Filed Date: April 29, 2020
Closed Date: Oct. 20, 2020
Clearinghouse coding complete
COVID-19 Summary: This is a class action brought on behalf of all prisoners of the Michigan Department of Corrections (MDOC), seeking preliminary and permanent injunctive relief that would require MDOC to adhere to CDC COVID-19 guidelines. However, after the Sixth Circuit vacated a similar injunction in another case, the plaintiffs agreed to dismiss this case.
On April 29, 2020, prisoners of the Michigan Department of Corrections (MDOC) brought this suit in the U.S. District Court for the Eastern District of Michigan. Represented by the Michigan State Law School Civil Rights Clinic and private counsel, the plaintiffs sued MDOC and the wardens of several MDOC facilities. Suing under 42 U.S.C. § 1983, the plaintiffs alleged violations of their Eighth Amendment rights. Specifically, they claimed that MDOC's inadequate response to the COVID-19 pandemic constituted cruel and unusual punishment. The case was assigned to Judge Mark A. Goldsmith and Magistrate Judge R. Steven Whalen.
The next day, the plaintiffs filed a motion for a temporary restraining order requiring the defendants to take additional precautions against COVID-19, including: social distancing, personal protective equipment, soap and sanitizer, quarantine and isolation for those with symptoms, adequate health care, and testing. The plaintiffs also filed a motion to certify a class that would include "all inmates who currently are, or who in the future will be, incarcerated in the MDOC's custody, at its different prisons, and who are subjected to MDOC's policies and practices regarding COVID-19." This class represented over 37,000 individuals.
On May 4, the plaintiffs moved for a permanent injunction as well as a temporary restraining order, seeking the same relief as they did in the initial motion. The defendants filed a response on May 12.
After the Sixth Circuit's decision in Wilson v. Williams, found here in the Clearinghouse, the parties entered into an agreement. In Williams, the Court of Appeals held that federal prison officials had taken reasonable steps to mitigate the risk of COVID-19 and, therefore, the Eighth Amendment rights of the prisoners in that case had not been violated. In light of this decision, the plaintiffs here agreed to withdraw their motion for a temporary restraining order and motion to certify the class, and the case was stayed pending any outcome of an appeal in Wilson. The plaintiffs also agreed to dismiss the case if the Wilson decision was not appealed, reversed, or modified.
The Wilson decision stood. So, on October 20, 2020, the court entered a stipulated order dismissing this case, which is now closed.
Summary Authors
Caitlin Kierum (7/20/2020)
Timothy Leake (10/20/2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17112642/parties/abrams-v-glass/
Barkman, Cori E. (Michigan)
Braman, Melinda (Michigan)
Bush, Jeremy (Michigan)
Chapman, Willis (Michigan)
Draus, Paul (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/17112642/abrams-v-glass/
Last updated Dec. 16, 2024, 10:50 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Michigan
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 29, 2020
Closing Date: Oct. 20, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Putative Class: All inmates who currently are, or who in the future will be, incarcerated in the MDOC's custody, at its different prisons, and who are subjected to MDOC's policies and practices regarding COVID-19
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Michigan Department of Corrections, State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Sanitation / living conditions
COVID-19:
Jails, Prisons, Detention Centers, and Other Institutions: