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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 attrorneys, see: https://www.courtlistener.com/docket/16495575/parties/bailey-v-michigan-department-of-corrections/


Judge(s)

Roberts, Victoria A. (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorneys(s) for Plaintiff

Bailey, Rebekah L (Minnesota)

Marko, Jonathan R (Michigan)

McGehee, Cary S. (Michigan)

Morgan, Matthew H (Minnesota)

Radner, Solomon M. (Michigan)

Rivers, Beth M. (Michigan)

Robinson-Holmes, Channing E (Michigan)

Schladt, Nicole Jean (Minnesota)

Judge(s)

Roberts, Victoria A. (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorneys(s) for Plaintiff

Bailey, Rebekah L (Minnesota)

Marko, Jonathan R (Michigan)

McGehee, Cary S. (Michigan)

Morgan, Matthew H (Minnesota)

Radner, Solomon M. (Michigan)

Rivers, Beth M. (Michigan)

Robinson-Holmes, Channing E (Michigan)

Schladt, Nicole Jean (Minnesota)

Steingold, David S (Michigan)

Attorneys(s) for Defendant

Barkman, Cori E. (Michigan)

Dean, Michael R. (Michigan)

Foster, Jennifer A (Michigan)

Giovanatti, Neil Anthony (Michigan)

Mertens, Scott A (Michigan)

Thurber, John L. (Michigan)

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 Nov. 2, 2022, 3:30 a.m.

ECF Number Description Date Link Date / Link
1

Civil Case - Complaint

Nov. 21, 2019

Nov. 21, 2019

PACER
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

~Util - Terminate Motions

April 21, 2020

April 21, 2020

PACER

Text-Only Order

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)

March 31, 2021

March 31, 2021

RECAP

~Util - Terminate Motions AND Text-Only Order

April 4, 2021

April 4, 2021

PACER
86

Withdrawal of Attorney

April 6, 2021

April 6, 2021

PACER

~Util - Terminate Motions AND Text-Only Order

April 9, 2021

April 9, 2021

PACER
88

Stipulation and Order

April 16, 2021

April 16, 2021

PACER
94

Stipulation and Order

April 26, 2021

April 26, 2021

RECAP
95

Appearance

May 7, 2021

May 7, 2021

RECAP
96

Stipulation and Order

May 14, 2021

May 14, 2021

PACER
97

~Util - Add and Terminate Attorneys AND Order

May 18, 2021

May 18, 2021

PACER
98

Answer to Amended Complaint

May 27, 2021

May 27, 2021

PACER
100

Appear*

July 26, 2021

July 26, 2021

PACER
103

Protective Order

Aug. 27, 2021

Aug. 27, 2021

PACER
104

Withdrawal of Attorney

Sept. 1, 2021

Sept. 1, 2021

PACER

~Util - Terminate Motions AND Text-Only Order

Sept. 2, 2021

Sept. 2, 2021

PACER
106

~Util - Set Scheduling Order Deadlines AND Order

Oct. 26, 2021

Oct. 26, 2021

PACER
107

Correction

Oct. 26, 2021

Oct. 26, 2021

PACER
108

~Util - Set Scheduling Order Deadlines AND Order

Oct. 26, 2021

Oct. 26, 2021

PACER
109

Protective Order

Dec. 2, 2021

Dec. 2, 2021

PACER
110

Protective Order

Jan. 7, 2022

Jan. 7, 2022

PACER
111

Appearance

Jan. 12, 2022

Jan. 12, 2022

PACER
112

Appearance

Jan. 17, 2022

Jan. 17, 2022

PACER
114

~Util - Set Scheduling Order Deadlines AND Stipulation and Order

Feb. 2, 2022

Feb. 2, 2022

PACER

~Util - Set Deadlines/Hearings

Feb. 15, 2022

Feb. 15, 2022

PACER
115

Order

Feb. 17, 2022

Feb. 17, 2022

PACER
116

Appearance

March 29, 2022

March 29, 2022

PACER
117

Terminate Deadlines and Hearings AND ~Util - Set Deadlines/Hearings AND Order

April 5, 2022

April 5, 2022

PACER
118

Reconsideration

April 18, 2022

April 18, 2022

PACER
119

~Util - Set Deadlines/Hearings AND ~Util - Terminate Motions AND Order

April 20, 2022

April 20, 2022

PACER
120

~Util - Set Deadlines/Hearings AND Order

May 9, 2022

May 9, 2022

PACER
121

Appearance

June 28, 2022

June 28, 2022

PACER
122

Protective Order

July 25, 2022

July 25, 2022

PACER
123

Response to Motion

Aug. 9, 2022

Aug. 9, 2022

PACER
125

Reply to Response to Motion

Aug. 15, 2022

Aug. 15, 2022

PACER
126

Referring Motion to Magistrate Judge*

Aug. 17, 2022

Aug. 17, 2022

PACER
127

Hearing on Motion*

Oct. 17, 2022

Oct. 17, 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

Availably 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