Case: Hatcher v. Genesee County

5:18-cv-11986 | U.S. District Court for the Eastern District of Michigan

Filed Date: June 25, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 25, 2018, detainees in the Genesee County Jail in the City of Flint who bathed in and consumed lead-contaminated water filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs, represented by private counsel, sued Genesee County under 42 U.S.C. § 1983 and sought compensatory and punitive damages along with attorney’s fees. The plaintiffs claimed that the failure to provide safe drinking water and the delay in providing safe drinking water consti…

On June 25, 2018, detainees in the Genesee County Jail in the City of Flint who bathed in and consumed lead-contaminated water filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. The plaintiffs, represented by private counsel, sued Genesee County under 42 U.S.C. § 1983 and sought compensatory and punitive damages along with attorney’s fees. The plaintiffs claimed that the failure to provide safe drinking water and the delay in providing safe drinking water constituted cruel and unusual punishment and violated the Fourth, Eighth, and Fourteenth Amendments.

Specifically, the plaintiffs claimed that the defendants knew the Jail’s water was contaminated, yet forced the plaintiffs to continue drinking it. They claimed that the defendants prohibited the plaintiffs from accepting deliveries of bottled water, failed to ensure that adequate bottled water was given to the plaintiffs, withheld bottles of water from the plaintiffs forcing them to continue drinking contaminated water, restricted plaintiffs to less than the minimum required amount of water per day, and withheld water as punishment. For more information about a similar suit involving the Genesee County Jail that sought injunctive relief, please see Long v. Pickell.

On October 18, 2018, the defendants responded to the complaint. They contended that a) the plaintiffs could not have been exposed to lead because the water service lines to Genesee County Jail are not made of lead, b) as soon as they became aware of the possibility that the water in the Genesee County Jail could have been contaminated with lead they tested the water sources, and c) they provided adequate bottled water as soon as they became aware of the publicity surrounding the water supply while they waited for the water to be tested.

However, on August 14, 2020 after close to two years of discovery, the parties stipulated to the dismissal without prejudice of this case, with the provisions that the statute of limitations for the case's claims would be tolled for 120 days after the dismissal and that this case's discovery would be usable if the plaintiffs were to refile their case. The case is now closed.

Summary Authors

Elisabeth Ng (10/10/2019)

Nora Baty (11/5/2019)

Jonah Hudson-Erdman (4/14/2021)

Related Cases

Long et al v. Pickell, Eastern District of Michigan (2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7271073/parties/hatcher-v-genessee-county/


Judge(s)

Levy, Judith Ellen (Michigan)

O'Meara, John Corbett (Michigan)

Attorneys(s) for Plaintiff

Asaka, Anson (Maryland)

Benedetto, Conrad J. (Pennsylvania)

Bern, Marc J. (New York)

Berry, Bradford (Maryland)

Bhatia, Vineet (Texas)

Cobbs, Robert (District of Columbia)

Connors, Jordon W. (Washington)

Craine, Khyla Danielle (Maryland)

Judge(s)

Levy, Judith Ellen (Michigan)

O'Meara, John Corbett (Michigan)

Attorneys(s) for Plaintiff

Asaka, Anson (Maryland)

Benedetto, Conrad J. (Pennsylvania)

Bern, Marc J. (New York)

Berry, Bradford (Maryland)

Bhatia, Vineet (Texas)

Cobbs, Robert (District of Columbia)

Connors, Jordon W. (Washington)

Craine, Khyla Danielle (Maryland)

Hoek, Kathryn P. (California)

Leopold, Theodore J. (Florida)

Levens, Emmy L. (District of Columbia)

Monroe, Stephen Frederick (Illinois)

Morrissey, Stephen E. (Washington)

Pierson, Kit A. (District of Columbia)

Radner, Solomon M. (Michigan)

Raymond, Shawn (Texas)

Sellers, Joseph Marc (District of Columbia)

Sharp, Ryan Steven (New York)

Shea, David J. (Michigan)

Attorneys(s) for Defendant

Barbieri, Charles E. (Michigan)

Berger, Jay M. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Bush, Cheryl A. (Michigan)

Campbell, James M. (Massachusetts)

Clare, Christopher B. (District of Columbia)

Driker, Eugene (Michigan)

Edmunds, Michael W. (Michigan)

Egan, Dennis K. (Michigan)

Erickson, Phillip (Michigan)

Gildner, Michael J. (Michigan)

Gilliam, Courtney B. (Michigan)

Grashoff, Philip A. Jr. (Michigan)

Grunert, John A.K. (Massachusetts)

Jackson, Krista A. (Michigan)

Kamenec, Robert G. (Michigan)

Kent, David C. (Texas)

Kim, William Young (Michigan)

Kuhl, Richard S. (Michigan)

Larsen, Zachary C. (Michigan)

Mendel, Todd R. (Michigan)

Morgan, Thaddeus E. (Michigan)

Pattwell, Michael J. (Michigan)

Perry, Michael H. (Michigan)

Williams, Michael R. (Michigan)

Witus, Morley (Michigan)

Documents in the Clearinghouse

Document

5:18-cv-11986

Docket [PACER]

Hatcher v. Genessee County

Feb. 25, 2021

Feb. 25, 2021

Docket
1

5:18-cv-11986

Complaint

Hatcher v. Genessee County

June 25, 2018

June 25, 2018

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7271073/hatcher-v-genessee-county/

Last updated Aug. 5, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Justin Obryan, Shanice Bailey, Eric Morris-Lester, James Gorrell, Brian Brochu, Christal McCaa, Aaron Ambs, Christina Pantoja, James Brown, Deonte James, Jordan Shealey, Clarissa Walton, Richard Lawrence, Rebecca Gagnon, Arron Warson, Jordan Tarrence, Deidra Myers, Erin Middleton, Cody Arwood, Mary Kelly, Maegan Dawson, Douglas Long, Jeanette Chapman, Donta Breed, Utesha Taylor, Avanell Jackson, A'Shiaya Arkwright, Tarence Marshall, Dajuan Munerlyn, Feronda Smith, Cortez Turner, Michael Clack, Rory Dixon, Maurice Rice, Stacy Longrie, Travis Lane, Samantha Rupp, Nickolas Morrison, Simon Greenlick, Jacrisha Johnson, Carrie Venable, Brett Anderson, II, D'Mondre Wright, Erik Gaither, Kentay Coles, Clee Cooper, Randall Detamore, Erica Wright, Bradley Sharp, Mercedes Barajas, Tre-Quan Marshall, Jeffrey Jones, Donald Scott, Sanika Williams, Senecca Harden, Janaric Harper, De'Angelo Lansdown, Imani Hatcher, Steven Hebel, Dustin Dady, Derrick Walton, Jr, Diana Lynn Buffey, Devin Smith, Jeremy Tyree, Norah Howell Ann, Rayna Miller McKay, Thermon Atkins, Christina Stevens-Ivory, Keivon Powell, Laura Hayward, Jennie Hayward, Alicia Mitchell, Samuel Burch, Won Jewel Snell, Leshawn Sanders, Michael Sweet, Darin Smith, Michael Love, Joseph Murphy, Christopher Adams, Genetha Taylor, Elvin Coleman, Jennara Wise, Bridgett Mancour, Chalita Crump, Lajuane Grigsby, Larry Brown, De'Quan Hughes, Stefan Felton, Kelvin Cobb, Gary Hill, Derrick Reed, II against Genessee County, Jason Gould, Robert Pickell with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6789677 - Fee: $ 400. County of 1st Plaintiff: Genessee - County Where Action Arose: Genessee - County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): None] (Radner, Solomon) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

RECAP
2

SUMMONS Issued for *Jason Gould* (DWor) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
3

SUMMONS Issued for *Robert Pickell* (DWor) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
4

SUMMONS Issued for *Genessee County* (DWor) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
5

ATTORNEY APPEARANCE: Conrad J. Benedetto appearing on behalf of All Plaintiffs (Benedetto, Conrad) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
6

ORDER REASSIGNING CASE from District Judge Paul D. Borman in Detroit to District Judge Judith E. Levy in Ann Arbor. Signed by District Judge Denise Page Hood. (NAhm) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
7

ORDER to Show Cause Why This Case Should not be Dismissed for Failure to Prosecute. Show Cause Response due by 10/12/2018. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
8

CERTIFICATE of Service/Summons Returned Executed. Robert Pickell served on 9/20/2018, answer due 10/11/2018. (Radner, Solomon) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
9

CERTIFICATE of Service/Summons Returned Executed. Jason Gould served on 9/20/2018, answer due 10/11/2018. (Radner, Solomon) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
10

RESPONSE TO ORDER TO SHOW CAUSE by All Plaintiffs. (Radner, Solomon) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
11

CERTIFICATE of Service/Summons Returned Executed. Genessee County served on 9/20/2018, answer due 10/11/2018. (Radner, Solomon) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
12

Order Vacating 7 Order to Show Cause. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
13

ORDER to Show Cause. Show Cause Response due by 10/23/2018. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
14

NOTICE of Appearance by Michael W. Edmunds on behalf of All Defendants. (Edmunds, Michael) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
15

ANSWER to Complaint with Affirmative Defenses with Jury Demand (Reliance On) by All Defendants. (Edmunds, Michael) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER
16

Order Vacating 13 Order to Show Cause. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/22/2018)

Oct. 22, 2018

Oct. 22, 2018

PACER
17

NOTICE TO APPEAR: Scheduling Conference set for 1/7/2019 at 10:00 AM before District Judge Judith E. Levy. (SBur) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
18

AMENDED NOTICE TO APPEAR: Scheduling Conference set for 1/7/2019 at 10:00 AM before District Judge Judith E. Levy. (SBur) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
19

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Radner, Solomon) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER

Set Deadlines/Hearings: Scheduling Conference reset for 1/24/2019 at 10:30 AM before District Judge Judith E. Levy. (SBur)

Dec. 28, 2018

Dec. 28, 2018

PACER

Set Deadlines/Hearings: Scheduling Conference reset for 3/6/2019 at 11:00 AM before District Judge Judith E. Levy. (SBur)

Jan. 17, 2019

Jan. 17, 2019

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Scheduling Conference held on 3/6/2019. (SBur)

March 6, 2019

March 6, 2019

PACER
20

SCHEDULING ORDER: Discovery due by 9/6/2019 and Dispositive Motion Cut-off set for 10/7/2019. Signed by District Judge Judith E. Levy. (Refer to image for additional dates) (SBur) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
21

ATTORNEY APPEARANCE: Stephen Frederick Monroe appearing on behalf of All Plaintiffs (Monroe, Stephen) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
22

MOTION TO EXTEND Discovery Cutoff of September 6, 2019 by All Plaintiffs. (Attachments: # 1 Exhibit) (Monroe, Stephen) (Entered: 09/04/2019)

1 Exhibit

View on PACER

Sept. 4, 2019

Sept. 4, 2019

PACER

~Util - Terminate Motions

Sept. 5, 2019

Sept. 5, 2019

PACER

Text-Only Order

Sept. 5, 2019

Sept. 5, 2019

PACER

TEXT-ONLY ORDER Granting 22 MOTION TO EXTEND Discovery Cutoff. Signed by District Judge Judith E. Levy. (SBur)

Sept. 5, 2019

Sept. 5, 2019

PACER
23

AMENDED SCHEDULING ORDER: Discovery due by 11/6/2019 and Dispositive Motion Cut-off set for 12/6/2019. Signed by District Judge Judith E. Levy. (Refer to image for additional dates) (SBur) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
24

ATTORNEY APPEARANCE: Stephen Frederick Monroe appearing on behalf of All Plaintiffs (Monroe, Stephen) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
25

MOTION Resetting of Discovery Cutoff and Continuance of Dispositive Motion Cutoff by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4) (Monroe, Stephen) (Entered: 12/05/2019)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

3 Exhibit Exhibit 3

View on PACER

4 Exhibit Exhibit 4

View on PACER

Dec. 5, 2019

Dec. 5, 2019

PACER
26

STIPULATED ORDER Extending Dates; Discovery on Issues Related to Liability to be completed by 2/18/2020, Dispositive Motion Cut-off set for 3/19/2020, Signed by District Judge Judith E. Levy. (WBar) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
27

MOTION TO EXTEND Discovery Cutoff of February 18, 2020 re 26 Stipulation and Order, Set Scheduling Order Deadlines Jointly by all Defendants and by All Plaintiffs. (Monroe, Stephen) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
28

STIPULATION AND ORDER Regarding 27 MOTION TO EXTEND Deadlines; Discovery due by 4/17/2020, Dispositive Motion Cut-off set for 5/22/2020) Signed by District Judge Judith E. Levy. (WBar) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER
29

MOTION Extension of April 17, 2020 Discovery Cut-Off re 28 Stipulation and Order, Set Scheduling Order Deadlines by All Plaintiffs. (Monroe, Stephen) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
30

RESPONSE to 29 MOTION Extension of April 17, 2020 Discovery Cut-Off re 28 Stipulation and Order, Set Scheduling Order Deadlines filed by All Defendants. (Edmunds, Michael) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
31

Notice of Determination of Motion Without Oral Argument re 29 MOTION Extension of April 17, 2020 Discovery Cut-Off (WBar) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

~Util - Set Scheduling Order Deadlines

April 16, 2020

April 16, 2020

PACER

Text-Only Order

April 16, 2020

April 16, 2020

PACER

TEXT-ONLY ORDER Granting 29 MOTION for Extension; Discovery due by 6/17/2020, Dispositive Motion Cut-off set for 7/22/2020, Signed by District Judge Judith E. Levy. (WBar)

April 16, 2020

April 16, 2020

PACER
32

MOTION to Withdraw as Plaintiffs' Counsel by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Monroe, Stephen) (Entered: 05/20/2020)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

May 20, 2020

May 20, 2020

PACER
33

NOTICE OF HEARING BY VIDEO CONFERENCE on 32 MOTION to Withdraw as Plaintiffs' Counsel . Motion Hearing set for 6/10/2020 02:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/98678145629?pwd=dUlTbnFwMlVpRWlzTUFzOEpyNVZSZz09 Password: 737110 Or iPhone one-tap : US: +12532158782,,98678145629#,,1#,737110# or +13017158592,,98678145629#,,1#,737110#| (WBar) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
36

RESPONSE to 32 MOTION to Withdraw as Plaintiffs' Counsel filed by Brian Brochu. (TTho) (Entered: 06/23/2020)

June 9, 2020

June 9, 2020

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Video Motion Hearing held on 6/10/2020 re 32 MOTION to Withdraw as Plaintiffs' Counsel; Disposition: Motion taken under advisement (Court Reporter: Darlene May) (WBar)

June 10, 2020

June 10, 2020

PACER
34

ORDER REGARDING 32 MOTION to Withdraw as Plaintiffs' Counsel. Signed by District Judge Judith E. Levy. (WBar) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
35

NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference set for 7/29/2020 10:00 AM before District Judge Judith E. Levy (WBar) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Video Status Conference held on 7/29/2020 (Court Reporter: Darlene May) (WBar)

July 29, 2020

July 29, 2020

PACER
37

NOTICE by All Plaintiffs re 32 MOTION to Withdraw as Plaintiffs' Counsel regarding Contact Efforts by Counsel (Monroe, Stephen) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
38

ORDER denying without prejudice 32 Motion to Withdraw. Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
39

STATEMENT of facts by Brian Brochu (DPer) (Entered: 08/11/2020)

July 29, 2020

July 29, 2020

PACER
40

STIPULATED ORDER DISMISSING CASE without prejudice and Tolling of Statute of Limitations, Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

RECAP
41

MOTION Requesting this Court to Exercise Ancillary Jurisdiction by Brian Brochu. (SSch) (Entered: 10/19/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
43

MOTION to order counsel's continuation in representing plaintiff or settle the request settlement in the civil brochure by Brian Brochu. (DPer) (Entered: 12/10/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
42

ORDER denying 41 Motion for ancillary jurisdiction. Signed by District Judge Judith E. Levy. (WBar) (Entered: 11/16/2020)

Nov. 16, 2020

Nov. 16, 2020

RECAP

TEXT-ONLY CERTIFICATE OF SERVICE re 42 Order on Brian Brochu Pris. No. 945717 at CHIPPEWA CORRECTIONAL FACILITY 4269 W. M-80, KINCHELOE, MI 49784. (WBar)

Nov. 16, 2020

Nov. 16, 2020

PACER
44

RESPONSE to 43 MOTION filed by All Defendants. (Edmunds, Michael) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
46

OPPOSITION to 42 Order on Motion for Ancillary Jurisdiction by Brian Brochu. (SSch) [No Envolope; Recieved date used] (Entered: 12/22/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
45

ORDER denying 43 Motion to Order Counsel's Representation and for Settlement. Signed by District Judge Judith E. Levy. (WBar) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

RECAP
47

MOTION to proceed with trial or settle case by Brian Brochu. (DPer) (Entered: 02/10/2021)

Dec. 21, 2020

Dec. 21, 2020

PACER
48

RESPONSE to 47 MOTION filed by All Defendants. (Edmunds, Michael) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
49

MEMORANDUM by Brian Brochu (DPer) (Entered: 03/09/2021)

Feb. 25, 2021

Feb. 25, 2021

PACER
50

ORDER denying 47 Motion to proceed with trial. Signed by District Judge Judith E. Levy. (WBar)

May 6, 2021

May 6, 2021

RECAP

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Flint Water Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: June 25, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Detainees in the Genesee County Jail in the City of Flint who bathed in and consumed lead contaminated water

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Genesee County (Flint, Genesee), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Bathing and hygiene

Conditions of confinement

Food service / nutrition / hydration

Government Services

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Totality of conditions

Type of Facility:

Government-run