Case: Doe v. Anderson

2:15-cv-13852 | U.S. District Court for the Eastern District of Michigan

Filed Date: Nov. 2, 2015

Clearinghouse coding complete

Case Summary

The plaintiffs in this class action are 12 inmates in the Michigan Department of Corrections who were incarcerated in adult jails and prisons when they were younger than 18. Each of the plaintiffs participated in litigation against the MDOC in cases in Washtenaw Circuit Court, Case No. 13-1196-CZ and in Federal Court in the Eastern District of Michigan, Case No. 13-14356. These cases can be found in the Clearinghouse--they are PC-MI-0039 (state) and PC-MI-0033 (federal). In those cases, they al…

The plaintiffs in this class action are 12 inmates in the Michigan Department of Corrections who were incarcerated in adult jails and prisons when they were younger than 18. Each of the plaintiffs participated in litigation against the MDOC in cases in Washtenaw Circuit Court, Case No. 13-1196-CZ and in Federal Court in the Eastern District of Michigan, Case No. 13-14356. These cases can be found in the Clearinghouse--they are PC-MI-0039 (state) and PC-MI-0033 (federal). In those cases, they alleged that the policy and practice of placing juveniles in adult prisons without taking adequate steps to protect them from known harm constituted deliberate indifference to their safety in violation of rights guaranteed by the Fourth Amendment, Eighth Amendment, Fourteenth Amendment, and various international treaties. The cases settled (on February 28, 2020) for $80 million and injunctive relief.

In this case, filed in the U.S. District Court for the Eastern District of Michigan on Nov. 2, 2015, the complaint alleged that because the plaintiffs participated in the initial two cases they were subjected to retaliation from prison staff and administration, in violation of the First Amendment of the U.S. Constitution. The plaintiffs are represented by the same group of private counsel who are litigating the other cases; it has been assigned to Judge Arthur J. Tarnow.

The allegations in more detail are that, after filing the earlier two lawsuits against the MDOC, each of the plaintiffs here faced repercussions for engaging in protected activity at the hands of prison staff and administration. This retaliatory action included verbal harassment, disclosure of their identities despite a court order not to disclose the plaintiffs' identities, and verbal threats. The plaintiffs also alleged that the defendants target them with ongoing unwarranted disciplinary action including solitary confinement and harsher terms of confinement. The complaint alleged that defendants also refused to allow plaintiffs confidential communication with their attorneys, read confidential legal material aloud in front of staff and inmates, and impermissibly questioned the plaintiffs about their case.

The plaintiffs were seeking damages and injunctive relief, as well as a court order for the MDOC to revise its policy and procedure for reporting and reviewing staff misconduct. The court made several decisions in plaintiffs' favor: first, on Mar 4, 2016, it declined to sever (2016 WL 852808); then, on Jun 13, 2016, it denied defendants' motion for protective order to stay discovery (2016 WL 3230679), then, on Mar 31, 2017 it denied summary judgment (2017 WL 1209102); then, on Oct 18, 2017 it granted in part the plaintiffs' motion for reconsideration (2017 WL 4682291); then, on Nov 1, 2017, it granted several of the plaintiffs' motions to compel (2017 WL 4941467); and finally, on Nov 3, 2017, it denied defendants' motion for reconsideration (2017 WL 5080516).

While defendants' second motion for summary judgment was pending, the parties reached a private settlement agreement, on June 15, 2018. Under the agreement, plaintiffs dismissed their case. Defendants paid $350,000, and agreed to review all prior disciplinary charges to ensure none were retaliatory.

Summary Authors

Alex Moody (2/17/2020)

Related Cases

Does v. Michigan Department of Corrections, Eastern District of Michigan (2013)

Does v. Michigan Department of Corrections, Michigan state trial court (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5448931/parties/doe-v-anderson/


Judge(s)

Majzoub, Mona K. (Michigan)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Addis, Anlyn (Michigan)

Chaney, Nakisha N. (Michigan)

Labelle, Deborah A. (Michigan)

McGehee, Cary S. (Michigan)

Pitt, Michael L. (Michigan)

Prescott, Sarah (Michigan)

Rivers, Beth M. (Michigan)

Salvatore, Jennifer B. (Michigan)

Judge(s)

Majzoub, Mona K. (Michigan)

Tarnow, Arthur J. (Michigan)

Attorneys(s) for Plaintiff

Addis, Anlyn (Michigan)

Chaney, Nakisha N. (Michigan)

Labelle, Deborah A. (Michigan)

McGehee, Cary S. (Michigan)

Pitt, Michael L. (Michigan)

Prescott, Sarah (Michigan)

Rivers, Beth M. (Michigan)

Salvatore, Jennifer B. (Michigan)

Soble, Richard (Michigan)

Attorneys(s) for Defendant

Dean, Michael R. (Michigan)

Donnelly, Mark E. (Michigan)

Fracassi, Adam L.S. (Michigan)

Grossi, Christina M. (Michigan)

Meingast, Heather S. (Michigan)

Murphy, Michael F (Michigan)

Nelson, Margaret A. (Michigan)

O'Dowd, Kevin J. (Michigan)

Powe, Douglas G. (Michigan)

Van den Bergh, Tracy E. (Michigan)

Documents in the Clearinghouse

Document

2:15-cv-13852

Docket [PACER]

June 13, 2019

June 13, 2019

Docket
26

2:15-cv-13852

Order Denying Defendants' Motion to Sever, to Change Venue, and to Reassign Case

2016 WL 852808

March 4, 2012

March 4, 2012

Order/Opinion
1

2:15-cv-13852

Complaint

Nov. 2, 2015

Nov. 2, 2015

Complaint
54

2:15-cv-13852

Order Denying Defendants' Corrected Motion for Protective Order to Stay Discovery; Denying as Moot Defendants' Motion for Protective Order

2016 WL 3230679

June 13, 2016

June 13, 2016

Order/Opinion
84

2:15-cv-13852

Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment

2017 WL 1209102

March 31, 2017

March 31, 2017

Order/Opinion
130

2:15-cv-13852

Corrected Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment

2017 WL 4682291

Oct. 18, 2017

Oct. 18, 2017

Order/Opinion
134

2:15-cv-13852

Opinion and Order

2017 WL 4941467

Nov. 1, 2017

Nov. 1, 2017

Order/Opinion
136

2:15-cv-13852

Order Denying Defendants' Motion for Reconsideration/Rehearing and/or to Alter or Amend Judgment

2017 WL 5080516

Nov. 3, 2017

Nov. 3, 2017

Order/Opinion
141

2:15-cv-13852

Third Amended Complaint

Jan. 3, 2018

Jan. 3, 2018

Complaint

2:15-cv-13852

Settlement Agreement and Release

June 20, 2018

June 20, 2018

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5448931/doe-v-anderson/

Last updated June 9, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
26

ORDER denying 16 Motion to Sever, to Change Venue, and to Reassign Case. Signed by District Judge Arthur J. Tarnow. (MLan)

March 4, 2016

March 4, 2016

RECAP
54

ORDER denying as moot 45 Motion for Protective Order; denying 47 Motion for Protective Order. Signed by District Judge Arthur J. Tarnow. (MLan)

June 13, 2016

June 13, 2016

RECAP
84

ORDER granting in part and denying in part 29 Motion for Summary Judgment. Signed by District Judge Arthur J. Tarnow. (CPic)

March 31, 2017

March 31, 2017

RECAP
126

ORDER granting in part and denying in part 71 Motion to Enforce Stipulation to Modify Deposition Procedure and denying 72 Motion to Modify Stipulated Protective Order - Signed by Magistrate Judge Mona K. Majzoub. (LBar)

Sept. 20, 2017

Sept. 20, 2017

RECAP
130

ORDER granting 100 MOTION to Correct 84 Order on 29 Motion for Summary Judgment filed by defendants. Signed by District Judge Arthur J. Tarnow. (MLan)

Oct. 18, 2017

Oct. 18, 2017

RECAP
131

ORDER granting 91 Motion for Reconsideration. Signed by District Judge Arthur J. Tarnow. (MLan)

Oct. 18, 2017

Oct. 18, 2017

RECAP
134

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL 82 , GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL 88 , GRANTING DEFENDANTS' MOTION TO COMPEL 101 , GRANTING PLAINTIFFS' MOTION TO COMPEL 102 , AND DENYING PLAINTIFFS' MOTION TO ENFORCE SUBPOENA 103 - Signed by Magistrate Judge Mona K. Majzoub. (LHos)

Nov. 1, 2017

Nov. 1, 2017

RECAP
136

ORDER denying 135 Motion for Reconsideration. Signed by District Judge Arthur J. Tarnow. (MLan)

Nov. 3, 2017

Nov. 3, 2017

RECAP
158

Notice - Other

May 17, 2018

May 17, 2018

PACER
159

Notice - Other

June 15, 2018

June 15, 2018

PACER
160

Dismissing Case - Stipulated Order

July 11, 2018

July 11, 2018

PACER
161

Appear*

Dec. 7, 2018

Dec. 7, 2018

PACER
162

Order

June 13, 2019

June 13, 2019

PACER
163

Appearance

June 13, 2019

June 13, 2019

PACER
164

Stipulation and Order

March 16, 2020

March 16, 2020

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 2, 2015

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

12 people incarcerated by the Michigan Department of Corrections who had been sentenced to adult facilities when they were younger than 18 and who had participated in class action lawsuits regarding treatment and protection of children in adult prisons in Michigan.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Department of Corrections (Lansing , Ingham), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Access to lawyers or judicial system

Disciplinary procedures

Juveniles

Youth / Adult separation

Type of Facility:

Government-run