Case: O'Bryan v. Saginaw County

1:75-cv-10075 | U.S. District Court for the Eastern District of Michigan

Filed Date: Jan. 1, 1975

Clearinghouse coding complete

Case Summary

In 1975, the plaintiffs filed this class action suit against the Saginaw County Jail on behalf of themselves and all inmates, seeking permanent injunctive and declaratory relief. The plaintiffs challenged a variety of jail conditions, including disciplinary practices, visitation policies, availability of exercise, access to legal material, censorship of communication, and separation of adults from juveniles.After a trial on the merits in 1977, the District Court for the Eastern District of Mic…

In 1975, the plaintiffs filed this class action suit against the Saginaw County Jail on behalf of themselves and all inmates, seeking permanent injunctive and declaratory relief. The plaintiffs challenged a variety of jail conditions, including disciplinary practices, visitation policies, availability of exercise, access to legal material, censorship of communication, and separation of adults from juveniles.

After a trial on the merits in 1977, the District Court for the Eastern District of Michigan (Judge James Harvey) issued an interim decree and enjoined defendants from failing to provide writing materials, due process before punishment, basic hygiene materials, a guide establishing inmate rights and privileges, street clothes, exercise programs, reading materials, a limited law library, and religious services. The court also required the defendants to submit proposals and reports on implementing the court's order within thirty days. O'Bryan v. Saginaw Co., 437 F. Supp 582 (E.D. Mich. 1977).

In 1978, the District Court issued a final judgment, permanently enjoining the defendants from violating the rights of all inmates at Saginaw County Jail. The court also required the defendants to abide by certain practices and procedures, including: admission procedure, classification procedure, physical examinations, rights and privileges, structural alterations, summoning guards, disciplinary proceedings, inmate guide, and inspections. O'Bryan v. Saginaw Co., 446 F. Supp. 436 (E.D. Mich. 1978). The defendants appealed the decision.

While the defendants' appeal was pending in the Sixth Circuit, they filed a petition for modification of the final judgment in light of the Supreme Court's decision Bell v. Wolfish, 441 U.S. 520 (1979). In 1980, the Sixth Circuit remanded the case to the District Court.

On January 14, 1981, the District Court issued an Order granting the defendant's motion for modification and altered the terms of the decree to reflect the defendant's desired changes. In February, the court issued another Order, granting the plaintiff's motion for reconsideration on remand of the contact visitation, receipt of publication, and medical treatment issues. The court issued a consent decree regarding the receipt of publication and medical treatment issues.

In December of 1981, the District Court held that inmates do not have a constitutional right to contact visitation, and ordered the defendants to submit a new visitation proposal to the court within thirty days addressing the use of barriers during pre-trial visitations. O'Bryan v. Saginaw Co., 529 F. Supp. 206 (E.D. Mich. 1981). The plaintiffs appealed, and in 1984, the Sixth Circuit affirmed the District Court's decision. O'Bryan v. Saginaw Co., 741 F.2d 283 (6th Cir. 1984).

The available docket for this case begins in 1993, when the defendants moved to impose barrier visitation procedures at the jail. The issue of barrier visitation procedures was resolved in 1994 when the Court of Appeals affirmed the District Court's holding that inmates do not have a constitutional right to contact visitation.

In 2011, a prisoner who had been confined to the jail filed a motion to show cause alleging that the defendants had failed to comply with many of the practices and procedures mandated by the permanent injunction. The defendants moved to dismiss the motion.

On October 27, 2011, the court (Judge Nancy G. Edmunds) denied the plaintiff's motion for an order to show cause and granted the defendants' motion to dismiss. Because the plaintiff was no longer in that jail and never filed any grievances while he was incarcerated there, his claims were moot.

The plaintiff filed a motion for reconsideration, arguing that he sought compensatory damages, fines, and costs, rather than injunctive relief. On November 29, 2011, the court denied the plaintiff's motion for reconsideration, finding that he did not demonstrate a palpable defect in the proceedings, as required by the Eastern District of Michigan’s Local Rule 7.1(h). The plaintiff appealed to the Sixth Circuit.

On December 7, 2012, the Sixth Circuit held that the district court erred in denying the plaintiff's motion on mootness grounds. The Sixth Circuit vacated the district court’s judgment and remanded for further proceedings. The docket, however, does not reflect any additional proceedings.

The Saginaw County Jail apparently remains bound under the Court's order for permanent injunctive relief.

Summary Authors

Lauren Cutson (5/19/2005)

Jessica Kincaid (3/18/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5190219/parties/obryan-v-saginaw-cnty/


Judge(s)

Edmunds, Nancy Garlock (Michigan)

Harvey, James (Michigan)

Hood, Joseph Martin (Kentucky)

Merritt, Gilbert Stroud Jr. (Tennessee)

Rogers, John M. (District of Columbia)

Wellford, Harry Walker (Tennessee)

Attorneys(s) for Plaintiff

Berger, Joel (New York)

Coulter, Delores M. (Michigan)

Ells, Alan S. (Michigan)

Gambino, Lawrence F. (Michigan)

Judge(s)

Edmunds, Nancy Garlock (Michigan)

Harvey, James (Michigan)

Hood, Joseph Martin (Kentucky)

Merritt, Gilbert Stroud Jr. (Tennessee)

Rogers, John M. (District of Columbia)

Wellford, Harry Walker (Tennessee)

Attorneys(s) for Plaintiff

Berger, Joel (New York)

Coulter, Delores M. (Michigan)

Ells, Alan S. (Michigan)

Gambino, Lawrence F. (Michigan)

Greenberg, Jack (New York)

Houseman, Alan W. (Michigan)

McMillen, Phyllis (New York)

Snelling, Philip H. (Michigan)

Stangl, Terri L. (Michigan)

Winter, Steven L. (New York)

Attorneys(s) for Defendant

Bovill, William S. (Michigan)

Burns, Jerome E. (Michigan)

Jensen, Peter C. (Michigan)

Jungerheld, William E. (Michigan)

Kelley, Frank J. (Michigan)

Lusk, Amy L. (Michigan)

Meyer, David B. (Michigan)

Documents in the Clearinghouse

Document

1:75-cv-10075

Docket [PACER]

Jan. 7, 2013

Jan. 7, 2013

Docket

1:75-cv-10075

Memorandum Opinion and Order

437 F.Supp. 582, 1977 U.S.Dist.LEXIS 13990

Sept. 14, 1977

Sept. 14, 1977

Order/Opinion

1:75-cv-10075

Final Judgment and Permanent Injunction

446 F.Supp. 436, 1978 U.S.Dist.LEXIS 20226

Jan. 11, 1978

Jan. 11, 1978

Order/Opinion

1:75-cv-10075

Memorandum Opinion and Order

529 F.Supp. 206, 1981 U.S.Dist.LEXIS 16640

Dec. 8, 1981

Dec. 8, 1981

Order/Opinion

82-01854

Reported Opinion

U. S. Court of Appeals for the Sixth Circuit

722 F.2d 313, 1983 U.S.App.LEXIS 14680

Dec. 8, 1983

Dec. 8, 1983

Order/Opinion

82-01383

Reported Opinion

U. S. Court of Appeals for the Sixth Circuit

741 F.2d 283, 1984 U.S.App.LEXIS 19303

Aug. 22, 1984

Aug. 22, 1984

Order/Opinion
306

1:75-cv-10075

Order Denying Plaintiff's Motion for Order to Show Cause and Granting Defendant's Motion to Dismiss

Ranke v. Saginaw County

2011 WL 5105787

Oct. 27, 2011

Oct. 27, 2011

Order/Opinion
308

1:75-cv-10075

Order Denying Plaintiff's Motion for Reconsideration

Ranke v. Saginaw County

Nov. 29, 2011

Nov. 29, 2011

Order/Opinion
315

12-01006

Order

U. S. Court of Appeals for the Sixth Circuit

Dec. 7, 2012

Dec. 7, 2012

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5190219/obryan-v-saginaw-cnty/

Last updated July 24, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
289

MOTION by defendants to impose barrier visitation procedures at the Saginaw County Jail with attachments, proof of mailing (tj) Modified on 03/15/1994 (Entered: 08/26/1993)

Aug. 19, 1993

Aug. 19, 1993

306

ORDER denying 292 Motion for Order to Show Cause; granting 304 Motion to Dismiss. Signed by District Judge Nancy G. Edmunds. (CHem)

Oct. 27, 2011

Oct. 27, 2011

RECAP
312

ORDER For Plaintiff Ranke to Comply with U.S.C. 1915(a)(2), ( Required Documentation due by 5/16/2012) Signed by District Judge Nancy G. Edmunds. (CHem)

April 16, 2012

April 16, 2012

RECAP
290

STIPULATION and order by Judge Nancy G. Edmunds disposing of motion to impose barrier visitation procedures (jl) (Entered: 06/27/1994)

March 9, 1994

March 9, 1994

317

Show Cause

June 15, 2021

June 15, 2021

PACER

RESOLUTION of motion to impose barrier visitation procedures at the Saginaw County Jail by defendants [289−1] − disposition: decided by order dated 3/9/94 − Judge Nancy G. Edmunds (jz) (Entered: 03/31/1994)

March 31, 1994

March 31, 1994

291

DOCKET SHEET. (CGre) Modified on 4/1/2011 (CGre). (Entered: 04/01/2011)

March 31, 2011

March 31, 2011

318

Application to Proceed Without Prepaying Fees or Costs

June 15, 2021

June 15, 2021

PACER
292

MOTION for Order to Show Cause by Reuben Ranke. (CGre) (Entered: 04/01/2011)

March 31, 2011

March 31, 2011

319

Change of Address/Contact Information

June 15, 2021

June 15, 2021

PACER
293

APPLICATION to Proceed In Forma Pauperis by Reuben Ranke. (CGre) (Entered: 04/01/2011)

March 31, 2011

March 31, 2011

320

Order on Motion to Show Cause

July 12, 2021

July 12, 2021

PACER
321

Show Cause

July 28, 2021

July 28, 2021

PACER
294

MOTION for Appointment of Counsel by Reuben Ranke. (CGre) (Entered: 04/01/2011)

March 31, 2011

March 31, 2011

322

Application to Proceed Without Prepaying Fees or Costs

July 28, 2021

July 28, 2021

PACER
295

NOTICE of Change of Address/Contact Information by Reuben Ranke. (DWor) (Entered: 04/20/2011)

April 20, 2011

April 20, 2011

297

ORDER Requiring plaintiff/movant to provide address for defendant, ( Response due by 5/20/2011 ) Signed by District Judge Nancy G. Edmunds. (CHem) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

TEXT−ONLY CERTIFICATE OF SERVICE re mailing of 296 Order on Application to Proceed In Forma Pauperis, 297 Order to provide address to Reuben Ranke,42497−039,MILAN FEDERAL CORRECTIONAL INSTITUTION,Inmate Mail/ParcelsP.O. BOX 1000, MILAN, MI 48160 (CHem) (Entered: 04/29/2011)

April 29, 2011

April 29, 2011

298

ADDRESS for defendant Saginaw, County of by Reuben Ranke (KCas) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

299

ACKNOWLEDGMENT from U.S. Marshal Service of Receipt of Service of Process Documents. (DWor) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

TEXT−ONLY PERSONAL SERVICE Returned Executed as to Saginaw, County of. (AKri) (Entered: 06/01/2011)

June 1, 2011

June 1, 2011

300

Return of Service of 292 MOTION for Order to Show Cause executed as to Saginaw, County of. (BSoc) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

301

NOTICE of Change of Address/Contact Information by Reuben Ranke. (PPau) (Entered: 06/13/2011)

June 10, 2011

June 10, 2011

302

NOTICE of Appearance by Amy L. Lusk on behalf of Saginaw, County of. (Lusk, Amy) (Entered: 06/14/2011)

June 14, 2011

June 14, 2011

303

RESPONSE to 292 MOTION for Order to Show Cause and Defendant's Assertion of Affirmative Defenses filed by Saginaw, County of. (Lusk, Amy) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

304

MOTION to Dismiss or, in the alternative, Motion for Summary Judgment and Brief in support of motions by Saginaw, County of. (Attachments: # 1 Exhibit Affidavit of Captain William H. Gutzwiller) (Lusk, Amy) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

305

REPLY to Response re 292 MOTION for Order to Show Cause filed by Reuben Ranke. (BSoc) (Entered: 07/07/2011)

July 7, 2011

July 7, 2011

307

MOTION for Reconsideration re 306 Order on Motion for Order to Show Cause, Order on Motion to Dismiss and in the Alternative Motion for Leave to File Amended Complaint by Reuben Ranke. (PMil) (Entered: 11/09/2011)

Nov. 9, 2011

Nov. 9, 2011

308

ORDER denying 307 Motion for Reconsideration. Signed by District Judge Nancy G. Edmunds. (CHem) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

TEXT−ONLY CERTIFICATE OF SERVICE re 308 Order on Motion for Reconsideration on Reuben Ranke 42497−039MARIONU.S. PENITENTIARYInmate Mail/ParcelsP.O. BOX 1000MARION, IL 62959 (CHem) (Entered: 11/29/2011)

Nov. 29, 2011

Nov. 29, 2011

309

NOTICE OF APPEAL by Reuben Ranke re 308 Order on Motion for Reconsideration. Fee Status: No Fee Paid. (DWor) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

310

Certificate of Service re 309 Notice of Appeal. (DWor) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

311

APPLICATION to Proceed In Forma Pauperis on Appeal by Reuben Ranke. (DWor) (Entered: 01/03/2012)

Jan. 3, 2012

Jan. 3, 2012

TEXT−ONLY CERTIFICATE OF SERVICE re 312 Order to Comply on Reuben Ranke, 42497−039, MARION U.S. PENITENTIARY, Inmate Mail/Parcels, P.O. BOX 1000, MARION, IL 62959 (CHem) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

313

APPLICATION to Proceed without prepayment of fees by Reuben Ranke. (PMil) (Entered: 05/18/2012)

May 18, 2012

May 18, 2012

314

ORDER Granting 313 Application to Proceed Without Prepayment of Fees on Appeal. Signed by District Judge Nancy G. Edmunds. (CHem) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

TEXT−ONLY CERTIFICATE OF SERVICE re 314 Order on Application to Proceed Without Prepayment of Fees on Reuben Ranke, 42497−039, MARIONU.S. PENITENTIARY, Inmate Mail/Parcels, P.O. BOX 1000, MARION, IL 62959 (CHem) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

315

ORDER from U.S. Court of Appeals − Sixth Circuit re 309 Notice of Appeal filed by Reuben Ranke − Disposition: VACATED and REMANDED for further proceedings [Appeal Case Number 12−1006] (KKra) Modified on 12/12/2012 (CHem). (Entered: 12/12/2012)

Dec. 7, 2012

Dec. 7, 2012

316

MANDATE from U.S. Court of Appeals − Sixth Circuit as to 309 Notice of Appeal filed by Reuben Ranke [Appeal Case Number 12−1006] (KKra) (Entered: 01/09/2013)

Jan. 7, 2013

Jan. 7, 2013

323

ORDER denying 321 Motion for order to show cause without prejudice and directing the Clerk's Office to docket the motion within a new case - Signed by District Judge Nancy G. Edmunds. (DPer)

July 30, 2021

July 30, 2021

RECAP
324

Change of Address/Contact Information

Aug. 26, 2021

Aug. 26, 2021

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Jan. 1, 1975

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

inmates at the Saginaw County Jail

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Saginaw County Jail (Saginaw), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1975 - None

Issues

General:

Access to lawyers or judicial system

Assault/abuse by staff

Classification / placement

Disciplinary procedures

Food service / nutrition / hydration

Law library access

Library (non-law) access

Mail

Phone

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Visiting

Type of Facility:

Government-run