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.

As of February 8, 2020, the defendants had not answered and the case was ongoing.

Summary Authors

Chandler Hart-McGonigle (2/7/2020)

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

Docket

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

Last updated Aug. 26, 2023, 3 a.m.

ECF Number Description Date Link Date / Link
1

Civil Case - Complaint

Nov. 21, 2019

Nov. 21, 2019

Clearinghouse
2

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

Nov. 21, 2019

Nov. 21, 2019

3

Referring Pretrial Matters to Magistrate Judge*

Nov. 21, 2019

Nov. 21, 2019

PACER
4

Vacate

Nov. 21, 2019

Nov. 21, 2019

PACER
5

Appearance

Nov. 26, 2019

Nov. 26, 2019

PACER
6

Appearance

Nov. 26, 2019

Nov. 26, 2019

PACER
7

Appearance

Dec. 9, 2019

Dec. 9, 2019

PACER
8

Appearance

Dec. 10, 2019

Dec. 10, 2019

PACER
9

Appearance

Dec. 16, 2019

Dec. 16, 2019

PACER
10

Notice - Other

Dec. 19, 2019

Dec. 19, 2019

PACER
11

Appearance

Dec. 27, 2019

Dec. 27, 2019

PACER
12

Appearance

Jan. 7, 2020

Jan. 7, 2020

PACER
13

Appearance

Jan. 8, 2020

Jan. 8, 2020

PACER
14

Appearance

Jan. 8, 2020

Jan. 8, 2020

PACER
15

Appearance

Jan. 8, 2020

Jan. 8, 2020

PACER
16

Appearance

Jan. 8, 2020

Jan. 8, 2020

PACER
17

Appearance

Jan. 8, 2020

Jan. 8, 2020

PACER
18

Appearance

Jan. 8, 2020

Jan. 8, 2020

PACER
19

Appearance

Jan. 21, 2020

Jan. 21, 2020

PACER
20

Appearance

Jan. 21, 2020

Jan. 21, 2020

PACER
21

Appearance

Jan. 21, 2020

Jan. 21, 2020

PACER
22

Appearance

Jan. 21, 2020

Jan. 21, 2020

PACER
23

Appearance

Jan. 21, 2020

Jan. 21, 2020

PACER
24

Appearance

Jan. 27, 2020

Jan. 27, 2020

PACER
25

Reassignment/Disqualification

Feb. 6, 2020

Feb. 6, 2020

PACER
30

Order

Feb. 12, 2020

Feb. 12, 2020

PACER
40

Appearance

Feb. 20, 2020

Feb. 20, 2020

PACER
41

Order

March 20, 2020

March 20, 2020

PACER
51

File Excess Pages

April 20, 2020

April 20, 2020

PACER
52

Dismiss

April 20, 2020

April 20, 2020

PACER
53

Summary Judgment

April 20, 2020

April 20, 2020

PACER

Text-Only Order

April 21, 2020

April 21, 2020

PACER

~Util - Terminate Motions

April 21, 2020

April 21, 2020

PACER
54

Dismiss

April 24, 2020

April 24, 2020

PACER
55

Strike

April 28, 2020

April 28, 2020

PACER
56

Summary Judgment

May 1, 2020

May 1, 2020

PACER
57

Stipulation and Order

May 10, 2020

May 10, 2020

PACER
59

File Excess Pages

June 10, 2020

June 10, 2020

PACER
60

Motion - Free

June 10, 2020

June 10, 2020

PACER
61

Response to Motion

June 10, 2020

June 10, 2020

PACER
62

Response to Motion

June 11, 2020

June 11, 2020

PACER
63

Order on Motion for Leave to File Excess Pages

June 16, 2020

June 16, 2020

PACER
64

Order on Motion - Free

June 16, 2020

June 16, 2020

PACER
65

Stipulation and Order

June 26, 2020

June 26, 2020

PACER
66

Reply to Response to Motion

July 8, 2020

July 8, 2020

PACER
67

Reply to Response to Motion

July 8, 2020

July 8, 2020

PACER
69

ORDER Denying 56 Defendants' Motion for Summary Judgment. Signed by District Judge Victoria A. Roberts. (LVer)

Aug. 24, 2020

Aug. 24, 2020

RECAP
70

Evidentiary Hearing

Sept. 4, 2020

Sept. 4, 2020

PACER
71

ORDER Granting 54 MDOC Defendants' Motion to Dismiss. Signed by District Judge Victoria A. Roberts. (LVer)

Sept. 4, 2020

Sept. 4, 2020

RECAP

Terminate Deadlines and Hearings AND Text-Only Order

Sept. 4, 2020

Sept. 4, 2020

PACER
72

Order on Motion for Evidentiary Hearing

Sept. 16, 2020

Sept. 16, 2020

PACER
73

Civil Case - Complaint, Amended

Sept. 26, 2020

Sept. 26, 2020

PACER
75

For Order

Sept. 30, 2020

Sept. 30, 2020

PACER
76

Order on Motion for Order

Oct. 5, 2020

Oct. 5, 2020

PACER
77

For Order

Oct. 8, 2020

Oct. 8, 2020

RECAP
78

Strike

Oct. 8, 2020

Oct. 8, 2020

PACER
79

Change of Address/Contact Information

Oct. 8, 2020

Oct. 8, 2020

PACER
80

Response to Motion

Oct. 16, 2020

Oct. 16, 2020

PACER
81

Response to Motion

Oct. 22, 2020

Oct. 22, 2020

PACER
82

Reply to Response to Motion

Oct. 23, 2020

Oct. 23, 2020

PACER
83

Reply to Response to Motion

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
88

STIPULATED ORDER TO Extend Time for MDOC Defendants to Respond to Plaintiffs' Amended Complaint. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
89

WAIVER OF SERVICE Returned Executed. Toni Moore waiver sent on 1/17/2020, answer due 3/17/2020. (Bailey, Rebekah) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
90

WAIVER OF SERVICE Returned Executed. Jeremy Howard waiver sent on 4/16/2021, answer due 6/15/2021. (Bailey, Rebekah) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
91

WAIVER OF SERVICE Returned Executed. Jeremy Bush waiver sent on 4/16/2021, answer due 6/15/2021. (Bailey, Rebekah) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
92

WAIVER OF SERVICE Returned Executed. Ed Vallard waiver sent on 4/16/2021, answer due 6/15/2021. (Bailey, Rebekah) (Entered: 04/21/2021)

April 21, 2021

April 21, 2021

PACER
93

DEMAND for Trial by Jury by 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 (Thurber, John) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

RECAP
94

STIPULATION AND ORDER Clarifying Claims. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

RECAP
95

NOTICE of Appearance by Ari Kresch on behalf of All Plaintiffs. (Kresch, Ari) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

RECAP
96

STIPULATED ORDER to Extend Time for MDOC Defendants to Respond to Plaintiffs' Amended Complaint. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
97

ORDER for substitution of counsel. Signed by District Judge Victoria A. Roberts. (DPer) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
98

ANSWER to Amended Complaint and certificate of service by 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. (Thurber, John) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
99

AFFIRMATIVE DEFENSES by 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 (Thurber, John) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
100

NOTICE TO APPEAR: Scheduling Conference set for 9/7/2021 at 3:30 PM before District Judge Victoria A. Roberts. (see image for details and dates) (LVer) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
101

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (McGehee, Cary) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
102

ATTORNEY APPEARANCE: Sara Elizabeth Trudgeon 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 with a certificate of service (Trudgeon, Sara) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
103

STIPULATED PROTECTIVE ORDER Regarding Disclosure of Maps, Drawings and Schematics. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
104

MOTION for Withdrawal of Attorney with a brief in support and a certificate of service Scott A. Mertens (P60069) by 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. (Heyse, Kristin) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER

~Util - Terminate Motions AND Text-Only Order

Sept. 2, 2021

Sept. 2, 2021

PACER

TEXT-ONLY ORDER Granting 104 MOTION for Withdrawal of Attorney. Attorney Scott Mertens terminated. Signed by District Judge Victoria A. Roberts. (LVer)

Sept. 2, 2021

Sept. 2, 2021

PACER

Minute Entry for virtual proceedings before District Judge Victoria A. Roberts: Status Conference held on 9/7/2021. (LVer)

Sept. 7, 2021

Sept. 7, 2021

PACER
105

ATTORNEY APPEARANCE: Keith Clark 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 with a Certificate of service (Clark, Keith) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER
106

ORDER Setting Deadlines and Dates. Status Conference set for 2/15/2022 at 3:00 PM before District Judge Victoria A. Roberts, Status Conference set for 5/12/2022 at 3:00 PM before District Judge Victoria A. Roberts, Discovery due by 9/7/2022. The Court will let the parties know if the status conferences will be in-person or by Zoom. Signed by District Judge Victoria A. Roberts. (LVer) (Main Document 106 replaced on 10/26/2021) (LVer). (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
107

NOTICE of Correction re 106 Order. (LVer) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
108

ORDER Setting Deadlines and Dates. Status Conference set for 2/15/2022 at 3:00 PM before District Judge Victoria A. Roberts, Status Conference set for 5/12/2022 at 3:00 PM before District Judge Victoria A. Roberts, Discovery due by 9/7/2022. The Court will let parties know if the status conferences will be held in-person or by Zoom.. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
109

STIPULATED QUALIFIED HIPAA PROTECTIVE ORDER. Signed by District Judge Victoria A. Roberts. (RLou) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
110

STIPULATED PROTECTIVE ORDER. Signed by District Judge Victoria A. Roberts. (LVer) (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

PACER
111

NOTICE of Appearance by Charles O'Meara on behalf of All Plaintiffs. (O'Meara, Charles) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER
112

NOTICE of Appearance by Solomon M. Radner on behalf of All Plaintiffs. (Radner, Solomon) (Entered: 01/17/2022)

Jan. 17, 2022

Jan. 17, 2022

PACER
113

ATTORNEY APPEARANCE: Joshua S. Smith 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 with a Certificate of Service (Smith, Joshua) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
114

STIPULATED ORDER to Extend Dates. TELEPHONIC Status Conference set for 2/15/2022 at 3:00 PM, TELEPHONIC Status Conference set for 5/12/2022 at 3:00 PM, Motions for Class Certification due 7/1/2022, Discovery due by 2/7/2023. Signed by District Judge Victoria A. Roberts. (see order for details and dates) (LVer) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

PACER

Minute Entry for virtual proceedings before District Judge Victoria A. Roberts: Status Conference held on 2/15/2022. Status Conference set for 3/29/2022 at 4:00 PM before District Judge Victoria A. Roberts. Attorneys will receive Zoom connection information prior to the conference. (Court Reporter: None Present, Not on the Record) (LVer)

Feb. 15, 2022

Feb. 15, 2022

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

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)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Mental health care, general

Skin Infections

Type of Facility:

Government-run