Case: Pelichet v. Lyon

2:18-cv-11385 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 2, 2018

Closed Date: March 23, 2023

Clearinghouse coding complete

Case Summary

On May 2, 2018 a group of individuals with mental health diagnoses and Michigan Protection and Advocacy Services (MPAS) sued the Michigan Department of Health and Human Services (MDHHS); several administrative individuals, including the Commissioner, in their official capacities; Hegira Programs; and Carelink Network (two mental health subcontractors) in the U.S. District Court for the Eastern District of Michigan. Plaintiffs alleged that DHHS administered the mental health system in a manner t…

On May 2, 2018 a group of individuals with mental health diagnoses and Michigan Protection and Advocacy Services (MPAS) sued the Michigan Department of Health and Human Services (MDHHS); several administrative individuals, including the Commissioner, in their official capacities; Hegira Programs; and Carelink Network (two mental health subcontractors) in the U.S. District Court for the Eastern District of Michigan. Plaintiffs alleged that DHHS administered the mental health system in a manner that unnecessarily segregated and lacked sufficient due process, violating the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, the 4th, 8th, and 14th Amendments of the U.S. Constitution and equivalent rights under the Michigan Constitution. District Judge Paul D. Borman was assigned to the case. 

Plaintiffs were adjudicated "not guilty by reason of insanity" (NGRI) and subjected to repeated involuntary civil commitment via a MDHHS committee ("NGRI Committee"). Two of the NGRI Committee's procedures were at issue: (1) the Committee would make a recommendation provided to the probate court in association with six month review reports for one-year continuing hospitalization orders; and (2) the Committee could decide to return an individual to the hospital without any probate court intervention via rehospitalization procedures for NGRI-designated individuals without providing notice of right to appeal. According to plaintiffs, these processes through which they had their conditional liberty revoked deprived them of both substantive and procedural due process. For instance, none of the plaintiffs were notified that they had a right to contest their involuntary returns to confinement, nor did they have an opportunity to contest forced returns before a neutral decisionmaker. Plaintiffs also alleged that MDHHS employees, contractors, and subcontractors filed petitions for continuing treatment orders that were facially invalid and presented false or misleading testimony to probate courts. Plaintiffs claimed that the lack of procedure and oversight over their confinement deprived them of their 14th Amendment Equal Protection rights and that the deliberate indifference to their medical needs, including mental health and psychiatric treatment, violated the Eighth Amendment.

Plaintiffs sought a permanent injunction stopping defendants from: unnecessarily institutionalizing individuals; entering into contracts that place limits or conditions on the recommendations that a state hospital treatment professional can make to a Probate Court regarding a patient; and failing to provide due process prior to involuntarily re-admitting certain individuals and living in the community on authorized leave status. Plaintiffs also sought compensatory damages for their involuntary confinements and attorneys' fees.

The MDHHS defendants filed a motion to dismiss on June 29, 2018, arguing that the court lacked subject-matter jurisdiction; defendants had 11th Amendment jurisdictional and qualified immunity; and plaintiffs failed to state a claim for which relief could be granted and. Plaintiffs filed a more detailed amended complaint with attached exhibits detailing the administrative process navigated by plaintiffs on September 14, 2018. Other defendants filed motions to dismiss shortly thereafter.

In an opinion issued on September 20, 2019, the court found that plaintiffs' had standing and that their claims were ripe and clearly stated. Plaintiffs' failed, however, to address MDHHS's and MDHHS employee defendants' claim of Eleventh Amendment immunity against their damages claim and were therefore limited to pursuing injunctive relief against MDHHS. The court also refused to grant the individuals on the NGRI Committee any relief. 2019 WL 4619742. One of the individual defendants filed a motion for reconsideration of the court's decision not to dismiss all claims against him on October 4, 2019. The court granted the motion on March 6, 2020. 2020 WL 1083786. In the meantime, discovery continued and defendants sought a protective order, which was granted in part on June 8, 2020.

MDHHS employee defendants filed a motion for partial summary judgment on August 19, 2020, which plaintiffs filed a brief in opposition to on September 10, 2020. On October 29, 2020, MPAS entered into an interim settlement agreement with MDHHS, the terms of which included dismissing MPAS' claims against the MDHHS employee defendants. The terms of the settlement agreement included: distribution of patients' rights information; revised and updated NGRI policies and procedures within 180 days of the agreement; education and training; data collection and monitoring by MPAS; and $30,000 in costs. The settlement received final approval on July 20, 2021. 

On August 19, 2020, the NGRI Committee defendants sought partial summary judgment due to qualified immunity. Magistrate Judge Anthony P. Patti granted the motion and dismissed the claims against the individuals on March 27, 2021. According the court, plaintiffs failed to show that the conduct of the individual committee members, rather than the conduct of the committee as a whole, violated a constitutional right, or that they had the authority to act as individuals. As such, defendants were protected by qualified immunity and the court did not need to address whether plaintiffs' procedural and substantive due process claims were clearly established.

One of the corporate defendants, Hegira Programs, failed to respond to plaintiffs' complaint in a timely fashion, prompting plaintiffs to ask the court to enter a default judgment against Hegira Programs. The court granted Hegira's motion to set aside the default judgment but required it to pay $6000 to plaintiffs on January 29, 2021. 2021 WL 308115. On June 16, 2021, Hegira entered a motion for summary judgment. Hegira was the last remaining defendant when the court granted in part and denied in part its motion for summary judgment on July 26, 2022. The court dismissed plaintiffs' equal protection and 8th Amendment claims but their procedural and substantive due process claims and ADA and Rehabilitation Act claims survived summary judgment. The ADA and Rehabilitation Act claims survived summary judgment largely due to plaintiffs' evidence that were not placed in the most integrated setting. Plaintiffs' due process claims survived because their evidence countered Hegira's assertion that its employees did not exercise independent professional judgment. In response, Hegira filed a motion for reconsideration of the judgment on August 9, 2022, which was denied on October 20, 2022 because plaintiffs; evidence clearly met the standard to survive summary judgment (a genuine dispute as to an issue of material fact). 

On March 23, 2023, the court approved a confidential settlement agreement between the two remaining plaintiffs and defendant Hegira, the terms of which remain unknown to the Clearinghouse.

This case is now closed.

Summary Authors

NDRN (9/11/2022)

Hannah Juge (10/3/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6594454/parties/pelichet-v-gordon/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Ballentine, Hilary A. (Michigan)

Bennett, Katherine J. (Michigan)

Blum, Loren D. (Michigan)

Caffrey, Anthony F. (Michigan)

Cardelli, Thomas G. (Michigan)

show all people

Documents in the Clearinghouse

Document
1

2:18-cv-11385

Complaint

May 2, 2018

May 2, 2018

Complaint
87

2:18-cv-11385

Opinion and Order Ruling on Motion to Dismiss

Sept. 20, 2019

Sept. 20, 2019

Order/Opinion

2019 WL 2019

108

2:18-cv-11385

Opinion and Order

March 6, 2020

March 6, 2020

Order/Opinion

2020 WL 2020

151

2:18-cv-11385

Order Granting Defendant's Motion to Set Aside Entry of Default

Jan. 29, 2021

Jan. 29, 2021

Order/Opinion

2021 WL 2021

159

2:18-cv-11385

Opinion and Order Granting Motion for Partial Summary Judgment

March 29, 2021

March 29, 2021

Order/Opinion

2021 WL 2021

167

2:18-cv-11385

Order on Motion for Protective Order

April 21, 2021

April 21, 2021

Order/Opinion

2021 WL 2021

185-1

2:18-cv-11385

Final Settlement Agreement

July 20, 2021

July 20, 2021

Settlement Agreement
200

2:18-cv-11385

Stipulated Order Dismissing MDHHS Defendants with Prejudice

May 13, 2022

May 13, 2022

Order/Opinion
201

2:18-cv-11385

Order on Motion for Summary Judgment

Pelichet v. Hertel

July 26, 2022

July 26, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6594454/pelichet-v-gordon/

Last updated April 23, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6716027 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit) (Margolis, Laurence) (Entered: 05/02/2018)

1 Index of Exhibits

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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11 Exhibit

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13 Exhibit

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14 Exhibit

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15 Exhibit

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May 2, 2018

May 2, 2018

Clearinghouse
2

SUMMONS Issued for * All Defendants * (NAhm) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
3

CERTIFICATE of Service/Summons Returned Executed. Laurie Albert served on 5/4/2018, answer due 5/25/2018; Dave Barry served on 5/4/2018, answer due 5/25/2018; Carelink Network, Inc. served on 5/4/2018, answer due 5/25/2018; Joe Corso served on 5/4/2018, answer due 5/25/2018; Sharon Dodd-Kimmey served on 5/4/2018, answer due 5/25/2018; Diane Heisel served on 5/4/2018, answer due 5/25/2018; Kimberly Kulp-Osterland served on 5/4/2018, answer due 5/25/2018; Lisa Marquis served on 5/4/2018, answer due 5/25/2018; Lisa Medoff served on 5/4/2018, answer due 5/25/2018; Martha Smith served on 5/4/2018, answer due 5/25/2018. (Margolis, Laurence) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
4

CERTIFICATE of Service/Summons Returned Executed. Hanumaiah Bandla served on 5/5/2018, answer due 5/29/2018; Aruna Bavineni served on 5/7/2018, answer due 5/29/2018; Craig Lemmen served on 5/5/2018, answer due 5/29/2018; Nick Lyon served on 5/7/2018, answer due 5/29/2018; Janet Olszewski served on 5/7/2018, answer due 5/29/2018; Mary Claire Solky served on 5/7/2018, answer due 5/29/2018. (Margolis, Laurence) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
5

Order FOR CLERKS OFFICE TO AMEND THE CAPTION. Signed by District Judge Paul D. Borman. (NAhm) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Hegira Programs, Inc. served on 5/7/2018, answer due 5/29/2018; Michigan Department of Health and Human Services served on 5/7/2018, answer due 5/29/2018; Kelli Schaefer served on 5/4/2018, answer due 5/25/2018. (Margolis, Laurence) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
7

NOTICE of Appearance by Scott S. Holmes on behalf of Carelink Network, Inc.. (Holmes, Scott) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
8

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Carelink Network, Inc. (Holmes, Scott) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
9

STIPULATED ORDER to Extend Time for Defendant CareLink to File Responsive Pleading re 1 Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 6/22/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
10

NOTICE of Appearance by Katherine J. Bennett on behalf of Laurie Albert, Hanumaiah Bandla, Dave Barry, Aruna Bavineni, Joe Corso, Diane Heisel, Kimberly Kulp-Osterland, Craig Lemmen, Nick Lyon, Lisa Marquis, Lisa Medoff, Michigan Department of Health and Human Services, Kelli Schaefer, Martha Smith, Mary Claire Solky. (Bennett, Katherine) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
11

NOTICE of Appearance by Darrin F. Fowler on behalf of Laurie Albert, Hanumaiah Bandla, Dave Barry, Aruna Bavineni, Joe Corso, Diane Heisel, Kimberly Kulp-Osterland, Craig Lemmen, Nick Lyon, Lisa Marquis, Lisa Medoff, Michigan Department of Health and Human Services, Kelli Schaefer, Martha Smith, Mary Claire Solky. (Fowler, Darrin) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
12

NOTICE of Appearance by Darrin F. Fowler on behalf of Sharon Dodd-Kimmey. (Fowler, Darrin) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
13

NOTICE of Appearance by Katherine J. Bennett on behalf of Sharon Dodd-Kimmey. (Bennett, Katherine) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
14

STIPULATED ORDER Extending Time for Certain Defendants to Answer 1 Complaint. Response due by 6/29/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
15

STIPULATED ORDER to Extend Time for Defendant Dodd-Kimmey to File Responsive Pleading re 1 Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 6/29/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
16

NOTICE of Appearance by Scott L. Feuer on behalf of Charles Stern. (Feuer, Scott) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
17

ANSWER to Complaint with Jury Demand by Hegira Programs, Inc.. (Blum, Loren) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
18

ANSWER to Complaint with Affirmative Defenses by Hegira Programs, Inc.. (Blum, Loren) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

RECAP
19

ORDER of Attorney Substitution with stipulation. Attorney Paul J. Dwaihy for Lisa Medoff added. Signed by District Judge Paul D. Borman. (DTof) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
20

ANSWER to Complaint with Affirmative Defenses by Charles Stern. (Feuer, Scott) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

PACER
21

ANSWER to Complaint with Affirmative Defenses with Jury Demand by Carelink Network, Inc.. (Holmes, Scott) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
22

ANSWER to Complaint with Affirmative Defenses with Jury Demand by Lisa Medoff. (Dwaihy, Paul) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
23

MOTION to Dismiss by Laurie Albert, Hanumaiah Bandla, Dave Barry, Aruna Bavineni, Joe Corso, Sharon Dodd-Kimmey, Diane Heisel, Kimberly Kulp-Osterland, Craig Lemmen, Nick Lyon, Lisa Marquis, Michigan Department of Health and Human Services, Kelli Schaefer, Martha Smith, Mary Claire Solky. (Attachments: # 1 Exhibit 1 - Probate Order, # 2 Exhibit 2 - Amended Settled Record, # 3 Exhibit 3 - Commitment Order, # 4 Exhibit 4 - Continuing Order for Mental, # 5 Exhibit 5 - Petition for Discharge, # 6 Exhibit 6 - Notice of Hearing, # 7 Exhibit 7 - Burley v. Mich. Dept of Corrections) (Bennett, Katherine) (Entered: 06/29/2018)

1 Exhibit 1 - Probate Order

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2 Exhibit 2 - Amended Settled Record

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3 Exhibit 3 - Commitment Order

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4 Exhibit 4 - Continuing Order for Mental

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5 Exhibit 5 - Petition for Discharge

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6 Exhibit 6 - Notice of Hearing

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7 Exhibit 7 - Burley v. Mich. Dept of Corrections

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June 29, 2018

June 29, 2018

RECAP
24

EXHIBIT 5 - Petition for Discharge re 23 MOTION to Dismiss by Laurie Albert, Hanumaiah Bandla, Dave Barry, Aruna Bavineni, Joe Corso, Sharon Dodd-Kimmey, Diane Heisel, Kimberly Kulp-Osterland, Craig Lemmen, Nick Lyon, Lisa Marquis, Michigan Department of Health and Human Services, Kelli Schaefer, Mary Claire Solky (Bennett, Katherine) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
25

NOTICE OF HEARING on 23 MOTION to Dismiss . Motion Hearing set for 10/3/2018 10:30 AM before District Judge Paul D. Borman (DTof) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
26

AFFIRMATIVE DEFENSES by Charles Stern (Feuer, Scott) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
27

AFFIRMATIVE DEFENSES by Carelink Network, Inc. (Holmes, Scott) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
28

AFFIRMATIVE DEFENSES by Lisa Medoff (Dwaihy, Paul) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
29

MOTION Dismiss claim against Defendant Stern by Charles Stern. (Feuer, Scott) (Entered: 08/02/2018)

Aug. 2, 2018

Aug. 2, 2018

PACER
30

NOTICE OF HEARING on 23 MOTION to Dismiss, 29 MOTION Dismiss claim against Defendant Stern . Motion Hearing set for 10/3/2018 10:30 AM before District Judge Paul D. Borman (DTof) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
31

MOTION for Leave to File First Amended Complaint by All Plaintiffs. (Attachments: # 1 Exhibit Amended Complaint) (Margolis, Laurence) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
32

MOTION to Dismiss by Lisa Medoff. (Ballentine, Hilary) [NOTICE OF HEARING ATTACHED] Modified on 8/9/2018 (NAhm). (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
33

RESPONSE to 31 MOTION for Leave to File First Amended Complaint filed by Carelink Network, Inc.. (Holmes, Scott) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
34

RESPONSE to 31 MOTION for Leave to File First Amended Complaint filed by Lisa Medoff. (Ballentine, Hilary) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
35

RESPONSE to 29 MOTION Dismiss claim against Defendant Stern filed by All Plaintiffs. (Margolis, Laurence) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
36

RESPONSE to 32 MOTION to Dismiss filed by All Plaintiffs. (Margolis, Laurence) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER

TEXT-ONLY NOTICE: Motion Hearing set for 10/03/2018 is Cancelled. (DTof)

Sept. 4, 2018

Sept. 4, 2018

PACER
37

ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 31 MOTION for Leave to File First Amended Complaint filed by Bonn Washington, Darryl Pelichet. Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
38

ORDER of DISQUALIFICATION and REASSIGNING CASE from Magistrate Judge Mona K. Majzoub to Magistrate Judge David R. Grand. (SSch) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
39

ORDER REFERRING MOTION to Magistrate Judge David R. Grand: 31 MOTION for Leave to File First Amended Complaint filed by Bonn Washington, Darryl Pelichet. Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
40

REPLY to Response re 29 MOTION Dismiss claim against Defendant Stern filed by Charles Stern. (Feuer, Scott) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
41

ORDER of DISQUALIFICATION and REASSIGNING CASE from Magistrate Judge David R. Grand to Magistrate Judge Anthony P. Patti. (SSch) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
42

ORDER REFERRING MOTION to Magistrate Judge Anthony P. Patti: 31 MOTION for Leave to File First Amended Complaint filed by Bonn Washington, Darryl Pelichet. Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
43

REPLY to Response re 32 MOTION to Dismiss filed by Lisa Medoff. (Ballentine, Hilary) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER

TEXT-ONLY ORDER: Plaintiff's Motion for Leave to file an Amended Complaint is GRANTED as unopposed and because "leave shall be freely granted when justice so requires." Fed. R. Civ. P. 15(a)(2).-- Entered by Magistrate Judge Anthony P. Patti. re: 31 MOTION for Leave to File First Amended Complaint filed by Bonn Washington, Darryl Pelichet. (MWil)

Sept. 13, 2018

Sept. 13, 2018

PACER

TEXT-ONLY NOTICE: Motion Hearing on 10/3/2018 is Cancelled. (DTof)

Sept. 14, 2018

Sept. 14, 2018

PACER
44

AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Margolis, Laurence) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER

REQUEST for SUMMONS for Behavioral Health Professionals, Incorporated, New Center Community Services, Inc.. (Margolis, Laurence)

Sept. 14, 2018

Sept. 14, 2018

PACER
45

NOTICE of Appearance by Andrea L. Rizor on behalf of Michigan Protection and Advocacy Service, Incorporated. (Rizor, Andrea) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
46

NOTICE of Appearance by Chris E. Davis on behalf of Michigan Protection and Advocacy Service, Incorporated. (Davis, Chris) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
47

SUMMONS Issued for *Behavioral Health Professionals, Incorporated, New Center Community Services, Inc.* (DAll) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
48

STIPULATED ORDER to Extend Time for MDHHS Defendants to File Responsive Pleading re 44 Amended Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 10/12/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
49

MOTION to Dismiss by Charles Stern. (Feuer, Scott) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

RECAP
50

STIPULATION AND ORDER to Extend Time for defendant CareLink to File Responsive Pleading re 44 Amended Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 10/19/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
51

STIPULATION to Extend Deadline for Defendant Lisa Medoff to File Response to First Amended Complaint by Lisa Medoff (Dwaihy, Paul) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
52

ORDER to Extend Time for Defendant Lisa Medoff to File Responsive Pleading re 44 Amended Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 10/19/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
53

CERTIFICATE of Service/Summons Returned Executed. Behavioral Health Professionals, Incorporated served on 9/18/2018, answer due 10/9/2018. (Margolis, Laurence) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

PACER
54

ORDER Regarding Brief page limit. Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
55

STIPULATION AND ORDER to Extend Time for Defendant Behavioral Health Professionals to File Responsive Pleading re 44 Amended Complaint filed by Bonn Washington, Darryl Pelichet. Response due by 10/23/2018 Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
56

MOTION to Dismiss First Amended Complaint by Laurie Albert, Hanumaiah Bandla, Dave Barry, Aruna Bavineni, Joe Corso, Sharon Dodd-Kimmey, Diane Heisel, Kimberly Kulp-Osterland, Craig Lemmen, Nick Lyon, Lisa Marquis, Michigan Department of Health and Human Services, Kelli Schaefer, Martha Smith, Mary Claire Solky. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - 1/30/18 Court Order, # 3 Exhibit 2 - 3/27/07 Amended Settled Record, # 4 Exhibit 3 - 3/12/07 Commitment Order, # 5 Exhibit 4 - 10/11/17 Order, # 6 Exhibit 5 - 4/3/18 Petition, # 7 Exhibit 6 - 10/1/18 Order, # 8 Exhibit 7 - 4/21/17 Order, # 9 Exhibit 8 - 7/11/2014 Settled Record, # 10 Exhibit 9 - 11/29/2017 Order, # 11 Exhibit 10 - Caldwell v. Michigan, No. 09-12217, 2009 U.S. Dist. LEXIS 76220 (E.D. Mich. Aug. 26, 2009), # 12 Exhibit 11 - Lemmen Form CS-301) (Bennett, Katherine) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

PACER
57

STIPULATION AND ORDER extending page limitation for Defendant Behavioral Health Professionals, Inc. Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
58

STIPULATION AND ORDER extending page limitation as to Defendant CareLink Network, Inc. Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
59

STIPULATION To Extend Page Limitation of Brief in Support of Motion to Dismiss by Lisa Medoff (Dwaihy, Paul) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
60

RESPONSE to 49 MOTION to Dismiss Amended Complaint filed by All Plaintiffs. (Margolis, Laurence) Modified on 10/17/2018 (DWor). [DOCUMENT FILED BY DARRYL PELICHET, ONLY] (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
61

ORDER Extending Page Limitation for Defendant Lisa Medoff's Motion to Dismiss. Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

PACER
62

MOTION to Dismiss by Carelink Network, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Holmes, Scott) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
63

MOTION to Dismiss First Amended Complaint, MOTION to Dismiss by Lisa Medoff. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A) (Ballentine, Hilary) Modified on 10/19/2018 (DWor). [DOCUMENT ENTITLED "MOTION TO DISMISS FIRST AMENDED COMPLAINT AND JOINDER AND CONCURRENCE WITH HDHHS DEFENDANTS' MOTION TO DISMISS FIRST AMENDED COMPLAINT (R.E. 56) AND DEFENDANT CHARLES STERN'S MOTION TO DISMISS (R.E. 49)"] (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
64

MOTION to Dismiss by Behavioral Health Professionals, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7) (Holmes, Scott) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
65

REPLY to Response re 64 MOTION to Dismiss, 49 MOTION to Dismiss, 62 MOTION to Dismiss, 56 MOTION to Dismiss First Amended Complaint, 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss filed by Charles Stern. (Feuer, Scott) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
66

STIPULATED ORDER re: page limits and Set Motion and R&R Deadlines/Hearings as to 56 MOTION to Dismiss First Amended Complaint :( Response due by 11/16/2018) Signed by District Judge Paul D. Borman. (DTof) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
67

STIPULATED ORDER Regarding Page Length of Brief. Signed by District Judge Paul D. Borman. (DTof) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
68

STIPULATION AND ORDER, Behavioral Health Professionals, Incorporated and Carelink Network, Inc. dismissed. Signed by District Judge Paul D. Borman. (DTof) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
69

RESPONSE to 56 MOTION to Dismiss First Amended Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1: Briefing for In Re Washington, # 2 Exhibit Exhibit 2: Transcript of Preliminary Motions, In Re Pelichet 1.29.18, # 3 Exhibit Exhibit 3: Transcript of Preliminary Motions, In Re Pelichet 5.31.17, # 4 Exhibit Exhibit 4: Ragland Progress Note Re: NGRI Contract Interpretation, # 5 Exhibit Exhibit 5: Clinical Certificate Completed by Dr. John Head 9.17.18, # 6 Exhibit Exhibit 6: ORR Report Re. Stern Testimony on 5.31.17) (Margolis, Laurence) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
70

STIPULATED ORDER., Set Motion and R&R Deadlines/Hearings as to 56 MOTION to Dismiss First Amended Complaint :( Reply due by 12/14/2018) Signed by District Judge Paul D. Borman. (DTof) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
71

RESPONSE to 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss by Lisa Medoff filed by All Plaintiffs. (Margolis, Laurence) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER
72

NOTICE OF HEARING on 56 MOTION to Dismiss First Amended Complaint. Motion Hearing set for 2/6/2019 03:00 PM before District Judge Paul D. Borman (DTof) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
73

NOTICE OF HEARING on 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing set for 2/13/2019 03:00 PM before District Judge Paul D. Borman (DTof) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER

RESET TIME as to 56 MOTION to Dismiss First Amended Complaint. Motion Hearing set for 2/6/2019 02:30 PM before District Judge Paul D. Borman (DTof)

Dec. 7, 2018

Dec. 7, 2018

PACER

RESET TIME as to 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing set for 2/13/2019 02:30 PM before District Judge Paul D. Borman (DTof)

Dec. 7, 2018

Dec. 7, 2018

PACER
74

STIPULATED ORDER., Set Motion and R&R Deadlines/Hearings as to 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss :( Reply due by 12/31/2018) Signed by District Judge Paul D. Borman. (DTof) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
75

REPLY to Response re 56 MOTION to Dismiss First Amended Complaint filed by Michigan Department of Health and Human Services. (Attachments: # 1 Exhibit) (Bennett, Katherine) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
76

REPLY to Response re 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss First Amended Complaint and Joinder and Concurrence with MDHHS Defendants' Reply Brief (R.E. 75) and Defendant Charles Stern's Reply Brief (R.E. 65) filed by Lisa Medoff. (Ballentine, Hilary) (Entered: 12/31/2018)

Dec. 31, 2018

Dec. 31, 2018

PACER
77

RE-NOTICE OF HEARING on 56 MOTION to Dismiss First Amended Complaint. Motion Hearing RESET for 2/28/2019 02:30 PM before District Judge Paul D. Borman (DTof) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

PACER
78

RE-NOTICE OF HEARING on 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing RESET for 3/6/2019 02:30 PM before District Judge Paul D. Borman (DTof) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

PACER
79

RE-NOTICE OF HEARING on 56 MOTION to Dismiss First Amended Complaint. Motion Hearing RESET for 3/1/2019 02:00 PM before District Judge Paul D. Borman (FROM 2/28/2019) (DTof) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
80

RE-NOTICE OF HEARING on 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing RESET for 3/14/2019 02:30 PM before District Judge Paul D. Borman (DTof) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER

RESET TIME as to 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing RESET (TIME ONLY) for 3/14/2019 03:30 PM before District Judge Paul D. Borman (DTof)

Feb. 27, 2019

Feb. 27, 2019

PACER
81

ATTORNEY APPEARANCE: James M. Gallagher appearing on behalf of All Plaintiffs (Gallagher, James) [Darryl Pelichet, Bonn Washington, Joshua Raglan and Darius Bickerstaff] (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER

Set/Reset Deadlines as to 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss, 49 MOTION to Dismiss . Motion Hearing RESET for 3/20/2019 03:00 PM before District Judge Paul D. Borman (DTof)

March 1, 2019

March 1, 2019

PACER

Minute Entry for proceedings before District Judge Paul D. Borman: Motion Hearing held on 3/1/2019 re 56 MOTION to Dismiss First Amended Complaint filed by Sharon Dodd-Kimmey, Michigan Department of Health and Human Services, Dave Barry, Lisa Marquis, Laurie Albert, Mary Claire Solky, Aruna Bavineni, Craig Lemmen, Kelli Schaefer, Nick Lyon, Kimberly Kulp-Osterland, Martha Smith, Diane Heisel, Joe Corso, Hanumaiah Bandla Disposition: Motion taken under advisement (Court Reporter: Leann Lizza) (DTof)

March 1, 2019

March 1, 2019

PACER
82

TRANSCRIPT of Defendants' Motion To Dismiss held on 03/01/2019. (Court Reporter: Leann S. Lizza) (Number of Pages: 63) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 4/8/2019. Redacted Transcript Deadline set for 4/18/2019. Release of Transcript Restriction set for 6/17/2019. Transcript may be viewed at the court public terminal or purchased through the Court Reporter (WWW.TRANSCRIPTORDERS.COM) before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Lizza, L.) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER

Minute Entry for proceedings before District Judge Paul D. Borman: Motion Hearing held on 3/20/2019 re 63 MOTION to Dismiss First Amended Complaint MOTION to Dismiss filed by Lisa Medoff, 49 MOTION to Dismiss filed by Charles Stern Disposition: Motions taken under advisement (Court Reporter: Leann Lizza) (DTof)

March 20, 2019

March 20, 2019

PACER
83

TRANSCRIPT of Defendants' Motion To Dismiss held on 03/20/2019. (Court Reporter: Leann S. Lizza) (Number of Pages: 55) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/16/2019. Redacted Transcript Deadline set for 5/28/2019. Release of Transcript Restriction set for 7/24/2019. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Lizza, L.) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
84

MOTION to Permit Limited Discovery Prior to Rule 26(f) Conference, and to Compel Preservation of Certain Evidence by All Plaintiffs. (Margolis, Laurence) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
85

SUPPLEMENTAL BRIEF re 84 MOTION to Permit Limited Discovery Prior to Rule 26(f) Conference, and to Compel Preservation of Certain Evidence filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Margolis, Laurence) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
86

STIPULATED ORDER; Set Motion and R&R Deadlines/Hearings as to 84 MOTION to Permit Limited Discovery Prior to Rule 26(f) Conference, and to Compel Preservation of Certain Evidence :( Response due by 10/4/2019) Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
87

OPINION AND ORDER RULING ON MOTIONS TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6): (1)DENYING DEFENDANT ROBERT GORDON, IN HIS OFFICIAL CAPACITY, MOTION TO DISMISS(2)GRANTING MDHHS MANAGEMENT EMPLOYEE DEFENDANTS SOLKY, ALBERT, BANDLA, MEDOFF MOTION TO DISMISS IN THEIR OFFICIAL AND INDIVIDUAL CAPACITY (3)DENYING NGRI COMMITTEE MEMBERS MOTION TO DISMISS IN THEIR OFFICIAL AND INDIVIDUAL CAPACITY: DODD-KIMMEY, LEMMEN, KULP-OLSTERLAND, MARQUIS, BARRY, SCHAEFFER, CORSO, HEISEL(4) DENYING DEFENDANT CHARLES STERN, Ph.D.s MOTION TO DISMISS IN HIS INDIVIDUAL CAPACITY, EXCEPT FOR THE EIGHTH AMENDMENT CLAIM WHICH IS DISMISSED; and(5) GRANTING DEFENDANT LISA MEDOFF, Ph.D.s MOTION TO DISMISS IN HER OFFICIAL AND INDIVIDUAL CAPACITY(6) GRANTING MDHHS MOTION TO DISMISS DEFENDANT DR. ARUNA BAVINENI IN HER OFFICIAL AND INDIVIDUAL CAPACITY. Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

Clearinghouse
88

REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Hegira Programs, Inc. by All Plaintiffs. (Margolis, Laurence) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
89

CLERK'S ENTRY OF DEFAULT as to *Hegira Programs, Inc.* (LGra) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
90

STIPULATED ORDER EXTENDING TIME FOR MDHHS DEFENDANTS TO FILE ANSWER TO FIRST AMENDED COMPLAINT Response due by 11/1/2019 Signed by District Judge Paul D. Borman. (DTof) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Disability Rights

Key Dates

Filing Date: May 2, 2018

Closing Date: March 23, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual plaintiffs and Michigan Protection and Advocacy Services (MPAS)

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Mich. Dept. of Health Human Svc, State

Hegira Programs, Private Entity/Person

Carelink Services, Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Reporting

Recordkeeping

Monitoring

Training

Amount Defendant Pays: $30,000

Issues

General/Misc.:

Deinstitutionalization/decarceration

Discharge & termination plans

Reassessment and care planning

Disability and Disability Rights:

Mental Illness, Unspecified

Mental impairment

P&A access authority

P&A Associational Standing

Schizophrenia

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities