Case: Taylor v. Detroit

2:20-cv-11860 | U.S. District Court for the Eastern District of Michigan

Filed Date: July 9, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the affordability of water and water shutoffs in Detroit, MI. On July 9, 2020, six individuals seeking to represent four classes and the nonprofit People’s Water Board Coalition filed this class action lawsuit in the United States District Court for the Eastern District of Michigan Southern Division. The classes they sought to represent include: current and future Detroit residents who reside in, or live in close proximity to, neighborhoods where disease has spread widely a…

This is a case about the affordability of water and water shutoffs in Detroit, MI. On July 9, 2020, six individuals seeking to represent four classes and the nonprofit People’s Water Board Coalition filed this class action lawsuit in the United States District Court for the Eastern District of Michigan Southern Division. The classes they sought to represent include: current and future Detroit residents who reside in, or live in close proximity to, neighborhoods where disease has spread widely and has caused high rates of infection because of significant numbers of water shutoffs; current and future Detroit Water and Sewerage Department (DWSD) customers who are or will be at risk of becoming physically ill because they lack water service or are “water insecure”; residential DWSD customers who, within the last two years, have had their water service disconnected by Detroit for non-payment without Detroit first determining whether they had the means to pay and willfully refused to do so; and all Black residents of Detroit who, within the last two years, have had their water service disconnected by Detroit for non-payment or are at risk of losing water service once the city resumes shutoffs. The plaintiffs sued the City of Detroit, the Governor of Michigan, the Mayor of Detroit, and the Director of DWSD under the Fourteenth Amendment, the Fair Housing Act (FHA), and state law. Represented by the ACLU of Michigan, the Michigan Poverty Law Program, the NAACP Legal Defense and Educational Fund, Inc., and private counsel, the plaintiffs sought declaratory relief and attorneys’ fees. The plaintiffs also sought a permanent injunction prohibiting the defendants from engaging in the unconstitutional and/or discriminatory conduct and requiring the defendants to take all steps necessary to remedy the effect of such conduct and prevent similar occurrences in the future. Finally, the plaintiffs sought compensatory damages for their violations of the constitution, FHA, and state law for injuries including monetary loss, humiliation, embarrassment, emotional distress, and depravation of rights. The plaintiffs sought punitive damages for the FHA violation for the City of Detroit’s disregard for the plaintiff’s rights and to deter the City from engaging in similar conduct in the future. 

Plaintiffs claimed that the defendants shut off water as a collection method even though many households subject to termination cannot afford to pay market rates for water service. The lack of water service in many residents’ homes was humiliating to residents because of the City's practice of marking customers’ homes with bright blue paint when their water service was or was about to be disconnected, leading to the stigmatization of residents. According to plaintiffs, defendants established or used ineffective water assistance programs, which ensured a chronic lack of access to water to low income families. Defendants started the Water Restart Plan due to Covid, effectively admitting the correlation between the lack of water service and the spread of disease. The Governor did not ensure compliance. Defendants planned to resume the use of water shutoffs as a collection method after the coronavirus crisis had passed. It did not further any government interest to collect unpaid water debt by disconnecting the water service of predominately Black residential customers who did not have the means to pay because they were indigent, particularly as the disconnection of water service would result in increased risk of infection from COVID-19 and other diseases. Plaintiffs also alleged that the worsening of the pandemic would cause the City to suffer from increased hospitalizations and decrease in tax revenue. The case was assigned to District Judge Stephanie Dawkins Davis, but reassigned to District Judge Linda V. Parker on September 14, 2020. One week later the case was reassigned again to District Judge Denise Page Hood.

On August 6, 2020 the Governor moved to dismiss. She alleged Eleventh Amendment immunity, that there was no constitutional right to water service or protection of the public, and that there was no state-created danger. The other defendants also filed a motion to dismiss on August 27, 2020. They argued there was no due process claim as the plaintiffs lacked standing, didn’t allege conscience shocking behavior, and the right to bodily integrity did not encompass the right to be free of disease from a lack of water. The defendants also discredited the equal protection claim as a fundamental liberty interest was not being deprived and the City's policy was rationally related to a legitimate public purpose. As for the FHA and state law claims, defendants argued they were outside the scope of the statutes and the FHA claim fell short of disparate impact, which the plaintiffs also failed to state. In February of 2021 Judge Hood held a motion hearing. 

The plaintiffs moved to compel mediation on February 7, 2022, which was denied October 4, 2022. 

On December 12, 2022, the plaintiffs moved for a preliminary injunction prohibiting the defendants from terminating water service for purposes of debt collection or otherwise as a response to non-payment of water bills. As of December 29, 2022, the case is ongoing. 

Summary Authors

Zoe Van Dyke (12/29/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17334944/parties/taylor-v-detroit-city-of/


Judge(s)
Attorney for Plaintiff

Bailey, Jason Paul (Michigan)

Brown, Lorray S.C. (Michigan)

El-Johnson, Melissa Z. (Michigan)

Attorney for Defendant

Bettenhausen, Margaret A. (Michigan)

Expert/Monitor/Master/Other

Corrigan, Zachary Burke (Michigan)

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Documents in the Clearinghouse

Document
1

2:20-cv-11860

Class Action Complaint; Jury Trial Demanded

July 9, 2020

July 9, 2020

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17334944/taylor-v-detroit-city-of/

Last updated March 9, 2024, 3:10 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: AMIEDC-7914957 - 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 Index of Exhibits, # 2 Exhibit City of Detroit Water & Sewerage Department, Interim Collection Rules and Procedures, # 3 Exhibit Request for MDHHS Declaratory Ruling, # 4 Exhibit MDHHS Denial of Request for Declaratory Ruling) (Fancher, Mark) (Entered: 07/09/2020)

1 Index of Exhibits Index of Exhibits

View on RECAP

2 Exhibit City of Detroit Water & Sewerage Department, Interim Collection Rules an

View on RECAP

3 Exhibit Request for MDHHS Declaratory Ruling

View on RECAP

4 Exhibit MDHHS Denial of Request for Declaratory Ruling

View on RECAP

July 9, 2020

July 9, 2020

Clearinghouse

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

July 9, 2020

July 9, 2020

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DPer)

July 9, 2020

July 9, 2020

PACER
2

SUMMONS Issued for * All Defendants * (DPer) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
3

NOTICE of Appearance by Daniel S. Korobkin on behalf of All Plaintiffs. (Korobkin, Daniel) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
4

NOTICE of Appearance by Monique Lin-Luse on behalf of All Plaintiffs. (Lin-Luse, Monique) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
5

NOTICE of Appearance by Coty Rae Montag on behalf of All Plaintiffs. (Montag, Coty) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
6

NOTICE of Appearance by Jason Paul Bailey on behalf of All Plaintiffs. (Bailey, Jason) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
7

CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Fancher, Mark) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
8

ATTORNEY APPEARANCE: Lorray S.C. Brown appearing on behalf of All Plaintiffs (Brown, Lorray) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
9

NOTICE of Appearance by Kurt Thornbladh on behalf of All Plaintiffs. (Thornbladh, Kurt) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
10

NOTICE of Appearance by Alice B. Jennings on behalf of All Plaintiffs. (Jennings, Alice) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
11

NOTICE of Appearance by Hallam Stanton on behalf of Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
12

ATTORNEY APPEARANCE: Melissa Z. El-Johnson appearing on behalf of All Plaintiffs (El-Johnson, Melissa) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
13

STIPULATION Granting defendants City of Detroit, Michael Duggan and Gary Brown a 21-Day Extension to file a Response to Plaintiffs' Complaint by Lisa Brooks, Gary Brown, Michele Cowan, Detroit, City of, Michael Duggan, Tuana Henry, Mattie McCorkle, People's Water Board Coalition, Jacqueline Taylor, Renee Wilson (THal) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
14

ORDER re 13 Stipulation granting Defendants City of Detroit, Michael Duggan and Gary Brown a 21 Day Extension to file a Response to Plaintiffs' Complaint. Answer due by 8/27/2020. Signed by District Judge Stephanie Dawkins Davis. (THal) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
15

NOTICE of Appearance by Margaret A. Bettenhausen on behalf of Gretchen Whitmer. (Bettenhausen, Margaret) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
16

NOTICE of Appearance by Mark G. Sands on behalf of Gretchen Whitmer. (Sands, Mark) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
17

MOTION to Dismiss by Gretchen Whitmer. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - EO 2020-28, # 3 Exhibit 2 - 4/10/2020 Report, # 4 Exhibit 3 - 5/11/2020 Report, # 5 Exhibit 4 - 6/12/2020 Report, # 6 Exhibit 5 - 7/13/2020 Report, # 7 Exhibit 6 - EO 2020-144) (Sands, Mark) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
18

NOTICE by Gretchen Whitmer re 17 MOTION to Dismiss (Sands, Mark) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
19

MOTION for Leave to File Excess Pages by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 08/26/2020)

Aug. 26, 2020

Aug. 26, 2020

PACER
20

RESPONSE to 17 MOTION to Dismiss filed by All Plaintiffs. (Fancher, Mark) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

PACER

Text-Only Order

Aug. 27, 2020

Aug. 27, 2020

PACER

TEXT-ONLY ORDER Granting 19 MOTION for Leave to File Excess Pages filed by Gary Brown, Detroit, City of, Michael Duggan. Signed by District Judge Stephanie Dawkins Davis. (THal)

Aug. 27, 2020

Aug. 27, 2020

PACER
21

MOTION to Dismiss by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

RECAP
22

REPLY to Response re 17 MOTION to Dismiss filed by Gretchen Whitmer. (Sands, Mark) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
23

ORDER REASSIGNING CASE from District Judge Stephanie Dawkins Davis in Flint to District Judge Linda V. Parker in Detroit. (NAhm) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
24

Ex Parte MOTION for Leave to File Excess Pages by All Plaintiffs. (Montag, Coty) (Entered: 09/16/2020)

Sept. 16, 2020

Sept. 16, 2020

PACER

Order on Motion for Leave to File Excess Pages

Sept. 16, 2020

Sept. 16, 2020

PACER

TEXT-ONLY ORDER Granting 24 Motion for Leave to File Excess Pages. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou)

Sept. 16, 2020

Sept. 16, 2020

PACER
25

RESPONSE to 21 MOTION to Dismiss filed by All Plaintiffs. (Montag, Coty) (Entered: 09/17/2020)

Sept. 17, 2020

Sept. 17, 2020

RECAP

Order on Motion for Leave to File Excess Pages

Sept. 17, 2020

Sept. 17, 2020

PACER
26

ORDER REASSIGNING CASE from District Judge Linda V. Parker to District Judge Denise Page Hood. (ATee) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

PACER
27

MOTION for Leave to File an Amici Curiae Brief by Food & Water Watch, For Love of Water. (Attachments: # 1 Exhibit A, Proposed Amici Curiae Brief, # 2 Certificate of Service) (Corrigan, Zachary) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
28

ATTORNEY APPEARANCE: Cynthia Heenan appearing on behalf of Food & Water Watch, For Love of Water Amici Curiae (Heenan, Cynthia) (Entered: 09/28/2020)

Sept. 28, 2020

Sept. 28, 2020

PACER
29

Ex Parte MOTION for Leave to File Excess Pages by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
30

ORDER Granting Defendants City of Detroit, Mayor Michael Duggan and Gary Brown's Ex Parte Motion for Leave to File Excess Pages 29 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
31

REPLY to Response re 21 MOTION to Dismiss filed by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

PACER
32

RESPONSE to 27 MOTION for Leave to File an Amici Curiae Brief filed by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 10/08/2020)

Oct. 8, 2020

Oct. 8, 2020

PACER
33

NOTICE of Appearance by Bonsitu A. Kitaba on behalf of All Plaintiffs. (Kitaba, Bonsitu) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
34

ORDER Granting Leave to File Amici Curiae Brief in Opposition to Defendants the City of Detroit, Mayor Michael Duggan, and Gary Brown's Motion to Dismiss Plaintiffs' Complaint Under Fed. R. Civ. P. 12(B)(6) 27 . Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
35

NOTICE OF HEARING BY VIDEO CONFERENCE on 21 MOTION to Dismiss, 17 MOTION to Dismiss . Motion Hearing set for 1/21/2021 10:30 AM before District Judge Denise Page Hood |Zoom Webinar Information: https://www.zoomgov.com/j/1619386023?pwd=MFhDUEpIMGZrak1vZkIwQWhzOE9iUT09 Passcode: 494470 Or iPhone one-tap : US: +16692545252,,1619386023# or +16468287666,,1619386023#| (LSau) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
36

MOTION for Leave to File a Supplemental Brief by Gary Brown, Detroit, City of, Michael Duggan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Detroit Water Shutoff Press Release, # 3 Exhibit Proposed Supplemental Brief) (Stanton, Hallam) Modified on 1/12/2021 (LSau). (Entered: 12/18/2020)

1 Index of Exhibits

View on PACER

2 Exhibit Detroit Water Shutoff Press Release

View on PACER

3 Exhibit Proposed Supplemental Brief

View on PACER

Dec. 18, 2020

Dec. 18, 2020

PACER
37

STIPULATION AND ORDER GRANTING PLAINTIFFS AN EXTENSION TO FILE A RESPONSE TO DEFENDANTS THE CITY OF DETROIT, MAYOR MICHAEL DUGGAN, AND GARY BROWNS MOTION FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF ( Response due by 1/11/2021) Signed by District Judge Denise Page Hood. (DTof) (Entered: 12/22/2020)

Dec. 22, 2020

Dec. 22, 2020

PACER
38

RESPONSE to 36 MOTION for Leave to File a Supplemental Brief filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - 2020.10.09 Executive Order, # 3 Exhibit 2 - 2020.10.27 Bailey ltr, # 4 Exhibit 3 - 2020.10.28 Stanton email) (Bailey, Jason) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
39

NOTICE OF HEARING BY VIDEO CONFERENCE on 36 MOTION for Leave to File a Supplemental Brief, 21 MOTION to Dismiss, 17 MOTION to Dismiss . Motion Hearing set for 2/3/2021 09:30 AM before District Judge Denise Page Hood |Zoom Webinar Information: https://www.zoomgov.com/j/1619386023?pwd=MFhDUEpIMGZrak1vZkIwQWhzOE9iUT09 Passcode: 494470 Or iPhone one-tap : US: +16692545252,,1619386023# or +16468287666,,1619386023#| (LSau) (Entered: 01/12/2021)

Jan. 12, 2021

Jan. 12, 2021

PACER
40

NOTICE of Appearance by Charles N. Raimi on behalf of Gary Brown, Detroit, City of, Michael Duggan. (Raimi, Charles) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
41

NOTICE of Appearance by James D. Noseda on behalf of Gary Brown, Detroit, City of, Michael Duggan. (Noseda, James) (Entered: 01/13/2021)

Jan. 13, 2021

Jan. 13, 2021

PACER
42

REPLY to Response re 36 MOTION for Leave to File a Supplemental Brief filed by Gary Brown, Detroit, City of, Michael Duggan. (Stanton, Hallam) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

RECAP

Motion Hearing

Feb. 3, 2021

Feb. 3, 2021

PACER

Minute Entry for proceedings before District Judge Denise Page Hood: Motion Hearing held on 2/3/2021 re 21 MOTION to Dismiss filed by Gary Brown, Detroit, City of, Michael Duggan, 17 MOTION to Dismiss filed by Gretchen Whitmer, 36 MOTION for Leave to File a Supplemental Brief filed by Gary Brown, Detroit, City of, Michael Duggan Disposition: Motion taken under advisement (Court Reporter: Sheri Ward) (LSau)

Feb. 3, 2021

Feb. 3, 2021

PACER
43

STIPULATION AND ORDER granting leave to withdraw appearance. Signed by District Judge Denise Page Hood. (DPer) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

RECAP
44

STIPULATION AND ORDER Granting Leave to Withdraw Appearance. Signed by District Judge Denise Page Hood. (LSau) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
45

MOTION to Compel Mediation by All Plaintiffs. (Attachments: # 1 Document Continuation Brief in Support of Plaintiffs' Motion to Compel Mediation) (Fancher, Mark) (Entered: 02/07/2022)

Feb. 7, 2022

Feb. 7, 2022

PACER
46

NOTICE OF IN PERSON HEARING on 45 MOTION to Compel Mediation. Motion Hearing set for 4/12/2022 03:00 PM before District Judge Denise Page Hood (LSau) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
47

RESPONSE to 45 MOTION to Compel Mediation filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Raimi, Charles) (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
48

RESPONSE to 45 MOTION to Compel Mediation filed by Gretchen Whitmer. (Sands, Mark) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER
49

REPLY to Response re 45 MOTION to Compel Mediation filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Legality of Water Affordability Plan) (Fancher, Mark) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
50

REPLY to Response re 45 MOTION to Compel Mediation and in Reply to Governor Whitmer filed by All Plaintiffs. (Fancher, Mark) (Entered: 02/28/2022)

Feb. 28, 2022

Feb. 28, 2022

PACER

Motion Hearing

April 12, 2022

April 12, 2022

PACER

Minute Entry for in-person proceedings before District Judge Denise Page Hood: Motion Hearing held on 4/12/2022 re 45 MOTION to Compel Mediation filed by Mattie McCorkle, Lisa Brooks, Jacqueline Taylor, Tuana Henry, Michele Cowan, Renee Wilson, People's Water Board Coalition Disposition: Motion taken under advisement (Court Reporter: Sheri Ward) (LSau)

April 12, 2022

April 12, 2022

PACER
51

MOTION for Withdrawal of Attorney Zachary B. Corrigan by Food & Water Watch, For Love of Water. (Corrigan, Zachary) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
52

ORDER Granting 51 Attorney Zachary B. Corrigan's Motion to Withdraw as Counsel for Food & Water Watch, for Love of Water.. Signed by District Judge Denise Page Hood. (LSau) (Entered: 06/03/2022)

June 3, 2022

June 3, 2022

PACER
53

ORDER Denying 45 Motion to Compel Mediation. Signed by District Judge Denise Page Hood. (LSau) (Entered: 10/04/2022)

Oct. 4, 2022

Oct. 4, 2022

PACER
54

Motion for Preliminary Injunction

1 Index of Exhibits

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2 Exhibit 1: Declaration of Dr. Nadia Gaber

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3 Exhibit 2: Declaration of Tuana Henry

View on PACER

4 Exhibit 3: Declaration of Jacqueline Taylor

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5 Exhibit 4: Declaration of Sylvia Orduo

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6 Exhibit 5: Declaration of Dr. Samuel Stolper

View on PACER

7 Exhibit 6: Lifeline Brochure/Policy Plan Overview and FAQs

View on PACER

8 Exhibit 7: Click on Detroit News Article

View on PACER

9 Exhibit 8: Circle of Blue Podcast

View on PACER

10 Exhibit 9: Excerpt from Food & Water Watch

View on PACER

11 Exhibit 10: Declaration of Lisa Brooks

View on PACER

Dec. 12, 2022

Dec. 12, 2022

RECAP
55

Motion to Expedite

Dec. 12, 2022

Dec. 12, 2022

PACER
56

Certificate of Service

Dec. 21, 2022

Dec. 21, 2022

PACER
57

Notice of Hearing on Motion

Dec. 21, 2022

Dec. 21, 2022

RECAP
58

Stipulation and Order

Dec. 27, 2022

Dec. 27, 2022

RECAP
59

Response to Motion

1 Index of Exhibits

View on PACER

2 Exhibit Affidavit of Gary Brown

View on PACER

3 Exhibit Motion and Brief to Dismiss under Rule 12(b)(6), ECF 21

View on PACER

4 Exhibit Reply Brief in Support of Motion to Dismiss, ECF 31

View on PACER

5 Exhibit Articel, September 9, 2021, Scientific American

View on PACER

Jan. 4, 2023

Jan. 4, 2023

PACER
60

Notice of Appearance

Jan. 5, 2023

Jan. 5, 2023

RECAP
61

Reply to Response to Motion

Jan. 13, 2023

Jan. 13, 2023

RECAP

Motion Hearing

Jan. 23, 2023

Jan. 23, 2023

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Public Benefits/Government Services

Fair Housing/Lending/Insurance

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: July 9, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six Detroit, MI residents whose water had been shut off due to nonpayment and the nonprofit People’s Water Board Coalition

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU of Michigan

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

City of Detroit (Detroit, Wayne), City

Governor of Michigan, State

Director of Detroit Water and Sewerage Department (Detroit, Wayne), City

Defendant Type(s):

Sanitation/Public Works

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

State law

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

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/Misc.:

Bathing and hygiene

Food service / nutrition / hydration

Government services

Public assistance grants

Racial segregation

Sanitation / living conditions

Discrimination Basis:

Race discrimination

Affected Race(s):

Black