Case: ACLU of Michigan v. Livingston County

2:14-cv-11213 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 24, 2014

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On March 24, 2014, ACLU of Michigan, a not-for-profit organization dedicated to protecting individuals' constitutional rights, filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against Livingston County, Livingston County's sheriff, and the County's jail administrator, under 42 U.S.C. § 1983. The plaintiff sought declaratory, injunctive, and monetary relief, and attorney's fees, alleging that the defendants violated their constitutional rights by their "postcard…

On March 24, 2014, ACLU of Michigan, a not-for-profit organization dedicated to protecting individuals' constitutional rights, filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against Livingston County, Livingston County's sheriff, and the County's jail administrator, under 42 U.S.C. § 1983. The plaintiff sought declaratory, injunctive, and monetary relief, and attorney's fees, alleging that the defendants violated their constitutional rights by their "postcard only" policy, which required all mail sent to the jail, except bona fide legal mail, had to be on standard white postcards with no pictures. As a result, ACLU's mail to the inmates was not delivered. The plaintiffs alleged violation of their First Amendment and Fourteenth Amendment Due Process rights.

On April 9, 2014, the plaintiffs filed motions for a temporary restraining order (TRO) and preliminary injunction. On April 11, 2014, the Court (Judge Denise Page Hood) issued an order granting the TRO and ordering the jail to deliver ACLU's mail to specifically named inmates. 2014 WL 12659924. On April 25, 2014, the Court extended the TRO until May 13, 2014. On May 15, 2014, the Court granted the plaintiff's motion for preliminary injunction. The Court reasoned that the mail sent by ACLU to the prisoners was, in fact, legal mail, and enjoined the defendants from refusing to deliver the mail to prisoners. The prison was ordered to continue delivering ACLU's mail to the prisoners, and if any prisoner was no longer in custody, the prison had to return the mail, and indicate that the intended recipient was no longer in custody. 23 F.Supp.3d 834. The defendants appealed the injunction to the Sixth Circuit Court of Appeals.

On May 16, 2014, the defendants filed a motion to stay the injunction pending the appeal. The District Court denied the motion on May 27, 2014, stating that, although the defendants will suffer some harm, the balancing of public interests weighs in favor of denying stay. 2014 WL 12662064. On July 10, 2014, the Sixth Circuit also denied the motion to stay, stating that ACLU's would likely be ruled legal mail and that the balancing of public interests weighs in favor of denying stay.

On August 11, 2015, the Sixth Circuit Court of Appeals affirmed the District Court's decision to grant a preliminary injunction for the plaintiff. The court reasoned that the preliminary injunction was appropriate on the grounds that the plaintiff was likely to succeed on their First and Fourteenth Amendment claims. 796 F.3d 636. Defendants filed a petition for writ of certiorari in response to this order, which was denied on March 4, 2016.

Shortly after, the parties began to engage in settlement discussions. The parties entered into a voluntary settlement agreement on September 23, 2016. The defendant agreed to adopt a policy treating properly labeled mail from an attorney as legal mail, regardless of whether the attorney had an attorney-client relationship with the prisoner. The defendant also adopted a policy that required notice of undelivered mail, and the opportunity to contest non-delivery. The parties stipulated to voluntary dismissal, and the case was dismissed with prejudice on September 23, 2016. The court retained jurisdiction to enforce the settlement agreement. The case is now closed.

Summary Authors

Zhandos Kuderin (7/29/2014)

Erin Pamukcu (2/21/2016)

Elizabeth Heise (10/18/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5348615/parties/american-civil-liberties-union-fund-of-michigan-v-livingston-county-of/


Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Gibbons, Julia Smith (Tennessee)

Hood, Denise Page (Michigan)

Mahoney, Tara J. (Michigan)

Moore, Karen Nelson (Ohio)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Rolecki, John Joseph (Michigan)

Steinberg, Michael J. (Michigan)

Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Gibbons, Julia Smith (Tennessee)

Hood, Denise Page (Michigan)

Mahoney, Tara J. (Michigan)

Moore, Karen Nelson (Ohio)

Whalen, R. Steven (Michigan)

Attorneys(s) for Plaintiff

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Rolecki, John Joseph (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Curlew, Douglas J. (Michigan)

Daley, Karen M. (Michigan)

Lowry, Sara E. (Michigan)

Peck, Lindsey A. (Michigan)

Seward, T. Joseph (Michigan)

Documents in the Clearinghouse

Document

2:14-cv-11213

Docket [PACER]

March 21, 2018

March 21, 2018

Docket
1

2:14-cv-11213

Verified Complaint

March 24, 2014

March 24, 2014

Complaint
12

2:14-cv-11213

Order Granting Motion for Temporary Restraining Order and Notice Setting Hearing Date on Motion for Preliminary Injunction

April 11, 2014

April 11, 2014

Order/Opinion
23

2:14-cv-11213

Order Granting Motion for Extension of Temporary Restraining Order [#21]

April 25, 2014

April 25, 2014

Order/Opinion
34

2:14-cv-11213

Order Granting Plaintiff's Motion for Preliminary Injunction [#11]

23 F.Supp.3d 834

May 15, 2014

May 15, 2014

Order/Opinion
41

2:14-cv-11213

Order Denying Motion to Stay Pending Appeal [#37]

American Civil Liberties Union Fund of Michigan v. Livingston

May 27, 2014

May 27, 2014

Order/Opinion
18

0:14-01617

Order

U. S. Court of Appeals for the Sixth Circuit

July 10, 2014

July 10, 2014

Order/Opinion
75

2:14-cv-11213

Judgment

U. S. Court of Appeals for the Sixth Circuit

796 F.3d 636

Aug. 11, 2015

Aug. 11, 2015

Order/Opinion
95

2:14-cv-11213

Stipulated Order of Voluntary Dismissal and Settlement Agreement

American Civil Liberties Union Fund of Michigan v. Livingston County

Sept. 23, 2016

Sept. 23, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5348615/american-civil-liberties-union-fund-of-michigan-v-livingston-county-of/

Last updated Aug. 2, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
23

ORDER Granting Motion for Extension of Temporary Restraining Order 21 . Signed by District Judge Denise Page Hood. (LSau)

April 25, 2014

April 25, 2014

RECAP
1

COMPLAINT (Verified) filed by American Civil Liberties Union Fund of Michigan against All Defendants. Plaintiff requests summons issued. Receipt No: 0645−4560473 − Fee: &#036 400. County of 1st Plaintiff: Wayne − County Where Action Arose: Livingston − County of 1st Defendant: Livingston. [Previously dismissed case: No] [Possible companion case(s): E.D. Mich., 11−cv−13460, Judge Denise Page Hood] (Attachments: # 1 Index of Exhibits, # 2 Exhibit Verification, # 3 Exhibit Livingston County Jail's website, # 4 Exhibit ACLU National Prison Project, # 5 Exhibit Cox v. Homan consent judgment, # 6 Exhibit Letters Are Better, # 7 Exhibit Return to Sender, # 8 Exhibit ACLU letter to inmate, # 9 Exhibit Cremonte deposition, # 10 Exhibit Cremonte email and attachments) (Korobkin, Daniel) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

2

SUMMONS Issued for *Livingston, County of* (DWor) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

34

ORDER granting Plaintiff's 11 Motion for Preliminary Injunction. Signed by District Judge Denise Page Hood. (JOwe)

May 15, 2014

May 15, 2014

RECAP
41

ORDER denying 37 Motion to Stay Pending Appeal. Signed by District Judge Denise Page Hood. (JOwe)

May 27, 2014

May 27, 2014

RECAP
3

SUMMONS Issued for *Bob Bezotte* (DWor) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

4

SUMMONS Issued for *Tom Cremonte* (DWor) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

82

ORDER Regarding Various Motions and Setting Status Conference Date. Signed by District Judge Denise Page Hood. (LSau)

March 31, 2016

March 31, 2016

RECAP
5

NOTICE by American Civil Liberties Union Fund of Michigan of Companion Cases (Korobkin, Daniel) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

6

NOTICE of Appearance by Michael J. Steinberg on behalf of American Civil Liberties Union Fund of Michigan. (Steinberg, Michael) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

7

ORDER REASSIGNING CASE from District Judge Sean F. Cox to District Judge Denise Page Hood. (SSch) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

8

NOTICE of Appearance by Tara E. Mahoney on behalf of American Civil Liberties Union Fund of Michigan. (Mahoney, Tara) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

9

CERTIFICATE of Service/Summons Returned Executed. Livingston, County of served on 4/2/2014, answer due 4/23/2014. (Mahoney, Tara) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

11

MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by American Civil Liberties Union Fund of Michigan. (Korobkin, Daniel) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

12

ORDER Granting 11 MOTION for Temporary Restraining Order and Notice of Setting Hearing Date on 11 MOTION for Preliminary Injunction :( Response due by 4/25/2014 , Reply due by 5/2/2014 , Motion Hearing set for 5/12/2014 03:00 PM before District Judge Denise Page Hood ). Signed by District Judge Denise Page Hood. (JOwe) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

13

CERTIFICATE of Service/Summons Returned Executed.. (Mahoney, Tara) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

14

CERTIFICATE OF SERVICE re 12 Order, Set Motion and R&R Deadlines/Hearings, Terminate Motions,,, 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by All Plaintiffs (Steinberg, Michael) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

15

CERTIFICATE of Service/Summons Returned Executed. Bob Bezotte served on 4/16/2014, answer due 5/7/2014. (Mahoney, Tara) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

16

NOTICE of Appearance by T. Joseph Seward on behalf of All Defendants. (Seward, T.) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

17

ANSWER to Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Attachments: # 1 Document Continuation Affirmative Defenses, # 2 Document Continuation Demand for Trial by Jury) (Seward, T.) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

18

MOTION to Strike 1 Complaint,,, Plaintiff's Exhibit H by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit) (Seward, T.) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

19

NOTICE OF HEARING on 18 MOTION to Strike 1 Complaint, Plaintiff's Exhibit H . Motion Hearing set for 5/12/2014 03:00 PM before District Judge Denise Page Hood (JOwe) (Entered: 04/18/2014)

April 18, 2014

April 18, 2014

20

RESPONSE to 18 MOTION to Strike 1 Complaint,,, Plaintiff's Exhibit H filed by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Defendants' Motion for Sanctions, # 3 Exhibit B − ACLU's Response in Opposition, # 4 Exhibit C − Defendants' Reply to ACLU's Response) (Korobkin, Daniel) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

21

MOTION for Temporary Restraining Order (Extension of) by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Exhibit Korobkin Declaration) (Korobkin, Daniel) (Entered: 04/24/2014)

April 24, 2014

April 24, 2014

22

RESPONSE to 21 MOTION for Temporary Restraining Order (Extension of) filed by All Defendants. (Curlew, Douglas) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

24

RESPONSE to 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Lt. Cremonte Dep, # 3 Exhibit McKay v. Federspiek, # 4 Exhibit Marr v. James, # 5 Exhibit Chatman v. Felker, # 6 Exhibit Standly v. Lyder, # 7 Exhibit Hymes v. Grimmett, # 8 Exhibit Samonte v. Maglinti, # 9 Exhibit Blizzard v. Matty, # 10 Exhibit Auscape Int'l v. Nat'l Geo. Society, # 11 Exhibit Hood v. Central United Life, # 12 Exhibit EEOC v. CRST, # 13 Exhibit Caldwell v. Folino, # 14 Exhibit Roddy v. West Virginia, # 15 Exhibit Cotner v. Knight, # 16 Exhibit Anderson v. Prisoner Health, # 17 Exhibit Fisher v. Caruso) (Kaczmarek, Lindsey) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

25

MOTION for Leave to File Excess Pages in Support of Response to Plaintiff's Motion for Preliminary Injunction by All Defendants. (Kaczmarek, Lindsey) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

27

SUPPLEMENTAL BRIEF re 18 MOTION to Strike 1 Complaint,,, Plaintiff's Exhibit H in Support filed by All Defendants. (Lowry, Sara) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

28

MOTION by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Marr v. James, # 3 Exhibit 2 Chatman v. Felker, # 4 Exhibit 3 Standley v. Lyder, # 5 Exhibit 4 Hymes v. Grimmett, # 6 Exhibit 5 Samonte v. Maglinti, # 7 Exhibit 6 Blizzard v. Matty, # 8 Exhibit 7 Auscape Int'l v. Nat'l Geographic Society, # 9 Exhibit 8 Hood v. Central United Life Insurance Company, # 10 Exhibit 9 E.E.O.C. v. C.R.S.T. Van Expedited, Inc.) (Curlew, Douglas) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

29

REPLY to Response re 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Cremonte Deposition Transcript (additional excerpts), # 3 Exhibit B − Inmate Rules & Regulations, # 4 Exhibit C − Prain Declaration from PLN v. Bezotte, # 5 Exhibit D − Sample Envelope from ACLU to Inmate) (Korobkin, Daniel) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

30

MOTION for Leave to File Excess Pages by American Civil Liberties Union Fund of Michigan. (Korobkin, Daniel) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

31

ORDER Granting Defendants' Ex Parte 25 Motion to File Oversized Brief In Support of Response to Plaintiff's Motion for Preliminary Injunction. Signed by District Judge Denise Page Hood. (Loury, R) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

32

ORDER Granting Plaintiff's 30 Motion for Leave to Exceed Page Limit. Signed by District Judge Denise Page Hood. (Loury, R) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

33

Notice of Determination of Motion Without Oral Argument re 28 MOTION. (LSau) (Entered: 05/09/2014)

May 9, 2014

May 9, 2014

Minute Entry for proceedings held before District Judge Denise Page Hood: Motion Hearing held on 5/12/2014 re 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by American Civil Liberties Union Fund of Michigan Disposition: TAKEN UNDER ADVISEMENT(Court Reporter Cheryl Warren Daniel) (LSau) (Entered: 05/13/2014)

May 12, 2014

May 12, 2014

35

NOTICE OF APPEAL by All Defendants. Receipt No: 0645−4644603 − Fee: $ 505 − Fee Status: Fee Paid. (Attachments: # 1 Exhibit Order Granting Plaintiff's Motion for Injunction) (Daley, Karen) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

36

Certificate of Service re 35 Notice of Appeal. (KKra) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

37

Emergency MOTION to Stay Injunction Pending Appeal by All Defendants. (Seward, T.) (Entered: 05/16/2014)

May 16, 2014

May 16, 2014

38

RESPONSE to 37 Emergency MOTION to Stay Injunction Pending Appeal Plaintiff's Response in Opposition to Defendants' Emergency Motion to Stay Injunction Pending Appeal filed by American Civil Liberties Union Fund of Michigan. (Mahoney, Tara) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

39

Notice of Determination of Motion Without Oral Argument re 37 Emergency MOTION to Stay Injunction Pending Appeal (LSau) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

Court Reporter Acknowledgment of Transcript Order Form received on 052214. Transcript for court proceeding held on: 051214. Estimated transcript completion date: 062214. Estimated number of pages: 45. Payment arrangements were made on 052214. (Daniel, C.) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

40

REPLY to Response re 37 Emergency MOTION to Stay Injunction Pending Appeal filed by All Defendants. (Kaczmarek, Lindsey) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

43

SCHEDULING ORDER: Discovery due by 3/16/2015 Dispositive Motion Cut−off set for 4/16/2015 Final Pretrial Conference set for 7/13/2015 02:00 PM before District Judge Denise Page Hood Jury Trial set for 8/11/2015 09:00 AM before District Judge Denise Page Hood Signed by District Judge Denise Page Hood. (Refer to image for additional dates) (JOwe) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

44

ORDER from U.S. Court of Appeals − Sixth Circuit re 35 Notice of Appeal filed by Livingston, County of, Tom Cremonte, Bob Bezotte [Appeal Case Number 14−1617] (KKra) (Entered: 07/18/2014)

July 10, 2014

July 10, 2014

45

TRANSCRIPT of Motion Hearing held on 5/12/14. (Court Reporter/Transcriber: Cheryl Daniel) (Number of Pages: 32) (Appeal Purposes) 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 8/22/2014. Redacted Transcript Deadline set for 9/2/2014. Release of Transcript Restriction set for 10/30/2014. 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. (Daniel, C.) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

46

WITNESS LIST by American Civil Liberties Union Fund of Michigan (Rolecki, John) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

47

WITNESS LIST by All Defendants (Seward, T.) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

48

ATTORNEY APPEARANCE: John Joseph Rolecki appearing on behalf of American Civil Liberties Union Fund of Michigan (Rolecki, John) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

49

MOTION to respond to Plaintiff's Interrogatory Numbers 7 and 9, and Request for Production Number 20 Motion to Compel Defendants' Response to Plaintiff's Interrogatory Nos. 7 and 9, and Request for Production No. 20 by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents, # 3 Exhibit B − Defendants' Answer and Objections to Plaintiff's First Set of Interrogatories and Requests for Production of Documents, # 4 Exhibit Letter to T. Joseph Seward, Esq. dated August 13, 2014) (Rolecki, John) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

50

RESPONSE to 49 MOTION to respond to Plaintiff's Interrogatory Numbers 7 and 9, and Request for Production Number 20 Motion to Compel Defendants' Response to Plaintiff's Interrogatory Nos. 7 and 9, and Request for Production No. 20 filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Seward, T.) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

51

ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 49 MOTION to respond to Plaintiff's Interrogatory Numbers 7 and 9, and Request for Production Number 20 Motion to Compel Defendants' Response to Plaintiff's Interrogatory Nos. 7 and 9, and Request for Production No. 20 filed by American Civil Liberties Union Fund of Michigan. Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

52

MOTION Seeking Protective Order by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Deposition Notices, # 3 Exhibit B − Letter to John Rolecki Dated October 31, 2014, # 4 Exhibit C − Cremonte Transcript, # 5 Exhibit D − Davis Transcripot, # 6 Exhibit E − Clerical staff that were deposed) (Seward, T.) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

53

MOTION Compel Defendants' Depositions Motion to Compel Defendants' Depositions by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Deposition Notices of Tom Cremonte, Bob Bezotte and Livingston County, # 3 Exhibit B − T. Joseph Seward letter dated 10/31/2014, # 4 Exhibit C − Tom Cremonte Deposition Extracts) (Rolecki, John) (Entered:

Nov. 5, 2014

Nov. 5, 2014

55

ORDER REFERRING MOTION to Magistrate Judge R. Steven Whalen: 53 MOTION Compel Defendants' Depositions Motion to Compel Defendants' Depositions filed by American Civil Liberties Union Fund of Michigan, 52 MOTION Seeking Protective Order filed by Livingston, County of, Tom Cremonte, Bob Bezotte. Signed by District Judge Denise Page Hood. (LSau) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

56

NOTICE OF HEARING on 52 MOTION Seeking Protective Order, 53 MOTION to Compel Defendants' Depositions , and 49 Motion to Compel Defendants' Response to Plaintiff's Interrogatory Nos. 7 and 9, and Request for Production No. 20. Resolved/Unresolved Issues due by 12/9/2014. Motion Hearing set for 12/11/2014 at 10:00 AM before Magistrate Judge R. Steven Whalen . (THac) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

57

RESPONSE to 53 MOTION Compel Defendants' Depositions Motion to Compel Defendants' Depositions filed by All Defendants. (Seward, T.) (Entered: 11/17/2014)

Nov. 17, 2014

Nov. 17, 2014

58

RESPONSE to 52 MOTION Seeking Protective Order ACLU's Response in Opposition to Defendants' Motion Seeking Protective Order Under Civ. P. 26(b(2)(C) and 26(c)(1) filed by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

59

REPLY to Response re 52 MOTION Seeking Protective Order filed by All Defendants. (Seward, T.) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

60

REPLY to Response re 53 MOTION Compel Defendants' Depositions Motion to Compel Defendants' Depositions Plaintiff's Reply Brief in Further Support of Its Motion to Compel Defendants' Depositions filed by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

61

STATEMENT of Resolved and Unresolved Issues Joint List of Unresolved Issues by American Civil Liberties Union Fund of Michigan (Rolecki, John) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

Minute Entry for proceedings before Magistrate Judge R. Steven Whalen: Motion Hearing held on 12/11/2014 re 53 MOTION Compel Defendants' Depositions Motion to Compel Defendants' Depositions filed by American Civil Liberties Union Fund of Michigan, 49 MOTION to respond to Plaintiff's Interrogatory Numbers 7 and 9, and Request for Production Number 20 Motion to Compel Defendants' Response to Plaintiff's Interrogatory Nos. 7 and 9, and Request for Production No. 20 filed by American Civil Liberties Union Fund of Michigan, 52 MOTION Seeking Protective Order filed by Livingston, County of, Tom Cremonte, Bob Bezotte − Disposition: DEFENDANTS' 52 MOTION AND PLAINTIFF'S 53 MOTION ARE BOTH GRANTED IN PART AND DENIED IN PART − PLAINTIFF'S 49 MOTION IS GRANTED IN PART AND DENIED IN PART. (Tape #RSW 12/11/2014) (Ciesla, C) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

62

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S 49 Motion to Compel. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

63

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' 52 Motion FOR A PROTECTIVE ORDERAND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S 53 Motion TO COMPEL DEPOSITIONS. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

64

NOTICE by All Defendants re 63 Order on Motion − Free, Defendants' Objections to Magistrate Judge's Order (Seward, T.) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

66

MOTION TO EXTEND Discovery Period by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

67

MOTION for Protective Order Under Fed. R.Civ. P. 26(b)(2)(C) and 26(c)(1) by American Civil Liberties Union Fund of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Defendants' First Set of Interrogatories and Request for Production of Documents Directed to Plaintiff, American Civil Liberties Union Fund of Michigan, # 3 Exhibit B− Plaintiff's Resposes to Defendants' First Set of Interrogatories Directed to Plaintiff, American Civil Liberties Union Fund of Michigan, # 4 Exhibit C − Notice of Taking Video Deposition, Duces Tecum of Representative(s) of Plaintiff, American Civil Liberties Union Fund of Michigan) (Rolecki, John) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

68

NOTICE OF HEARING on 66 MOTION TO EXTEND Discovery Period , 67 MOTION for Protective Order Under Fed. R.Civ. P. 26(b)(2)(C) and 26(c)(1) . Motion Hearing set for 4/16/2015 04:00 PM before District Judge Denise Page Hood (LSau) (Entered: 03/11/2015)

March 11, 2015

March 11, 2015

69

RESPONSE to 66 MOTION TO EXTEND Discovery Period filed by Bob Bezotte, Tom Cremonte, Livingston, County of. (Seward, T.) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

70

RESPONSE to 52 MOTION Seeking Protective Order filed by Bob Bezotte, Tom Cremonte, Livingston, County of. (Seward, T.) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

71

REPLY to Response re 67 MOTION for Protective Order Under Fed. R.Civ. P. 26(b)(2)(C) and 26(c)(1) filed by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

72

REPLY to Response re 66 MOTION TO EXTEND Discovery Period filed by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

Minute Entry for proceedings before District Judge Denise Page Hood: Motion Hearing held on 4/16/2015 re 67 MOTION for Protective Order − TAKEN UNDER ADVISEMENT; and 66 MOTION TO EXTEND Discovery Period − RULE ON THE BRIEFS. (Court Reporter Cheryl Warren Daniel) (LSau) (Entered: 04/17/2015)

April 16, 2015

April 16, 2015

TEXT−ONLY NOTICE: Final Pretrial Conference Hearing on July 13, 2015 and Jury Trial on August 11, 2015 are Cancelled re 43 Scheduling Order. (LSau) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

73

NOTICE of Appearance by Lindsey A. Kaczmarek on behalf of All Defendants. (Kaczmarek, Lindsey) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

74

STIPULATION AND ORDER for substitution of counsel. Signed by District Judge Denise Page Hood. (DPer) (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

75

JUDGMENT from U.S. Court of Appeals − Sixth Circuit re 35 Notice of Appeal filed by Livingston, County of, Tom Cremonte, Bob Bezotte [Appeal Case Number 14−1617] (KCla) (Entered: 08/17/2015)

Aug. 11, 2015

Aug. 11, 2015

76

MANDATE from U.S. Court of Appeals − Sixth Circuit as to 35 Notice of Appeal filed by Livingston, County of, Tom Cremonte, Bob Bezotte, 75 Appeal Order/Opinion/Judgment [Appeal Case Number 14−1617] (Ahmed, N) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

77

NOTICE TO APPEAR: Status Conference set for 12/14/2015 02:00 PM before District Judge Denise Page Hood (DPar) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

Minute Entry for proceedings before District Judge Denise Page Hood: Status Conference held on 12/14/2015 (LSau) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

78

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 1/11/2016 04:00 PM before District Judge Denise Page Hood (LSau) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

TEXT−ONLY NOTICE: Status Conference Hearing on January 11, 2016 is Cancelled re 78 Notice to Appear. (LSau) (Entered: 01/07/2016)

Jan. 7, 2016

Jan. 7, 2016

80

STIPULATED ORDER for Deposition of Tom Cremonte Signed by District Judge Denise Page Hood. (KJac) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

81

LETTER from the US Supreme Court denying the petition for writ of certiorari [Supreme Court Case Number: 15−836] [Court of Appeals Case Number: 14−1617] (Ahmed, N) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

83

NOTICE TO APPEAR: Status Conference set for 6/15/2016 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

84

MOTION yes for Facilitation Conference and To Hold Discovery in Abeyance by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

85

NOTICE OF HEARING on 84 MOTION yes for Facilitation Conference and To Hold Discovery in Abeyance . Motion Hearing set for 5/16/2016 11:00 AM before District Judge Denise Page Hood (LSau) (Entered: 05/09/2016)

May 9, 2016

May 9, 2016

Set/Reset Deadlines as to 84 MOTION yes for Facilitation Conference and To Hold Discovery in Abeyance . Motion Hearing set for 5/19/2016 09:30 AM (TIME CHANGE ONLY) before District Judge Denise Page Hood (LSau) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

Set/Reset Deadlines as to 84 MOTION yes for Facilitation Conference and To Hold Discovery in Abeyance . Motion Hearing set for 5/16/2016 09:30 AM before District Judge Denise Page Hood (LSau) (Entered: 05/13/2016)

May 13, 2016

May 13, 2016

Minute Entry for proceedings before District Judge Denise Page Hood: Motion Hearing held on 5/16/2016 re 84 MOTION yes for Facilitation Conference and To Hold Discovery in Abeyance filed by American Civil Liberties Union Fund of Michigan Disposition: Motion granted (Court Reporter: Cheryl Daniel) (LSau) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

86

ORDER REFERRING OTHER MATTERS to Magistrate Judge David R. Grand : Settlement Conference. Signed by District Judge Denise Page Hood. (LSau) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

87

NOTICE TO APPEAR: Settlement Conference set for 6/6/2016 09:30 AM before Magistrate Judge David R. Grand (EBut) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

89

RENOTICE TO APPEAR: Settlement Conference set for 6/17/2016 01:00 PM before Magistrate Judge David R. Grand (EBut) (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

Set Deadlines/Hearings: Status Conference RESET for 7/18/2016 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 06/03/2016)

June 3, 2016

June 3, 2016

90

RENOTICE TO APPEAR: Settlement Conference set for 8/5/2016 09:30 AM before Magistrate Judge David R. Grand (EBut) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

91

STIPULATED ORDER TO ADJOURN STATUS CONFERENCE ( Status Conference reset for 8/22/2016 02:30 PM before District Judge Denise Page Hood ) Signed by District Judge Denise Page Hood. (KWin) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

Minute Entry for proceedings before Magistrate Judge David R. Grand: Settlement Conference held on 8/5/2016 Disposition: Settlement conference held. Parties shall continue their settlement discussions in good faith as directed by the Court. The Court will hold a telephonic continued settled conference on Monday, August 15, 2016, at 3:00 p.m. (EBut) (Entered: 08/08/2016)

Aug. 5, 2016

Aug. 5, 2016

92

MOTION for Withdrawal of Attorney John J. Rolecki by American Civil Liberties Union Fund of Michigan. (Rolecki, John) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

93

ORDER of Attorney Withdrawal. Signed by District Judge Denise Page Hood. (SSch) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

Minute Entry for proceedings before Magistrate Judge David R. Grand: Telephonic Settlement Conference held on 8/15/2016. Disposition: Parties placed the terms of a settlement on the record, subject to County Board approval. The Court expects the parties to file documents necessary to close the case within 45 days. Should any impediment towards meeting that deadline arise, counsel shall jointly contact the Court. (Court Reporter: Digitally Recorded) (EBut) (Entered: 08/16/2016)

Aug. 15, 2016

Aug. 15, 2016

TEXT−ONLY NOTICE: Status Conference on 8/22/2016 is Cancelled. (DPar) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

Case Details

State / Territory: Michigan

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 24, 2014

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The ACLU of Michigan

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU of Michigan

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Livingston County (Livingston), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2014 - None

Content of Injunction:

Implement complaint/dispute resolution process

Preliminary relief granted

Reporting

Issues

General:

Access to lawyers or judicial system

Mail

Type of Facility:

Government-run