Case: Semelbauer v. Muskegon County

1:14-cv-01245 | U.S. District Court for the Western District of Michigan

Filed Date: Dec. 4, 2014

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On December 4, 2014, eight female inmates of Muskegon County Jail (MCJ) filed this lawsuit in the U.S. District Court for the Western District of Michigan under 42 U.S.C. § 1983 against Muskegon County, Michigan. The plaintiffs, represented by the ACLU of Michigan and private counsel, sought declaratory relief, injunctive relief, and damages, claiming that the conditions of confinement at the MCJ were inhumane and unconstitutional. The plaintiffs brought the case as a class action; it was ass…

On December 4, 2014, eight female inmates of Muskegon County Jail (MCJ) filed this lawsuit in the U.S. District Court for the Western District of Michigan under 42 U.S.C. § 1983 against Muskegon County, Michigan. The plaintiffs, represented by the ACLU of Michigan and private counsel, sought declaratory relief, injunctive relief, and damages, claiming that the conditions of confinement at the MCJ were inhumane and unconstitutional. The plaintiffs brought the case as a class action; it was assigned to Judge Janet T. Neff.

Specifically, the plaintiffs alleged that, in addition to being exposed to unsafe physical conditions, male guards at the prison are permitted to watch female inmates while they change clothes, shower, and use the bathroom. The plaintiff also alleged they were referred to by slurs and often denied clean underwear and basic sanitary items such as toilet paper and feminine hygiene products. These conditions, the plaintiffs contended, violated the prohibition against unreasonable searches and seizures under the Fourth Amendment, the prohibition against cruel and unusual punishment under the Eighth Amendment, and the prohibition against punishment of pretrial detainees under the Due Process Clause of the Fourteenth Amendment.

On the same day the complaint was filed, the plaintiffs filed a motion for preliminary injunction and to certify the class. The plaintiffs sought an order requiring the defendants to take immediate measures to repair broken and backed-up plumbing and other failures of basic infrastructure, treat and exterminate infestations of mold and vermin, and implement a regular system of inspection, maintenance and repair to prevent these and related conditions. The plaintiffs also sought for the defendants to provide female prisoners with privacy from being routinely viewed by male prison staff, to provide women with reasonable access to toilet paper, feminine hygiene products, clean undergarments, etc., and to provide these prisoners with out-of-cell exercise opportunities for at least one hour per day.

The motion for class certification consisted of four classes: (1) all current and future inmates at the Muskegon County Jail (“MCJ”), represented by plaintiff Stashia Collins, seeking declaratory and injunctive relief from unconstitutional conditions of confinement that affect all inmates (Overcrowding Injunctive Class); (2) all current and future female inmates at MCJ, represented by Ms. Collins, seeking declaratory and injunctive relief from unconstitutional conditions of confinement specific to female inmates (Female Injunctive Class); (3) all inmates incarcerated at MCJ within three years prior to the filing of the complaint in this case, represented by the plaintiffs, seeking damages for harm suffered as a result of unconstitutional conditions of confinement that affect all inmates (Overcrowding Damages Class); and (4) all female inmates incarcerated at MCJ within three years prior to the filing of the complaint in this case, represented by the plaintiffs, seeking damages for harm suffered as a result of unconstitutional conditions of confinement specific to female inmates (Female Damages Class).

On February 6, 2015, the plaintiffs filed an amended complaint, adding three additional named plaintiffs. On July 1, 2015, the defendants moved for summary judgment on the amended complaint, arguing that it failed to state any plausible Eighth or Fourteenth Amendment conditions of confinement claims.

On September 11, 2015, Judge Neff granted in part and denied in part the defendant’s motion. 2015 WL 9906265. The court dismissed Count III (Denial of Access to Feminine Hygiene Products, Toilet Paper and Adequate Underwear and Other Clothing) and Count IV (Severe Overcrowding and Other Abysmal Conditions) but retained Count I (Violation of Privacy and Bodily Integrity) and Count II (Denial of Exercise). In the same order, Judge Neff denied without prejudice the plaintiffs’ pending motions for class certification, a preliminary injunction, and expert testimony in support of a preliminary injunction but left the plaintiffs opportunity to re-file to conform to the court’s standards.

The plaintiffs appealed this order to the U.S. Court of Appeals for the Sixth Circuit insofar as the district court’s order denied the plaintiffs’ motion for a preliminary injunction, granted the defendants’ motion for summary judgment with respect to Count III, and denied the plaintiffs’ motion for class certification. On May 12, 2016, the Sixth Circuit dismissed the appeal as it pertained to the motion for summary judgment and the motion for class certification but the appeal was allowed to proceed as it related to the denial of preliminary injunction. The plaintiffs filed a motion for reconsideration of this decision but the motion was denied on December 12, 2016.

On March 31, 2016, the plaintiffs moved for joinder of four new plaintiffs and partial renewal of class certification. Specifically, the plaintiffs requested certification of a class of all current and future female inmates at the Muskegon County Jail (MCJ) seeking declaratory and injunctive relief. On February 7, 2017, the court entered an order holding these motions in abeyance.

On October 19, 2016, the parties agreed to dismiss Count V of the complaint and filed an order of dismissal. The court granted this motion that same day. The following year, the parties were able to come to a settlement agreement. On May 31, 2017, the parties had a settlement conference before Magistrate Judge Ellen S. Carmody, where the parties reviewed their settlement. The agreement, consisted of monetary and injunctive relief. Each plaintiff was to be paid damages in the amount of $20,000 and the defendants were required to change policies regarding dispersal of medication, hygiene products, exercise, and cross-gender viewing. The agreement dictated that, pending final approval by the court, this case would be dismissed with prejudice and the appeal and the motion for class certification would be withdrawn.

Having settled, the parties filed a proposed stipulation and order of dismissal with prejudice which the court granted on July 24, 2017. The district court did not retain jurisdiction to enforce the agreement due to it being a private settlement agreement. That same day, the Sixth Circuit dismissed the appeal. There has been no other activity on the docket as of June 27, 2018.

Summary Authors

Robert Lake (6/17/2015)

Jake Parker (6/27/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6070077/parties/semelbauer-v-muskegon-county/


Judge(s)

Neff, Janet T. (Michigan)

Attorneys(s) for Plaintiff

Allen, Marc S. (Michigan)

Aukerman, Miriam (Michigan)

Carlson, Kevin M. (Michigan)

Drew, Stephen R. (Michigan)

Johnson, Andrea J. (Michigan)

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Nelson, Sofia V (Michigan)

Pitt, Michael L. (Michigan)

Judge(s)

Neff, Janet T. (Michigan)

Attorneys(s) for Plaintiff

Allen, Marc S. (Michigan)

Aukerman, Miriam (Michigan)

Carlson, Kevin M. (Michigan)

Drew, Stephen R. (Michigan)

Johnson, Andrea J. (Michigan)

Korobkin, Daniel S. (Michigan)

Moss, Kary L. (Michigan)

Nelson, Sofia V (Michigan)

Pitt, Michael L. (Michigan)

Rivers, Beth M. (Michigan)

Steinberg, Michael J. (Michigan)

Sturdivant, Adam Christopher (Michigan)

Attorneys(s) for Defendant

Benson, Curt A. (Michigan)

Brege, Andrew James (Michigan)

Fahlsing, Joshua Patrick (Michigan)

Hughes, Douglas M. (Michigan)

Karafa, John M. (Michigan)

Neagos, Horia Razvan (Michigan)

Vander Laan, Allan C. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

July 24, 2017 Docket
1

Complaint

Dec. 4, 2014 Complaint
18

First Amended Complaint

Feb. 6, 2015 Complaint
54

Opinion and Order

2015 WL 9906265

Sept. 11, 2015 Order/Opinion
182

Transcript of Settlement Agreement

Semelbauer v. Muskegon, County

June 5, 2017 Settlement Agreement
188

Stipulation and Order of Dismissal with Prejudice

Semelbauer v. Muskegon, County

July 24, 2017 Order/Opinion

Resources

Title Description External URL

Abuse and Neglect at Muskegon County Jail

American Civil Liberties Union

The ACLU of Michigan filed a federal lawsuit against Muskegon County on behalf of eight female inmates of the Muskegon County Jail who contend that inhumane and degrading policies at the filthy, over… Sept. 11, 2015 https://www.aclumich.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6070077/semelbauer-v-muskegon-county/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT with jury demand against All Defendants filed by Londora Kitchens, Paulette Bosch, Michelle Semelbauer, Tammy Speers, Denise Vos, Stashia Collins, Crisa Brown, Latrece Baker(Aukerman, Miriam) (Entered: 12/04/2014)

Dec. 4, 2014 PACER

FILING FEE PAID re 1 by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Londora Kitchens, Michelle Semelbauer, Tammy Speers, Denise Vos in the amount of $400, receipt number 0646-3060608 (Aukerman, Miriam)

Dec. 4, 2014 PACER
2

MOTION for preliminary injunction by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Londora Kitchens, Michelle Semelbauer, Tammy Speers, Denise Vos; (Aukerman, Miriam) (Entered: 12/04/2014)

Dec. 4, 2014 PACER
3

BRIEF in support of MOTION for preliminary injunction 2 filed by Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Londora Kitchens, Michelle Semelbauer, Tammy Speers, Denise Vos (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1: Semelbauer Declaration, # 3 Exhibit 2: Bosch Declaration, # 4 Exhibit 3: Vos Declaration, # 5 Exhibit 4: Brown Declaration, # 6 Exhibit 5: Baker Declaration, # 7 Exhibit 6: Speers Declaration, # 8 Exhibit 7: Kitchens Declaration, # 9 Exhibit 8: Collins Declaration)(Aukerman, Miriam) (Entered: 12/04/2014)

1 Index of Exhibits

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2 Exhibit 1: Semelbauer Declaration

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3 Exhibit 2: Bosch Declaration

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4 Exhibit 3: Vos Declaration

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5 Exhibit 4: Brown Declaration

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6 Exhibit 5: Baker Declaration

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7 Exhibit 6: Speers Declaration

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8 Exhibit 7: Kitchens Declaration

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9 Exhibit 8: Collins Declaration

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Dec. 4, 2014 PACER
4

EXHIBIT re 2 9: Wilson Expert Report by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Londora Kitchens, Michelle Semelbauer, Tammy Speers, Denise Vos (Attachments: # 1 Exhibit 10: MCJ Population Charts, # 2 Exhibit 11: MCJ Floor Plan, # 3 Exhibit 12: MCJ Inspection Report, # 4 Exhibit 13: Sheriff Memo 8.17.11, # 5 Exhibit 14: Sheriff Memo 8.22.12, # 6 Exhibit 15: Sheriff Memo 8.29.12, # 7 Exhibit 16: Chronicle Article 7.8.09, # 8 Exhibit 17: Chronicle Article 2.20.11, # 9 Exhibit 18: Chronicle Article 10.17.12, # 10 Exhibit 19: Chronicle Article 10.4.14, # 11 Exhibit 20: Letter to Hughes, # 12 Exhibit 21: Letter from Hughes, # 13 Exhibit 22: MCJ Rules and Regulations)(Aukerman, Miriam) (Entered: 12/04/2014)

1 Exhibit 10: MCJ Population Charts

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2 Exhibit 11: MCJ Floor Plan

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3 Exhibit 12: MCJ Inspection Report

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4 Exhibit 13: Sheriff Memo 8.17.11

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5 Exhibit 14: Sheriff Memo 8.22.12

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6 Exhibit 15: Sheriff Memo 8.29.12

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7 Exhibit 16: Chronicle Article 7.8.09

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8 Exhibit 17: Chronicle Article 2.20.11

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9 Exhibit 18: Chronicle Article 10.17.12

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10 Exhibit 19: Chronicle Article 10.4.14

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11 Exhibit 20: Letter to Hughes

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12 Exhibit 21: Letter from Hughes

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13 Exhibit 22: MCJ Rules and Regulations

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Dec. 4, 2014 PACER
5

MOTION to certify class by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Londora Kitchens, Michelle Semelbauer, Tammy Speers, Denise Vos; (Aukerman, Miriam) (Entered: 12/04/2014)

Dec. 4, 2014 PACER
6

NOTICE that this case has been assigned to Judge Janet T. Neff (ns) (Entered: 12/04/2014)

Dec. 4, 2014 PACER
7

BRIEF in support of MOTION to certify class 5 filed by Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Londora Kitchens, Michelle Semelbauer, Tammy Speers, Denise Vos(Aukerman, Miriam) (Entered: 12/04/2014)

Dec. 4, 2014 PACER

SUMMONS NOT ISSUED ; none provided (ns)

Dec. 4, 2014 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Daniel Stewart Korobkin on behalf of plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Londora Kitchens, Michelle Semelbauer, Tammy Speers, Denise Vos (Korobkin, Daniel)

Dec. 4, 2014 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Marc Sebastian Allen on behalf of plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Londora Kitchens, Michelle Semelbauer, Tammy Speers, Denise Vos (Allen, Marc)

Dec. 5, 2014 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Kevin M. Carlson on behalf of plaintiff Michelle Semelbauer and all Plaintiffs (Carlson, Kevin)

Dec. 9, 2014 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Beth M. Rivers on behalf of plaintiff Michelle Semelbauer and all Plaintiffs (Rivers, Beth)

Dec. 9, 2014 PACER
8

PROPOSED SUMMONS to be issued re 1 (Carlson, Kevin) (Entered: 12/10/2014)

Dec. 10, 2014 PACER
9

SUMMONS ISSUED as to defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler (ns) (Entered: 12/11/2014)

Dec. 11, 2014 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael J. Steinberg on behalf of plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Londora Kitchens, Michelle Semelbauer, Tammy Speers, Denise Vos (Steinberg, Michael)

Dec. 19, 2014 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Allan C. Vander Laan on behalf of defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler (Vander Laan, Allan)

Jan. 7, 2015 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Andrew James Brege on behalf of defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler (Brege, Andrew)

Jan. 7, 2015 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Douglas M. Hughes on behalf of defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler, Unknown Parties (Hughes, Douglas)

Jan. 8, 2015 PACER

(NON-DOCUMENT) ATTORNEY APPEARANCE of Horia Razvan Neagos on behalf of defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler, Unknown Parties (Neagos, Horia)

Jan. 8, 2015 PACER
10

MOTION for extension of time to respond to plaintiff's complaint and pending motions by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler; (Attachments: # 1 Exhibit A E-mail, # 2 Exhibit B E-mail, # 3 Exhibit C 1/9/15 Letter, # 4 Exhibit D E-mail)(Vander Laan, Allan) (Entered: 01/16/2015)

1 Exhibit A E-mail

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2 Exhibit B E-mail

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3 Exhibit C 1/9/15 Letter

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4 Exhibit D E-mail

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Jan. 16, 2015 PACER
11

BRIEF in support of MOTION for extension of time to respond to plaintiff's complaint and pending motions 10 filed by Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler(Vander Laan, Allan) (Entered: 01/16/2015)

Jan. 16, 2015 PACER
12

PROPOSED STIPULATION and ORDER Extending Time to Respond to Plaintiffs' Complaint and Pending Motions by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Muskegon, County of, Dean Roesler (Vander Laan, Allan) (Entered: 01/20/2015)

Jan. 20, 2015 PACER
13

ORDER granting 10 motion for an extension of time; Defendants have until 2/2/2015 to respond to Plaintiffs' pending motions 2, 5, and until 2/11/2015 to file an answer or other responsive pleadings to Plaintiffs' complaint; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 01/20/2015)

Jan. 20, 2015 PACER
14

RESPONSE in opposition to MOTION for preliminary injunction 2 Defendants' Brief in Support of Denial of Preliminary Injunction - Oral Argument Requested filed by Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler, Unknown Parties (Attachments: # 1 Affidavit Affidavit of Lt. Mark Burns)(Hughes, Douglas) (Entered: 02/02/2015)

1 Affidavit Affidavit of Lt. Mark Burns

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Feb. 2, 2015 PACER
15

RESPONSE TO MOTION to certify class 5 Oral Argument Requested filed by Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler (Vander Laan, Allan) (Entered: 02/02/2015)

Feb. 2, 2015 PACER
16

BRIEF by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler re 15 in Support of Defendants Response to Motion for Class Certification (Attachments: # 1 Index List of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29)(Vander Laan, Allan) (Entered: 02/02/2015)

1 Index List of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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22 Exhibit 21

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23 Exhibit 22

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24 Exhibit 23

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27 Exhibit 26

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28 Exhibit 27

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29 Exhibit 28

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30 Exhibit 29

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Feb. 2, 2015 PACER
17

SUPPLEMENT re Brief (Related Document), 16 Index of Unpublished Authorities by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Vander Laan, Allan) Modified text on 2/3/2015 (ald). (Entered: 02/02/2015)

1 Exhibit 1

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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Feb. 2, 2015 PACER
18

FIRST AMENDED COMPLAINT against All Defendants filed by Londora Kitchens, Paulette Bosch, Michelle Semelbauer, Tammy Speers, Denise Vos, Stashia Collins, Crisa Brown, Latrece Baker, Delilah Wickliffe, Andrea Dorn, Judy Pauley(Aukerman, Miriam) (Entered: 02/06/2015)

Feb. 6, 2015 RECAP
19

MOTION to strike and Brief in Support of Motion by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler; (Brege, Andrew) (Entered: 02/11/2015)

Feb. 11, 2015 PACER
20

ANSWER to complaint 1 with Affirmative Defenses by Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler(Vander Laan, Allan) Modified text on 2/18/2015 (ns). (Entered: 02/11/2015)

Feb. 11, 2015 PACER
21

REPLY to response to motion 5 for class certification filed by Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Attachments: # 1 Index Updated Index of Exhibits, # 2 Exhibit 23: Collins Inmate Profile, # 3 Exhibit 24: Allen Declaration, # 4 Exhibit 25: Dorn Declaration, # 5 Exhibit 26: Pauley Declaration, # 6 Exhibit 27: Wickliffe Declaration, # 7 Exhibit 28: Wickliffe Inmate Profile, # 8 Exhibit 29: Randle Declaration, # 9 Exhibit 30: Chart of Conditions in Men's Cells)(Aukerman, Miriam) (Entered: 02/17/2015)

1 Index Updated Index of Exhibits

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2 Exhibit 23: Collins Inmate Profile

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3 Exhibit 24: Allen Declaration

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4 Exhibit 25: Dorn Declaration

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5 Exhibit 26: Pauley Declaration

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6 Exhibit 27: Wickliffe Declaration

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7 Exhibit 28: Wickliffe Inmate Profile

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8 Exhibit 29: Randle Declaration

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9 Exhibit 30: Chart of Conditions in Men's Cells

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Feb. 17, 2015 PACER
22

REPLY to response to motion 2 for preliminary injunction filed by Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Aukerman, Miriam) (Entered: 02/17/2015)

Feb. 17, 2015 PACER
23

MOTION for leave to file Sur-reply Briefs to Plaintiffs' Motions for Class Certification (Dkt. 5) and for Preliminary Injunction (Dkt. No. 2) by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler; (Brege, Andrew) (Entered: 02/20/2015)

Feb. 20, 2015 PACER
24

ANSWER to Amended Complaint, 18 with affirmative defenses and jury demand by Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler(Vander Laan, Allan) (Entered: 02/20/2015)

Feb. 20, 2015 PACER
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RESPONSE TO MOTION for leave to file Sur-reply Briefs to Plaintiffs' Motions for Class Certification (Dkt. 5) and for Preliminary Injunction (Dkt. No. 2) 23 filed by Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Aukerman, Miriam) (Entered: 02/25/2015)

Feb. 25, 2015 PACER
26

RESPONSE in opposition to MOTION to strike and Brief in Support of Motion 19 filed by Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Aukerman, Miriam) (Entered: 02/25/2015)

Feb. 25, 2015 PACER
27

ORDER granting 23 motion seeking leave to file sur-reply briefs; Defendants' sur-reply briefs, if any, shall be limited to 10 pages and filed no later than 3/5/2015; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 02/26/2015)

Feb. 26, 2015 PACER
28

REQUEST for pre-motion conference by defendants Mark Burns, Unknown DeYoung, Muskegon, County of, David Gutowski, Unknown Grieves, Ivan Morris, Dean Roesler by defendants Mark Burns, Unknown DeYoung, Muskegon, County of, David Gutowski, Unknown Grieves, Ivan Morris, Dean Roesler; (Vander Laan, Allan) (Entered: 03/02/2015)

March 2, 2015 PACER
29

SURREPLY TO MOTION to certify class 5 Oral Argument Requested filed by Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler (Attachments: # 1 Index List of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Vander Laan, Allan) (Entered: 03/05/2015)

1 Index List of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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March 5, 2015 PACER
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SURREPLY TO MOTION for Preliminary Injunction 2 Oral Argument Requested filed by Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler, Unknown Parties (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hughes, Douglas) Modified docket relationship and text on 3/5/2015 (cep). (Entered: 03/05/2015)

1 Exhibit 1

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March 5, 2015 PACER
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SUPPLEMENT re Surreply to Motion, 29 for Class Certification by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vander Laan, Allan) (Entered: 03/05/2015)

1 Exhibit 1

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March 5, 2015 PACER
32

SUPPLEMENT re Surreply to Motion, 30 Index of Unpublished Authorities by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler, Unknown Parties (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Hughes, Douglas) (Entered: 03/05/2015)

1 Exhibit 1

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8 Exhibit 8

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March 5, 2015 PACER
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RESPONSE TO REQUEST for pre-motion conference by defendants Mark Burns, Unknown DeYoung, Muskegon, County of, David Gutowski, Unknown Grieves, Ivan Morris, Dean Roesler 28 filed by Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Aukerman, Miriam) (Entered: 03/09/2015)

March 9, 2015 PACER
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ORDER scheduling a pre-motion conference regarding document number 28 : pre-motion conference is set for 4/22/2015 at 10:00 AM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; the attorneys handling the matter for trial are required to be present; counsel shall be prepared to discuss the motion to strike 19 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 03/11/2015)

March 11, 2015 PACER
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MOTION to compel Defendants to Permit Entry on Land and to Hear Expert's Testimony in Support of Plaintiffs' Preliminary Injunction Motion, Immediation Consideration and Expedited Briefing Requested by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe; (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1: Declarations, # 3 Exhibit 2: Philip Stanley C.V., # 4 Exhibit 3: Carlson Email and Proposed Stipulation) (Aukerman, Miriam) (Entered: 04/08/2015)

1 Index of Exhibits

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2 Exhibit 1: Declarations

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3 Exhibit 2: Philip Stanley C.V.

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4 Exhibit 3: Carlson Email and Proposed Stipulation

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April 8, 2015 PACER
36

BRIEF in support of MOTION to compel Defendants to Permit Entry on Land and to Hear Expert's Testimony in Support of Plaintiffs' Preliminary Injunction Motion, Immediation Consideration and Expedited Briefing Requested 35 filed by Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Aukerman, Miriam) (Entered: 04/08/2015)

April 8, 2015 PACER
37

NOTICE to attorney Miriam J. Aukerman regarding recent filing 35, 36 (ns) (Entered: 04/08/2015)

April 8, 2015 PACER
38

ORDER regarding response to motion to compel 35 ; Defendants' response due no later than 4/15/2015; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 04/08/2015)

April 8, 2015 PACER
39

RESPONSE TO MOTION to compel Defendants to Permit Entry on Land and to Hear Expert's Testimony in Support of Plaintiffs' Preliminary Injunction Motion, Immediation Consideration and Expedited Briefing Requested 35 filed by Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler (Vander Laan, Allan) (Entered: 04/15/2015)

April 15, 2015 PACER
40

BRIEF by defendant Dean Roesler re 39 in Support of Defendants' Response to Plaintiffs' Motion to Compel Defendants to Permit Entry on Land by Plaintiffs' Expert and to Hear Expert's Testimony in Support of Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Exhibit) (Vander Laan, Allan) (Entered: 04/15/2015)

1 Exhibit

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April 15, 2015 PACER
41

MINUTES of pre-motion conference re 28 held before Judge Janet T. Neff; Order to issue; (Court Reporter: Kathy Anderson) (Judge Janet T. Neff, rmw) (Entered: 04/22/2015)

April 22, 2015 PACER
42

ORDER regarding pre-motion conference: Defendants' Motion to strike Amended Complaint 19 is DENIED for the reasons stated on the record; anticipated motion to dismiss must be served and a proof of service filed not later than May 20, 2015, response must be served and a proof of service filed within 28 days of service of the motion and any reply must be served and a proof of service filed within 14 days of service of the Response; motion papers to be filed as soon as the motion is fully briefed; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb) (Entered: 04/22/2015)

April 22, 2015 PACER

Copy of Pre-Motion Conference Order,, 42 sent via U.S. Mail to Andrea Jean Johnson (ald)

April 22, 2015 PACER
43

LETTER from Clerk to attorney Andrea Jean Johnson regarding mandatory electronic filing (ald) (Entered: 04/22/2015)

April 22, 2015 PACER
44

CERTIFICATE OF SERVICE by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler of Motion for Summary Judgment and Brief in Support (Vander Laan, Allan) (Entered: 05/20/2015)

May 20, 2015 PACER
45

PROOF OF SERVICE by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe of Filing Plaintiffs' Response in Opposition to Defendants' Motion for Partial Judgment on the Pleadings (Aukerman, Miriam) (Entered: 06/17/2015)

June 17, 2015 PACER
46

CERTIFICATE OF SERVICE by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler, Unknown Parties Defendants' Reply to Plaintiffs' Brief in Opposition to Defendants' Motion for Partial Judgment on the Pleadings (Vander Laan, Allan) (Entered: 07/01/2015)

July 1, 2015 PACER
47

MOTION for summary judgment by defendants Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler; (Vander Laan, Allan) (Entered: 07/01/2015)

July 1, 2015 PACER
48

BRIEF in support of MOTION for summary judgment 47 filed by Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19) (Vander Laan, Allan) (Entered: 07/01/2015)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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16 Exhibit 16

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17 Exhibit 17

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18 Exhibit 18

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19 Exhibit 19

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July 1, 2015 PACER
49

RESPONSE in opposition to MOTION for summary judgment 47 (Defendants' Motion for Partial Judgment on the Pleadings) filed by Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Aukerman, Miriam) (Entered: 07/01/2015)

July 1, 2015 PACER
50

PROPOSED STIPULATION and ORDER Dismissing Dean Roesler and Lt. Mark Burns in Their Official Capacities by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Aukerman, Miriam) (Entered: 07/01/2015)

July 1, 2015 PACER
51

REPLY to response to motion 47 filed by Mark Burns, Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of, Dean Roesler (Vander Laan, Allan) (Entered: 07/02/2015)

July 2, 2015 PACER
52

ORDER re: STIPULATION 50 dismissing Dean Roesler and Lt. Mark Burns in their official capacities; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb) (Entered: 07/06/2015)

July 6, 2015 PACER
53

STIPULATION and PROPOSED ORDER to Allow Counsel Marc S. Allen to Withdraw by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Aukerman, Miriam) (Entered: 08/04/2015)

Aug. 4, 2015 PACER
54

OPINION AND ORDER denying in part Counts I and II and granting in part Counts III and IV 47 motion for partial judgment on the pleadings; dismissing without prejudice to re-filing 2 motion for preliminary injunction, 5 motion to certify class, and 35 motion to compel; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb) (Entered: 09/11/2015)

Sept. 11, 2015 PACER
55

NOTICE OF INTERLOCUTORY APPEAL re 54 by plaintiffs Stashia Collins, Andrea Dorn, Judy Pauley [Attorney Daniel S. Korobkin added to party Andrea Dorn(pty:pla), Attorney Daniel S. Korobkin added to party Judy Pauley(pty:pla)] (Korobkin, Daniel) (Entered: 10/07/2015)

Oct. 7, 2015 PACER

APPEAL FEE PAID re 55 by plaintiffs Stashia Collins, Andrea Dorn, Judy Pauley in the amount of $505, receipt number 0646-3335072 (Korobkin, Daniel)

Oct. 7, 2015 PACER
56

ORDER setting Rule 16 scheduling conference: Rule 16 scheduling conference is set for 11/3/2015 at 11:00 AM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; status report due by 10/27/2015; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 10/13/2015)

Oct. 13, 2015 PACER

CASE NUMBER 15-2214 assigned by the Sixth Circuit to appeal 55 (mkc)

Oct. 16, 2015 PACER
57

NOTICE rescheduling hearing: Rule 16 scheduling conference rescheduled to 10/28/2015 at 01:30 PM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; status report due by 10/22/2015; (Judge Janet T. Neff, rmw) (Entered: 10/19/2015)

Oct. 19, 2015 PACER
58

TRANSCRIPT of Premotion Conference Proceedings held April 22, 2015 before Honorable Janet T. Neff; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 1/19/2016 ; redaction request due 11/10/2015 (Court Reporter-Transcriptionist: Anderson, Kathy (616) 914-2384) (Entered: 10/20/2015)

Oct. 20, 2015 PACER
59

Modified as to "Appeal" APPEAL TRANSCRIPT of Premotion Conference Proceedings held April 22, 2015 before Honorable Janet T. Neff; re appeal 55 ; NOTE: this transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the release of transcript restriction date; after that date it may be obtained through PACER; under the Policy Regarding Transcripts the parties have 14 days within which to file a Notice of Intent to redact, and 21 days within which to file a Redaction Request; if no Transcript Redaction Request is filed, the court will assume redaction of personal identifiers is not necessary and this transcript will be made available via PACER after the release of transcript restriction set for 1/19/2016 ; redaction request due 11/10/2015 (Court Reporter-Transcriptionist: Anderson, Kathy (616) 914-2384) (Entered: 10/20/2015)

Oct. 20, 2015 PACER

ACKNOWLEDGMENT of appeal transcript order from ACLU received October 9, 2015 re appeal 55 filed by Stashia Collins, Judy Pauley, Andrea Dorn ; transcript is estimated at 36 pages with an estimated completion date of October 20, 2015; arrangements for payment made on October 9, 2015 (Court Reporter-Transcriptionist: Anderson, Kathy (616) 914-2384)

Oct. 20, 2015 PACER
60

NOTICE rescheduling hearing: Rule 16 scheduling conference rescheduled to 12/14/2015 at 02:30 PM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; status report due by 12/7/2015; additional requests to reschedule the conference will not be favored; (Judge Janet T. Neff, rmw) (Entered: 10/21/2015)

Oct. 21, 2015 PACER
61

JOINT STATUS REPORT submitted for filing by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe for Rule 16 Conference [Attorney Kevin M. Carlson added to party Latrece Baker(pty:pla), Attorney Kevin M. Carlson added to party Paulette Bosch(pty:pla), Attorney Kevin M. Carlson added to party Crisa Brown(pty:pla), Attorney Kevin M. Carlson added to party Stashia Collins(pty:pla), Attorney Kevin M. Carlson added to party Andrea Dorn(pty:pla), Attorney Kevin M. Carlson added to party Londora Kitchens(pty:pla), Attorney Kevin M. Carlson added to party Judy Pauley(pty:pla), Attorney Kevin M. Carlson added to party Tammy Speers(pty:pla), Attorney Kevin M. Carlson added to party Denise Vos(pty:pla), Attorney Kevin M. Carlson added to party Delilah Wickliffe(pty:pla)] (Carlson, Kevin) (Entered: 12/07/2015)

Dec. 7, 2015 PACER
62

MINUTES of scheduling conference held before Judge Janet T. Neff; Case Management Order to issue; (Court Reporter: not recorded) (Judge Janet T. Neff, rmw) (Entered: 12/15/2015)

Dec. 14, 2015 PACER
64

AMENDED MINUTES of scheduling conference held before Judge Janet T. Neff; amending 62 as to Attorney Vander Naald; (Court Reporter: not recorded) (Judge Janet T. Neff, rmw) Modified date filed on 12/15/2015 (ns). (Entered: 12/15/2015)

Dec. 14, 2015 PACER
63

CASE MANAGEMENT ORDER: counsel shall, no later than 12/29/2015, schedule an early settlement conference; settlement conference set for 5/9/2017 at 02:00 PM at 664 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 7/10/2017 at 10:30 AM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; jury trial set for 7/24/2017 at 09:00 AM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; counsel shall be present for an in-chambers conference one-half hour prior to the start of the final pretrial conference and the trial; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw) (Entered: 12/15/2015)

Dec. 15, 2015 PACER

Copy of Case Management Order,, 63 sent via U.S. Mail to Breanne Vander Naald (ns)

Dec. 15, 2015 PACER
65

(DISREGARD) ATTORNEY ADMISSION LETTER sent to attorney Breanne Vander Naald; attorney admission deadline set for 1/12/2016; (ns) Modified text on 1/7/2016 per Chambers (ns). (Entered: 12/15/2015)

Dec. 15, 2015 PACER
66

NOTICE re 65 Clarifying Status of Breanne VanderNaald by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Aukerman, Miriam) (Entered: 01/06/2016)

Jan. 6, 2016 PACER
67

ORDER regarding settlement conference: early settlement conference set for 3/16/2016 at 02:00 PM at 664 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 01/12/2016)

Jan. 12, 2016 PACER
68

CERTIFICATE OF SERVICE by defendants Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of Defendants' Rule 26(a)(1) Disclosures (Brege, Andrew) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
69

CORRECTED CERTIFICATE OF SERVICE by defendants Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of re Defendants' Rule 26(a)(1) Disclosures (Brege, Andrew) Modified text on 1/29/2016 (ns). (Entered: 01/29/2016)

Jan. 29, 2016 PACER
70

CERTIFICATE OF SERVICE by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe as to Plaintiffs' Rule 26 Disclosures (Carlson, Kevin) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
71

CERTIFICATE OF SERVICE by defendants Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of First Request for Production of Documents to Plaintiffs (Vander Laan, Allan) (Entered: 01/29/2016)

Jan. 29, 2016 PACER
72

SUGGESTION OF DEATH upon the record as to Notice of Death of Michelle Semelbauer by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Tammy Speers (Aukerman, Miriam) (Entered: 02/24/2016)

Feb. 24, 2016 PACER
73

ORDER regarding settlement conference: early settlement conference set previously for 3/16/2016 is rescheduled to 5/12/2016 at 02:00 PM at 664 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 03/02/2016)

March 2, 2016 PACER
74

CERTIFICATE OF SERVICE by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe for Rule 34 Request for Entry (Aukerman, Miriam) (Entered: 03/14/2016)

March 14, 2016 PACER
75

CERTIFICATE OF SERVICE by defendants Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of Response to Plaintiffs' Request for Entry to Muskegon County Jail for Purposes of Expert Witness Inspection of Jail Facilities and Jail Operations Pursuant to Fed. R. Civ. P. 34 (Brege, Andrew) (Entered: 03/21/2016)

March 21, 2016 PACER
76

CERTIFICATE OF SERVICE by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe Re Disclosure of Experts (Aukerman, Miriam) (Entered: 03/30/2016)

March 30, 2016 PACER
77

(WITHDRAWN) MOTION to certify class (partial renewal) ( responses due 5/2/2016;, replies due by 5/19/2016;), MOTION for joinder by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe; (Attachments: # 1 Affidavit) (Aukerman, Miriam) Modified text on 7/25/2017 per 186 (ns). (Entered: 03/31/2016)

1 Affidavit

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March 31, 2016 PACER
78

BRIEF in support of MOTION to certify class (partial renewal) MOTION for joinder 77 filed by Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1: Summary of Declarations Cross Gender Viewing, # 3 Exhibit 2: Summary of Declarations Denial of Exercise) (Aukerman, Miriam) (Entered: 03/31/2016)

1 Index of Exhibits

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2 Exhibit 1: Summary of Declarations Cross Gender Viewing

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3 Exhibit 2: Summary of Declarations Denial of Exercise

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March 31, 2016 PACER
79

EXHIBITS 4 through 8 re 77 by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Attachments: # 1 Exhibit 4: Swanson Declarations, # 2 Exhibit 5: Thornton Declaration, # 3 Exhibit 6: Warren Declaration, # 4 Exhibit 7: Baker Declaration, # 5 Exhibit 8: Bosch Declaration) (Aukerman, Miriam) Modified text on 3/31/2016 (ns). (Entered: 03/31/2016)

1 Exhibit 4: Swanson Declarations

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2 Exhibit 5: Thornton Declaration

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3 Exhibit 6: Warren Declaration

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4 Exhibit 7: Baker Declaration

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5 Exhibit 8: Bosch Declaration

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March 31, 2016 PACER
80

EXHIBITS 10 through 14 re 77 by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Attachments: # 1 Exhibit 10: Collins Declaration, # 2 Exhibit 11: Dorn Declaration, # 3 Exhibit 12: Kitchens Declaration, # 4 Exhibit 13: Pauley Declaration, # 5 Exhibit 14: Speers Declaration) (Aukerman, Miriam) Modified text on 3/31/2016 (ns). (Entered: 03/31/2016)

1 Exhibit 10: Collins Declaration

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2 Exhibit 11: Dorn Declaration

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3 Exhibit 12: Kitchens Declaration

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4 Exhibit 13: Pauley Declaration

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5 Exhibit 14: Speers Declaration

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March 31, 2016 PACER
81

EXHIBITS 16 through 25 re 77 by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Attachments: # 1 Exhibit 16: Wickliffe Declaration, # 2 Exhibit 17: L. Allen Declaration, # 3 Exhibit 18: E. Bailey Declaration, # 4 Exhibit 19: L Bailey Declaration, # 5 Exhibit 20: Bates Declaration, # 6 Exhibit 21: Bigelow Declaration, # 7 Exhibit 22: Callison Declaration, # 8 Exhibit 23: Combs Declaration, # 9 Exhibit 24: Copeland Declaration, # 10 Exhibit 25: Wright Declaration) (Aukerman, Miriam) Modified text on 3/31/2016 (ns). (Entered: 03/31/2016)

1 Exhibit 16: Wickliffe Declaration

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2 Exhibit 17: L. Allen Declaration

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3 Exhibit 18: E. Bailey Declaration

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4 Exhibit 19: L Bailey Declaration

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5 Exhibit 20: Bates Declaration

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6 Exhibit 21: Bigelow Declaration

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7 Exhibit 22: Callison Declaration

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8 Exhibit 23: Combs Declaration

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9 Exhibit 24: Copeland Declaration

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10 Exhibit 25: Wright Declaration

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March 31, 2016 PACER
82

EXHIBITS 27 through 37 re 77 by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Attachments: # 1 Exhibit 27: Flaska Declaration, # 2 Exhibit 28: Ford Declaration, # 3 Exhibit 29: Haley Declaration, # 4 Exhibit 30: Holle Declaration, # 5 Exhibit 31: D. Jackson Declaration, # 6 Exhibit 32: M. Jackson Declaration, # 7 Exhibit 33: Malone Declaration, # 8 Exhibit 34: Neuman Declaration, # 9 Exhibit 35: Owens Declaration, # 10 Exhibit 36: People Declaration, # 11 Exhibit 37: Pittman Declaration) (Aukerman, Miriam) Modified text on 3/31/2016 (ns). (Entered: 03/31/2016)

1 Exhibit 27: Flaska Declaration

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2 Exhibit 28: Ford Declaration

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3 Exhibit 29: Haley Declaration

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4 Exhibit 30: Holle Declaration

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5 Exhibit 31: D. Jackson Declaration

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6 Exhibit 32: M. Jackson Declaration

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7 Exhibit 33: Malone Declaration

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8 Exhibit 34: Neuman Declaration

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9 Exhibit 35: Owens Declaration

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10 Exhibit 36: People Declaration

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11 Exhibit 37: Pittman Declaration

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March 31, 2016 PACER
83

EXHIBITS 39 through 49 re 77 by plaintiffs Latrece Baker, Paulette Bosch, Crisa Brown, Stashia Collins, Andrea Dorn, Londora Kitchens, Judy Pauley, Michelle Semelbauer, Tammy Speers, Denise Vos, Delilah Wickliffe (Attachments: # 1 Exhibit 39: Robar Declaration, # 2 Exhibit 40: Salazar Declaration, # 3 Exhibit 41: Sanes Declaration, # 4 Exhibit 42: Short Declaration, # 5 Exhibit 43: Swiftney Declaration, # 6 Exhibit 44: Towers Declaration, # 7 Exhibit 45: Turner Declaration, # 8 Exhibit 46: Wallace Declaration, # 9 Exhibit 47: White Declaration, # 10 Exhibit 48: MCJ Population Chart, # 11 Exhibit 49: M. Allen Declaration) (Aukerman, Miriam) Modified text on 3/31/2016 (ns). (Entered: 03/31/2016)

1 Exhibit 39: Robar Declaration

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2 Exhibit 40: Salazar Declaration

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3 Exhibit 41: Sanes Declaration

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4 Exhibit 42: Short Declaration

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5 Exhibit 43: Swiftney Declaration

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6 Exhibit 44: Towers Declaration

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7 Exhibit 45: Turner Declaration

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8 Exhibit 46: Wallace Declaration

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9 Exhibit 47: White Declaration

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10 Exhibit 48: MCJ Population Chart

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11 Exhibit 49: M. Allen Declaration

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March 31, 2016 PACER
84

CERTIFICATE OF SERVICE by defendants Unknown DeYoung, Unknown Grieves, David Gutowski, Ivan Morris, Muskegon, County of Defendants' Rule 26(a)(2) Disclosure (Brege, Andrew) (Entered: 04/29/2016)

April 29, 2016 PACER

State / Territory: Michigan

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Dec. 4, 2014

Closing Date: 2017

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Eleven women who are current and former inmates of Muskegon County Jail, individually and on behalf of a putative class.

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: Mooted before ruling

Defendants

Muskegon County, County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Unreasonable search and seizure

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $200,000

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Training

Preliminary relief denied

Issues

General:

Assault/abuse by staff

Bathing and hygiene

Conditions of confinement

Grievance Procedures

Over/Unlawful Detention

Recreation / Exercise

Sanitation / living conditions

Sex w/ staff; sexual harassment by staff

Totality of conditions

Crowding:

Crowding / caseload

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Government-run