Case: Dorn v. Michigan Department of Corrections
1:15-cv-00359 | U.S. District Court for the Western District of Michigan
Filed Date: April 2, 2015
Closed Date: 2018
Clearinghouse coding complete
Case Summary
On April 2, 2015, a HIV positive prisoner filed this lawsuit in the U.S. District Court for the Western District of Michigan. The plaintiff sued under Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (RA), and 42 U.S.C. §§ 1983 and 1988 against the Michigan Department of Corrections. The plaintiff, represented by Michigan Protection and Advocacy Service and by Lambda Legal, asked the court for declaratory, injunctive, and monetary relief. The plaintiff claimed that the defendant's enforced a policy regarding HIV-positive prisoners that disproportionately and unlawfully discriminated against prisoners living with HIV.
Specifically, the plaintiff claimed that the defendant's policy subjected him to drastically more severe punishment after allegedly engaging in sexual conduct with another prisoner. This punishment included an indefinite period of administrative segregation that ultimately lasted nearly one year; a heightened security classification; transfer to remote facilities in the Upper Peninsula; loss of a paid work assignment where he had substantial freedom and responsibility; loss of access to the law library, despite having an active pending appeal that he was pursuing pro se; loss of educational and religious programming, some of which factored into his parole determination; inability to access the telephone on a daily basis; and removal of personal property within his cell.
The defendants filed a motion to dismiss. In response, on May 27, 2015, the plaintiff amended the complaint, so on June 1, 2015, Judge Paul L. Maloney denied the motion to dismiss as moot. Following Judge Maloney's denial, the plaintiff was released on parole. The defendants then refiled their motions to dismiss.
On June 6, 2017, Judge Maloney granted defendants' motion to dismiss on plaintiff's ADA, RA and due process claims on the grounds that defendants were protected in their official capacity by sovereign immunity. The court further held that the majority of plaintiff's requests for declaratory and injunctive relief were moot due to his release on parole. However, Judge Maloney also determined that plaintiff retained standing for his expungement request and that discovery was necessary prior to allowing defendants to assert qualified immunity as a defense to plaintiffs claims in their individual capacities.
On November 6, 2018, the parties submitted their Settlement Agreement, which set out the following proposals:
- The defendant would pay $150,000 to the plaintiff
- The defendant would implement revisions to three sections of its Policy Directive:
(1) Segregation for HIV positive prisoners who are found to be guilty of misconduct if it is determined that the behavior presented a significant risk of HIV transmission;The settlement allowed for judicial enforcement. On November 14, 2018, pursuant to their settlement agreement, the plaintiff submitted a Stipulation of Voluntary Dismissal, which stated that the parties reached a settlement agreement resolving all the issues in this lawsuit, including costs, attorney's fees, and expenses. The case is now closed.(2) Timely reporting the misconduct to the Assistant Chief Medical Officer, who will review the actual misconduct reports and document the behavior in the prisoner's health record;
(3) If the behavior presented a significant risk of HIV transmission, the Correctional Facilities Administration Deputy Director, upon consultation with the Chief Medical Officer shall be informed in writing of the incident and shall review the case to determine if the prisoner should be classified to administrative segregation.
Summary Authors
Lakshmi Gopal (10/6/2015)
Nichollas Dawson (3/24/2018)
Lisa Koo (3/3/2019)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4513887/parties/dorn-v-michigan-department-of-corrections/
Maloney, Paul Lewis (Michigan)
Davis, Chris E. (Michigan)
Ingelhart, Kara N. (Illinois)
Barton, Denise C. (Michigan)
Dean, Michael R. (Michigan)
Documents in the Clearinghouse
Resources
Docket
See docket on RECAP: https://www.courtlistener.com/docket/4513887/dorn-v-michigan-department-of-corrections/
Last updated June 19, 2026, 6:13 a.m.
Docket for: Dorn v. Michigan Department of Corrections
Case Details
State / Territory:
Case Type(s):
Special Collection(s):
Post-PLRA enforceable consent decrees
Key Dates
Filing Date: April 2, 2015
Closing Date: 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
An HIV positive prisoner
Plaintiff Type(s):
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Michigan Department of Corrections
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Other Dockets:
Western District of Michigan 1:15-cv-00359
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Amount Defendant Pays: 150,000
Issues
General/Misc.:
Access to lawyers or judicial system
Disability and Disability Rights:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Jails, Prisons, Detention Centers, and Other Institutions:
Solitary confinement/Supermax (conditions or process)
Medical/Mental Health Care:
Case Summary of Dorn v. Michigan Department of Corrections, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/14455/ (last updated 3/3/2019).