Case: Michigan Protection & Advocacy Service, Inc. v. Caruso

5:05-cv-00128 | U.S. District Court for the Western District of Michigan

Filed Date: Sept. 14, 2005

Closed Date: 2011

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Case Summary

On September 14, 2005, the Michigan Protection and Advocacy Service (MPAS) filed this complaint on behalf of youths aged 22 and younger with mental illnesses incarcerated in the Michigan Youth Correctional Facility (MYCF). The MYCF, a maximum security prison for adolescent males convicted as adults, was privately operated by GEO Group, Inc. In October of 2005, approximately two weeks after the complaint was filed, the MYCF facility was closed and all the incarcerated youths were moved to other …

The complaint listed three areas of concern.

First, because the MYC facility had the highest security level, there were fewer educational and rehabilitation programs available. After MYCF closed, MPAS claimed that the youths with mental illnesses still had limited access to appropriate educational programs, in violation of the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. § 1401.

Second, MPAS also claimed that the MDOC screening and treatment procedures for youths with mental illnesses were inadequate. MPAS argued that youths with diagnosed mental illnesses were instead classified as malingering and manipulative and were more likely to be placed in disciplinary and administrative segregation and to spend longer amounts of time there than the other youths in violation of Title II of the Americans with Disabilities Act (ADA), 41 U.S.C. § 12132 and Section 504 of the Rehabilitation Act of 1973 (504), 29 U.S.C. § 794.

Finally, MPAS claimed that the social and sensory deprivation conditions of isolation exacerbated existing mental illnesses, and sometimes caused the development of mental illnesses in youths who were previously healthy. They claimed that this violated the youths' Eighth Amendment protection against cruel and unusual punishment. Lastly MPAS contends that MDOC violated the youths' Fourteenth Amendment due process rights by imposing punishments without determining if they should be held accountable for their actions.

MPAS sought declaratory judgment and permanent injunction to resolve the above issues.

Starting in September of 2006, the the parties began developing an action plan based on a series of settlement talks mediated by Chief Judge Paul L. Maloney and in July of 2008 submitted a implementation plan to the Court which was not made public.

As understood from the stipulation for stay document, one aspect of the plan was the implementation of monitors in 2007 to oversee the defendant’s resolution of the issues raised in the plaintiff’s complaint. These included better screening procedures to identify prisoners with mental illnesses, not placing prisoners in administrative segregation or placing them there for shorter periods, and training the staff on mental illnesses.

In October, 2008, the Court granted the defendant's partial motion for summary judgment related to a question of providing special education. Federal law required MDOC to provide special education services to prisoners until they reached the age of 22. The Court granted the partial motion for summary judgment to clarify that the Michigan Mandatory Special Education Act, which would have extended access to special education until the age of 27, did not apply to prisoners because MDOC was not a "public agency" as understood by the Act.

The matter was stayed until August 2009, then again until December 2010, and finally until June 2011 to allow time to implement the changes.

In June, 2011, both parties agreed that the complaint should be dismissed as the issues had been resolved.

Summary Authors

Amanda Kenner (2/21/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4694503/parties/michigan-protection-advocacy-service-inc-v-caruso/

Judge(s)

Carmody, Ellen S. (Michigan)

Enslen, Richard Alan (Michigan)

Attorney for Plaintiff

Cecil, Thomas G. (Michigan)

Cody, Mark A. (Michigan)

Attorney for Defendant

Judge(s)

Carmody, Ellen S. (Michigan)

Enslen, Richard Alan (Michigan)

Maloney, Paul Lewis (Michigan)

Attorney for Plaintiff

Cecil, Thomas G. (Michigan)

Cody, Mark A. (Michigan)

Fleischner, Robert D. (Massachusetts)

Hickox, Stacy Ann (Michigan)

Moss, Kary L. (Michigan)

Singer, Abraham (Michigan)

Steinberg, Michael J. (Michigan)

Attorney for Defendant

Friedman, Leo H. (Michigan)

Govorchin, A. Peter (Michigan)

Morris, William R. (Michigan)

Olivieri, Linda M. (Michigan)

Expert/Monitor/Master

Dvoskin, Joel A. (Arizona)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

5:05-cv-00128	Docket [PACER]	April 3, 2014	April 3, 2014 Docket
1 5:05-cv-00128	Complaint for Declaratory and Injunctive Relief	Sept. 14, 2005	Sept. 14, 2005 Complaint
45 5:05-cv-00128	Order [Granting and Denying in Part Motion for Partial Summary Judgment]	April 10, 2006	April 10, 2006 Order/Opinion
117 5:05-cv-00128	Settlement Conference Report of Joel Dvoskin, Ph.D in Accordance with Order of September 22, 1996	Nov. 3, 2006	Nov. 3, 2006 Monitor/Expert/Receiver Report
141 5:05-cv-00128	Third Amended Complaint for Declaratory and Injunctive Relief	Nov. 20, 2006	Nov. 20, 2006 Complaint
155 5:05-cv-00128	Memorandum of Law in Support of Plaintiff's Motion for Order to Show Cause	Feb. 1, 2007	Feb. 1, 2007 Pleading / Motion / Brief
225 5:05-cv-00128	Report and Recommendation	July 29, 2008	July 29, 2008 Magistrate Report/Recommendation
226 5:05-cv-00128	Opinion and Order [Adopting the R&R without Objection; Staying the Case for One Year, Except the Pending Cross-Motions for Partial Summary Judgment]	Aug. 12, 2008	Aug. 12, 2008 Order/Opinion 2008 WL 3834019
227 5:05-cv-00128	Opinion and Order [Granting Defendant's Motion for Summary Judgment to Defendant on State-Law Claim; Denying Plaintiff's Motion for Summary Judgment on State-Law Claim]	Oct. 8, 2008	Oct. 8, 2008 Order/Opinion 581 F.Supp.2d 847
231 5:05-cv-00128	Stipulation for Stay	Dec. 9, 2009	Dec. 9, 2009 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4694503/michigan-protection-advocacy-service-inc-v-caruso/

Last updated Nov. 3, 2026, 12:16 a.m.

Docket for: Michigan Protection & Advocacy Service, Inc. v. Caruso

ECF Number	Date	Description	Link
1	Sept. 14, 2005	COMPLAINT for declaratory and injunctive relief against Patricia L. Caruso, Frank Elo, GEO Group, Inc., The filed by Michigan Protection & Advocacy Service, Inc. (Attachments: # 1 Civil Cover Sheet) (rlw, ) (Entered: 09/16/2005) 1 Civil Cover Sheet View on PACER	RECAP
	Sept. 14, 2005	Summons Issued
	Sept. 14, 2005	RECEIPT: in the amount of $250.00, receipt number 107306; for filing fee (rlw, )
	Sept. 14, 2005	Receipt
	Sept. 14, 2005	SUMMONS ISSUED as to Patricia L. Caruso, Frank Elo, GEO Group, Inc., The (rlw, )
2	Oct. 7, 2005	ATTORNEY APPEARANCE of Linda M. Olivieri on behalf of defendant Patricia L. Caruso with certificate of service (Olivieri, Linda) Modified text on 10/7/2005 (acr, ). (Entered: 10/07/2005)	RECAP
3	Oct. 7, 2005	ATTORNEY APPEARANCE of Leo H. Friedman on behalf of defendant Patricia L. Caruso with certificate of service (Friedman, Leo) Modified text on 10/7/2005 (acr, ). (Entered: 10/07/2005)	RECAP
6	Oct. 7, 2005	SUMMONS returned executed; Patricia L. Caruso served on 9/30/2005, answer due 10/20/2005; The GEO Group, Inc. served on 9/29/05 (acr, ) Modified text on 10/13/2005 (acr, ). (Entered: 10/13/2005)	RECAP
4	Oct. 10, 2005	NOTICE OF VOLUNTARY DISMISSAL re The GEO Group, Inc. and Frank Elo (Hickox, Stacy) (Entered: 10/10/2005)	RECAP
5	Oct. 10, 2005	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. re 4 (Hickox, Stacy) (Entered: 10/10/2005)	RECAP
7	Oct. 17, 2005	STIPULATION of Plaintiff and Defendant Caruso for Order Granting Enlargement of Time by defendant Patricia L. Caruso (Attachments: # 1 Attachment Signed Stip for Enlg) (Friedman, Leo) (Entered: 10/17/2005)	RECAP
8	Oct. 17, 2005	PROPOSED ORDER regarding Granting Stipulation of Plaintiff and Defendant Caruso for Enlargement of Time by defendant Patricia L. Caruso (Friedman, Leo) (Entered: 10/17/2005)	RECAP
9	Oct. 19, 2005	ORDER disapproving STIPULATION 7 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) (Entered: 10/19/2005)	RECAP
10	Oct. 25, 2005	STIPULATION of Plaintiff and Defendant Caruso for Order Granting Enlargement of Time by defendant Patricia L. Caruso (Attachments: # 1 Attachment Signed Stip) (Friedman, Leo) (Entered: 10/25/2005)	RECAP
11	Oct. 25, 2005	PROPOSED ORDER regarding Granting Enlargement of Time by defendant Patricia L. Caruso (Friedman, Leo) (Entered: 10/25/2005)	RECAP
12	Oct. 26, 2005	ORDER granting STIPULATION 10 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 10/26/2005)	RECAP
13	Dec. 9, 2005	(WITHDRAWN) MOTION for summary judgment by defendant Patricia L. Caruso; (Friedman, Leo) Modified text on 2/7/2006 (Motion withdrawn pursuant to Order, docket #28) (bd, ). (Entered: 12/09/2005)	RECAP
14	Dec. 9, 2005	BRIEF in support of 13 Motion for Summary Judgment filed by Patricia L. Caruso (Attachments: # 1 Attachment 1 - Caruso Affidavit) (Friedman, Leo) (Entered: 12/09/2005)	RECAP
15	Dec. 9, 2005	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso re 13 Motion for Summary Judgment and 14 Brief in Support of Motion for Summary Judgment with Attachment 1 - Affidavit of Patricia Caruso (Friedman, Leo) (Entered: 12/09/2005)	RECAP
16	Dec. 12, 2005	ORIGINAL PAPER AFFIDAVIT of Patricia L. Caruso in reference to the affidavit submitted electronically and assigned document number 14 as Attachment 1 ; submitted for filing by defendant Patricia L. Caruso (rlw, ) (Entered: 12/12/2005)	RECAP
17	Dec. 15, 2005	FIRST MOTION to amend/correct by plaintiff Michigan Protection & Advocacy Service, Inc.; (Attachments: # 1 Proposed Document Proposed Amended Complaint) (Hickox, Stacy) (Entered: 12/15/2005)	RECAP
18	Dec. 15, 2005	BRIEF in support of 17 First Motion to Amend Complaint filed by Michigan Protection & Advocacy Service, Inc. (Hickox, Stacy) (Entered: 12/15/2005)	RECAP
19	Dec. 15, 2005	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. re 17 (Hickox, Stacy) (Entered: 12/15/2005)	RECAP
20	Jan. 5, 2006	PROPOSED STIPULATION and ORDER Re: Enlargement of Time to File Response to Motion for Summary Judgment by plaintiff Michigan Protection & Advocacy Service, Inc. (Hickox, Stacy) (Entered: 01/05/2006)	RECAP
21	Jan. 6, 2006	ORDER granting STIPULATION 20 ; Plaintiff's response to Defendant's Motion for Summary Judgment is due no later than February 9, 2006 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 01/06/2006)	RECAP
22	Jan. 11, 2006	ORDER granting 17 plaintiff's motion to amend complaint; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 01/11/2006)	RECAP
23	Jan. 11, 2006	AMENDED COMPLAINT for Declatory and Injunctive Relief against Patricia L. Caruso filed by Michigan Protection & Advocacy Service, Inc. (bd, ) (Entered: 01/20/2006)	RECAP
24	Jan. 25, 2006	MOTION for partial summary judgment and for More Definitive Statement by defendant Patricia L. Caruso; (Friedman, Leo) (Entered: 01/25/2006)	RECAP
25	Jan. 25, 2006	BRIEF in support of 24 Motion for More Definitive Statement and Partial Summary Judgment filed by Patricia L. Caruso (Friedman, Leo) (Entered: 01/25/2006)	RECAP
26	Jan. 25, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso re 24 Motion for More Definitive Statement and Partial Summary Judgment, together with Brief in Support (Friedman, Leo) (Entered: 01/25/2006)	RECAP
27	Feb. 6, 2006	MOTION to withdraw 13 motion for summary judgment (in letter form) by defendant Patricia L. Caruso; (acr, ) (Entered: 02/06/2006)	RECAP
28	Feb. 7, 2006	ORDER granting 27 defendant's motion to withdraw, withdrawing 13 defendant's motion for summary judgment; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) (Entered: 02/07/2006)	RECAP
29	Feb. 8, 2006	FIRST MOTION for protective order by plaintiff Michigan Protection & Advocacy Service, Inc.; (Attachments: # 1 Proposed Order Proposed Protective Order and Order to Seal the File in this Case) (Hickox, Stacy) (Entered: 02/08/2006)	RECAP
30	Feb. 8, 2006	RESPONSE to motion re 24 Plaintiff's Response to Defendant's Motion for More Definitive Statement and Brief in Support of Motion for Protective Order filed by Michigan Protection & Advocacy Service, Inc. (Hickox, Stacy) (Entered: 02/08/2006)	RECAP
31	Feb. 8, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. re 29 (Hickox, Stacy) (Entered: 02/08/2006)	RECAP
32	Feb. 21, 2006	RESPONSE in opposition re 24 Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment filed by Michigan Protection & Advocacy Service, Inc. (Attachments: # 1 Exhibit 13 - MDOC Policy Directive 05.02.114# 2 Exhibit 14 - Letter to Stacy Hickox from Joe Gomez dated 5/6/05# 3 Exhibit 15 - MDOC Investigation Report dated 5/4/05) (Hickox, Stacy) Modified text on 2/23/2006 (bd, ). (Entered: 02/21/2006)	RECAP
33	Feb. 21, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. re 32 (Hickox, Stacy) (Entered: 02/21/2006)	RECAP
34	Feb. 21, 2006	MOTION to SEAL DOCUMENT by plaintiff Michigan Protection & Advocacy Service, Inc.; (Attachments: # 1 Proposed Order Order to Seal Documents) (Hickox, Stacy) (Entered: 02/21/2006)	RECAP
35	Feb. 21, 2006	BRIEF in support of 34 filed by Michigan Protection & Advocacy Service, Inc. (Hickox, Stacy) (Entered: 02/21/2006)	RECAP
36	Feb. 21, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. re 34 (Hickox, Stacy) (Entered: 02/21/2006)	RECAP
37	Feb. 22, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. (Hickox, Stacy) (Entered: 02/22/2006)	RECAP
38	Feb. 22, 2006	RESPONSE to motion re 29 Protective Order filed by Patricia L. Caruso (Olivieri, Linda) (Entered: 02/22/2006)	RECAP
39	Feb. 22, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso re 38 Response to Motion for a Protective Order (Olivieri, Linda) (Entered: 02/22/2006)	RECAP
43	Feb. 22, 2006	SEALED EXHIBITS 1-12 re 32 Plaintiff's Opposition to Defendant's Motion for Partial Summary Judgment by plaintiff Michigan Protection & Advocacy Service, Inc. (bd, ) Modified text on 2/27/2006 (bd, ). (Entered: 02/27/2006)	RECAP
40	Feb. 24, 2006	ORDER granting 34 plaintiff's motion to seal document; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) (Entered: 02/24/2006)	RECAP
41	Feb. 24, 2006	RESPONSE to motion re 34 Defendant Caruso's Response to Plaintiff's Motion to Seal Documents filed by Patricia L. Caruso (Friedman, Leo) Modified text on 2/24/2006 (mbb, ). (Entered: 02/24/2006)	RECAP
42	Feb. 24, 2006	PROOF OF SERVICE by defendant Patricia L. Caruso to be linked to docket entry 41 (Friedman, Leo) (Entered: 02/24/2006)	RECAP
44	April 10, 2006	OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) (Entered: 04/10/2006)	RECAP
45	April 10, 2006	ORDER granting in part and denying in part 24 defendant's motion for a more definite statement and for partial summary judgment, granting defendant's request for a more definite statement, denying without prejudice defendant's requesst for summary judgment; granting 29 plaintiff's motion for protective order, Plaintiff shall provide a more definite statement within 14 days by filing a Second Amended Complaint, which Complaint shall name prisoners by anonymous numbers, but shall reference a sealed appendix which appendix shall indicate the names and prisoner numbers assigned to the persons named by anonymous number, and which appendix shall be filed under seal and disclosed to defense counsel; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) (Entered: 04/10/2006)	RECAP
46	April 10, 2006	ORDER setting Rule 16 scheduling conference for 5/24/2006 at 09:00 AM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; status report due by 5/19/2006 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 04/10/2006)	RECAP
47	April 24, 2006	AMENDED COMPLAINT Second Amended Complaint against Patricia L. Caruso filed by Michigan Protection & Advocacy Service, Inc. (Attachments: # 1 Exhibit 1 - Letter to Straub from Gomez dated 3/28/06) (Hickox, Stacy) Modified text on 4/26/2006 (bd, ). (Entered: 04/24/2006)	RECAP
48	April 24, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. re 47 (Hickox, Stacy) (Entered: 04/24/2006)	RECAP
52	April 24, 2006	SEALED APPENDIX re 47 Second Amended Complaint for Declaratory and Injunctive Relief by plaintiff Michigan Protection & Advocacy Service, Inc. (bd, ) Modified text on 4/27/2006 (bd, ). (Entered: 04/27/2006)	RECAP
49	April 25, 2006	MOTION for extension of time to file a responsive pleading by defendant Patricia L. Caruso; (Friedman, Leo) (Entered: 04/25/2006)	RECAP
50	April 25, 2006	BRIEF in support of 49 Motion for Enlargement of Time to File a Responsive Pleading filed by Patricia L. Caruso (Friedman, Leo) (Entered: 04/25/2006)	RECAP
51	April 25, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso re 49 for Defendant's Motion and Brief for Enlargment of Time in which to File a Responsive Pleading (Friedman, Leo) (Entered: 04/25/2006)	RECAP
53	May 8, 2006	RESPONSE in opposition re 49 Plaintiff's Opposition to Defendant's Motion for Enlargement of Time in which to File Responsive Pleading filed by Michigan Protection & Advocacy Service, Inc. (Hickox, Stacy) (Entered: 05/08/2006)	RECAP
54	May 8, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. re 53 (Hickox, Stacy) (Entered: 05/08/2006)	RECAP
55	May 19, 2006	JOINT STATUS REPORT (Hickox, Stacy) (Entered: 05/19/2006)	RECAP
56	May 19, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. re 55 (Hickox, Stacy) (Entered: 05/19/2006)	RECAP
57	May 24, 2006	MINUTES of scheduling conference held before Magistrate Judge Ellen S. Carmody (Proceedings Not Recorded) (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 05/24/2006)	RECAP
58	May 26, 2006	MOTION to take deposition from Prisoners Identified in Appendix to Second Amended Complaint by defendant Patricia L. Caruso; (Friedman, Leo) (Entered: 05/26/2006)	RECAP
59	May 26, 2006	BRIEF in support of 58 Motion to take deposition from Prisoners Identified in Appendix to Second Amended Complaint filed by Patricia L. Caruso (Friedman, Leo) (Entered: 05/26/2006)	RECAP
60	May 26, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso re 58 Motion to take deposition from Prisoners Identified in Appendix to Second Amended Complaint and 59 Brief in Support (Friedman, Leo) (Entered: 05/26/2006)	RECAP
61	June 2, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. (Hickox, Stacy) (Entered: 06/02/2006)	RECAP
62	June 5, 2006	ORDER granting 49 Defendant's Motion for Enlargement of Time to File Responsive Pleading; Defendant's response to the Second Amended Complaint will be due 6/12/2006; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/05/2006)	RECAP
63	June 7, 2006	CASE MANAGEMENT ORDER: bench trial set for 3/17/2008 at 08:30 AM at 174 Federal Building, Kalamazoo, MI before Senior Judge Richard Alan Enslen; settlement conference set for 9/15/2006 at 02:00 PM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; final pretrial conference set for 2/5/2008 at 09:00 AM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody; ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas) (Entered: 06/07/2006)	RECAP
64	June 7, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. (Rule 26(a)(1) Disclosures) (Hickox, Stacy) (Entered: 06/07/2006)	RECAP
65	June 8, 2006	ANSWER to second amended complaint for declaratory and injunctive relief; affirmative defenses by Patricia L. Caruso (Friedman, Leo) Modified text on 6/12/2006 (bd, ). (Entered: 06/08/2006)	RECAP
66	June 8, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso re 65 Defendant's Answer to Second Amended Complaint for Declaratory and Injunctive Relief; Affirmative Defenses (Friedman, Leo) (Entered: 06/08/2006)	RECAP
67	June 13, 2006	ORDER granting 58 Defendant's motion for leave to take depositions of prisoners; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 06/13/2006)	RECAP
68	June 16, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso re service of (1) Defendant's First Set of Interrogatories and Request to Produce, and (2) Defendant's First Request for Production of Documents (Friedman, Leo) (Entered: 06/16/2006)	RECAP
69	June 30, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso confirming service of Defendant's Responses to Plaintiff's First Request for Production or Inspection of Documents (Friedman, Leo) (Entered: 06/30/2006)	RECAP
70	June 30, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso confirming service of Defendant's Fed R Civ P 26(a)(1) Disclosure (Friedman, Leo) (Entered: 06/30/2006)	RECAP
71	July 10, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso confirming service of fully signed copy of Defendant's Responses to Plaintiff's First Request for Production or Inspection of Documents (Friedman, Leo) (Entered: 07/10/2006)	RECAP
72	July 17, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. (Cody, Mark) (Entered: 07/17/2006)	RECAP
73	July 20, 2006	ORDER regarding 9/15/2006 settlement conference; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 07/20/2006)	RECAP
74	July 21, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso confirming service of Defendant's Supplemental Response to Plaintiff's First Request for Production or Inspection of Documents (Friedman, Leo) (Entered: 07/21/2006)	RECAP
75	Aug. 2, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. Plaintiff's First Set of Interrogatories and Second Request for Production or Inspection of Documents (Hickox, Stacy) (Entered: 08/02/2006)	RECAP
76	Aug. 7, 2006	MOTION for protective order by plaintiff Michigan Protection & Advocacy Service, Inc.; (Attachments: # 1 Proposed Order Protective Order and Order to Seal the File in This Case) (Cody, Mark) (Entered: 08/07/2006)	RECAP
77	Aug. 7, 2006	MEMORANDUM in support of 76 Memorandum of Law in Support of Plaintiff's Motion for Second Protective Order filed by Michigan Protection & Advocacy Service, Inc. (Attachments: # 1 Index of Exhibits# 2 Exhibit 9# 3 Exhibit 10) (Cody, Mark) Modified text on 8/8/2006 (bd, ). (Entered: 08/07/2006)	RECAP
78	Aug. 8, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. (Cody, Mark) (Entered: 08/08/2006)	RECAP
79	Aug. 9, 2006	NOTICE OF MOTION HEARING regarding document number 76 : motion hearing is set for 8/29/2006 at 09:30 AM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 08/09/2006)	RECAP
80	Aug. 9, 2006	SEALED document (acr, ) (Entered: 08/11/2006)	RECAP
81	Aug. 9, 2006	ORIGINAL PAPER AFFIDAVIT of Sara Koroniotis in reference to the affidavit submitted electronically and assigned document number 77 memorandum in support of motion (exhibit 9) ; submitted for filing by plaintiff Michigan Protection & Advocacy Service, Inc. (acr, ) (Entered: 08/11/2006)	RECAP
82	Aug. 11, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. (Cody, Mark) (Entered: 08/11/2006)	RECAP
83	Aug. 14, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. (Cody, Mark) (Entered: 08/14/2006)	RECAP
84	Aug. 24, 2006	RESPONSE to motion re 76 named as Defendants' Response to Plaintiff's Motion for Second Protective Order filed by Patricia L. Caruso (Attachments: # 1 Exhibit A - Dep Dir Straub Affidavit# 2 Exhibit B - Response to Affs for 2d Prot Order.082406) (Olivieri, Linda) (Entered: 08/24/2006)	RECAP
85	Aug. 25, 2006	MOTION to SEAL DOCUMENT by defendant Patricia L. Caruso; (Olivieri, Linda) (Entered: 08/25/2006)	RECAP
86	Aug. 25, 2006	BRIEF in support of 85 Motion to Seal Documents filed by Patricia L. Caruso (Olivieri, Linda) (Entered: 08/25/2006)	RECAP
87	Aug. 25, 2006	CERTIFICATE OF SERVICE by defendant Patricia L. Caruso for Proposed Sealed Affidavits and Attachments in Response to Plaintiff's Motion for Second Protective Order via hand delivery (Olivieri, Linda) (Entered: 08/25/2006)	RECAP
88	Aug. 28, 2006	RESPONSE to motion re 76 named as Defendant's Supplemental Response to Plaintiff's Motion for Second Protective Order filed by Patricia L. Caruso (Attachments: # 1 Attachment Dennis Straub Affidavit.082806) (Olivieri, Linda) (Entered: 08/28/2006)	RECAP
93	Aug. 28, 2006	SEALED document (acr, ) (Entered: 08/30/2006)	RECAP
89	Aug. 29, 2006	PROOF OF SERVICE by plaintiff Michigan Protection & Advocacy Service, Inc. (Cody, Mark) (Entered: 08/29/2006)	RECAP
90	Aug. 29, 2006	MINUTES of in chambers conference re motions 76, 85 held before Magistrate Judge Ellen S. Carmody (Proceedings Not Recorded) (Magistrate Judge Ellen S. Carmody, mdr) (Entered: 08/29/2006)	RECAP
91	Aug. 29, 2006	ORDER granting 85 Defendant Caruso's Motion to Seal Documents; signed by Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 08/29/2006)	RECAP
92	Aug. 29, 2006	NOTICE OF EVIDENTIARY HEARING regarding document number 76 : EVIDENTIARY motion hearing is set for 10/5/2006 at 09:30 AM at 401 Federal Building, Grand Rapids, MI before Magistrate Judge Ellen S. Carmody (Magistrate Judge Ellen S. Carmody, cbh) (Entered: 08/29/2006)	RECAP
96	Aug. 30, 2006	SEALED document (bd, ) (Entered: 09/05/2006)	RECAP
94	Aug. 31, 2006	ORIGINAL PAPER AFFIDAVIT of Dennis Straub in reference to the affidavit submitted electronically and assigned document number 84 response to motion for second protective order (Exhibit A) ; submitted for filing by defendant Patricia L. Caruso (acr, ) (Entered: 09/01/2006)	RECAP
95	Sept. 1, 2006	ORIGINAL PAPER AFFIDAVIT of Dennis Straub in reference to the affidavit submitted electronically and assigned document number 88 ; submitted for filing by defendant Patricia L. Caruso (Attachments:, # 1 Attachment) (bd, ) (Entered: 09/01/2006)	RECAP

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Case Details

State / Territory:

Michigan

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 14, 2005

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Michigan Protection and Advocacy Service, a private non-profit with statutory authority to investigate and protect the rights of youths with disabilities or mental illnesses.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Patricia L. Caruso

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Non-government for-profit

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

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

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

Western District of Michigan 5:05-cv-00128

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Education

Juveniles

Disability and Disability Rights:

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Disciplinary segregation

Solitary confinement/Supermax (conditions or process)

Youth / Adult separation

Medical/Mental Health Care:

Mental health care, general

Self-injurious behaviors

Suicide prevention

Recommended Citation

Case Summary of Michigan Protection & Advocacy Service, Inc. v. Caruso, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/14259/ (last updated 2/21/2017).