Case: In re Donna Elaine Anderson

15-02380 | Michigan state trial court

Filed Date: July 9, 2015

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On July 9, 2015, an individual sentenced to prison due to inability to pay a fine filed this lawsuit in Michigan Circuit Court for the County of Macomb. The plaintiff, represented by the Michigan ACLU filed the complaint requesting the court take superintending control over the 38th District Court, and order a district court to refrain from imposing “pay or stay” sentences on indigent defendants who do not have the ability to pay. The plaintiff claimed that this was the only adequate remedy, be…

On July 9, 2015, an individual sentenced to prison due to inability to pay a fine filed this lawsuit in Michigan Circuit Court for the County of Macomb. The plaintiff, represented by the Michigan ACLU filed the complaint requesting the court take superintending control over the 38th District Court, and order a district court to refrain from imposing “pay or stay” sentences on indigent defendants who do not have the ability to pay. The plaintiff claimed that this was the only adequate remedy, because individual appeals on a case-by-case basis would be too time consuming and burdensome to adequately address the problem. Further, filing an immediate appeal would not keep the defendant out of jail.

On March 8, 2016, Judge James M. Macaroni entered a stipulation and order of superintending control over the 38th District Court. The injunction, lasting a term of two years, states that the District Court can’t sentence nor revoke probation for failure to comply with an order to pay money unless the defendant is able to pay. The order states that alternatives to payment can be used, like a payment plan, or waiver of some amount of the money owed to the extent it is permitted by law. Additionally, the order altered all sentences imposed on the defendant in pending cases before the court so that they complied with this order.

Summary Authors

Edward Cullen (1/30/2019)

People


Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Korobkin, Daniel S. (Michigan)

Nelson, Sofia V (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Korobkin, Daniel S. (Michigan)

Nelson, Sofia V (Michigan)

Steinberg, Michael J. (Michigan)

Documents in the Clearinghouse

Document

15-02380

Docket

March 8, 2016

March 8, 2016

Docket

15-02380

Brief in Support of Complaint for Superintending Control

In re Anderson

July 9, 2015

July 9, 2015

Pleading / Motion / Brief

15-02380

Complaint for Superintending Control

In re Anderson

July 9, 2015

July 9, 2015

Complaint

15-02380

Stipulation and Order of Superintending Control

In re Anderson

March 8, 2016

March 8, 2016

Order/Opinion

Resources

Docket

Last updated July 27, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Michigan

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: July 9, 2015

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual sentenced to prison due to inability to pay a fine.

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

City of Eastpointe (Eastpointe, Macomb), City

38th District Court of Michigan (Eastpointe, Macomb), None

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2016 - 2018

Issues

General:

Courts

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Poverty/homelessness