Case: McBride v. Michigan Department of Corrections

2:15-cv-11222 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 31, 2015

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Case Summary

On March 31, 2015, three prisoner-plaintiffs filed this putative class action lawsuit against the Michigan Department of Corrections (MDOC), alleging that MDOC was discriminating against them and other deaf and hard of hearing prisoners. The case was filed in the U.S. District Court for the Eastern District of Michigan, and was assigned to Judge Sean Cox. The plaintiffs were represented by Michigan Protection and Advocacy, the Washington Lawyers’ Committee and private counsel. The plaintiffs al…

The plaintiffs alleged that MDOC consistently failed to provide them with effective communication opportunities, depriving them of full participation in prison programs, services, and activities, including visitation, religious activities, and disciplinary and parole proceedings. They also alleged that since they couldn’t hear guards’ orders, they were sometimes unable to obey prison regulations and were then unfairly disciplined. The plaintiffs alleged that this treatment violated the Americans with Disabilities Act, the Rehabilitation Act, and the Religious Land Use and Institutionalized Persons Act. They also alleged that the absence of devices enabling them to communicate with their families and others violated their free speech rights under the First Amendment.

MDOC sought summary judgment on May 1, 2015. On October 30, 2015, the magistrate judge filed a Report and Recommendation to deny the motion. The court adopted this Report and Recommendation with an order denying MDOC’s motion for summary judgment on March 24, 2016. 2016 WL 1156740.

On June 30, 2017, the magistrate judge filed a Report and Recommendation to certify the plaintiffs’ class. The court adopted this recommendation on July 20, 2017, certifying the class as “all deaf and hard of hearing individuals in the custody of MDOC (whether now or in the future), who require hearing-related accommodations, including but not limited to interpreters, hearing devices, or other auxiliary aids or services, to communicate effectively and/or to access or participate in programs, services, or activities available to individuals in the custody of MDOC.” 2017 WL 3085785.

On March 9, 2018, the court partially granted the plaintiffs’ motion for summary judgment, and denied MDOC’s motion for summary judgment. 294 F. Supp. 3d 695. The court found that the devices that MDOC provided to the plaintiffs failed to meet the standard of reasonable accommodation. The court therefore granted summary judgment on the plaintiffs’ ADA and Rehabilitation Act claims, and agreed that a training program would be appropriate as well. It ordered MDOC to make videophones available to all deaf and hard of hearing inmates and to provide necessary auxiliary aids to enable equal participation in prison programs and services, including access to ASL interpreters, mandatory training for officers and staff on how to interact with deaf and hard of hearing inmates, and appropriate compliance monitoring. The plaintiffs had additionally sought summary judgment on a claim that MDOC’s policies for classification and housing placement were insufficient; the court denied summary judgment on this claim.

By September 2018 the parties had reached a settlement agreement, and they filed a joint motion for preliminary approval of a class-action settlement on September 26, 2018. The settlement agreement required MDOC to provide specified accommodations for the plaintiffs and all other current and future class members, appointed a monitor to oversee enforcement of the settlement, and mandated that MDOC pay $1.3 million for plaintiffs’ attorneys’ fees and costs. In particular, MDOC agreed to provide hearing assessments, adequately accommodating facilities, communications technology, and auxiliary aids and services necessary to allow the class members to access MDOC services, programs, and activities. The agreement also required MDOC to install non-auditory notification systems and develop and implement new procedures regarding the accommodations for MDOC guards and staff.

On January 15, 2019, the court granted the motion for preliminary approval of the settlement agreement and set a fairness hearing for March 28, 2019. The day after the hearing, the court issued an order granting the parties’ joint motion for final approval of the settlement. The settlement was set for enforcement until 2021.

On August 12, 2019, a hard of hearing MDOC prisoner (“Class Member 1”) filed, as a class member and as an interested party, a motion to enforce the settlement agreement. Another prisoner (“Class Member 2”), filed a motion to enforce the settlement agreement on October 10, 2019. On October 22, 2019, Class Member 2 filed a motion for a temporary restraining order, a preliminary injunction, and a protective order, claiming that MDOC subjected him to adverse treatment, such as discrimination and harassment, for filing a motion to enforce the settlement agreement. On December 2, 2019, Class Member 1 filed another motion to enforce the settlement agreement.

The post-judgment complaints were referred to the Magistrate Judge David R. Grand. On February 20, 2020, the court issued an order recommending the process by which such complaints would be adjudicated, including a mediation process. On the same day, the court recommended that Class Member 1’s motions be denied, holding that there was insufficient evidence to support the claims in his initial motion. The court held, among other things, that the “most efficient and effective means of addressing the issues [Class Member 1] raised in his motions is for him to first pursue them through the mediation process with the Settlement Monitor pursuant to the procedures outlined” in the magistrate judge’s order issued on the same day. On March 3, 2020, the magistrate judge issued a recommendation on settlement compliance, setting out deadlines for implementation of certain terms of the settlement agreement. The court adopted the recommendations on March 25, 2020. Class Member 1 appealed this decision. Class Member 1's appeal was dismissed on November 23, 2020 for failing to prosecute the appeal.

The magistrate judge issued orders on Class Member 2’s motion for enforcement, temporary restraining order, and preliminary injunction on May 26, 2020. As to enforcement, the magistrate judge recommended denial, because the issues raised were not “exceptional or extraordinary.” Because Class Member 2 “has provided ample notice to Defendants as to his request for injunctive relief, the Court will treat his motion [for temporary restraining order] as one for preliminary injunction.” The magistrate judge recommended that the motion be denied, holding, among other things, that Class Member 2 had failed to show the likelihood of success on the merits. The court adopted the magistrate judge’s recommendations on July 6, 2020.

On July 17, 2020, another class member ("Class Member 3") filed a letter with seven specific issues related to alleged violations of the grievance procedure terms of the settlement agreement. These issues arose from a series of misconducts that Class Member 3 had received in 2019. Class Member 3 alleged that these misconducts were issued in violation of the grievance procedure outlined in the settlement agreement. On September 5, 2020, the Settlement Monitor sent recommendations addressing the issues to MDOC. Specifically, the Settlement Monitor recommended that the challenged misconducts be re-heard or dismissed. MDOC appealed the recommendations on October 6, 2020. On May 5, 2021, Magistrate Judge Grand sustained MDOC's appeal because Class Member 3 had not been diagnosed with a hearing disability until after the misconducts were issued.

	Document
2:15-cv-11222	Docket [PACER]	July 9, 2020	July 9, 2020 Docket
	Michigan Department of Corrections Facing Class Action Disability Lawsuit [MPAS ADA lawsuit, re. deaf prisoners] No Court	March 31, 2015	March 31, 2015 Press Release
1 2:15-cv-11222	Class Action Complaint for Declaratory and Injunctive Relief	March 31, 2015	March 31, 2015 Complaint
28 2:15-cv-11222	Report and Recommendation to Deny Defendants' Motion for Partial Summary Judgment	Oct. 30, 2015	Oct. 30, 2015 Magistrate Report/Recommendation 2015 WL 13221229
61-29 2:15-cv-11222	Expert Report of Richard Lorenzo Ray	Feb. 10, 2017	Feb. 10, 2017 Monitor/Expert/Receiver Report
76-17 2:15-cv-11222	Expert Report of Dennis Cokely, Ph.D.	March 17, 2017	March 17, 2017 Monitor/Expert/Receiver Report
94 2:15-cv-11222	Report and Recommendation to Grant Plaintiff's Motion for Class Certification	June 30, 2017	June 30, 2017 Magistrate Report/Recommendation 2017 WL 3097806
96 2:15-cv-11222	Report and Recommendation to Grant in Part and Deny in Part Plaintiffs' Motion for Summary Judgment and to Deny Defendants' Motion for Summary Judgment	Feb. 8, 2018	Feb. 8, 2018 Magistrate Report/Recommendation
99 2:15-cv-11222	Opinion and Order Adopting 2/8/18 Report and Recommendation	March 9, 2018	March 9, 2018 Order/Opinion 294 F.Supp.3d 695
111 2:15-cv-11222	Joint Motion for Approval of Class Action Settlement by Plaintiffs and Attached Settlement	Sept. 28, 2018	Sept. 28, 2018 Settlement Agreement

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT CLASS ACTION REQUEST FOR DECLARATORY AND INJUNCTIVE RELIEF filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5095800 - Fee: $ 400. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Davis, Chris) (Entered: 03/31/2015)	March 31, 2015	March 31, 2015 Clearinghouse
2	SUMMONS Issued for Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods (DAll) (Entered: 04/01/2015)	April 1, 2015	April 1, 2015 PACER
3	CERTIFICATE of Service/Summons Returned Executed. Michigan Department of Corrections served on 4/3/2015, answer due 4/24/2015. (Davis, Chris) (Entered: 04/06/2015)	April 6, 2015	April 6, 2015 PACER
4	CERTIFICATE of Service/Summons Returned Executed. Randall Treacher served on 4/3/2015, answer due 4/24/2015. (Davis, Chris) (Entered: 04/06/2015)	April 6, 2015	April 6, 2015 PACER
5	CERTIFICATE of Service/Summons Returned Executed. Daniel H Heyns served on 4/3/2015, answer due 4/24/2015. (Davis, Chris) (Entered: 04/06/2015)	April 6, 2015	April 6, 2015 PACER
6	CERTIFICATE of Service/Summons Returned Executed. Thomas Finco served on 4/2/2015, answer due 4/23/2015. (Davis, Chris) (Entered: 04/06/2015)	April 6, 2015	April 6, 2015 PACER
7	CERTIFICATE of Service/Summons Returned Executed. Anthony Stewart served on 4/2/2015, answer due 4/23/2015. (Davis, Chris) (Entered: 04/07/2015)	April 7, 2015	April 7, 2015 PACER
8	ATTORNEY APPEARANCE: A. Peter Govorchin appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods (Govorchin, A.) (Entered: 04/16/2015)	April 16, 2015	April 16, 2015 PACER
9	ATTORNEY APPEARANCE: Allan J. Soros appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods (Soros, Allan) (Entered: 04/16/2015)	April 16, 2015	April 16, 2015 PACER
10	ATTORNEY APPEARANCE: Robert J. Jenkins appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods (Jenkins, Robert) (Entered: 04/16/2015)	April 16, 2015	April 16, 2015 PACER
11	CERTIFICATE of Service/Summons Returned Executed. Jeffrey Woods served on 4/10/2015, answer due 5/1/2015. (Davis, Chris) (Entered: 04/21/2015)	April 21, 2015	April 21, 2015 PACER
12	STIPULATION AND ORDER Extending Time for Defendants to Respond re 1 Complaint. (Responsive Pleading due by 5/1/2015) Signed by District Judge Sean F. Cox. (JMcC) (Entered: 04/22/2015)	April 22, 2015	April 22, 2015 PACER
13	ATTORNEY APPEARANCE: Abraham Singer appearing on behalf of All Plaintiffs (Singer, Abraham) (Entered: 04/28/2015)	April 28, 2015	April 28, 2015 PACER
14	CERTIFICATE of Service/Summons Returned Executed. Cathleen Stoddard served on 4/13/2015, answer due 5/4/2015. (Davis, Chris) (Entered: 04/30/2015)	April 30, 2015	April 30, 2015 PACER
15	MOTION for Summary Judgment by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, McBride Step III Grievance Report, # 3 Exhibit B, Wittman Step III Grievance Report, # 4 Exhibit C, Williams Step III Grievance Report, # 5 Exhibit D, MDOC PD 03.02.130, # 6 Exhibit E, Burnett v. Howard) (Govorchin, A.) (Entered: 05/01/2015) 1 Index of Exhibits View on PACER 2 Exhibit A, McBride Step III Grievance Report View on PACER 3 Exhibit B, Wittman Step III Grievance Report View on PACER 4 Exhibit C, Williams Step III Grievance Report View on PACER 5 Exhibit D, MDOC PD 03.02.130 View on PACER 6 Exhibit E, Burnett v. Howard View on PACER	May 1, 2015	May 1, 2015 PACER
16	NOTICE by All Plaintiffs OF CORRECTION (Davis, Chris) (Entered: 05/07/2015)	May 7, 2015	May 7, 2015 PACER
17	ORDER Referring Pretrial Matters to Magistrate Judge David R. Grand, including 15 Motion for Summary Judgment. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 05/14/2015)	May 14, 2015	May 14, 2015 PACER
18	ATTORNEY APPEARANCE: James E. Long appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods w/certificate of service (Long, James) (Entered: 05/15/2015)	May 15, 2015	May 15, 2015 PACER
19	ATTORNEY APPEARANCE: Jeanmarie Miller appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods w/certificate of service (Miller, Jeanmarie) (Entered: 05/15/2015)	May 15, 2015	May 15, 2015 PACER
20	ATTORNEY APPEARANCE: Gary L. Grant appearing on behalf of Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods w/certificate of service (Grant, Gary) (Entered: 05/15/2015)	May 15, 2015	May 15, 2015 PACER
21	NOTICE of Appearance by Stephen Curtis Bartenstein on behalf of All Plaintiffs. (Bartenstein, Stephen) (Entered: 05/19/2015)	May 19, 2015	May 19, 2015 PACER
22	NOTICE of Appearance by Andrew D. Lazerow on behalf of All Plaintiffs. (Lazerow, Andrew) (Entered: 05/19/2015)	May 19, 2015	May 19, 2015 PACER
23	RESPONSE to 15 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Lazerow, Andrew) (Entered: 05/22/2015) 1 Index of Exhibits View on RECAP 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER	May 22, 2015	May 22, 2015 PACER
24	MOTION for Withdrawal of Attorney A. Peter Govorchin by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Govorchin, A.) (Entered: 06/16/2015)	June 16, 2015	June 16, 2015 PACER
25	ORDER granting 24 Motion to Withdraw as Attorney.. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 07/23/2015)	July 23, 2015	July 23, 2015 PACER
26	NOTICE OF HEARING on 15 MOTION for Summary Judgment . Motion Hearing set for 9/17/2015 10:00 AM before Magistrate Judge David R. Grand (EBut) (Entered: 07/31/2015)	July 31, 2015	July 31, 2015 PACER
27	STIPULATED SCHEDULING ORDER. Signed by Magistrate Judge David R. Grand. (EBut) (Entered: 09/15/2015)	Sept. 15, 2015	Sept. 15, 2015 PACER
	Minute Entry for proceedings before Magistrate Judge David R. Grand: Motion Hearing held on 9/17/2015 re 15 MOTION for Summary Judgment filed by Daniel H Heyns, Cathleen Stoddard, Jeffrey Woods, Anthony Stewart, Michigan Department of Corrections, Randall Treacher, Thomas Finco Disposition: #15 taken under advisement(Court Reporter Digitally Recorded) (EBut)	Sept. 18, 2015	Sept. 18, 2015 PACER
	Motion Hearing	Sept. 18, 2015	Sept. 18, 2015 PACER
28	REPORT AND RECOMMENDATION to Deny Defendants' 15 MOTION for Partial Summary Judgment filed by Daniel H Heyns, Cathleen Stoddard, Jeffrey Woods, Anthony Stewart, Michigan Department of Corrections, Randall Treacher, Thomas Finco - Signed by Magistrate Judge David R. Grand. (FMos)	Oct. 30, 2015	Oct. 30, 2015 Clearinghouse
29	OBJECTION to 28 Report and Recommendation with Certificate of Service by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - McQueen v Woods, Warden, et al. Order) (Miller, Jeanmarie) (Entered: 11/13/2015) 1 Index of Exhibits View on PACER 2 Exhibit A - McQueen v Woods, Warden, et al. Order View on PACER	Nov. 13, 2015	Nov. 13, 2015 PACER
30	STIPULATION AND ORDER EXTENDING PLAINTIFFS' DEADLINE TO RESPOND TO 28 REPORT AND RECOMMENDATION re 15 MOTION for Summary Judgment filed by Daniel H Heyns, Cathleen Stoddard, Jeffrey Woods, Anthony Stewart, Michigan Department of Corrections, Randall Treacher, Thomas Finco, 29 Objection to Report and Recommendation, ( Response due by 12/4/2015.) Signed by District Judge Sean F. Cox. (KWin) (Entered: 11/18/2015)	Nov. 18, 2015	Nov. 18, 2015 PACER
31	RESPONSE to 29 Objection to Report and Recommendation, by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A) (Lazerow, Andrew) (Entered: 12/04/2015) 1 Index of Exhibits View on PACER 2 Exhibit A View on PACER	Dec. 4, 2015	Dec. 4, 2015 PACER
32	STIPULATION AND AMENDED SCHEDULING ORDER. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 02/16/2016)	Feb. 16, 2016	Feb. 16, 2016 PACER
33	MOTION to Compel Production of Documents by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V) (Lazerow, Andrew) (Entered: 03/04/2016) 1 Index of Exhibits View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER 14 Exhibit M View on PACER 15 Exhibit N View on PACER 16 Exhibit O View on PACER 17 Exhibit P View on PACER 18 Exhibit Q View on PACER 19 Exhibit R View on PACER 20 Exhibit S View on PACER 21 Exhibit T View on PACER 22 Exhibit U View on PACER 23 Exhibit V View on PACER	March 4, 2016	March 4, 2016 PACER
34	CERTIFICATE OF SERVICE by All Plaintiffs Request for Permission to Enter on MDOC Facilities to Inspect and Photograph (Davis, Chris) (Entered: 03/10/2016)	March 10, 2016	March 10, 2016 PACER
35	RESPONSE to 33 MOTION to Compel Production of Documents with Certificate of Service filed by Thomas Finco, Daniel H Heyns, Michigan Department of Corrections, Anthony Stewart, Cathleen Stoddard, Randall Treacher, Jeffrey Woods. (Miller, Jeanmarie) (Entered: 03/18/2016)	March 18, 2016	March 18, 2016 PACER
36	ORDER Adopting 28 Report and Recommendation for Denying 15 Motion for Summary Judgment, filed by Daniel H Heyns, Cathleen Stoddard, Jeffrey Woods, Anthony Stewart, Michigan Department of Corrections, Randall Treacher, Thomas Finco. Signed by District Judge Sean F. Cox. (JMcC)	March 24, 2016	March 24, 2016 RECAP
37	ORDER Referring Pretrial Matters to Magistrate Judge David R. Grand, including 33 Motion to Compel. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 03/24/2016)	March 24, 2016	March 24, 2016 PACER
38	NOTICE OF HEARING BY TELEPHONE on 33 MOTION to Compel Production of Documents. Motion Hearing set for 4/14/2016 10:00 AM before Magistrate Judge David R. Grand (EBut) (Entered: 03/25/2016)	March 25, 2016	March 25, 2016 PACER

Case: McBride v. Michigan Department of Corrections

2:15-cv-11222 | U.S. District Court for the Eastern District of Michigan

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