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 …

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;

(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.

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.

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/


Judge(s)

Maloney, Paul Lewis (Michigan)

Attorneys(s) for Plaintiff

Davis, Chris E. (Michigan)

Ingelhart, Kara N. (Illinois)

Palazzolo, Kyle A. (Illinois)

Pinggera, Anthony C (California)

Saenz, Richard (New York)

Schoettes, Scott A. (Illinois)

Attorneys(s) for Defendant

Barton, Denise C. (Michigan)

Dean, Michael R. (Michigan)

Mertens, Scott A (Michigan)

Judge(s)

Maloney, Paul Lewis (Michigan)

Attorneys(s) for Plaintiff

Davis, Chris E. (Michigan)

Ingelhart, Kara N. (Illinois)

Palazzolo, Kyle A. (Illinois)

Pinggera, Anthony C (California)

Saenz, Richard (New York)

Schoettes, Scott A. (Illinois)

Attorneys(s) for Defendant

Barton, Denise C. (Michigan)

Dean, Michael R. (Michigan)

Mertens, Scott A (Michigan)

Powe, Douglas G. (Michigan)

Schneider, Clifton B. (Michigan)

Documents in the Clearinghouse

Document

Docket [PACER]

Dorn v. Michigan Department of Corrections et al

Nov. 14, 2018 Docket
1

Complaint

Dorn v. Michigan Department of Corrections et al

April 2, 2015 Complaint
15

First Amended Complaint for Declaratory and Injunctive Relief and Money Damages

May 27, 2015 Complaint
16

Order dismissing as moot defendant's (13) motion to dismiss

Western District of Michigan (Southern Division (1))

June 1, 2015 Order/Opinion
25

Opinion

2017 WL 2436997

June 6, 2017 Order/Opinion
88-1

Policy Directive

Nov. 6, 2018 Settlement Agreement
88

Settlement Agreement

Nov. 6, 2018 Settlement Agreement

Resources

Title Description External URL

Dorn v. Michigan Department of Corrections, et al.

Lambda Legal

On November 12, 2018, Lambda Legal and Michigan Protection & Advocacy Service announced the successful settlement of a 2015 lawsuit filed on behalf of John Dorn against the Michigan Department of Cor… Nov. 12, 2018 https://www.lambdalegal.org/in-court/cases/dorn-v-michigan-department-of-corrections

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4513887/dorn-v-michigan-department-of-corrections/

Last updated May 12, 2022

ECF Number Description Date Link

Filing Fee (Civil Case) - Credit Card Payment

April 2, 2015 PACER

Summons Not Issued

April 2, 2015 PACER
1

COMPLAINT For Declaratory And Injunctive Relief And Money Damages against All Defendants filed by John Dorn (Davis, Chris) Modified text on 4/2/2015 (ald). (Entered: 04/02/2015)

April 2, 2015 PACER
2

NOTICE that this case has been assigned to Chief Judge Paul L. Maloney (ald) (Entered: 04/02/2015)

April 2, 2015 PACER
3

PROPOSED SUMMONS to be issued re 1 (Davis, Chris) (Entered: 04/02/2015)

April 2, 2015 PACER
4

SUMMONS ISSUED as to defendants Thomas Finco, Daniel H. Heyns, Michigan Department of Corrections, Haresh Pandya, Bill Schuette, Jeffrey Stieve (ns) (Entered: 04/03/2015)

April 3, 2015 PACER
5

SUMMONS returned executed; Daniel H. Heyns served on 4/9/2015, answer due 4/30/2015 (Davis, Chris) (Entered: 04/10/2015)

April 10, 2015 PACER
6

SUMMONS returned executed; Thomas Finco served on 4/9/2015, answer due 4/30/2015 (Davis, Chris) Modified text on 4/10/2015 (ns). (Entered: 04/10/2015)

April 10, 2015 PACER
7

SUMMONS returned executed; Michigan Department of Corrections served on 4/9/2015, answer due 4/30/2015 (Davis, Chris) Modified text on 4/10/2015 (ns). (Entered: 04/10/2015)

April 10, 2015 PACER
8

SUMMONS returned executed; Bill Schuette served on 4/9/2015, answer due 4/30/2015 (Davis, Chris) Modified text on 4/10/2015 (ns). (Entered: 04/10/2015)

April 10, 2015 PACER
9

SUMMONS returned executed; Haresh Pandya served on 4/9/2015, answer due 4/30/2015 (Davis, Chris) (Entered: 04/13/2015)

April 13, 2015 PACER
10

SUMMONS returned executed; Haresh Pandya served on 4/16/2015, answer due 5/7/2015 (Davis, Chris) (Entered: 04/16/2015)

April 16, 2015 PACER

Attorney Appearance

April 30, 2015 PACER
11

PROPOSED ORDER regarding Extending Date to Respond to Complaint by defendants Thomas Finco, Daniel H. Heyns, Michigan Department of Corrections, Haresh Pandya, Bill Schuette (Schneider, Clifton) (Entered: 04/30/2015)

April 30, 2015 PACER
12

STIPULATION AND ORDER extending deadline to respond to complaint; deadline for defendants Michigan Department of Corrections, Pandya, Finco, Heyns, and Schuette to file response extended to 5/7/2015; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr) (Entered: 04/30/2015)

April 30, 2015 PACER
13

MOTION to dismiss for lack of jurisdiction and for failure to state a claim by defendants Thomas Finco, Daniel H. Heyns, Michigan Department of Corrections, Haresh Pandya, Bill Schuette; (Schneider, Clifton) (Entered: 05/07/2015)

May 7, 2015 RECAP
14

BRIEF in support of MOTION to dismiss for lack of jurisdiction and for failure to state a claim 13 filed by Thomas Finco, Daniel H. Heyns, Michigan Department of Corrections, Haresh Pandya, Bill Schuette (Schneider, Clifton) (Entered: 05/07/2015)

May 7, 2015 RECAP
15

FIRST AMENDED COMPLAINT For Declaratory and Injunctive Relief and Money Damages against All Defendants filed by John Dorn (Davis, Chris) Modified text on 5/28/2015 (clp). (Entered: 05/27/2015)

May 27, 2015 RECAP
16

ORDER dismissing as moot 13 motion to dismiss; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, cmc) (Entered: 06/01/2015)

June 1, 2015 PACER
17

MOTION to dismiss for lack of jurisdiction and for failure to state a claim by defendants Thomas Finco, Daniel H. Heyns, Michigan Department of Corrections, Haresh Pandya, Bill Schuette; (Schneider, Clifton) (Entered: 06/08/2015)

June 8, 2015 PACER
18

BRIEF in support of MOTION to dismiss for lack of jurisdiction and for failure to state a claim 17 filed by Thomas Finco, Daniel H. Heyns, Michigan Department of Corrections, Haresh Pandya, Bill Schuette (Schneider, Clifton) (Entered: 06/08/2015)

June 8, 2015 PACER
19

SUMMONS returned executed; Jeffrey Stieve served on 6/6/2015, answer due 6/29/2015 (Davis, Chris) (Entered: 06/09/2015)

June 9, 2015 PACER

Attorney Appearance

June 10, 2015 PACER

Attorney Appearance

June 23, 2015 PACER
20

MOTION to dismiss for lack of jurisdiction and for failure to state a claim by defendant Jeffrey Stieve; (Schneider, Clifton) (Entered: 06/23/2015)

June 23, 2015 PACER
21

BRIEF in support of MOTION to dismiss for lack of jurisdiction and for failure to state a claim 20 filed by Jeffrey Stieve (Schneider, Clifton) (Entered: 06/23/2015)

June 23, 2015 PACER
22

RESPONSE in opposition to MOTION to dismiss for lack of jurisdiction and for failure to state a claim 20 ; MOTION to dismiss for lack of jurisdiction and for failure to state a claim 17 filed by John Dorn (Palazzolo, Kyle) Modified text on 7/7/2015 (clp). (Entered: 07/06/2015)

July 6, 2015 RECAP
23

REPLY to response to motion 20, 17 filed by Thomas Finco, Daniel H. Heyns, Michigan Department of Corrections, Haresh Pandya, Bill Schuette, Jeffrey Stieve (Schneider, Clifton) (Entered: 07/22/2015)

July 22, 2015 RECAP
24

(DISREGARD) CERTIFICATE OF SERVICE (Schneider, Clifton) Modified text on 7/22/2015; docketed in wrong case per ECF Help Desk call (bd). (Entered: 07/22/2015)

July 22, 2015 PACER
25

OPINION; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

June 6, 2017 RECAP
26

Order on Motion to Dismiss/Lack of Jurisdiction

June 6, 2017 PACER
27

Answer to Amended Complaint

June 29, 2017 PACER
28

Motion to Withdraw as Attorney

July 6, 2017 PACER
29

Order on Motion to Withdraw as Attorney

July 6, 2017 PACER
30

Order Setting Rule 16 Scheduling Conference

July 11, 2017 PACER
31

Joint Status Report (Rule 16)

Aug. 14, 2017 PACER
32

Scheduling Conference - Rule 16

Aug. 17, 2017 PACER
33

Case Management Order

Aug. 21, 2017 PACER
34

Motion for Reconsideration

Aug. 31, 2017 PACER
35

Brief in Support of a Motion

Aug. 31, 2017 PACER
36

Disclosure Statement

Sept. 18, 2017 PACER
37

Certificate of Service

Sept. 18, 2017 PACER
38

Certificate of Service

Sept. 18, 2017 PACER

Attorney Appearance

Oct. 13, 2017 PACER

Attorney Appearance

Oct. 17, 2017 PACER
39

Certificate of Service

Nov. 3, 2017 PACER
40

Certificate of Service

Dec. 6, 2017 PACER
41

Certificate of Service

Dec. 15, 2017 PACER
42

Motion for Extension of Time

1 Brief in Support

View on PACER

2 Proposed Order

View on PACER

3 Certificate of Service

View on PACER

Dec. 18, 2017 PACER
43

Certificate Regarding Motion Concurrence

Dec. 18, 2017 PACER
44

Case Management Order

Dec. 29, 2017 PACER
45

Certificate of Service

Feb. 22, 2018 PACER
46

Certificate of Service

Feb. 23, 2018 PACER
47

Certificate of Service

Feb. 26, 2018 PACER

Attorney Appearance

Feb. 28, 2018 PACER
48

Attorney Substitution

Feb. 28, 2018 PACER
49

Proposed Order

March 19, 2018 PACER
50

Stipulation

March 26, 2018 PACER
51

Protective Order

March 27, 2018 PACER
52

Order

March 27, 2018 PACER
53

Case Management Order

April 4, 2018 PACER
54

Response in Opposition

April 17, 2018 PACER
55

Order on Motion for Reconsideration

April 24, 2018 PACER
56

Answer to Complaint

May 8, 2018 PACER
57

Answer to Amended Complaint

May 18, 2018 PACER
58

Proof of Service

May 24, 2018 PACER
59

Amended Answer to Complaint

May 29, 2018 PACER
60

Amended Answer to Complaint

May 29, 2018 PACER
61

Proof of Service

May 30, 2018 PACER
62

Proof of Service

May 30, 2018 PACER
63

Certificate of Service

May 31, 2018 PACER
64

Certificate of Service

May 31, 2018 PACER
65

Proof of Service

June 1, 2018 PACER
66

Proof of Service

June 6, 2018 PACER
67

Proof of Service

June 7, 2018 PACER
68

Proof of Service

June 8, 2018 PACER

Attorney Appearance

June 19, 2018 PACER
69

Proof of Service

June 19, 2018 PACER
70

Proof of Service

June 19, 2018 PACER
71

Proof of Service

June 19, 2018 PACER
72

Motion for Extension of Time to Complete Discovery

June 29, 2018 PACER
73

Stipulation and Order

July 3, 2018 PACER

Attorney Appearance

July 18, 2018 PACER
74

Proof of Service

July 18, 2018 PACER
75

Certificate of Service

July 18, 2018 PACER
76

Proof of Service

July 26, 2018 PACER

Attorney Appearance

Aug. 3, 2018 PACER
77

Proof of Service

Aug. 3, 2018 PACER
78

Notice Rescheduling Hearing

Aug. 15, 2018 PACER
79

Notice Rescheduling Hearing

Aug. 23, 2018 PACER
80

Stipulation

Sept. 11, 2018 PACER
81

Stipulation and Order

Sept. 17, 2018 PACER
82

Settlement Conference

Oct. 1, 2018 PACER
83

Order Regarding Dismissal Papers

Oct. 11, 2018 PACER
84

Stipulation and Order (Proposed-one document)

Oct. 23, 2018 PACER
85

Motion for Extension of Time

Oct. 25, 2018 PACER
86

Order on Motion for Extension of Time

Oct. 31, 2018 PACER
87

Stipulation and Order (Proposed-one document)

Nov. 1, 2018 PACER
88

Settlement

1 Attachment A

View on PACER

Nov. 6, 2018 PACER
89

Stipulation of Dismissal

Nov. 14, 2018 PACER

State / Territory: Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Solitary confinement

Key Dates

Filing Date: April 2, 2015

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An HIV positive prisoner

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 150,000

Content of Injunction:

Discrimination Prohibition

Reporting

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Law library access

Prison Rape Elimination Act

Solitary confinement/Supermax (conditions or process)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

HIV/AIDS

Type of Facility:

Government-run