Case: Bailey v. Michigan Department of Corrections

2:19-cv-13442 | U.S. District Court for the Eastern District of Michigan

Filed Date: Nov. 20, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 20, 2019, three women incarcerated at the Women’s Huron Valley Correctional Facility (WHV) filed a putative class action challenging the prison’s failure to address widespread mold and inadequate ventilation. The plaintiffs brought this lawsuit in the U.S. District Court for the Eastern District of Michigan against the Michigan Department of Corrections (MDOC) and several prison officials. Represented by counsel from Marko Law, PLLC, Nichols Kaster, PLLP, Pitt McGehee Palmer & Rivers, P.C., Law Offices of David S. Steingold, PLLC, and Excolo Law, PLLC, the plaintiffs alleged that the defendants violated their rights under the Eighth Amendment by knowingly exposing incarcerated individuals to conditions that threatened their health and safety. They brought their claims under 42 U.S.C. § 1983 along with claims of gross negligence under Michigan state law. The plaintiffs sought class certification, declaratory and injunctive relief requiring improvements to the prison’s conditions, compensatory and punitive damages, and attorneys’ fees and costs. The case was initially assigned to District Judge Denise P. Hood and later reassigned to District Judge Victoria A. Roberts.

According to the complaint, WHV had experienced problems with mold for years, particularly in housing units, bathrooms, showers, and ventilation systems. The plaintiffs attributed these conditions to leaking roofs, damaged ceilings, inoperable windows, and outdated heating and ventilation systems that allowed moisture to accumulate throughout the facility. They stated that mold grew on walls and ceilings, circulated through air vents, and contributed to respiratory infections, coughing, wheezing, skin rashes, and other medical problems, with particularly serious effects for women with preexisting respiratory illnesses, who are especially vulnerable to prolonged exposure. The plaintiffs alleged that prison officials had been aware of the mold and ventilation problems for years but had not taken adequate steps to address these issues. They claimed that women incarcerated at WHV submitted grievances, reported their symptoms, and requested repairs, but officials either ignored their complaints or made superficial improvements. The plaintiffs argued that the defendants’ failure to address the conditions, despite knowing the risks to incarcerated women’s health, constituted deliberate indifference thereby violating the Eighth Amendment’s prohibition against cruel and unusual punishment.

The litigation initially centered on two questions: (1) whether the plaintiffs had adequately described each defendant’s involvement in the alleged violations and (2) whether they had followed the prison’s grievance procedures before filing suit. Under the Prison Litigation Reform Act (PLRA), incarcerated people must exhaust the administrative remedies available to them before bringing federal lawsuits addressing prison conditions. On August 24, 2020, District Judge Victoria A. Roberts denied the defendants’ motion for summary judgment on this issue, finding that there were factual disputes over whether the plaintiffs had satisfied this requirement.

The following month, however, Judge Roberts granted the defendants’ motion to dismiss on different grounds. The court dismissed MDOC with prejudice because the Eleventh Amendment protects state agencies from being sued for damages in federal court. Judge Roberts found that the complaint described the defendants’ misconduct collectively without adequately explaining what each official had personally done or failed to do. As such, the court dismissed the claims against the individual officials without prejudice. On September 25, 2020, the plaintiffs filed an amended complaint and on March 31, 2021, Judge Roberts granted their request to reopen the case.

On August 25, 2023, Judge Roberts granted the defendants’ motion for judgment on the pleadings but allowed the plaintiffs to amend their complaint again. The plaintiffs filed a second amended complaint on September 15, 2023, with more specific allegations addressing each official’s knowledge of the mold and ventilation problems and their failure to address them. Later that month, following Judge Roberts’ retirement, the case was reassigned to District Judge Stephen J. Murphy III.

On June 26, 2024, Judge Murphy denied the defendants’ renewed motion for summary judgment based on the plaintiffs’ alleged failure to exhaust administrative remedies. The court subsequently held an evidentiary hearing to determine whether the plaintiffs had complied with the prison’s grievance procedures. On March 12, 2025, Magistrate Judge Elizabeth A. Stafford recommended rejecting the defendants’ exhaustion defense because they had not established that the plaintiffs failed to pursue the remedies available to them. Judge Murphy adopted the recommendation on May 29, 2025.

On June 24, 2025, Judge Murphy denied the defendants’ request for qualified immunity from the Eighth Amendment claims. The court found that the plaintiffs had sufficiently alleged that the officials knew about the dangerous conditions at WHV and failed to address them. Judge Murphy also allowed Michigan negligence claims against the officials individually to proceed, finding that the allegations could satisfy the gross negligence standard necessary to overcome governmental immunity. The court dismissed the state law claims against the officials in their official capacities.

On July 7, 2025, fourteen defendants appealed the immunity ruling to the U.S. Court of Appeals for the Sixth Circuit. They argued that the complaint did not establish their individual responsibility for the alleged constitutional violations and they were, therefore, entitled to immunity. On September 8, 2025, Judge Murphy stayed discovery and administratively closed the case pending the appeal.

On October 15, 2026, the Sixth Circuit affirmed in part and reversed in part on the district court’s immunity ruling. The court found that the plaintiffs had sufficiently alleged that prolonged exposure to mold and inadequate ventilation posed a substantial risk to their health. The court also concluded that the complaint adequately described how nine officials, including the MDOC director, prison wardens, deputy wardens, and physical plant personnel (maintenance supervisors), knew about the dangerous conditions and failed to address them. The court held that those officials were not entitled to qualified immunity because the Eighth Amendment’s prohibition against knowingly disregarding serious risks to incarcerated people’s health was clearly established.

The Sixth Circuit granted qualified immunity to five other officials because the complaint did not sufficiently allege their individual knowledge or disregard for the conditions at WHV. The court also held that those five officials were protected from the Michigan negligence claims, while allowing the state law claims against eight others to proceed, finding that the ninth official, MDOC director, was entitled to broader governmental immunity under state law. The case was remanded to the district court for further proceedings.

The case is ongoing.

Summary Authors

Meghana Kopparthi (11/9/2026)

Chandler Hart-McGonigle (2/7/2020)

Grayson Metzger (4/29/2024)

Ben Hefter (9/11/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16495575/parties/bailey-v-michigan-department-of-corrections/

Judge(s)

Attorney for Plaintiff

Bailey, Rebekah L (Michigan)

Baker, Samantha M. (Michigan)

Attorney for Defendant

Alber, Jeffrey D. (Michigan)

Barkman, Cori E. (Michigan)

Expert/Monitor/Master/Other

Brown, Bryan J. (Michigan)

Judge(s)

Murphy, Stephen J. (Michigan)

Attorney for Plaintiff

Bailey, Rebekah L (Michigan)

Baker, Samantha M. (Michigan)

Chanin, Grace (Michigan)

Johnson, Melanie April (Michigan)

Khan, Shiraz K. (Michigan)

Kresch, Ari (Michigan)

Lord, Jennifer L. (Michigan)

Marko, Jonathan R (Michigan)

McGehee, Cary S. (Michigan)

Morgan, Matthew H (Michigan)

O'Meara, Charles (Michigan)

Radner, Solomon M. (Michigan)

Rivers, Beth M. (Michigan)

Robinson-Holmes, Channing E (Michigan)

Schladt, Nicole Jean (Michigan)

Steingold, David S (Michigan)

Attorney for Defendant

Alber, Jeffrey D. (Michigan)

Barkman, Cori E. (Michigan)

Clark, Keith (Michigan)

Dean, Michael R. (Michigan)

Foster, Jennifer A (Michigan)

Giovanatti, Neil Anthony (Michigan)

Mertens, Scott A. (Michigan)

Predhomme, William J. (Michigan)

Sadowski, Adam P. (Michigan)

Smith, Joshua S. (Michigan)

Southerland, Kristin M. (Michigan)

Sparks, Kristie Ann (Michigan)

Thurber, John L. (Michigan)

Trudgeon, Sara Elizabeth (Michigan)

Zurek, Zachary Austin (Michigan)

Other

Brown, Bryan J. (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:19-cv-13442	Docket	Feb. 6, 2020	Feb. 6, 2020 Docket
1 2:19-cv-13442	Plaintiffs' Class Action Complaint	Nov. 20, 2019	Nov. 20, 2019 Complaint
69 2:19-cv-13442	Order Denying Defendants' Motion for Summary Judgment [ECF No. 56]	Aug. 24, 2020	Aug. 24, 2020 Order/Opinion 2020 WL 4934314
71 2:19-cv-13442	Order Granting MDOC Defendants' Motion to Dismiss [ECF No.54]	Sept. 4, 2020	Sept. 4, 2020 Order/Opinion 2020 WL 5291958
73 2:19-cv-13442	Plaintiffs' Amended Class Action Complaint Bailey v. Washington	Sept. 25, 2020	Sept. 25, 2020 Complaint
84 2:19-cv-13442	Order: [1] Granting Plaintiffs' Motion for Order Granting Leave to Reopen Case to File Amended Complaint and [2] Denying Defendants' Motion to Strike	March 31, 2021	March 31, 2021 Order/Opinion 2021 WL 1212480
94 2:19-cv-13442	Stipulated Order Clarifying Claims Bailey v. Washington	April 26, 2021	April 26, 2021 Order/Opinion
160 2:19-cv-13442	Order: (1) Granting Defendants' Motion for Judgment on the Pleadings [ECF No. 152]; (2) Dismissing the Amended Complaint; And (3) Allowing Plaintiffs to File a Second Amended Complaint Bailey v. Washington	Aug. 25, 2023	Aug. 25, 2023 Order/Opinion
161 2:19-cv-13442	Plaintiffs' Second Amended Class Action Complaint Bailey v. Washington	Sept. 15, 2023	Sept. 15, 2023 Complaint
191 2:19-cv-13442	Order Denying Motion for Summary Judgment [177] and Denying as Moot Motion to Stay [178]	June 26, 2024	June 26, 2024 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16495575/bailey-v-michigan-department-of-corrections/

Last updated Nov. 5, 2026, 1:36 a.m.

Docket for: Bailey v. Michigan Department of Corrections

ECF Number	Date	Description	Link
1	Nov. 20, 2019	COMPLAINT filed by Hope Zentz, Krystal Clark, Paula Bailey against Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Toni Moore, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-7495725 - Fee: $ 400. County of 1st Plaintiff: Washtenaw - County Where Action Arose: Washtenaw - County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (Bailey, Rebekah) (Additional attachment(s) added on 11/21/2019: # 1 Document Continuation Civil Cover Sheet) (AFla). (Entered: 11/20/2019) 1 Document Continuation Civil Cover Sheet View on PACER	Clearinghouse
2	Nov. 21, 2019	SUMMONS Issued for * All Defendants * (AFla) (Entered: 11/21/2019)	Clearinghouse
3	Nov. 21, 2019	ORDER Referring Pretrial Matters to Magistrate Judge Elizabeth A. Stafford. Signed by District Judge Denise Page Hood. (LSau) (Entered: 11/21/2019)	RECAP
4	Nov. 21, 2019	ORDER RESCINDING ORDER OF REFERENCE 3 Order Referring Pretrial Matters to Magistrate Judge. Signed by District Judge Denise Page Hood. (LSau) (Entered: 11/21/2019)	RECAP
5	Nov. 26, 2019	NOTICE of Appearance by Channing E. Robinson-Holmes on behalf of All Plaintiffs. (Robinson-Holmes, Channing) (Entered: 11/26/2019)	RECAP
6	Nov. 26, 2019	NOTICE of Appearance by Cary S. McGehee on behalf of All Plaintiffs. (McGehee, Cary) (Entered: 11/26/2019)	RECAP
7	Dec. 9, 2019	NOTICE of Appearance by Nicole Jean Schladt on behalf of All Plaintiffs. (Schladt, Nicole) (Entered: 12/09/2019)	RECAP
8	Dec. 9, 2019	NOTICE of Appearance by Matthew H. Morgan on behalf of All Plaintiffs. (Morgan, Matthew) (Entered: 12/09/2019)	RECAP
9	Dec. 16, 2019	NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 12/16/2019)	RECAP
10	Dec. 19, 2019	NOTICE by Paula Bailey, Krystal Clark, Hope Zentz of Related Case (Bailey, Rebekah) (Entered: 12/19/2019)	RECAP
11	Dec. 27, 2019	NOTICE of Appearance by David S. Steingold on behalf of All Plaintiffs. (Steingold, David) (Entered: 12/27/2019)	RECAP
12	Jan. 7, 2020	NOTICE of Appearance by Jonathan R. Marko on behalf of All Plaintiffs. (Marko, Jonathan) (Entered: 01/07/2020)	RECAP
13	Jan. 8, 2020	NOTICE of Appearance by John L. Thurber on behalf of Lia Gulick, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Lloyd Rapelje, Heidi Washington. (Thurber, John) (Entered: 01/08/2020)	RECAP
14	Jan. 8, 2020	NOTICE of Appearance by Scott A. Mertens on behalf of Lia Gulick, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Lloyd Rapelje, Heidi Washington. (Mertens, Scott) (Entered: 01/08/2020)	RECAP
15	Jan. 8, 2020	NOTICE of Appearance by Neil Anthony Giovanatti on behalf of Lia Gulick, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Lloyd Rapelje, Heidi Washington. (Giovanatti, Neil) (Entered: 01/08/2020)	RECAP
16	Jan. 8, 2020	NOTICE of Appearance by Michael R. Dean on behalf of Lia Gulick, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Lloyd Rapelje, Heidi Washington. (Dean, Michael) (Entered: 01/08/2020)	RECAP
17	Jan. 8, 2020	NOTICE of Appearance by Jennifer A. Foster on behalf of Lia Gulick, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Lloyd Rapelje, Heidi Washington. (Foster, Jennifer) (Entered: 01/08/2020)	RECAP
18	Jan. 8, 2020	NOTICE of Appearance by Cori E. Barkman on behalf of Lia Gulick, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Lloyd Rapelje, Heidi Washington. (Barkman, Cori) (Entered: 01/08/2020)	RECAP
19	Jan. 21, 2020	NOTICE of Appearance by Michael R. Dean on behalf of Karri Ousterhout, Joseph Treppa. (Dean, Michael) (Entered: 01/21/2020)	RECAP
20	Jan. 21, 2020	NOTICE of Appearance by John L. Thurber on behalf of Karri Ousterhout, Joseph Treppa. (Thurber, John) (Entered: 01/21/2020)	RECAP
21	Jan. 21, 2020	NOTICE of Appearance by Scott A. Mertens on behalf of Karri Ousterhout, Joseph Treppa. (Mertens, Scott) (Entered: 01/21/2020)	RECAP
22	Jan. 21, 2020	NOTICE of Appearance by Neil Anthony Giovanatti on behalf of Karri Ousterhout, Joseph Treppa. (Giovanatti, Neil) (Entered: 01/21/2020)	RECAP
23	Jan. 21, 2020	NOTICE of Appearance by Jennifer A. Foster on behalf of Karri Ousterhout, Joseph Treppa. (Foster, Jennifer) (Entered: 01/21/2020)	RECAP
24	Jan. 27, 2020	NOTICE of Appearance by Solomon M. Radner on behalf of All Plaintiffs. (Radner, Solomon) (Entered: 01/27/2020)	RECAP
25	Feb. 6, 2020	ORDER REASSIGNING CASE from District Judge Denise Page Hood to District Judge Victoria A. Roberts. (NAhm) (Entered: 02/06/2020)	RECAP
	Feb. 6, 2020	Set Deadlines/Hearings
	Feb. 6, 2020	Set Deadlines/Hearings: TELEPHONIC Status Conference set for 2/10/2020 at 4:00 PM before District Judge Victoria A. Roberts. The Court will circulate a call-in number. (LVer)
	Feb. 10, 2020	Minute Entry for proceedings before District Judge Victoria A. Roberts: Telephonic Status Conference held on 2/10/2020. (Court Reporter: Janice Coleman) (LVer)
	Feb. 10, 2020	Status Conference
26	Feb. 11, 2020	WAIVER OF SERVICE Returned Executed. Shawn Brewer waiver sent on 1/17/2020, answer due 3/17/2020. (Mertens, Scott) (Entered: 02/11/2020)	RECAP
27	Feb. 11, 2020	WAIVER OF SERVICE Returned Executed. Richard Bullard waiver sent on 1/17/2020, answer due 3/17/2020. (Mertens, Scott) (Entered: 02/11/2020)	RECAP
28	Feb. 11, 2020	WAIVER OF SERVICE Returned Executed. Dan Carter waiver sent on 1/17/2020, answer due 3/17/2020. (Mertens, Scott) (Entered: 02/11/2020)	RECAP
29	Feb. 12, 2020	ATTORNEY APPEARANCE: Scott A. Mertens appearing on behalf of Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington and Certificate of Service (Mertens, Scott) (Entered: 02/12/2020)	RECAP
30	Feb. 12, 2020	ORDER: (1) Permitting An Amended Complaint; (2) Setting Deadline for Responsive Pleadings; and (3) Regarding Other Case Management Issues. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 02/12/2020)	RECAP
31	Feb. 12, 2020	ATTORNEY APPEARANCE: John L. Thurber appearing on behalf of Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington and Certificate of Service (Thurber, John) (Entered: 02/12/2020)	RECAP
32	Feb. 18, 2020	CERTIFICATE of Service/Summons Returned Executed. Michigan Department of Corrections served on 12/16/2019, answer due 1/6/2020. (Bailey, Rebekah) (Entered: 02/18/2020)	RECAP
33	Feb. 18, 2020	CERTIFICATE of Service/Summons Returned Executed. Heidi Washington served on 12/20/2019, answer due 1/10/2020. (Bailey, Rebekah) (Entered: 02/18/2020)	RECAP
34	Feb. 18, 2020	CERTIFICATE of Service/Summons Returned Executed. Russell Marlan served on 12/20/2019, answer due 1/10/2020. (Bailey, Rebekah) (Entered: 02/18/2020)	RECAP
35	Feb. 18, 2020	CERTIFICATE of Service/Summons Returned Executed. Kenneth McKee served on 12/28/2019, answer due 1/21/2020. (Bailey, Rebekah) (Entered: 02/18/2020)	RECAP
36	Feb. 18, 2020	CERTIFICATE of Service/Summons Returned Executed. Lloyd Rapelje served on 12/20/2019, answer due 1/10/2020. (Bailey, Rebekah) (Entered: 02/18/2020)	RECAP
37	Feb. 18, 2020	CERTIFICATE of Service/Summons Returned Executed. Lia Gulick served on 1/2/2020, answer due 1/23/2020. (Bailey, Rebekah) (Entered: 02/18/2020)	RECAP
38	Feb. 18, 2020	CERTIFICATE of Service/Summons Returned Executed. Karri Ousterhout served on 12/22/2019, answer due 1/13/2020. (Bailey, Rebekah) (Entered: 02/18/2020)	RECAP
39	Feb. 18, 2020	CERTIFICATE of Service/Summons Returned Executed. Joseph Treppa served on 12/28/2019, answer due 1/21/2020. (Bailey, Rebekah) (Entered: 02/18/2020)	RECAP
40	Feb. 20, 2020	NOTICE of Appearance by Samantha M. Baker on behalf of All Plaintiffs. (Baker, Samantha) (Entered: 02/20/2020)	RECAP
41	March 20, 2020	ORDER for substitution of counsel. Signed by District Judge Victoria A. Roberts. (DPer) (Entered: 03/20/2020)	RECAP
42	April 16, 2020	WAIVER OF SERVICE Returned Executed. David Johnson waiver sent on 1/17/2020, answer due 3/17/2020. (Mertens, Scott) (Entered: 04/16/2020)	RECAP
43	April 16, 2020	ATTORNEY APPEARANCE: Scott A. Mertens appearing on behalf of Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington and Certificate of Service (Mertens, Scott) (Entered: 04/16/2020)	RECAP
44	April 16, 2020	ATTORNEY APPEARANCE: Michael R. Dean appearing on behalf of Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington and certificate of service (Dean, Michael) (Entered: 04/16/2020)	RECAP
45	April 16, 2020	ATTORNEY APPEARANCE: Cori E. Barkman appearing on behalf of Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington and certificate of service (Barkman, Cori) (Entered: 04/16/2020)	RECAP
46	April 16, 2020	ATTORNEY APPEARANCE: Jennifer A. Foster appearing on behalf of Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington and certificate of service (Foster, Jennifer) (Entered: 04/16/2020)	RECAP
47	April 16, 2020	ATTORNEY APPEARANCE: Kristin M. Heyse appearing on behalf of Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington and certificate of service (Heyse, Kristin) (Entered: 04/16/2020)	RECAP
48	April 16, 2020	ATTORNEY APPEARANCE: Kristie Ann Sparks appearing on behalf of Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington and certificate of service (Sparks, Kristie) (Entered: 04/16/2020)	RECAP
49	April 16, 2020	ATTORNEY APPEARANCE: John L. Thurber appearing on behalf of Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington and certificate of service (Thurber, John) (Entered: 04/16/2020)	RECAP
50	April 20, 2020	AFFIRMATIVE DEFENSES by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington (Mertens, Scott) (Entered: 04/20/2020)	RECAP
51	April 20, 2020	MOTION for Leave to File Excess Pages and Certificate of Service by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Mertens, Scott) (Entered: 04/20/2020)	RECAP
52	April 20, 2020	MOTION to Dismiss PLAINTIFFS CLASS ACTION COMPLAINT (R. 1), Brief in Support & Certificate of Service by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Attachments: # 1 Exhibit A: Thomas v. Schroer, No. 2-13-cv-02987, 2014 WL 11514858 (W.D. Tenn. Sept. 10, 2014), # 2 Exhibit B: Bentley v. Allen, No. 1:15-cv-313, 2015 WL 3626715, at *2-3 (W.D. Mich. June 10, 2015)) (Mertens, Scott) (Entered: 04/20/2020)	RECAP
53	April 20, 2020	Summary Judgment	RECAP
	April 21, 2020	~Util - Terminate Motions
	April 21, 2020	Text-Only Order
	April 21, 2020	TEXT-ONLY ORDER Granting 51 MOTION for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (LVer)
54	April 24, 2020	MOTION to Dismiss corrected and brief to only correct the page numbering in their brief with Certificate of Service by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Attachments: # 1 Exhibit A: Thomas v. Schroer, No. 2-13-cv-02987, 2014 WL 11514858 (W.D. Tenn. Sept. 10, 2014), # 2 Exhibit B: Bentley v. Allen, No. 1:15-cv-313, 2015 WL 3626715, at *2-3 (W.D. Mich. June 10, 2015)) (Mertens, Scott) (Entered: 04/24/2020)	RECAP
55	April 28, 2020	ORDER Striking 53 MOTION for Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 04/28/2020)	RECAP
56	May 1, 2020	MOTION for Summary Judgment with corrected brief in support to contain a statement of material facts and certificate of service by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Ex. 1, MDOC P.D. 03.02.130, eff. 03/18/2019, # 3 Exhibit Ex. 2, Bailey Step III Grievance Report and Grievances, # 4 Exhibit Ex. 3, Burnett v. Howard, No. 2:09-cv-37, 2010 WL 1286256, at *1 (W.D. Mich. Mar. 30, 2010), # 5 Exhibit Ex. 4, Clark Step III Grievance Report and Grievances, # 6 Exhibit Ex. 5, Zentz Step III Grievance Report and Grievances) (Thurber, John) (Entered: 05/01/2020)	RECAP
57	May 10, 2020	STIPULATED ORDER to Extend Plaintiffs' Deadline to Respond to Dispositive Motions. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 05/10/2020)	RECAP
58	May 29, 2020	ATTORNEY APPEARANCE: Zachary Austin Zurek appearing on behalf of Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington as Co-Counsel with Certificate of Service (Zurek, Zachary) (Entered: 05/29/2020)	RECAP
59	June 10, 2020	MOTION for Leave to File Excess Pages by Paula Bailey, Krystal Clark, Hope Zentz. (Bailey, Rebekah) (Entered: 06/10/2020)	RECAP
60	June 10, 2020	MOTION for Miscellaneous Relief Regarding Evidence in Support of Opposition to Defendants' Motion for Summary Judgment by Paula Bailey, Krystal Clark, Hope Zentz. (Bailey, Rebekah) (Entered: 06/10/2020)	RECAP
61	June 10, 2020	RESPONSE to 54 MOTION to Dismiss corrected and brief to only correct the page numbering in their brief with Certificate of Service filed by Paula Bailey, Krystal Clark, Hope Zentz. (Bailey, Rebekah) (Entered: 06/10/2020)	RECAP
62	June 10, 2020	RESPONSE to 56 MOTION for Summary Judgment with corrected brief in support to contain a statement of material facts and certificate of service filed by Paula Bailey, Krystal Clark, Hope Zentz. (Attachments: # 1 Index of Exhibits, # 2 Declaration of P. Bailey, # 3 Declaration of K. Clark, # 4 Declaration of H Zentz, # 5 Exhibit A - WHV-18-04-1116-03D) (Bailey, Rebekah) (Entered: 06/10/2020)	RECAP
63	June 16, 2020	ORDER Granting 59 Motion for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 06/16/2020)	RECAP
64	June 16, 2020	ORDER Granting 60 Motion for Miscellaneous Relief Regarding Evidence In Support of Opposition to Defendants' Motion for Summary Judgment.. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 06/16/2020)	RECAP
65	June 26, 2020	STIPULATED ORDER to Extend Time for MDOC Defendants to Reply to Plaintiff's Response to Defendants' Motion to Dismiss and Brief In Support And To Plaintiff's Response to Defendants' Motion for Summary Judgment and Brief In Support. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 06/26/2020)	RECAP
66	July 8, 2020	REPLY to Response re 56 MOTION for Summary Judgment with corrected brief in support to contain a statement of material facts and certificate of service filed by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 6 - Belser v Woods, # 3 Exhibit 7 - Utley v Campbell, # 4 Exhibit 8 - Colton v Scutt) (Mertens, Scott) (Entered: 07/08/2020)	RECAP
67	July 8, 2020	REPLY to Response re 54 MOTION to Dismiss corrected and brief to only correct the page numbering in their brief with Certificate of Service filed by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit C - Murphy v Grenier, # 3 Exhibit D - Pelichet v Gordon) (Mertens, Scott) (Entered: 07/08/2020)	RECAP
68	Aug. 7, 2020	DECLARATION by Bailey - Executed re 62 Response to Motion, filed by Paula Bailey, Krystal Clark, Hope Zentz (Attachments: # 1 Declaration of Clark - Executed, # 2 Declaration of Zentz - Executed) (Bailey, Rebekah) (Entered: 08/07/2020)	RECAP
69	Aug. 24, 2020	ORDER Denying 56 Defendants' Motion for Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 08/24/2020)	Clearinghouse
	Aug. 24, 2020	Set Deadlines/Hearings
	Aug. 24, 2020	Set Deadlines/Hearings: TELEPHONIC Status Conference set for 9/8/2020 at 11:00 AM before District Judge Victoria A. Roberts. The Court will circulate a call-in number. (LVer)
70	Sept. 4, 2020	MOTION for Evidentiary Hearing, Bench Trial and Request for Reconsideration Alternatively with Brief in Support by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Mertens, Scott) (Entered: 09/04/2020)	RECAP
71	Sept. 4, 2020	ORDER Granting 54 MDOC Defendants' Motion to Dismiss. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 09/04/2020)	Clearinghouse
	Sept. 4, 2020	Text-Only Order
	Sept. 4, 2020	TEXT-ONLY ORDER: Status Conference on 9/8/2020 is CANCELLED. Signed by District Judge Victoria A. Roberts. (LVer)
	Sept. 4, 2020	Terminate Deadlines and Hearings AND Text-Only Order
72	Sept. 16, 2020	ORDER Moot 70 Motion for Evidentiary Hearing. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 09/16/2020)	RECAP
73	Sept. 25, 2020	AMENDED COMPLAINT with Jury Demand filed by Hope Zentz, Krystal Clark, Paula Bailey against Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Kenneth McKee, Toni Moore, Karri Ousterhout, Joseph Treppa, Heidi Washington, Ed Vallard, Jeremy Bush, Jeremy Howard. NEW PARTIES ADDED. (Robinson-Holmes, Channing) (Entered: 09/25/2020)	Clearinghouse
	Sept. 25, 2020	Request for Additional Summons
	Sept. 25, 2020	REQUEST for SUMMONS for Jeremy Bush, Jeremy Howard, Ed Vallard. (Robinson-Holmes, Channing)
74	Sept. 28, 2020	SUMMONS Issued for Jeremy Bush, Jeremy Howard, Ed Vallard (LGra) (Entered: 09/28/2020)	RECAP
75	Sept. 30, 2020	For Order	RECAP
76	Oct. 5, 2020	ORDER striking 75 Motion for Nunc Pro Tunc Order Granting Leave to Reopen Case to File an Amended Consolidated Master Class Complaint. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 10/05/2020)	RECAP
77	Oct. 8, 2020	MOTION for Order PLAINTIFFS CORRECTED MOTION FOR NUNC PRO TUNC ORDER GRANTING LEAVE TO REOPEN CASE TO FILE AN AMENDED CLASS ACTION COMPLAINT by All Plaintiffs. (Rivers, Beth) (Entered: 10/08/2020)	RECAP
78	Oct. 8, 2020	MOTION to Strike 73 Amended Complaint, Brief in Support & Certificate of Service by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, Watkins v. Columbus City Schs, No. 2:19-cv-394, 2020 U.S. Dist. LEXIS 47119, 20 (S.D. Ohio Mar. 18, 2020), # 3 Exhibit B, Russell v. Bell, No. 6:13-cv-966, 2016 U.S. Dist. LEXIS 26885, at 7 (E.D. Tex. Mar. 3, 2016), # 4 Exhibit C, Jones v. Google LLC, No. 20-3072, 2020 U.S. Dist. LEXIS 66884, at 1 (D. Kan. April 16, 2020), # 5 Exhibit D, Gillard v. U.S. Dist. Court, No. 16-10750, 2016 U.S. Dist. LEXIS 62891, at 2 (D. Mass. May 12, 2016), # 6 Exhibit E, Roehl v. Waggoner, No. 09-0179, 2010 U.S. Dist. LEXIS 161690, at * 5 (D.N.M. Jan. 17, 2010)) (Thurber, John) (Entered: 10/08/2020)	RECAP
79	Oct. 8, 2020	NOTICE of Change of Address/Contact Information by Rebekah L. Bailey on behalf of Paula Bailey, Krystal Clark, Hope Zentz. (Bailey, Rebekah) (Entered: 10/08/2020)	RECAP
80	Oct. 16, 2020	RESPONSE to 77 MOTION for Order PLAINTIFFS CORRECTED MOTION FOR NUNC PRO TUNC ORDER GRANTING LEAVE TO REOPEN CASE TO FILE AN AMENDED CLASS ACTION COMPLAINT with Certificate of Service filed by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Thurber, John) (Entered: 10/16/2020)	RECAP
81	Oct. 22, 2020	RESPONSE to 78 MOTION to Strike 73 Amended Complaint, Brief in Support & Certificate of Service filed by Paula Bailey, Krystal Clark, Hope Zentz. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - August v Michigan DOC, # 3 Exhibit 2 - Bear v Delaware Cty, # 4 Exhibit 3 - Broyles v Corr Med Servs, # 5 Exhibit 4 - Miller v City of Detroit, # 6 Exhibit 5 - Pelichet v Gordon, # 7 Exhibit 6 - Sazerac Co v Hood River, # 8 Exhibit 7 - Spizizen v Natl City Corp, # 9 Exhibit 8 - U.S. ex rel Allison v Southwest Ortho, # 10 Exhibit 9 - Watkins v Columbus City Sch) (Schladt, Nicole) (Entered: 10/22/2020)	RECAP
82	Oct. 23, 2020	REPLY to Response re 77 MOTION for Order PLAINTIFFS CORRECTED MOTION FOR NUNC PRO TUNC ORDER GRANTING LEAVE TO REOPEN CASE TO FILE AN AMENDED CLASS ACTION COMPLAINT filed by All Plaintiffs. (Rivers, Beth) (Entered: 10/23/2020)	RECAP
83	Oct. 29, 2020	REPLY to Response re 78 MOTION to Strike 73 Amended Complaint, Brief in Support & Certificate of Service with a Certificate of Service filed by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Thurber, John) (Entered: 10/29/2020)	RECAP
84	March 31, 2021	ORDER: 1 Granting 77 Plaintiffs' Motion for Order Granting Leave to Reopen Case and File Amended Complaint and 2 Denying 78 Defendants' Motion to Strike. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 03/31/2021)	Clearinghouse
85	March 31, 2021	MOTION for Withdrawal of Attorney with Brief in support and a certificate of service Kristie A. Sparks (P79177) by Shawn Brewer, Richard Bullard, Dan Carter, Lia Gulick, David Johnson, Russell Marlan, Kenneth McKee, Michigan Department of Corrections, Karri Ousterhout, Lloyd Rapelje, Joseph Treppa, Heidi Washington. (Mertens, Scott) (Entered: 03/31/2021)	RECAP
	April 4, 2021	TEXT-ONLY ORDER Granting 85 MOTION for Withdrawal of Attorney Kristie A. Sparks. Signed by District Judge Victoria A. Roberts. (LVer)

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Case Details

State / Territory:

Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 20, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class action sought on behalf of all detainees and inmates of Huron Valley Correctional Facility who have been incarcerated since 2016.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State

Michigan Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Eastern District of Michigan 2:19-cv-13442

U.S. Court of Appeals for the Sixth Circuit 25-01608

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

General/Misc.:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Skin Infections

Recommended Citation

Case Summary of Bailey v. Michigan Department of Corrections, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/17326/ (last updated 9/11/2025).