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 v. Pickell, Eastern District of Michigan (2016)

People

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


Judge(s)
Attorney for Plaintiff

Asaka, Anson (Maryland)

Benedetto, Conrad J. (Pennsylvania)

Bern, Marc J. (New York)

Attorney for Defendant

Barbieri, Charles E. (Michigan)

Berger, Jay M. (Michigan)

Documents in the Clearinghouse

Documents in this case

5:18-cv-11986

Civil Docket for Case #: 5:18-cv-11986-JEL-EAS

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

Docket

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

Last updated March 22, 2025, 11:06 a.m.

ECF Number Date Description Link
1 June 25, 2018

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)

RECAP
2 June 25, 2018

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

RECAP
3 June 25, 2018

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

RECAP
4 June 25, 2018

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

RECAP
5 June 26, 2018

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

RECAP
6 Aug. 3, 2018

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)

RECAP
7 Oct. 1, 2018

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)

RECAP
8 Oct. 3, 2018

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

RECAP
9 Oct. 3, 2018

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

RECAP
10 Oct. 3, 2018

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

RECAP
11 Oct. 3, 2018

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

RECAP
12 Oct. 3, 2018

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

RECAP
13 Oct. 16, 2018

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

RECAP
14 Oct. 17, 2018

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

RECAP
15 Oct. 18, 2018

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

RECAP
16 Oct. 22, 2018

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

RECAP
17 Dec. 6, 2018

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)

RECAP
18 Dec. 6, 2018

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)

RECAP
19 Dec. 19, 2018

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

RECAP
Dec. 28, 2018

Set Deadlines/Hearings: Scheduling Conference reset for 1/24/2019 at 10:30 AM before District Judge Judith E. Levy. (SBur) (Entered: 12/28/2018)

PACER
Dec. 28, 2018

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

Jan. 17, 2019

Set Deadlines/Hearings: Scheduling Conference reset for 3/6/2019 at 11:00 AM before District Judge Judith E. Levy. (SBur) (Entered: 01/17/2019)

PACER
Jan. 17, 2019

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

March 6, 2019

Minute Entry for proceedings before District Judge Judith E. Levy: Scheduling Conference held on 3/6/2019. (SBur) (Entered: 03/06/2019)

PACER
20 March 6, 2019

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)

RECAP
March 6, 2019

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

21 May 23, 2019

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

RECAP
22 Sept. 4, 2019

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

RECAP
Sept. 5, 2019

TEXT−ONLY ORDER Granting 22 MOTION TO EXTEND Discovery Cutoff. Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/05/2019)

PACER
23 Sept. 5, 2019

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)

RECAP
Sept. 5, 2019

Text-Only Order

Sept. 5, 2019

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

Sept. 5, 2019

~Util - Terminate Motions

24 Sept. 6, 2019

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

RECAP
25 Dec. 5, 2019

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

RECAP
26 Dec. 20, 2019

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)

RECAP
27 Feb. 18, 2020

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)

RECAP
28 Feb. 19, 2020

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)

RECAP
29 April 10, 2020

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)

RECAP
30 April 14, 2020

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)

RECAP
31 April 14, 2020

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

RECAP
April 16, 2020

~Util - Set Scheduling Order Deadlines

April 16, 2020

Text-Only Order

April 16, 2020

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)

32 May 20, 2020

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

RECAP
33 June 5, 2020

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)

RECAP
36 June 9, 2020

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

RECAP
June 10, 2020

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)

34 June 11, 2020

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

RECAP
35 June 11, 2020

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)

RECAP
37 July 29, 2020

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

RECAP
38 July 29, 2020

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

RECAP
39 July 29, 2020

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

RECAP
July 29, 2020

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

40 Aug. 14, 2020

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

RECAP
41 Sept. 24, 2020

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

RECAP
43 Nov. 9, 2020

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)

RECAP
42 Nov. 16, 2020

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

RECAP
Nov. 16, 2020

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)

44 Dec. 11, 2020

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

RECAP
46 Dec. 14, 2020

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

RECAP
45 Dec. 15, 2020

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

RECAP
47 Dec. 21, 2020

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

RECAP
48 Feb. 11, 2021

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

RECAP
49 Feb. 25, 2021

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

RECAP
50 May 6, 2021

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

RECAP
May 6, 2021

TEXT-ONLY CERTIFICATE OF SERVICE re 50 Order on Brian Brochu Pris. No. 945717 at Brian Brochu CHIPPEWA CORRECTIONAL FACILITY 4269 W. M-80, KINCHELOE, MI 49784. (WBar)

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

County

Genesee County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

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

Other Dockets:

Eastern District of Michigan 5:18-cv-11986

Eastern District of Michigan 5:16-cv-11173

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

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

Recommended Citation