee)

Friedman, Bernard A. (Michigan)

Grand, David R. (Michigan)

Levy, Judith Ellen (Michigan)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Doig, Jacqueline (Michigan)

Linehan, Katie N. (Michigan)

Nelson, Sofia V (Michigan)

Nichols, Elan S (Michigan)

Attorneys(s) for Defendant

Heyse, Kristin M. (Michigan)

Morris, William R. (Michigan)

Smith, Joshua S (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

June 21, 2018 Docket
1

Class Action Complaint

July 24, 2013 Complaint
35

U.S. District Court Opinion Denying Injunction and Restraining Order Motion

Barry v. Corrigan

Sept. 25, 2013 Order/Opinion
40

(Proposed) Second Amended Class Complaint

Oct. 28, 2013 Complaint
91

United States District Court, Eastern District of Michigan, Southern Division Opinion

79 F.Supp.3d 712, 2015 WL 136238

Jan. 9, 2015 Order/Opinion
106

Opinion and Order Partially Granting and Partially Denying Plainitffs' [95] Motion to Strike, Denying Defendant's [93] Motion for Reconsideration, and Denying Defendant's Motion for Stay

Barry v. Lyon

2015 WL 1322728

March 24, 2015 Order/Opinion
110

Order Regarding Defendant's Compliance with the Court's January 9, 2015 Order

Barry v. Lyon

March 30, 2015 Order/Opinion
114

Order Regarding Amended Class Notice [107] and Implementation of the Court's January 9. 2015 Order [91]

Barry v. Lyon

March 31, 2015 Order/Opinion
117

Opinion

Barry v. Lyon

U. S. Court of Appeals for the Sixth Circuit

April 7, 2015 Order/Opinion
130

Opinion and Order Denying Defendant's Motion for Stay of Judgment Pending Appeal

Barry v. Lyon

June 5, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5387391/barry-v-corrigan/

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

ECF Number Description Date Link
1

Complaint

July 24, 2013 RECAP
2

Application

July 24, 2013 RECAP

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

July 25, 2013 PACER
3

Attorney Appearance

July 25, 2013 PACER
4

Motion to Certify Class

July 25, 2013 PACER
5

Motion for Preliminary Injunction

July 25, 2013 PACER
6

Notice of Appearance

July 25, 2013 PACER
7

Amended Complaint

Aug. 13, 2013 PACER
8

Motion for TRO

Aug. 14, 2013 PACER
9

Declaration

Aug. 14, 2013 PACER
10

Order on Petition/Request/Application

Aug. 16, 2013 PACER
11

Summons Issued

Aug. 20, 2013 PACER
12

Notice of Appearance

Aug. 21, 2013 PACER
13

Certificate of Service

Aug. 21, 2013 PACER
14

Notice of Appearance

Aug. 21, 2013 PACER
15

Certificate of Service

Aug. 21, 2013 PACER
16

Certificate of Service/Summons Returned Executed

Aug. 22, 2013 PACER
17

Notice of Hearing on Motion

Aug. 23, 2013 PACER
18

Notice of Appearance

Aug. 27, 2013 PACER
19

Certificate of Service

Aug. 27, 2013 PACER
20

Stipulation and Order

Aug. 27, 2013 PACER
21

Exhibit

Aug. 27, 2013 PACER
22

Certificate of Service

Aug. 28, 2013 PACER
23

Motion for Extension of Time to File Response/Reply

Aug. 29, 2013 PACER
24

Response to Motion

1 Index of Exhibits

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2 Exhibit A - 1/24/13 letter from Lincoln/CCJ to VIisconti/DHS

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3 Exhibit B - 2/5/13 email from Heyse/AAG for DHS to Stangl/CCJ

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4 Exhibit C - 7/24/13 3:14 email from Doig/CCJ to Def, AAG, etc.

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5 Exhibit D - 7/24/13 4:35 email from Doig/CCJ to AAG Heyse

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6 Exhibit E - 7/26/13 emails between Doig/CCJ and AAG Heyse

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Aug. 30, 2013 PACER
25

Reply to Response to Motion

Aug. 30, 2013 PACER
26

Sur-Reply

Sept. 3, 2013 PACER
27

Reply to Response to Motion

1 Exhibit

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2 Exhibit

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3 Exhibit

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Sept. 3, 2013 PACER
28

Notice to Appear

Sept. 9, 2013 PACER

Status Conference

Sept. 10, 2013 PACER
29

Order on Motion for Extension of Time to File Response/Reply

Sept. 10, 2013 PACER
30

Response to Motion

1 Index of Exhibits

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Document Continuation

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9 Exhibit

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Sept. 11, 2013 PACER
31

Response to Motion

1 Index of Exhibits

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2 Exhibit

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3 Exhibit

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4 Exhibit

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Sept. 11, 2013 PACER
32

Reply to Response to Motion

1 Index of Exhibits

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2 Exhibit Smith Email 9/4/2013

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3 Exhibit Shea Declaration

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4 Exhibit Heyse Letter 9/13/2013

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5 Exhibit Doig Letter 9/12/2013

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6 Exhibit Doig Letter 9/13/2013

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7 Exhibit 2nd Declaration of Heather Wodward

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8 Exhibit Declaration of Warren Calkins

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9 Exhibit Heyse Email 7/16/2013

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Sept. 16, 2013 PACER
33

Reply to Response to Motion

1 Index of Exhibits

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2 Exhibit Exh A - Side-By-Side Statute Comparison

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3 Exhibit Exh B - Briggs v. Bremby

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4 Exhibit Exh C - Walker v. Eggleston

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Sept. 16, 2013 PACER

Notice of Error

Sept. 17, 2013 PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

Sept. 17, 2013 PACER
34

Certificate of Service

Sept. 17, 2013 PACER

Motion Hearing

Sept. 18, 2013 PACER
35

Order on Motion for Preliminary Injunction

Sept. 25, 2013 PACER
36

Motion to Dismiss

1 Index of Exhibits

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2 Exhibit Exhibit 9

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3 Exhibit Exhibit 10

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4 Exhibit Exhibit 11

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5 Exhibit Exhibit 12

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6 Exhibit Exhibit 13

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Oct. 11, 2013 PACER
37

Notice of Determination of Motion Without Oral Argument

Oct. 16, 2013 PACER
38

Motion for Leave to File

Oct. 28, 2013 PACER
39

Motion to Certify Class

1 Index of Exhibits

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2 Exhibit Ex A - MSP Press Release

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3 Exhibit Ex B - Doig Resume

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4 Exhibit Ex C - Stangl Resume

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5 Exhibit Ex D - Aukerman Resume

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6 Exhibit Ex E - DHS Trend Report

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Oct. 28, 2013 PACER
40

Amended Complaint

1 Index of Exhibits

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2 Exhibit Ex A - 12/31/12 Notice

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3 Exhibit Ex B - 1/8/13 Statement

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4 Exhibit Ex C - 1/15/13 Medical Statement

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5 Exhibit Ex D - 2/1/13 Hearing Decision

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6 Exhibit Ex E - 5/16/13 Notice

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7 Exhibit Ex F - 5/22/13 Hearing Summary

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8 Exhibit Ex G - 5/16/13 Thomas Statement

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9 Exhibit Ex H - 6/14/13 Notice

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10 Exhibit Ex I - 7/26/13 Notice

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11 Exhibit Ex J - 8/5/13 a.m. Email

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12 Exhibit Ex K - 8/5/13 p.m. Email

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13 Exhibit Ex L - 8/7/13 Statement

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14 Exhibit Ex M - 8/8/13 Statement

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16 Exhibit Ex O - MSP ICHAT

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17 Exhibit Ex P - Register of Actions

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18 Exhibit Ex Q - 8/1/13 Notice

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19 Exhibit Ex R - 11/13/12 Police Report

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20 Exhibit Ex S - 11/14/13 Police Report

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21 Exhibit Ex T - 12/31/12 Notice

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22 Exhibit Ex U - 2/12/13 Notice

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23 Exhibit Ex V - 1/10/13 Notice

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24 Exhibit Ex W - 3/18/13 Notice

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25 Exhibit Ex X - Minutes

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26 Exhibit Ex Y - State of Michigan Fugitive Felon

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27 Exhibit Ex Z - BEM 203 10/1/12

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28 Exhibit Ex AA - BEM 203 5/1/13

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29 Exhibit Ex BB - BEM 203 6/1/13

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30 Exhibit Ex CC - BEM 204 6/1/13

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31 Exhibit Ex DD - Bulletin 2013-003

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32 Exhibit Ex EE - BAM 811 2/1/13

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33 Exhibit Ex FF - BAM 811 5/1/13

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34 Exhibit Ex GG - BAM 800 2/1/13

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35 Exhibit Ex HH - BAM 800 6/1/13

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36 Exhibit Ex II - Bridges Individual Demographic

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37 Exhibit Ex JJ - FOA 2012-50

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38 Exhibit Ex KK - DHS OWDT

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39 Exhibit Ex LL - DHS Office of Inspector General Memo

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40 Exhibit Ex MM - 2/28/13 emails

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Oct. 28, 2013 PACER
41

Response to Motion

1 Index of Exhibits

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2 Exhibit A - Admin Hrg Tr 9/16/13

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3 Exhibit B - Hrg Decision 9/25/13

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4 Exhibit C - First Decl of E Barry

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5 Exhibit D - AAG Heyse Email 7/26/13

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6 Exhibit E - AAG Heyse Emails 8/5/15

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7 Exhibit F - Office of Inspector General Letter 8/2/13

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8 Exhibit G - AAG Heyse Letter 9/13/13

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9 Exhibit H - Briggs v. Bremby

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10 Exhibit I - Walker v. Eggleston

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11 Exhibit J - Reynolds v. Giuliani

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12 Exhibit K - Side by Side of Statutory Provisions

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13 Exhibit L - Sample SSA Fugitive Felon Notice

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14 Exhibit M - Thomas v. Barnhart

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15 Exhibit N - Cambero v. Commissioner

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Nov. 1, 2013 PACER
42

Stipulation and Order

Nov. 7, 2013 PACER
43

Exhibit

1 Exhibit Redacted Exh N

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2 Exhibit Redacted Exh Q

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Nov. 7, 2013 PACER
44

Exhibit

1 Exhibit Redacted Exh N

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Nov. 7, 2013 PACER
45

Motion for Extension of Time to File Response/Reply

Nov. 12, 2013 PACER
46

Response to Motion

Nov. 14, 2013 PACER
47

Response to Motion

Nov. 18, 2013 PACER
48

Stipulation and Order

Nov. 19, 2013 PACER
49

Motion for Summary Judgment

1 Index of Exhibits

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2 Exhibit A- FOA Memo 12/21/12

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3 Exhibit B- DHS OIG Memo 12/20/12

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4 Exhibit C- BPB 2013-003

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5 Exhibit D- BEM 204 eff. 6/1/13

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6 Exhibit E- BEM 204 eff. 7/1/13

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7 Exhibit F- BEM 203 eff. 10/1/12

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8 Exhibit G- BEM 203 eff. 5/1/13

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9 Exhibit H- Meeting Minutes 7/6/11

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10 Exhibit I- Fuguitive Felon Interface Specs 7/26/11

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11 Exhibit J- BAM 800 eff. 2/1/13

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12 Exhibit K- BAM 800 eff. 6/1/13

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13 Exhibit L- BAM 800 eff. 7/1/13

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14 Exhibit M- BAM 811 eff. 2/1/13

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15 Exhibit N- BAM 811 eff. 5/1/13

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16 Exhibit O- BAM 811 eff. 7/1/13

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17 Exhibit P- Training Materials 3/20/13

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Nov. 21, 2013 PACER
50

Exhibit

1 Exhibit R- 12/31/12 Notice to W. Barry

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2 Exhibit S- 5/16/13 Notice to W. Barry

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3 Exhibit T- 6/14/13 Notice to W. Barry

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4 Exhibit U 12/31/12 Notice to D. Copeland

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5 Exhibit V- 2/12/13 Notice to D. Copeland

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6 Exhibit W- 1/10/13 Notice to K. Anderson

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7 Exhibit X- 3/18/13 Notice to K. Anderson

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8 Exhibit Y- 8/1/13 Notice to H. Woodward

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9 Exhibit Z- 7/23/13 Declaration of E. Barry

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10 Exhibit AA- 1/8/13 Detroit PD Statement

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11 Exhibit BB- 1/15/13 Medical Needs form

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12 Exhibit CC- 2/1/13 Hearing Decision

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13 Exhibit DD- 5/22/13 Hearing Summary

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14 Exhibit EE- 5/16/13 R. Thomas Statement

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15 Exhibit FF- 8/13/13 Second Declaration of E. Barry

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16 Exhibit GG- 7/26/13 Notice to W. Barry

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Nov. 21, 2013 PACER
51

Exhibit

1 Exhibit II- 8/5/13 1:03 AM K. Heyse Email

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2 Exhibit JJ- 8/7/13 Detroit PD Statement

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3 Exhibit KK- 8/8/13 Detroit PD Statement

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4 Exhibit LL- 8/2/13 OIG letter to MSP

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5 Exhibit MM- 9/13/13 Heyse Email to ALJ

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6 Exhibit NN- 9/13/13 Doig letter to ALJ

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7 Exhibit OO- Transcript of 9/16/13 Hearing

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8 Exhibit PP- 9/25/13 Hearing Decision

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9 Exhibit QQ- 8/13/13 Declaration of H. Woodward

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10 Exhibit RR- June 2011 Misdemeanor Citation

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11 Exhibit SS- Register of Actions 23rd DCt Case 11-1717-OM

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12 Exhibit TT- ICHAT on H. Woodward 8/6/13

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13 Exhibit UU- 1/13/13 Complaint

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14 Exhibit VV- Judcial Warehouse Report printed 8/14/13

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15 Exhibit WW- Register of Actions printed 9/4/13

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16 Exhibit XX- 12/7/12 Incident Report

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Nov. 21, 2013 PACER
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Exhibit

1 Exhibit ZZ- 9/13/13 Second Declaration of H. Woodward

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2 Exhibit AAA- 11/13/12 Detroit PD Crime Report

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3 Exhibit BBB- 11/14/12 Detroit PD Crime Report

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4 Exhibit CCC- 11/19/13 Declaration of D. Copeland

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5 Exhibit DDD- Sample SSA Fleeing Felon Notice

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6 Exhibit EEE- PSM 713-2

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7 Exhibit FFF- FOM 722-6A

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8 Exhibit GGG- JJ2 280

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9 Exhibit HHH- Statement of Uncontested Facts

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Nov. 21, 2013 PACER
53

Response to Motion

Nov. 25, 2013 PACER
54

Motion for Extension of Time to File Response/Reply

Nov. 26, 2013 PACER
55

Motion to Strike

1 Exhibit

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Nov. 26, 2013 PACER
56

Response to Motion

Nov. 27, 2013 PACER
57

Response to Motion

Nov. 27, 2013 PACER
58

Exhibit

Nov. 27, 2013 PACER
59

Motion for Leave to File

1 Exhibit Ex A - Proposed Surreply

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Dec. 2, 2013 PACER
60

Addendum

Dec. 2, 2013 PACER
61

Supplemental Brief

Dec. 9, 2013 PACER
62

Supplemental Brief

Dec. 9, 2013 PACER
63

Response to Motion

Dec. 19, 2013 PACER
64

Notice of Appearance

Feb. 4, 2014 PACER
65

Order on Motion to Certify Class

Feb. 18, 2014 PACER
66

Notice of Reassignment Pursuant to Administrative Order

May 13, 2014 PACER
67

Notice of Hearing on Motion

June 17, 2014 PACER
68

Notice of Determination of Motion Without Oral Argument

June 17, 2014 PACER

Set Motion and R&R Deadlines/Hearings

Aug. 14, 2014 PACER
69

Order on Motion for Leave to File

Aug. 14, 2014 PACER
70

Amended Complaint

1 Index of Exhibits

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2 Exhibit A- 12/31/12 Notice to Barry

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3 Exhibit B- 1/8/13 Statement Detroit Police

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4 Exhibit C- 1/15/13 medical Needs Statement re Barry

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5 Exhibit D- 2/1/13 Hearing Decision in re Barry

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6 Exhibit E- 5/16/13 Notice to Barry

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7 Exhibit F- 5/22/13 Hearing Summary

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8 Exhibit G- 5/16/13 Statement from DHS OIG

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9 Exhibit H- 6/14/13 Notice to Barry

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10 Exhibit I- 7/26/13 Client Benefit Notice to Barry

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11 Exhibit J- 8/5/13 11:04 AM Email from Heyse w/ ROA

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12 Exhibit K- 8/5/13 1:03 PM email from Heyse

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13 Exhibit L- 8/7/13 Detroit Police Officer Turner Statement

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14 Exhibit M- 8/8/13 Detroit Police Officer Turner Statement

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15 Exhibit N- June 2011 Ordinance Violation Citation to Woodward

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16 Exhibit O- MSP ICHAT for Woodward

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17 Exhibit P- Register of Actions - 23rd D Ct 11-1717-OM

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18 Exhibit Q- 8/1/13 SER Decision to Woodward

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19 Exhibit R- 11/13/12 Police Report of Stolen Identity

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20 Exhibit S- 11/14/12 Police Report naming Ronesha Williams

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21 Exhibit T- 12/31/12 Notice to Copeland

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22 Exhibit U- 2/12/13 Notice to Copeland

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23 Exhibit V- 1/10/13 Notice to Anderson

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24 Exhibit W- 3/18/13 Notice to Anderson

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25 Exhibit X- Minutes from 7/6/11 Meeting re Fugitive Felon Interface

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26 Exhibit Y- MI Fugitive Felon BRGUS00266483 Specs (Rev 07/10)

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27 Exhibit Z- BEM 203 in effect 10/1/12 - 5/31/13

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28 Exhibit AA- BEM 203 in effect 5/1/13 - 5/31/13

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29 Exhibit BB- BEM 203 in effect 6/1/13

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30 Exhibit CC- BEM 204 in effect 6/1/13

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31 Exhibit DD- Bridges Policy Bulletin 2013-003

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32 Exhibit EE- BAM 811 in effect 2/1/13 - 4/30/13

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33 Exhibit FF- BAM 811 in effect 5/1/13

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34 Exhibit GG- BAM 800 in effect 2/1/13 - 5/31/13

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35 Exhibit HH- BAM 800 in effect 6/1/13

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36 Exhibit II- Bridges Indiv Demographic Screen "Conviction Information"

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37 Exhibit JJ- FOA 2012-50

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38 Exhibit KK- DHS OWDT "Fugitive Felon Interface" Job Aid/Training

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39 Exhibit LL- 12/20/12 DHS OIG Memo re Fugitive Felon Match Initiative

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40 Exhibit MM- 2/28/13 emails from DHS OIG to DHS staff

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Aug. 27, 2014 PACER

Text-Only Order

Sept. 8, 2014 PACER

Set Motion and R&R Deadlines/Hearings

Sept. 8, 2014 PACER
71

Motion for Extension of Time to File Response/Reply

Sept. 9, 2014 PACER
72

Order on Motion for Extension of Time to File Response/Reply

Sept. 10, 2014 PACER
73

Stipulation and Order

Sept. 12, 2014 PACER
74

Objection

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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Sept. 15, 2014 PACER
75

Response to Motion

1 Index of Exhibits Index of Exhibits

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Index of Exhibits Exhibit 3

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Sept. 15, 2014 PACER
76

Sur-Reply

Sept. 26, 2014 PACER
77

Stipulation and Order

Sept. 26, 2014 PACER
78

Stipulation and Order

Sept. 26, 2014 PACER
79

Reply to Response to Motion

1 Index of Exhibits

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2 Exhibit A- Eaton v. Emmett Co.

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3 Exhibit B- Crawley v. Ahmed

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4 Exhibit C- Declaration of John Shea

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5 Exhibit D- BAM 406

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6 Exhibit E- Declaration of Kenneth Anderson

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7 Exhibit F- MSP Division 1 email

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8 Exhibit G- Third Decl of E. Barry

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9 Exhibit H- Orders of Dismissal re Copeland

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10 Exhibit I- (unsigned) Declaration of D. Copeland

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11 Exhibit J- Doig emails

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Sept. 29, 2014 PACER
80

Reply to Response to Motion

1 Index of Exhibits

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2 Exhibit A - Declaration of K. Anderson

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3 Exhibit B - Third Declaration of E. Barry

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4 Exhibit C - Orders Dismissing State v Copeland

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5 Exhibit D - State v Woodward Register of Actions

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6 Exhibit E - Second Declaration of D. Copeland, unsigned

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7 Exhibit F - BAM 406

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8 Exhibit G - Fleeing Felon Sections from PRWORA 1996

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9 Exhibit H - Legis History PRWORA

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10 Exhibit I - 2008 Technical Clarifying Amendment and Legis Hist.

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11 Exhibit J - Side by Side of SNAP, MEdicaid, and SSI provisions

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Sept. 29, 2014 PACER
81

Motion to Dismiss

Sept. 30, 2014 PACER
82

Notice of Hearing on Motion

Oct. 3, 2014 PACER
83

Exhibit

Oct. 6, 2014 PACER
84

Stipulation and Order

Oct. 24, 2014 PACER
85

Response to Motion

Oct. 24, 2014 PACER
86

Sur-Reply

Oct. 31, 2014 PACER
87

Sur-Reply

Oct. 31, 2014 PACER
88

Reply to Response to Motion

Nov. 3, 2014 PACER
89

Supplemental Brief

1 Index of Exhibits

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2 Exhibit Ex A - Dozier decision I

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3 Exhibit Ex B - Dozier decision II

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Nov. 7, 2014 PACER
90

Notice (Other)

Nov. 13, 2014 PACER

Motion Hearing

Nov. 14, 2014 PACER
91

Order on Motion to Certify Class

Jan. 9, 2015 RECAP

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: July 24, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All applicants for or recipients of, Michigan’s Food Assistance Program (FAP), Family Independence Program (FIP), State Disability Assistance Program (SDA), Child Day Care (CDC), and Refugee Assistance Program (RAP) who have suffered actual or threatened denial, reduction, or termination of benefits based on the Michigan Department of Human Services’ (DHS’) determination that the applicant or recipient, or a member of their household is ineligible based on a criminal justice disqualification.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan Dept. of Health and Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 910,908.83

Content of Injunction:

Reporting

Required disclosure

Preliminary relief denied

Issues

General:

Disparate Treatment

Government Services

Pattern or Practice

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Benefit Source:

Food stamps