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, women incarcerated at Huron Valley Correctional Facility for Women filed this class-action lawsuit alleging that the prison violated the constitutional rights of the women. The plaintiffs sued the Michigan Department of Corrections in the U.S. District Court for the Eastern District of Michigan under 42 U.S.C. § 1983 for violations of the Eighth and Fourteenth Amendments and under state law for negligence. The plaintiffs, represented by five law firms, sought monetary dama…

On November 20, 2019, women incarcerated at Huron Valley Correctional Facility for Women filed this class-action lawsuit alleging that the prison violated the constitutional rights of the women. The plaintiffs sued the Michigan Department of Corrections in the U.S. District Court for the Eastern District of Michigan under 42 U.S.C. § 1983 for violations of the Eighth and Fourteenth Amendments and under state law for negligence. The plaintiffs, represented by five law firms, sought monetary damages, declaratory and injunctive relief, and class certification. In a 50 page complaint, the plaintiffs alleged that the prison created dangerous living conditions because it was underfunded, understaffed, poorly administered, and intentionally overcrowded. They also alleged that the prison facilities had deteriorated, resulting in a humid environment and dangerous varieties of mold. The plaintiffs claimed that exposure to the toxic mold has caused their physical and mental health to suffer through injuries such as respiratory infections and asthma. Despite continued pleas from the plaintiffs, the plaintiffs claimed that the defendants failed to remedy the conditions. The case was assigned to District Judge Victoria A. Roberts.

Defendants filed a motion for summary judgment alleging plaintiffs failed to exhaust available grievance procedures, as required under the Prison Litigation Reform Act before prisoners can litigate prison conditions claims. On August 24, 2020, the court found that genuine questions of fact existed surrounding the plaintiffs’ utilization of the grievance process, and denied the motion. 2020 WL 4934314. 

The court granted defendants’ motion to dismiss on September 4, 2020, finding that the Michigan Department of Corrections was entitled to Eleventh Amendment sovereign immunity. 2020 WL 5291958. The court found that the individual MDOC employees were still amenable to suit but dismissed the claims against them without prejudice because plaintiffs had failed to connect individual employees to specific failures that led to harm prohibited by the Eighth Amendment. Plaintiffs were permitted to reopen the case and file an amended complaint putting these individual defendants on notice of the allegations against them. 

Plaintiffs filed the amended complaint on September 25, 2020 without first seeking leave to reopen the case. When defendants pointed out the mistake, plaintiffs filed a motion to correct the error. Defendants opposed the motion. On March 31, 2021, the court found that the defendants had not been prejudiced by the procedural error and permitted plaintiffs to file the amended complaint. 2021 WL 1212480. This complaint included specific factual allegations against the Michigan Department of Corrections’ director, deputy directors, physical plant division administrator, and state administrative manager. It also brought claims against wardens and physical plant supervisors of Huron Valley Correctional Facility for Women (“WHV”). 

For two years the parties engaged in discovery, which was stayed for a period of time for a failed attempt at mediation. 

On August 25, 2023, the court granted the defendants’ motion for judgment on the pleadings and dismissed the amended complaint, finding that: 1) the defendants were entitled to qualified immunity on the Eighth Amendment claim because plaintiffs failed to establish a constitutionally protected right to be free from exposure to mold that poses a health risk; and 2) Michigan does not have a gross negligence cause of action. 2023 WL 5511181. However, the court granted plaintiffs’ leave to file a second amended complaint to allege ordinary negligence and that the inadequate ventilation in the prison violates the Eighth Amendment. 

Plaintiffs’ filed their Second Amended Class Action Complaint on September 15, 2023 on behalf of a class of “all detainees and inmates of WHV who were incarcerated at WHV since November 20, 2016.” They alleged that the poor ventilation and defendants’ failure to maintain the HVAC system, plumbing, and roof have created an environmental hazard that poses a continuing threat to the health of the women at WHV, in violation of the Eighth Amendment. Plaintiffs also alleged that the conduct constituted ordinary negligence. 

The case was reassigned to Judge Stephen J. Murphy, III in September 2023. 

On March 1, 2024, defendants filed a motion for summary judgment based on exhaustion, along with a request to stay discovery pending resolution of the motion. 

As of April 2024, this case is ongoing. 

 

Summary Authors

Chandler Hart-McGonigle (2/7/2020)

Grayson Metzger (4/29/2024)

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 (Minnesota)

Baker, Samantha M. (Michigan)

Attorney for Defendant

Barkman, Cori E. (Michigan)

Clark, Keith (Michigan)

Dean, Michael R. (Michigan)

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Documents in the Clearinghouse

Document

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 2020

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 2020

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

Docket

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

Last updated April 29, 2024, 9:48 a.m.

ECF Number Description Date Link Date / Link
1

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)

Nov. 20, 2019

Nov. 20, 2019

Clearinghouse
2

SUMMONS Issued for * All Defendants * (AFla) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
3

ORDER Referring Pretrial Matters to Magistrate Judge Elizabeth A. Stafford. Signed by District Judge Denise Page Hood. (LSau) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
4

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)

Nov. 21, 2019

Nov. 21, 2019

PACER
5

NOTICE of Appearance by Channing E. Robinson-Holmes on behalf of All Plaintiffs. (Robinson-Holmes, Channing) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
6

NOTICE of Appearance by Cary S. McGehee on behalf of All Plaintiffs. (McGehee, Cary) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
7

NOTICE of Appearance by Nicole Jean Schladt on behalf of All Plaintiffs. (Schladt, Nicole) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
8

NOTICE of Appearance by Matthew H. Morgan on behalf of All Plaintiffs. (Morgan, Matthew) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
9

NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
10

NOTICE by Paula Bailey, Krystal Clark, Hope Zentz of Related Case (Bailey, Rebekah) (Entered: 12/19/2019)

Dec. 19, 2019

Dec. 19, 2019

PACER
11

NOTICE of Appearance by David S. Steingold on behalf of All Plaintiffs. (Steingold, David) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

PACER
12

NOTICE of Appearance by Jonathan R. Marko on behalf of All Plaintiffs. (Marko, Jonathan) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
13

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)

Jan. 8, 2020

Jan. 8, 2020

PACER
14

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)

Jan. 8, 2020

Jan. 8, 2020

PACER
15

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)

Jan. 8, 2020

Jan. 8, 2020

PACER
16

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)

Jan. 8, 2020

Jan. 8, 2020

PACER
17

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)

Jan. 8, 2020

Jan. 8, 2020

PACER
18

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)

Jan. 8, 2020

Jan. 8, 2020

PACER
19

NOTICE of Appearance by Michael R. Dean on behalf of Karri Ousterhout, Joseph Treppa. (Dean, Michael) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
20

NOTICE of Appearance by John L. Thurber on behalf of Karri Ousterhout, Joseph Treppa. (Thurber, John) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
21

NOTICE of Appearance by Scott A. Mertens on behalf of Karri Ousterhout, Joseph Treppa. (Mertens, Scott) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
22

NOTICE of Appearance by Neil Anthony Giovanatti on behalf of Karri Ousterhout, Joseph Treppa. (Giovanatti, Neil) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
23

NOTICE of Appearance by Jennifer A. Foster on behalf of Karri Ousterhout, Joseph Treppa. (Foster, Jennifer) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
24

NOTICE of Appearance by Solomon M. Radner on behalf of All Plaintiffs. (Radner, Solomon) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

PACER
25

ORDER REASSIGNING CASE from District Judge Denise Page Hood to District Judge Victoria A. Roberts. (NAhm) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER

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. 6, 2020

Feb. 6, 2020

PACER

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

Feb. 10, 2020

PACER
26

WAIVER OF SERVICE Returned Executed. Shawn Brewer waiver sent on 1/17/2020, answer due 3/17/2020. (Mertens, Scott) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
27

WAIVER OF SERVICE Returned Executed. Richard Bullard waiver sent on 1/17/2020, answer due 3/17/2020. (Mertens, Scott) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
28

WAIVER OF SERVICE Returned Executed. Dan Carter waiver sent on 1/17/2020, answer due 3/17/2020. (Mertens, Scott) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
29

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)

Feb. 12, 2020

Feb. 12, 2020

PACER
30

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)

Feb. 12, 2020

Feb. 12, 2020

PACER
31

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)

Feb. 12, 2020

Feb. 12, 2020

PACER
32

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)

Feb. 18, 2020

Feb. 18, 2020

PACER
33

CERTIFICATE of Service/Summons Returned Executed. Heidi Washington served on 12/20/2019, answer due 1/10/2020. (Bailey, Rebekah) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
34

CERTIFICATE of Service/Summons Returned Executed. Russell Marlan served on 12/20/2019, answer due 1/10/2020. (Bailey, Rebekah) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
35

CERTIFICATE of Service/Summons Returned Executed. Kenneth McKee served on 12/28/2019, answer due 1/21/2020. (Bailey, Rebekah) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
36

CERTIFICATE of Service/Summons Returned Executed. Lloyd Rapelje served on 12/20/2019, answer due 1/10/2020. (Bailey, Rebekah) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
37

CERTIFICATE of Service/Summons Returned Executed. Lia Gulick served on 1/2/2020, answer due 1/23/2020. (Bailey, Rebekah) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
38

CERTIFICATE of Service/Summons Returned Executed. Karri Ousterhout served on 12/22/2019, answer due 1/13/2020. (Bailey, Rebekah) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
39

CERTIFICATE of Service/Summons Returned Executed. Joseph Treppa served on 12/28/2019, answer due 1/21/2020. (Bailey, Rebekah) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
40

NOTICE of Appearance by Samantha M. Baker on behalf of All Plaintiffs. (Baker, Samantha) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
41

ORDER for substitution of counsel. Signed by District Judge Victoria A. Roberts. (DPer) (Entered: 03/20/2020)

March 20, 2020

March 20, 2020

PACER
42

WAIVER OF SERVICE Returned Executed. David Johnson waiver sent on 1/17/2020, answer due 3/17/2020. (Mertens, Scott) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
43

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)

April 16, 2020

April 16, 2020

PACER
44

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)

April 16, 2020

April 16, 2020

PACER
45

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)

April 16, 2020

April 16, 2020

PACER
46

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)

April 16, 2020

April 16, 2020

PACER
47

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)

April 16, 2020

April 16, 2020

PACER
48

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)

April 16, 2020

April 16, 2020

PACER
49

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)

April 16, 2020

April 16, 2020

PACER
50

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)

April 20, 2020

April 20, 2020

PACER
53

Summary Judgment

April 20, 2020

April 20, 2020

PACER
51

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)

April 20, 2020

April 20, 2020

PACER
52

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)

April 20, 2020

April 20, 2020

RECAP

~Util - Terminate Motions

April 21, 2020

April 21, 2020

PACER

Text-Only Order

April 21, 2020

April 21, 2020

PACER

TEXT-ONLY ORDER Granting 51 MOTION for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (LVer)

April 21, 2020

April 21, 2020

PACER
54

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)

April 24, 2020

April 24, 2020

PACER
55

ORDER Striking 53 MOTION for Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
56

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)

May 1, 2020

May 1, 2020

PACER
57

STIPULATED ORDER to Extend Plaintiffs' Deadline to Respond to Dispositive Motions. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 05/10/2020)

May 10, 2020

May 10, 2020

PACER
58

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)

May 29, 2020

May 29, 2020

PACER
59

MOTION for Leave to File Excess Pages by Paula Bailey, Krystal Clark, Hope Zentz. (Bailey, Rebekah) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
60

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)

June 10, 2020

June 10, 2020

PACER
61

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)

June 10, 2020

June 10, 2020

PACER
62

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)

June 10, 2020

June 10, 2020

PACER
63

ORDER Granting 59 Motion for Leave to File Excess Pages. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
64

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)

June 16, 2020

June 16, 2020

PACER
65

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)

June 26, 2020

June 26, 2020

PACER
66

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)

July 8, 2020

July 8, 2020

PACER
67

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)

July 8, 2020

July 8, 2020

PACER
68

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)

Aug. 7, 2020

Aug. 7, 2020

PACER
69

ORDER Denying 56 Defendants' Motion for Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

Clearinghouse

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)

Aug. 24, 2020

Aug. 24, 2020

PACER
70

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)

Sept. 4, 2020

Sept. 4, 2020

PACER
71

ORDER Granting 54 MDOC Defendants' Motion to Dismiss. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

Clearinghouse

TEXT-ONLY ORDER: Status Conference on 9/8/2020 is CANCELLED. Signed by District Judge Victoria A. Roberts. (LVer)

Sept. 4, 2020

Sept. 4, 2020

PACER

Terminate Deadlines and Hearings AND Text-Only Order

Sept. 4, 2020

Sept. 4, 2020

PACER
72

ORDER Moot 70 Motion for Evidentiary Hearing. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER
73

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)

Sept. 25, 2020

Sept. 25, 2020

RECAP

REQUEST for SUMMONS for Jeremy Bush, Jeremy Howard, Ed Vallard. (Robinson-Holmes, Channing)

Sept. 25, 2020

Sept. 25, 2020

PACER
74

SUMMONS Issued for *Jeremy Bush, Jeremy Howard, Ed Vallard* (LGra) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
75

For Order

Sept. 30, 2020

Sept. 30, 2020

PACER
76

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)

Oct. 5, 2020

Oct. 5, 2020

PACER
77

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)

Oct. 8, 2020

Oct. 8, 2020

RECAP
78

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)

Oct. 8, 2020

Oct. 8, 2020

PACER
79

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)

Oct. 8, 2020

Oct. 8, 2020

PACER
80

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)

Oct. 16, 2020

Oct. 16, 2020

PACER
81

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)

Oct. 22, 2020

Oct. 22, 2020

PACER
82

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)

Oct. 23, 2020

Oct. 23, 2020

PACER
83

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)

Oct. 29, 2020

Oct. 29, 2020

PACER
84

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)

March 31, 2021

March 31, 2021

RECAP
85

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)

March 31, 2021

March 31, 2021

PACER

TEXT-ONLY ORDER Granting 85 MOTION for Withdrawal of Attorney Kristie A. Sparks. Signed by District Judge Victoria A. Roberts. (LVer)

April 4, 2021

April 4, 2021

PACER

~Util - Terminate Motions AND Text-Only Order

April 4, 2021

April 4, 2021

PACER
86

MOTION for Withdrawal of Attorney brief in support and certificate of service Cori E. Barkman (P61470) 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. (Barkman, Cori) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER

TEXT-ONLY ORDER Granting 86 MOTION for Withdrawal of Attorney Cori E. Barkman. Signed by District Judge Victoria A. Roberts. (LVer)

April 9, 2021

April 9, 2021

PACER

~Util - Terminate Motions AND Text-Only Order

April 9, 2021

April 9, 2021

PACER
87

ATTORNEY APPEARANCE: John L. Thurber appearing on behalf of Shawn Brewer, Richard Bullard, Jeremy Bush, Dan Carter, Lia Gulick, Jeremy Howard, David Johnson, Kenneth McKee, Toni Moore, Karri Ousterhout, Joseph Treppa, Ed Vallard, Heidi Washington and a certificate of service (Thurber, John) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 20, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Women incarcerated at Huron Valley Correctional Facility for Women

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Michigan Department of Corrections (Ypsilanti, Washtenaw), State

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

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 / caseload

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Skin Infections