Case: Russell v. Wayne County

2:20-cv-11094 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 4, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a class action complaint brought by six detainees in Wayne County Jail, seeking injunctive, declaratory and habeas relief. The petitioners sought the release or transfers to home confinement of medically vulnerable inmates in light of the virus, as well as an injunction requiring COVID-19 mitigation measures. The case was almost immediately stayed and the issues moved to a longstanding state-court litigation about the jail's conditions, Wayne County Jail Inmates v. Wa…

COVID-19 Summary: This is a class action complaint brought by six detainees in Wayne County Jail, seeking injunctive, declaratory and habeas relief. The petitioners sought the release or transfers to home confinement of medically vulnerable inmates in light of the virus, as well as an injunction requiring COVID-19 mitigation measures. The case was almost immediately stayed and the issues moved to a longstanding state-court litigation about the jail's conditions, Wayne County Jail Inmates v. Wayne County Sheriff


On May 4, 2020, six detainees in Wayne County filed this action in the U.S. District Court for the Eastern District of Michigan. Represented by the Advancement Project, Civil Rights Corps, Detroit Justice Center, and private counsel, the plaintiffs brought this lawsuit as a habeas petition under 28 U.S.C. under § 2241, as an injunctive action under 42 U.S.C. § 1983, and a declaratory action under 28 U.S.C. § 2201. Specifically, they alleged that their detention violated their Eighth and Fourteenth Amendment rights by subjecting them to a serious risk of contracting COVID-19. The petitioners sought a temporary restraining order (TRO), injunctive relief, and a writ of habeas corpus requiring defendants to immediately release all subclass members who are medically vulnerable or transfer them to home confinement. They also sought adequate measures for safety and hygiene. The case was assigned to Judge Mark A. Goldsmith.

The same day, the plaintiffs moved to certify the matter as a class action with a proposed class and three subclasses. The “Jail Class” consisted of “all current and future persons detained at the Wayne County Jail during the course of the COVID-19 pandemic.” The subclasses included the “Pre-trial Subclass,” the “Post-conviction Subclass,” and the “Medically Vulnerable Subclass,” defined as: “All members of the Jail Class who are also over the age of fifty, or who, regardless of age, experience an underlying medical condition.”

The plaintiffs also filed an emergency motion to expedite the motion for TRO, stressing that Wayne County Jail had 29 confirmed positive cases amongst detainees and almost 200 amongst staff as of April 30, 2020. At the time of filing, COVID-19 had already killed two jail physicians and two deputies.

The Court suggested the parties discuss whether relief could be sought in state court, where the defendant was a party to a consent decree that monitored the quality of conditions in the jail. Wayne County Jail Inmates v. Wayne County Sheriff. On May 27, the parties agreed to reopen the case underlying the state consent decree and began actively litigating the case in state court.

As such, on June 4, the plaintiffs filed a motion to stay the federal court proceedings, and the defendants filed a motion stating they did not object to the stay on June 24.

The court granted the motion to stay on December 28, 2020; this same order also dismissed the plaintiff's TRO motion and motion to certify class. Further information on the state proceedings can be found in the state court summary, linked above.

Summary Authors

Averyn Lee (6/2/2020)

Caitlin Kierum (7/11/2020)

Tessa McEvoy (2/20/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17126997/parties/russell-v-wayne-county/


Judge(s)

Goldsmith, Mark Allan (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorneys(s) for Plaintiff

Alexander, Amanda (Michigan)

Anderson, Khary J. (District of Columbia)

Animashaun, Akeeb Dami (District of Columbia)

Carter, Ashley (District of Columbia)

Ferguson, Desiree M. (Michigan)

Harvey, Thomas B (District of Columbia)

Karakatsanis, Alec (District of Columbia)

Keith, Erin (Michigan)

Judge(s)

Goldsmith, Mark Allan (Michigan)

Stafford, Elizabeth A. (Michigan)

Attorneys(s) for Plaintiff

Alexander, Amanda (Michigan)

Anderson, Khary J. (District of Columbia)

Animashaun, Akeeb Dami (District of Columbia)

Carter, Ashley (District of Columbia)

Ferguson, Desiree M. (Michigan)

Harvey, Thomas B (District of Columbia)

Karakatsanis, Alec (District of Columbia)

Keith, Erin (Michigan)

Kriger, Allison (Michigan)

Moran, Christopher N. (Maryland)

Nemeth, Miriam R. (Michigan)

Saad, Martin L. (District of Columbia)

Thomas, Sheena R. (District of Columbia)

Wilson, Emily J. (Maryland)

Attorneys(s) for Defendant

Chapman, Ronald W. (Michigan)

Hammoud, Souriana (Sue) T. (Michigan)

Lanesky, Jonathan C. (Michigan)

O'Neill, Paul T. (Michigan)

Stella, Davidde Alessandro (Michigan)

Expert/Monitor/Master

Chiao, Elizabeth (Texas)

Franco-Paredes, Carlos (Colorado)

Golob, Jonathan Louis (Michigan)

Lauring, Adam M.D., Ph.D. (Michigan)

Meyer, Jaimie (Connecticut)

Stern, Marc F. (Washington)

Documents in the Clearinghouse

Document

2:20-cv-11094

Docket [PACER]

Feb. 2, 2021

Feb. 2, 2021

Docket
3 (& 3-1 to 3-15)

2:20-cv-11094

Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction

May 4, 2020

May 4, 2020

Pleading / Motion / Brief
1-1 to 1-16

2:20-cv-11094

Exhibits to the Complaint

May 4, 2020

May 4, 2020

Complaint
4

2:20-cv-11094

Emergency Motion for Expedited Consideration of Plaintiff's Motion for Temporary Restraining Order

May 4, 2020

May 4, 2020

Pleading / Motion / Brief
5 (& 5-1 to 5-7)

2:20-cv-11094

Plaintiffs' Motion for Class Certification

May 4, 2020

May 4, 2020

Pleading / Motion / Brief
1

2:20-cv-11094

Complaint

May 4, 2020

May 4, 2020

Complaint
10

2:20-cv-11094

Defendants' Response in Opposition of Plaintiffs' Motion for Expedited Consideration of Plaintiffs' Motion for Temporary Restraining Order

Russel v. Wayne County

May 5, 2020

May 5, 2020

Pleading / Motion / Brief
17

2:20-cv-11094

Plaintiffs' Reply in Support of Plaintiffs' Emergency Motion for Expedited Consideration of Plaintiff's Motion for Temporary Restraining Order

May 6, 2020

May 6, 2020

Pleading / Motion / Brief
17

2:20-cv-11094

Plaintiffs' Reply in Support of Plaintiffs' Emergency Motion for Expedited Consideration of Plaintiff's Motion for Temporary Restraining Order

May 6, 2020

May 6, 2020

Pleading / Motion / Brief
30

2:20-cv-11094

Plaintiffs' Motion for Stay Proceedings

June 4, 2020

June 4, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17126997/russell-v-wayne-county/

Last updated Aug. 15, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus filed by All Defendants against Wayne County, Michigan, Benny Napoleon, Daniel Pfannes, Robert Dunlap, James E Davis, Receipt No: AMIEDC-7781841 - Fee: $ 5. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Declaration of Dr. Marc Stern, # 3 Exhibit Declaration of Dr. Jaimie Meyer, # 4 Exhibit Declaration of Elizabeth Y. Chiao, # 5 Exhibit Declaration of Dr. Jonathan Golob, # 6 Exhibit Declaration of Dr. Carlos Franco Parades, # 7 Exhibit Declaration of Dr. Carlos Franco Parades, # 8 Exhibit CDC Interim Guidance on Management of the Coronavirus, # 9 Exhibit JHU letter to Governor Hogan, # 10 Exhibit Letter from NYC Council Member Brad Landers, # 11 Exhibit Declaration of Dr. Ronat Mishori, # 12 Exhibit Declaration of Robert B. Greifinger, # 13 Exhibit Michigan Executive Order 2020-29, # 14 Exhibit March 31, 2020 ACLU letter, # 15 Exhibit Declaration of Dr. Adam Lauring, # 16 Exhibit Order: Malam v. Adduci, # 17 Exhibit Declaration of Dr. Amir Moheb Mohareb) (Kriger, Allison) (Entered: 05/04/2020)

1 Index of Exhibits

View on PACER

2 Exhibit Declaration of Dr. Marc Stern

View on PACER

3 Exhibit Declaration of Dr. Jaimie Meyer

View on PACER

4 Exhibit Declaration of Elizabeth Y. Chiao

View on PACER

5 Exhibit Declaration of Dr. Jonathan Golob

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6 Exhibit Declaration of Dr. Carlos Franco Parades

View on PACER

7 Exhibit Declaration of Dr. Carlos Franco Parades

View on PACER

8 Exhibit CDC Interim Guidance on Management of the Coronavirus

View on PACER

9 Exhibit JHU letter to Governor Hogan

View on PACER

10 Exhibit Letter from NYC Council Member Brad Landers

View on PACER

11 Exhibit Declaration of Dr. Ronat Mishori

View on PACER

12 Exhibit Declaration of Robert B. Greifinger

View on PACER

13 Exhibit Michigan Executive Order 2020-29

View on PACER

14 Exhibit March 31, 2020 ACLU letter

View on PACER

15 Exhibit Declaration of Dr. Adam Lauring

View on PACER

16 Exhibit Order: Malam v. Adduci

View on PACER

17 Exhibit Declaration of Dr. Amir Moheb Mohareb

View on PACER

May 4, 2020

May 4, 2020

RECAP
2

Ex Parte MOTION for Leave to File Excess Pages for Emergency Motion for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs. (Kriger, Allison) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
3

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Declaration of Courtney White, # 3 Exhibit Declaration of Mark Matthews, # 4 Exhibit Declaration of Teri Nickel, # 5 Exhibit Declaration of Dominick Kelly, # 6 Exhibit Declaration of Shane Carline, # 7 Exhibit Declaration of Carl Smelley, # 8 Exhibit Declaration of Marlon Blanks, # 9 Exhibit Declaration of CalDerone Pearson, # 10 Exhibit Declaration of Charles Russell, # 11 Exhibit Declaration of Christopher Hubbard, # 12 Exhibit Declaration of Mark Malec, # 13 Exhibit Declaration of Harry White, # 14 Exhibit Declaration of Davonte Valez, # 15 Exhibit District Court Decisions) (Kriger, Allison) (Entered: 05/04/2020)

1 Index of Exhibits

View on PACER

2 Exhibit Declaration of Courtney White

View on PACER

3 Exhibit Declaration of Mark Matthews

View on PACER

4 Exhibit Declaration of Teri Nickel

View on PACER

5 Exhibit Declaration of Dominick Kelly

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6 Exhibit Declaration of Shane Carline

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7 Exhibit Declaration of Carl Smelley

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8 Exhibit Declaration of Marlon Blanks

View on PACER

9 Exhibit Declaration of CalDerone Pearson

View on PACER

10 Exhibit Declaration of Charles Russell

View on PACER

11 Exhibit Declaration of Christopher Hubbard

View on PACER

12 Exhibit Declaration of Mark Malec

View on PACER

13 Exhibit Declaration of Harry White

View on PACER

14 Exhibit Declaration of Davonte Valez

View on PACER

15 Exhibit District Court Decisions

View on PACER

May 4, 2020

May 4, 2020

PACER
4

Emergency MOTION to Expedite Emergency Motion for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs. (Kriger, Allison) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
5

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Declaration of Shokelle McKay, # 3 Exhibit Declaration of Thomas B. Harvey, # 4 Exhibit Declaration of Allison Kriger, # 5 Exhibit Declaration of Alec Karakatsanis, # 6 Exhibit Declaration of Desiree M. Ferguson, # 7 Exhibit Declaration of Martin L. Saad) (Kriger, Allison) (Entered: 05/04/2020)

1 Index of Exhibits

View on PACER

2 Exhibit Declaration of Shokelle McKay

View on PACER

3 Exhibit Declaration of Thomas B. Harvey

View on PACER

4 Exhibit Declaration of Allison Kriger

View on PACER

5 Exhibit Declaration of Alec Karakatsanis

View on PACER

6 Exhibit Declaration of Desiree M. Ferguson

View on PACER

7 Exhibit Declaration of Martin L. Saad

View on PACER

May 4, 2020

May 4, 2020

PACER
6

NOTICE of Appearance by Allison L. Kriger on behalf of All Plaintiffs. (Kriger, Allison) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
7

NOTICE of Appearance by Allison L. Kriger on behalf of All Plaintiffs. (Kriger, Allison) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
8

ATTORNEY APPEARANCE: Thomas Bradford Harvey appearing on behalf of All Plaintiffs (Harvey, Thomas) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
9

NOTICE of Appearance by Souriana T. Hammoud on behalf of All Defendants. (Hammoud, Souriana) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
10

RESPONSE to 4 Emergency MOTION to Expedite Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Certificate of Service filed by All Defendants. (Hammoud, Souriana) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
11

NOTICE of Appearance by Davidde A. Stella on behalf of All Defendants. (Attachments: # 1 POS) (Stella, Davidde) (Entered: 05/05/2020)

1 POS

View on PACER

May 5, 2020

May 5, 2020

PACER
12

NOTICE of Appearance by Miriam R. Nemeth on behalf of All Plaintiffs. (Nemeth, Miriam) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
13

NOTICE of Appearance by Paul T. O'Neill on behalf of All Defendants. (Attachments: # 1 Certificate of Service) (O'Neill, Paul) (Entered: 05/05/2020)

1 Certificate of Service

View on PACER

May 5, 2020

May 5, 2020

PACER
14

NOTICE of Appearance by Akeeb D Animashaun on behalf of All Plaintiffs. (Animashaun, Akeeb) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
15

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/7/2020 at 09:30 AM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
16

NOTICE of Appearance by Ashley Alexandra Carter on behalf of All Plaintiffs. (Carter, Ashley) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
17

REPLY to Response re 4 Emergency MOTION to Expedite Emergency Motion for Temporary Restraining Order and Preliminary Injunction filed by All Plaintiffs. (Animashaun, Akeeb) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER

Appear*

May 7, 2020

May 7, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 5/7/2020. (Sandusky, K)

May 7, 2020

May 7, 2020

PACER
18

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/8/2020 12:00 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference RESET for 5/11/2020 at 01:00 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K)

May 7, 2020

May 7, 2020

PACER
19

ATTORNEY APPEARANCE: Amanda Alexander appearing on behalf of All Plaintiffs (Alexander, Amanda) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
20

ATTORNEY APPEARANCE: Erin Keith appearing on behalf of All Plaintiffs (Keith, Erin) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
21

ATTORNEY APPEARANCE: Ronald W. Chapman appearing on behalf of Wayne County, Michigan (Chapman, Ronald) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
22

ATTORNEY APPEARANCE: Jonathan C. Lanesky appearing on behalf of Wayne County, Michigan (Lanesky, Jonathan) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
24

ATTORNEY APPEARANCE: Desiree M. Ferguson appearing on behalf of All Plaintiffs (Ferguson, Desiree) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 5/11/2020. (Sandusky, K)

May 11, 2020

May 11, 2020

PACER
25

ORDER Directing the Parties to Confer and Submit Status Report and Setting Status Conference ( Joint Report due by noon on 5/14/2020). TELEPHONIC Status Conference set for 5/14/2020 at 02:00 PM before District Judge Mark A. Goldsmith, Response due by 5/14/2020. The parties shall call into (877) 336-1274 and use access code 9602327. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
26

MOTION to Remove ECF No. 23 from the Docket by All Plaintiffs. (Kriger, Allison) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
27

ORDER Regarding Certification Requirements. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

RECAP

Text-Only Notice of Hearing Cancelled

May 14, 2020

May 14, 2020

PACER

TEXT-ONLY NOTICE: Telephonic Status Conference on May 14, 2020 is Cancelled (Sandusky, K)

May 14, 2020

May 14, 2020

PACER
28

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/21/2020 at 02:00 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code 9602327. (Sandusky, K) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 5/21/2020. (Sandusky, K)

May 21, 2020

May 21, 2020

PACER
29

ORDER Setting Status Conference and Granting Joint Motion to Remove Plaintiffs' Status Report (Dkt. 26) ( TELEPHONIC Status Conference set for 6/4/2020 02:00 PM before District Judge Mark A. Goldsmith). The parties shall call into (877) 336-1274 and use access code 9602327. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
30

MOTION to Stay Proceedings by All Plaintiffs. (Kriger, Mark) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

RECAP

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 6/4/2020. (Sandusky, K)

June 4, 2020

June 4, 2020

PACER
31

ORDER Setting Briefing Schedule on Plaintiff's Motion to Stay ( Response due by 6/25/2020, Reply due by 7/3/2020). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER
32

RESPONSE to 30 MOTION to Stay Proceedings and Certificate of Service filed by All Defendants. (Attachments: # 1 Exhibit A) (Hammoud, Souriana) (Entered: 06/24/2020)

1 Exhibit A

View on PACER

June 24, 2020

June 24, 2020

PACER
33

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 10/19/2020 01:00 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327 (Sandusky, K) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference set for 10/19/2020 10:00 AM before District Judge Mark A. Goldsmith (TIME CHANGE ONLY). The parties shall call into (877) 336-1274 and use access code: 9602327 (Sandusky, K)

Oct. 13, 2020

Oct. 13, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 10/19/2020 (Court Reporter: None Present, Not on the Record). (Sandusky, K)

Oct. 19, 2020

Oct. 19, 2020

PACER
34

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 12/14/2020 11:00 AM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 12/14/2020. (Court Reporter: None Present, Not on the Record) (Sandusky, K)

Dec. 14, 2020

Dec. 14, 2020

PACER
35

ORDER Granting Plaintiffs' Motion to Stay (Dkt. 30 ), Dismissing Plaintiffs' Motion for Temporary Restraining Order (Dkt. 3 ), Dismissing Plaintiffs' Motion to Certify Class (Dkt. 5 ), Dismissing Plaintiffs Motion for Leave to File Excess Pages (Dkt. 2 ), and Dismissing Motion to Expedite Emergency Motion for Temporary Restraining Order (Dkt. 4 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER
36

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 1/29/2021 01:00 PM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

PACER

Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 1/29/2021. (Court Reporter: None Present, Not on the Record) (EKar)

Jan. 29, 2021

Jan. 29, 2021

PACER
37

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/4/2021 11:00 AM before District Judge Mark A. Goldsmith. The parties shall call into (877) 336-1274 and use access code: 9602327 (Sandusky, K) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

PACER
38

Voluntary Dismissal

May 3, 2021

May 3, 2021

PACER
39

Voluntary Dismissal

May 6, 2021

May 6, 2021

PACER
40

Dismissing Case

May 6, 2021

May 6, 2021

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 4, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six detainees in Wayne County Jail, seeking the release or transfer of all medically vulnerable detainees in light of the virus. The proposed “Jail Class” consists of “all current and future persons detained at the Wayne County Jail during the course of the COVID-19 pandemic.” The class is further subdivided into the “Pre-trial Subclass,” the “Post-conviction Subclass,” and the “Medically Vulnerable Subclass.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Advancement Project

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Wayne County (Wayne), County

Sheriff for Wayne County (Wayne), County

Chief of Jails and Court Operations (Wayne), County

Deputy Chief of Jail Operations (Wayne), County

Undersheriff for the Wayne County Sheriff’s Office (Wayne), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Medical care, unspecified

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run