Case: Hadix v. Caruso

4:92-cv-00110 | U.S. District Court for the Western District of Michigan

Filed Date: June 5, 1992

Closed Date: Sept. 29, 2015

Clearinghouse coding complete

Case Summary

NOTE: There are two separate cases, in two separate district courts, with the caption Hadix. The first one, in the Eastern District of Michigan, was filed in 1980, under docket number 2:80-cv-73581-JF. (It is in the Clearinghouse as PC-MI-0003.) This summary and documents are for the Western District of Michigan case, 4:92-CV-110, which was initiated in 1992 when the Eastern District Judge, John Feikens, split the earlier Hadix case in two, and sent part of it (the part relating to medical a…

NOTE: There are two separate cases, in two separate district courts, with the caption Hadix. The first one, in the Eastern District of Michigan, was filed in 1980, under docket number 2:80-cv-73581-JF. (It is in the Clearinghouse as PC-MI-0003.) This summary and documents are for the Western District of Michigan case, 4:92-CV-110, which was initiated in 1992 when the Eastern District Judge, John Feikens, split the earlier Hadix case in two, and sent part of it (the part relating to medical and mental health care) to the Western District.

The first case case started on September 18, 1980, when inmates at the State Prison of Southern Michigan filed a class action lawsuit under 42 U.S.C. § 1983 against the Michigan Department of Corrections in the U.S. District Court for the Eastern District of Michigan, seeking declaratory, injunctive, and monetary relief for a catalog of unconstitutional conditions at the prison.

On February 13, 1985, the U.S. District Court for the Eastern District of Michigan (Judge John Feikens) approved a consent decree in that case, settling the issues of sanitation, safety, medical and mental health care, fire safety, overcrowding, security, food service, management and operations, and mail. For other proceedings in the Eastern District case, see the relevant case summary (PC-MI-3).

On April 21, 1992, the defendants asked the district court to relinquish control and supervision of the mental health provisions of the consent decree; the plaintiffs asked the court to adopt the mental health orders entered in USA v. Michigan (No. 1:84-CV-63) (PC-MI-0007) by the U.S. District Court for the Western District of Michigan (Judge Richard A. Enslen). On May 15, 1992, the district court (Judge Feikens) denied both requests. On further consideration, however, on June 5, 1992, the district court relinquished control and supervision of the provisions governing mental health care and medical care, transferring them to Judge Enslen for further proceedings as he deemed appropriate. 792 F.Supp. 527 (E.D. Mich. 1992).

At this point, the case was consolidated with Knop v. Johnson (PC-MI-0006), another class action lawsuit against the Michigan DOC. The Sixth Circuit Court of Appeals reviewed both cases with regard to the findings regarding access to courts. Knop v. Johnson, 977 F.2d 996 (6th Cir. 1992). The court (Judge David A. Nelson) held that the DOC's duty to provide assistance in gaining access to the courts included assisting with prisoners' challenges to their convictions and conditions of confinement. On March 8, 1993, The United States Supreme Court denied certiorari. Knop v. McGinnis, 507 U.S. 973 (1993). On June 4, 1993, Judge Enslen ordered defendants to submit a plan for providing access to the courts consistent with this opinion. On December 22, 1994, Judge Enslen rejected defendants' plan. Litigation continued regarding discovery and attorneys fees. On October 1, 1996, the district court adopted the defendants' proposals in both of the consolidated cases for legal writer programs that would provide access to the courts.

On July 3, 1996, the Court (Judge Enslen) denied the defendants' request for termination of the consent decree. Hadix v. Johnson, 933 F.Supp. 1362 (W.D.Mich. 1996).

The plaintiffs asked the district court to grant them attorneys fees for their counsels' unpaid work up to this point in the litigation, and the defendants argued that the PLRA's cap on attorneys fees should apply to any fee award that the judge made. On May 23, 1997, the Western District Court (Judge Enslen) awarded the requested fees, holding that the PLRA's fee cap could not apply to litigation filed before the PLRA's effective date. Hadix v. Johnson, 965 F.Supp. 996 (W.D.Mich. 1997). (Back in the Eastern District, Judge Feikens did the same.) The defendants appealed. On April 17, 1998, the Sixth Circuit (Justice Cornelia Groefsema Kennedy) held that the fee cap imposed by the PLRA did not apply to fee petitions, regardless of whether the work was performed before of after the PLRA's enactment date. The court then partially upheld and partially reversed the fee award, remanding the appeals back to the district courts for further consideration. Hadix v. Johnson, 143 F.3d 246 (6th Cir. 1998). The defendants sought and obtained review by the Supreme Court. On June 21, 1999, the U.S. Supreme Court (Justice Sandra Day O'Connor) held that the PLRA limits attorney fees for post-judgment monitoring services performed after the PLRA's effective date, but does not limit fees for monitoring performed before that date. Martin v. Hadix, 527 U.S. 343 (1999).

Sometime in 1994, a class of inmates at five different correctional institutions in Michigan asked the both district courts for injunctive relief against the defendants, alleging that the defendants had violated their constitutional right of access to the courts. The cases were consolidated with the Western District Hadix, and the Western District Court (Judge Enslen) granted injunctive relief to the plaintiffs, ordering the defendants not to cut off funding for prison legal services programs. On April 1, 1999, the Sixth Circuit (Judge Daughtrey) held that the inmates had not shown widespread actual injury necessary for them to have standing to bring the class action lawsuit, and remanded the case back to the Western District Court. Hadix v. Johnson, 173 F.3d 958 (6th Cir. 1999).The defendants asked the Sixth Circuit to rehear the case en banc, and on April 1, 1999, the Sixth Circuit denied that request. Hadix v. Johnson, 182 F.3d 400 (6th Cir. 1999).

On March 18, 1999, the Eastern District transferred several additional components of the original consent decree (regarding water temperatures, housing temperatures and ventilation in the Southern Michigan Correctional Facility, and some issues relating to housing in the Egeler Correctional Facility) to the Western District. The Eastern District explained that the rationale for transfer was that health care was implicated in these provisions.

On December 2-3, 1999, the court (Judge Enslen) conducted hearings on the medical health care provisions of the consent decree and other issues transferred by the Eastern District. The court found some remaining constitutional violations, relating to medical and mental health care, and to temperature, ventilation and fire safety conditions at several facilities, but agreed with the defendants to terminate some of the Consent Decree provisions as no longer necessary. On November 15, 2000, the Eastern District transferred to this court some additional fire safety issues.

On January 8, 2001, the district court granted defendants' request to terminate enforcement of the mental health provisions of the Consent Decree; the termination became effective in early February 2001. (On June 27, 2001, the Eastern District issued its Order of Termination, terminating its jurisdiction over all sections of the Consent Decree remaining in the Eastern District.)

In June 2002, the Western District held yet another hearing, and found continuing constitutional violations with respect to medical care and fire safety. The defendants were required to submit a remedial plan, which in February 2003 the court ordered as an injunction. The defendants appealed. The 6th Circuit Hadix v. Johnson, affirmed in part and reversed in part, 367 F.3d 513 (6th Cir. 2004), remanding the fire safety provisions of the injunction for further factual development. After an additional hearing, and in a very extensive opinion, the District Court (Judge Enslen) again found the existence of constitutional violations with respect to fire safety, and ordered a revised version of the prior remedial plan implemented. 2005 WL 2243091 (W.D. Mich., Sept. 14, 2005).

Although the mental health care provisions of the consent decree had been terminated in 2001, plaintiffs moved on September 8, 2006 to reopen the terminated provisions and for a preliminary injunction pertaining to mental health care. The cause for the motion was the death of a restrained Michigan prisoner, T.S., and other fatal cases in which, plaintiffs alleged, inmates' deaths were attributable to delays or malfeasance in the provision of mental health care.

Following an evidentiary hearing, the court granted a preliminary injunction. Hadix v. Caruso, 461 F. Supp. 2d 574, 2006 WL 3275865 (W.D. Mich. Nov. 13, 2006). The Court lifted the prior termination under Fed. R. Civ. P. 60(b)(6), explaining that jurisdiction has been retained because enforcement of the medical health and fire safety provisions of the consent decree was ongoing. In granting relief, the Court found numerous constitutional violations. It held that the punitive use of in-cell restraints "constitutes torture and violates the Eighth Amendment," and enjoined the practice. It also held that psychiatric and psychological staffing levels were constitutionally inadequate, and ordered defendants to file a staffing plan. The Court also required daily psychologist rounds in the segregation unit and required protocols for medical/mental health staff and interdisciplinary meetings after finding that patients with medical and mental health problems fall into "the black hole between the disciplines."

On December 5, 2006, the defendants appealed the court's decision to grant the injunction. Two days later, the court issued a permanent injunction holding the defendants in contempt for their failure to comply with the consent decree's hiring requirements. The court ordered the defendants to provide additional staffing throughout the Hadix facilities - particularly nursing staff. On April 30, 2007, the Court of Appeals denied the defendants' request to overturn the injunction.

On February 22, 2007, the district court issued a preliminary injunction prohibiting the defendants from transferring prisoners from Hadix facilities other than routine transfers not intended to reduce prison population. On May 14, 2007, the district court granted the defendants' motion to terminate the court's jurisdiction over the 8-Block of the Parnall Correctional Facility.

Ultimately the case went to trial, and on August 8, 2008, the parties made their closing arguments before district judge Robert J. Jonker. On March 31, 2009, the court concluded that the Plaintiffs failed to prove that the defendants failed to comply with the November 2006 preliminary injunction, or that the defendants failed to comply with the mental health provisions of the consent decree. They also noted that it seemed as though the Hadix class had all but disappeared with the closing of multiple correctional facilities. Hadix v. Caruso, 2009 WL 891709 (W.D. Mich. 2009). The plaintiffs then appealed to the Sixth Circuit Court of Appeals, where the District Court's opinion was affirmed. Hadix v. Caruso, 420 Fed.Appx. 480 (6th Cir. 2011). (In the meantime, on August 14, 2008, the parties filed a stipulated order to terminate Section III of the 1985 Hadix consent decree concerning fire safety.)

On January 17, 2012, the plaintiffs' motion to add new parties to the Hadix class was granted, enabling them to continue with the litigation. Most recently, on June 22, 2012, the parties agreed to a stipulation of dismissal of the heat abatement portion of the consent decree.

On September 29, 2015, district judge Robert J. Jonker wrote an opinion on this case. He ordered the consent decrees sections II.A.3.b; II.A.4.a; II.A.5.a; II.A.7; and II.A.11 as closed, denied the plaintiff’s request for ongoing prospective injunctive relief, and terminated federal supervision over the Hadix facilities and the Hadix class. This case is now closed.

Summary Authors

Joshua Arocho (7/3/2012)

Susie Choi (3/11/2017)

Related Cases

Hadix v. Johnson, Eastern District of Michigan (1980)

U.S. v. Michigan, Western District of Michigan (1984)

Knop v. Johnson, Western District of Michigan (1984)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4664999/parties/hadix-v-caruso/


Judge(s)

Carmody, Ellen S. (Michigan)

Clay, Eric L. (Michigan)

Daughtrey, Martha Craig (Tennessee)

Enslen, Richard Alan (Michigan)

Feikens, John (Michigan)

Guy, Ralph B. Jr. (Michigan)

Jonker, Robert James (Michigan)

Kennedy, Cornelia Groefsema (Michigan)

Moore, Karen Nelson (Ohio)

Norris, Alan Eugene (Ohio)

Judge(s)

Carmody, Ellen S. (Michigan)

Clay, Eric L. (Michigan)

Daughtrey, Martha Craig (Tennessee)

Enslen, Richard Alan (Michigan)

Feikens, John (Michigan)

Guy, Ralph B. Jr. (Michigan)

Jonker, Robert James (Michigan)

Kennedy, Cornelia Groefsema (Michigan)

Moore, Karen Nelson (Ohio)

Norris, Alan Eugene (Ohio)

Ryan, James Leo (Michigan)

Suhrheinrich, Richard Fred (Michigan)

Attorneys(s) for Plaintiff

Aiyetoro, Adjoa A. (District of Columbia)

Alexander, Elizabeth R. (District of Columbia)

Barnhart, Michael J. (Michigan)

Bennett, Larry W. (Michigan)

Bush, Neal (Michigan)

Chamara, Theresa A. (District of Columbia)

Ennis, Bruce J. (District of Columbia)

Fette, William L. (Michigan)

Girard, Sandra (Michigan)

Korobkin, Daniel S. (Michigan)

Labelle, Deborah A. (Michigan)

Mirer, Jeanne E. (Michigan)

Rosenbaum, Steven H. (District of Columbia)

Schneider, Mark D. (District of Columbia)

Stark, Lisa J. (District of Columbia)

Streeter, Patricia A. (Michigan)

Attorneys(s) for Defendant

Adams, Richard M.C. (Michigan)

Baugh, Jann Ryan (Michigan)

Cox, Michael A. (Michigan)

Friedman, Leo H. (Michigan)

Govorchin, A. Peter (Michigan)

Harris, Kim G. (Michigan)

Hughes, Theodore E. (Michigan)

Kelley, Frank J. (Michigan)

McAra, Susanne Durk (Michigan)

McGehee, Donald S. (Michigan)

Nelson, Thomas C. (Michigan)

Nickerson, Michael A. (Michigan)

Przekop-Shaw, Susan (Michigan)

Stafford, E. Michael (Michigan)

Van Cleve, Janet A. (Michigan)

Ward, Lisa C. (Michigan)

Other Attorney(s)

Chiara, Margaret M. (Michigan)

Dettmer, Michael Hayes (Michigan)

Flynn, David K. (District of Columbia)

Green, Phillip J. (Michigan)

McElderry, Marie K. (District of Columbia)

Payne, Timothy R. (District of Columbia)

Pinzler, Isabelle Katz (District of Columbia)

Schlanger, Margo (District of Columbia)

Weinstein, Laurie J. (District of Columbia)

Expert/Monitor/Master

Cohen, Robert L. MD (New York)

James, J. Franklin (North Carolina)

Documents in the Clearinghouse

Document

4:92-cv-00110

Docket [PACER]

Sept. 29, 2015

Sept. 29, 2015

Docket

80-73581

Order of Transfer

Hadix v. Johnson

U.S. District Court for the Eastern District of Michigan

792 F.Supp. 527, 1992 U.S.Dist.LEXIS 8433

June 5, 1992

June 5, 1992

Order/Opinion

94-01158

Unpublished Opinion

Hadix v. Johnson

U. S. Court of Appeals for the Sixth Circuit

46 F.3d 1131, 1995 WL 25416

Jan. 23, 1995

Jan. 23, 1995

Order/Opinion

92-02282

93-02349

Opinion

Hadix v. Johnson

U. S. Court of Appeals for the Sixth Circuit

65 F.3d 532, 1995 U.S.App.LEXIS 26172

Sept. 18, 1995

Sept. 18, 1995

Order/Opinion

93-01551

93-01555

93-01559

93-01560

93-01642

93-01643

Opinion

Hadix v. Johnson

U. S. Court of Appeals for the Sixth Circuit

66 F.3d 325, 1995 WL 559372, 1995 U.S.App.LEXIS 37176

Sept. 20, 1995

Sept. 20, 1995

Order/Opinion

94-02008

96-01422

Unpublished Opinion

Hadix v. Johnson

U. S. Court of Appeals for the Sixth Circuit

91 F.3d 143, 1996 WL 370152

July 2, 1996

July 2, 1996

Order/Opinion
738

4:92-cv-00110

Opinion

Hadix v. Johnson

933 F.Supp. 1362, 1996 U.S.Dist.LEXIS 16564

July 3, 1996

July 3, 1996

Order/Opinion

96-02548

Brief for the United States as Intervenor

Hadix v. Johnson

U. S. Court of Appeals for the Sixth Circuit

March 20, 1997

March 20, 1997

Pleading / Motion / Brief

95-02548

Proof Brief for the United States as Intervenor - Appellee

Hadix v. Johnson

U. S. Court of Appeals for the Sixth Circuit

March 20, 1997

March 20, 1997

Pleading / Motion / Brief
886

4:92-cv-00110

84-00651

Opinion

Hadix v. Johnson

965 F.Supp. 996, 1997 U.S.Dist.LEXIS 7814

May 23, 1997

May 23, 1997

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4664999/hadix-v-caruso/

Last updated May 19, 2022, 11:55 p.m.

ECF Number Description Date Link Date / Link
1

LETTER to court from the Eastern District enclosing a copy of their docket and portions of the Hadix record. The document numbers circled in red are enclosed, the items circled in green are not available because some of the record remains at the court of appeals (rlw) (Entered: 08/12/1992)

Aug. 4, 1992

Aug. 4, 1992

1898

FINDINGS OF FACT AND CONCLUSIONS OF LAW; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Sept. 14, 2005

Sept. 14, 2005

RECAP
2

ORDER Rejecting Pleading (1 pgs) by Magistrate Judge (time−stamp date 6/29/92) Doyle A. Rowland Notice of Appearance by Elizabeth Alexander on behalf of pltf because the file had not been received from the Eastern District (cc: all counsel) (rlw) (Entered: 08/12/1992)

Aug. 4, 1992

Aug. 4, 1992

1912

ORDER denying 1902 defendants' motion for reconsideration re 1898 , 1899 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) Modified on 10/17/2005 to edit text (rlw, ).

Oct. 13, 2005

Oct. 13, 2005

RECAP
3

OPINION (3 pgs) by Judge Richard A. Enslen (cc: all counsel) (rlw) (Entered: 08/12/1992)

Aug. 4, 1992

Aug. 4, 1992

1915

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Oct. 19, 2005

Oct. 19, 2005

RECAP
1929

ORDER granting 1918 plaintiffs' motion to amend/correct preliminary injunction; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Nov. 23, 2005

Nov. 23, 2005

RECAP
4

ORDER (2 pgs) by Judge Richard A. Enslen in accordance w/opinion both dated 7/27/92 before receipt of this file ; compliance hearing is scheduled for 1/28/93, and 1/29/93 addressing compliance w/paragraph II.B.5 of the Decree and w/provisions of Section II of the Decree; on 1/27/92 parties and Independent Experts shall attend a prehearing conference (cc: all counsel) (rlw) (Entered: 08/12/1992)

Aug. 4, 1992

Aug. 4, 1992

1944

ORDER denying 1922 defendants' motion for reconsideration re 1915 , 1916 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Dec. 16, 2005

Dec. 16, 2005

RECAP
5

ATTORNEY APPEARANCE by Elizabeth Alexander on behalf of plaintiffs w/Certificate of Service (rlw) (Entered: 08/20/1992)

Aug. 20, 1992

Aug. 20, 1992

1952

ORDER APPROVING 1927 Defendants' Plan Pursuant to the Court's Preliminary Injunction of October 19, 2005 together with revisions and modifications; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Jan. 12, 2006

Jan. 12, 2006

RECAP
6

LETTER from court to parties advising of the transfer from the E.D. of MI (rlw) (Entered: 08/20/1992)

Aug. 20, 1992

Aug. 20, 1992

2019

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

May 15, 2006

May 15, 2006

RECAP
7

REPORTS (STATUS REPORT) by defendants on 1) Medical and Mental Health Compliance Reports; 2) Medical and Mental Health Plans (rlw) (Entered: 09/02/1992)

Sept. 1, 1992

Sept. 1, 1992

2048

ORDER denying 2031 plaintiffs' motion for reconsideration re 2020 , 2019 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) Modified text/link on 7/3/2006 (bd, ).

June 30, 2006

June 30, 2006

RECAP
8

TRI−ANNUAL COMPLIANCE REPORT (STATUS REPORT) by Barbara J. Hladki, Consent Decree Coordinator on compliance with the medical and mental health issues in Section II of the Decree (rlw) (Entered: 09/02/1992)

Sept. 2, 1992

Sept. 2, 1992

2057

ORDER that the evidentiary hearing scheduled for October 11-13, 2006 shall commence as earlier scheduled; that such hearing will consider as a priority matter medical care issues, which may include requests by Plaintiffs for injunctive relief; and be fore consideration of other issues, such as termination of Consent Decree provisions; and that all issues not presented at such hearing will be heard at a later hearing, not to exceed two days in length, which will be later scheduled by notice of this Court for a date or dates within 45 days of October 13, 2006 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas)

July 13, 2006

July 13, 2006

RECAP
9

COMPLIANCE REPORT (STATUS REPORT) by defendants (Barbara J. Hladki, Consent Decree Coordinator) tri−annual compliance report on the medical and mental health issues (Section II) in Hadix v Johnson (rlw) (Entered: 09/03/1992)

Sept. 3, 1992

Sept. 3, 1992

10

TRI−ANNUAL COMPLIANCE REPORT (STATUS REPORT) by defendants (Barbara J. Hladki, Consent Decree Coordinator) on medical ad mental issues originally submitted 8/30/92 (rlw) (Entered: 09/29/1992)

Sept. 28, 1992

Sept. 28, 1992

2128

ORDER denying 2108 appeal of magistrate judge decision and affirming the Order of Aug. 29, 2006; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Oct. 2, 2006

Oct. 2, 2006

RECAP
2138

ORDER denying 2122 defendants' motion to quash; amending Order of Sept. 28, 2006 as follows: vacating requirement of filing a redacted copy, sealing original copy; signed by Senior Judge Richard Alan Enslen (See text of Order, docket 2149, regarding this Order) (Senior Judge Richard Alan Enslen, blb) Modified text on 10/10/2006 (bd, ).

Oct. 3, 2006

Oct. 3, 2006

RECAP
11

SEPTEMBER 1992 REPORT (STATUS REPORT) of the Independent Monitors on Medical and Mental Health Care by F. Warren Benton, Ph.D. and J. Franklin James, M.D. (rlw) (Entered: 09/30/1992)

Sept. 30, 1992

Sept. 30, 1992

2142

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Oct. 6, 2006

Oct. 6, 2006

RECAP
12

REVISED COMPLIANCE REPORT (STATUS REPORT) by Barbara J. Hladki, Consent Decree Coordinator on medical and mental health issues (w/revised attachment) (rlw) (Entered: 11/10/1992)

Oct. 16, 1992

Oct. 16, 1992

2163

ORDER denying 2161 Larry D. Blue's motion for injunctive relief; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Oct. 18, 2006

Oct. 18, 2006

RECAP
13

TRI−ANNUAL COMPLIANCE REPORT (STATUS REPORT) by Barbara J. Hladki, Consent Decree Coordinator (rlw) (Entered: 11/10/1992)

Oct. 29, 1992

Oct. 29, 1992

2186

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Nov. 13, 2006

Nov. 13, 2006

RECAP
14

EPIDEMIC CONTAGIOUS PLAN JULY 1992 REPORT (STATUS REPORT) by Barbara J. Hladki, Consent Decree Coordinator (rlw) (Entered: 11/10/1992)

Oct. 29, 1992

Oct. 29, 1992

2233

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) Modified on 1/17/2007 to reflect that Paragraph 130 is amended pursuant to Order, docket 2274 (bd, ).

Dec. 7, 2006

Dec. 7, 2006

RECAP
15

ORDER (1 pgs) by Judge Richard A. Enslen that in seeking a modification of the Decree or subsidiary plan in this case, the moving party initially bears the burden of proving to the Court that "significant change in facts or law warrants revision of the decree" (cc: all counsel) (rlw) (Entered: 11/10/1992)

Nov. 3, 1992

Nov. 3, 1992

2238

ORDER denying 2226 Michael Eric Masters and Michael Marr's pro se motion to intervene; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Dec. 11, 2006

Dec. 11, 2006

RECAP
16

LETTER to court from plaintiff w/attached reports of Dr. Cassandra F. Newkirk, M.D. and Dr. Armond H. Start, M.D., M.P.H. experts for pltf w/attached certificate of service (rlw) (Entered: 11/10/1992)

Nov. 4, 1992

Nov. 4, 1992

18

LETTER to court from defendants w/attached Expert Witness Report and Curriculum Vitae of Stephen Hucker, M.B., B.S.,F.R.C.Psych, F.R.C.P.(C) (rlw) (Entered: 11/10/1992)

Nov. 4, 1992

Nov. 4, 1992

2242

ORDER denying 2239 Claude T. Hoffman's motion to modify Hadix Consent Decree and for other relief; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Dec. 15, 2006

Dec. 15, 2006

RECAP
2263

ORDER denying 2250 Robert Alspaugh's motion to intervene; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Jan. 8, 2007

Jan. 8, 2007

RECAP
19

LETTER to court from defendants w/attached Expert Witness Report and Curriculum Vitaw of Joel A. Dvoskin, Ph.D. (rlw) (Entered: 11/10/1992)

Nov. 4, 1992

Nov. 4, 1992

2266

ORDER denying 2243 defendants' motion to adjourn January hearing; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Jan. 9, 2007

Jan. 9, 2007

RECAP
20

LETTER to court from defendants w/attached Expert Witness Report and Curriculum Vitae of John C. Rushbrook, Ph.D. (rlw) (Entered: 11/10/1992)

Nov. 4, 1992

Nov. 4, 1992

2274

ORDER granting 2249 defendants' motion for reconsideration re 2233 ; sentence two of Paragraph 130 of 2233 is AMENDED nunc pro tunc to read: "Therefore, Defendants shall disburse funds to the Associate Monitor for the Associate Monitor to employ a full staff of medically qualified applicants."; Permanent Injunction of Dec. 7, 2006 shall be DEEMED to relate to the amended Opinion language; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Jan. 16, 2007

Jan. 16, 2007

RECAP
21

ORDER (2 pgs) by Judge Richard A. Enslen that parties shall submit briefs by 5 p.m. on 12/15/92 re systematic outpatient care, follow−up care as well as continuity of care for inmates w/serious mental illness; parties response to each others briefs due 12/29/92 (cc: all counsel) (rlw) (Entered: 12/01/1992)

Dec. 1, 1992

Dec. 1, 1992

22

MOTION by plaintiffs (all) (for order) for Enforcement of Health Staffing Requirements and for Further Relief ; w/brief. (bd) (Entered: 12/03/1992)

Dec. 2, 1992

Dec. 2, 1992

2301

ORDER denying 2293 Scott A. Falkiewicz's motion for order to show cause; Clerk shall submit notice of Scott Falkiewicz's Motion and this Order to the Medical Monitor; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) Modified text on 2/6/2007 (acr, ).

Feb. 2, 2007

Feb. 2, 2007

RECAP
2302

INJUNCTION granting Medical Monitor Dr. Robert Cohen's oral requests; Defendants shall immediately transfer to the Medical Monitor $100,000 to be used to fund preliminary activities of the Office of the Independent Monitor at the Hadix faci lities; Defendants shall immediately furnish remote access to SERAPIS for Dr. Robert Cohen; Dr. Cohen shall provide timely oral or written notice of all problem cases discovered to either defense counsel, Barbara Hladki, or such other representave as Defendants might appoint for this purpose; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Feb. 2, 2007

Feb. 2, 2007

RECAP
23

MOTION by plaintiffs (all) (for order) for Enforcement of Continuity of Care Requirements in the Medical Rehabilitation Unit and for Handicapped Prisoners ; w/brief in support. (bd) (Entered: 12/03/1992)

Dec. 2, 1992

Dec. 2, 1992

24

MOTION by plaintiffs (all) (for order) to Adopt USA v. MICHIGAN Mental Health Orders/ w/brief. (bd) (Entered: 12/03/1992)

Dec. 2, 1992

Dec. 2, 1992

2332

PRELIMINARY INJUNCTION that Defendants shall cease and desist from prisoner transfers from Hadix facilities other than routine prisoner transfers not intended to reduce prisoner population at the Hadix facilities; the limitation expressed shall commence effective Wednesday, February 21, 2007 at 5:00 p.m. nunc pro tunc and shall continue in force for seven calendar days unless renewed, extended or modified; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

Feb. 22, 2007

Feb. 22, 2007

RECAP
2343

OPINION ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas)

March 6, 2007

March 6, 2007

RECAP
25

PROOF OF SERVICE by plaintiffs (all) for Pleadings #22, #23 and #24 via Federal Express on 12/1/92. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

2344

ORDER granting 2335 motion to amend/correct; Defendants shall file a transfer plan in accordance with parts V.F.1 through V.G.2 of the Courts Opinion within 45 days ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas)

March 6, 2007

March 6, 2007

RECAP
26

MOTION by plaintiffs (all) (to enforce) the 4 Minute Response Requirement of the Training Plan Required by Section II.A.8.b of the Consent Decree ; w/brief; w/Exhibit 1; w/Proof of Service. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

27

MOTION by plaintiffs (all) (to enforce) the Continuity of Care Requirements of the Chronic Disease Plan Relating to Mental Health ; w/brief; w/Exhibits 1, 2 &3; w/Proof of Service. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

2364

ORDER denying 2336 motion for TRO as unnecessary in light of the Amended Preliminary Injunction entered on March 6, 2007 ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas)

March 19, 2007

March 19, 2007

RECAP
28

MOTION by plaintiffs (all) (to enforce) Section II.B.5 of the Consent Decree ; w/brief; w/Proof of Service. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

2375

FINDINGS OF FACT AND CONCLUSIONS OF LAW; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb); also, SEE docket #2389 regarding this document; Modified text on 4/3/2007 (acr, ). Modified text on 4/17/2007 (re #2389) (bd, ).

April 3, 2007

April 3, 2007

RECAP
29

MOTION by plaintiffs (all) (to enforce) the Requirements of Section II.B.3.c of the Consent Decree ; w/brief; w/Exhibits 1, 2 &3; w/Proof of Service. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

2390

ORDER granting 2378 plaintiffs' motion for order pursuant to Rule 23; Defendants are ORDERED to retain copies of the disputed papers, and similar future filings, in the law libraries for the purpose of prisoner review; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

April 16, 2007

April 16, 2007

RECAP
30

MOTION by plaintiffs (all) (to enforce) Consent Decree and Modification of State Plan by Providing Adequate Tuberculosis Control ; w/brief; w/Attachment. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

2408

ORDER granting 2312 plaintiffs' objections and REJECTING 2256 Defendants' Plan; Defendants shall submit a revised Plan addressing all of the Court's concerns within 30 days; should Plaintiffs disapprove of the revised Plan, they sh all file objections within 7 days of the filing of the revised Plan; should Plaintiffs object, Defendants shall file a response within 7 days of the filing of objections, and the Independent Medical Monitor shall file a further report with this Court not later then 7 days after the filing of Defendants' response; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

May 4, 2007

May 4, 2007

RECAP
31

MOTION by plaintiffs (all) (to enforce) Consent Decree by Providing Adequate Continuity of Health Care ; w/brief; w/Attachment 1. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

2409

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

May 4, 2007

May 4, 2007

RECAP
32

MOTION by plaintiffs (all) (to enforce) Medical Screening Provisions of the Consent Decree ; w/brief. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

2419

ORDER granting 2374 defendants' motion to dismiss to the extent that jurisdiction over 8-Block of Parnall Correctional Facility is TERMINATED; jurisdiction shall continue over Hadix class members transferred to Buildings A and B of the Parnall Correctional Facility, which buildings are deemed de facto Hadix facilities for the purpose of remedy; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

May 14, 2007

May 14, 2007

RECAP
2465

ORDER APPROVING Defendants' dialysis transfer plan, as supplemented, subject to Defendants' compliance with the conditions of transfer sought by the Office of the Independent Medical Monitor and by Plaintiffs; the exercise of jurisdiction o ver the Ryan Correctional Facility and the medical monitoring of the same shall be limited to the care and treatment of patients of the dialysis unit and shall cease as soon as compliance with Eighth Amendment standards is demonstrated by Defendants ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

June 5, 2007

June 5, 2007

RECAP
33

MOTION by plaintiffs (all) (to enforce) Consent Decree by Providing Adequate Dental Services ; w/brief (bd) Modified on 02/05/2003 (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

34

MOTION by defendants (all) to exceed page limitation for the filing of Motion (and brief) to Modify the Hadix Decree Provision 11.B(3)(c) by Deleting Defendants' Obligation to File a Plan to Assure Adequate Access to the Riverside Psychiatric Center ; w/brief; w/Attachments 1−5. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

2466

OPINION ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

June 5, 2007

June 5, 2007

RECAP
35

MOTION by defendants (for order) to Preclude Monitoring, Supervision and Control in Facilities no Subject to the Hadix Decree ; w/brief; w/stamped Proof of Service; w/Exhibits 1, 2 &3. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

2479

OPINION; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb) Additional attachment(s) added on 6/12/2007 (acr, ).

2 SEALED appendix

View on PACER

June 11, 2007

June 11, 2007

RECAP
36

MOTION by defendants (all) (for order) to Modify Termination Language of the Hadix consent Decree ; w/brief. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

2512

ORDER granting 2499 plaintiffs' motion to expedite discovery to the extent that the relief sought in 2506 plaintiffs' response to defendants' motion to amend/rescind discovery schedule is GRANTED; denying 2504 defendants' mo tion to amend/rescind discovery schedule; parties shall file supplemental briefing within 15 days after the completion of discovery; parties shall file responsive briefs not later than 15 days after the filing of the initial briefs; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

June 28, 2007

June 28, 2007

RECAP
2524

ORDER denying 2510 motion for protective order ; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, sas)

July 6, 2007

July 6, 2007

RECAP
38

MOTION by defendants (all) to exceed page limitation for the filing of Defendants' Motion for the Court to Relinquish Control and Supervision of the Mental Health Provisions of the Hadix Consent Decree w/brief; w/brief ; w/PROPOSED Motion and brief; w/Attachments 1−6. (bd) (Entered: 12/04/1992)

Dec. 2, 1992

Dec. 2, 1992

39

ORDER rejecting pleading (1 pgs) by Magistrate Judge Doyle A. Rowland Proof of Service by pltf for failing to include a caption, case number and judge name (cc: all counsel) (rlw) (Entered: 12/07/1992)

Dec. 7, 1992

Dec. 7, 1992

2569

PRELIMINARY INJUNCTION: plts' motion for preliminary injunction (docket #2519) granted in part and denied in part; TRO of 7/6/07 is vacated; hearing on plts' motions (docket #'s 2485, 2537) and on First Status report of the Independent Medical Monitor (docket #2535) continued to 8/29/07 at 2:00 p.m. before Chief Judge Robert Holmes Bell, Courtroom 601, Grand Rapids, Michigan; defts shall respond in writing to the First Status Report of the Independent Medical Monitor by 8/20/07; signed by Chief Judge Robert Holmes Bell (Chief Judge Robert Holmes Bell, kad)

July 20, 2007

July 20, 2007

RECAP
40

ORDER (1 pgs) by Magistrate Judge Doyle A. Rowland granting defts' motion to exceed page limitation for the filing of Motion (and brief) to Modify the Hadix Decree Provision 11.B(3)(c) by Deleting Defendants' Obligation to File a to Assure Adequate Access to the Riverside Psychiatric Center [34−1] (cc: all counsel on 12/10/92) (rlw) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

2595

OPINION AND ORDER denying 2566 motion to amend/correct the 2/2/2007 Injunction; Defendants shall comply forthwith with this Court's 2/2/2007 Injunction mandating remote access to SERAPIS for Dr. Robert Cohen; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)

Aug. 14, 2007

Aug. 14, 2007

RECAP
2623

OPINION ; signed by Judge Robert J. Jonker (Jonker, Judge Robert)

Sept. 8, 2007

Sept. 8, 2007

RECAP
41

MOTION by defendants to modify (amend) the Hadix Decree Provision II.B(3)(c) by deleting defts' obligation to file a plan to assure adequate access to the Riverside Psychiatric Center w/brief w/Exhibits 1−5 (rlw) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

2624

REVISED OPINION (Revisions include minor typographic and stylistic changes. No substantive changes have been made to the opinion entered 9/8/07 2623 ); signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc) Modified on 9/12/2007 to correct spelling (elc, ).

Sept. 10, 2007

Sept. 10, 2007

RECAP
42

ORDER (1 pgs) by Magistrate Judge Doyle A. Rowland granting defts' motion to exceed page limitation for the filing of Defendants' Motion for the Court to Relinquish Control and Supervision of the Mental Health Provisions of the Hadix Consent Decree w/brief; w/brief [38−1] (cc: all counsel on 12/10/92) (rlw) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

43

MOTION by defendant for the Court to Relinquish Control and Supervision of the Mental Health Provisions of the Hadix Consent Decree w/brief w/Exhibits 1−6 (rlw) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

2903

OPINION ; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, mil)

March 31, 2009

March 31, 2009

RECAP
44

ORDER (1 pgs) by Magistrate Judge Doyle A. Rowland granting defts' motion to exceed page limitation for the filing of Defendants' Motion for the Court to Relinquish Control and Supervision of the Medical Health Provisions of the Hadix Consent Decree w/brief [37−1] (cc: all counsel on 12/10/92) (rlw) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

3439

OPINION ; signed by Chief Judge Robert J. Jonker (Chief Judge Robert J. Jonker, ymc)

Sept. 29, 2015

Sept. 29, 2015

RECAP
45

MOTION by defendant for the Court to Relinquish Control and Supervision of the Medical Health Provisions of the Hadix Consent Decree w/brief w/Exhibits A−D (rlw) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

46

ATTORNEY APPEARANCE by Atty. E. Michael Stafford (P20874) on behalf of all defendants; w/stamped proof of service. (bd) (Entered: 12/11/1992)

Dec. 11, 1992

Dec. 11, 1992

47

PROOF OF SERVICE by defendants (all) for First Set of Interrogatories to Plaintiffs. (bd) (Entered: 12/11/1992)

Dec. 11, 1992

Dec. 11, 1992

48

PROOF OF SERVICE by plaintiff for Motion to Enforce Consent Decree by Providing Adequate Continuity of Health Care, Motion to Enforce Consent Decree by Providing Adequate Dental Services, Motion for Enforcement of medical Screening Provisions of the Consent Decree, Motion for Enforcement of Consent Decree and Modification of State Plan by Providing Adequate Tuberculosis Control (rlw) (Entered: 12/15/1992)

Dec. 15, 1992

Dec. 15, 1992

49

MEDICAL AUDITS (STATUS REPORT) by defendants (Barbara J. Hladki, Consent Decree Coordinator) these audits encompass the portions of the State Prison of Southern Michigan and the Charles Egeler Facility (rlw) (Entered: 12/15/1992)

Dec. 15, 1992

Dec. 15, 1992

50

ORDER (3 pgs) by Judge Richard A. Enslen listing the motions that will be considered at the January 1993 hearing (cc: all counsel) (rlw) (Entered: 12/15/1992)

Dec. 15, 1992

Dec. 15, 1992

51

RESPONSE by plaintiffs to Court Order of 12/1/92 [21−1] re "systematic out−patient care, follow−up care, as well as continuity of care for inmates with serious mental illness" of the Consent Decree w/attachment 1 and proof of service

Dec. 15, 1992

Dec. 15, 1992

53

OPPOSITION by plaintiffs to motion (for order) to Modify Termination Language of the Hadix consent Decree [36−1] w/certificate of service (rlw) (Entered: 12/18/1992)

Dec. 16, 1992

Dec. 16, 1992

54

RESPONSE by plaintiffs to motion (for order) to Preclude Monitoring, Supervision and Control in Facilities no Subject to the Hadix Decree [35−1] w/proof of service (rlw) (Entered: 12/18/1992)

Dec. 16, 1992

Dec. 16, 1992

55

RESPONSE by plaintiffs to motion to modify (amend) the Hadix Decree Provision II.B(3)(c) by deleting defts' obligation file a plan to assure adequate access to the Riverside Psychiatric Center [41−1] w/proof of service (rlw) (Entered: 12/18/1992)

Dec. 16, 1992

Dec. 16, 1992

56

OPPOSITION by plaintiffs to motion for the Court to Relinquish Control and Supervision of the Mental Health Provisions of the Hadix Consent Decree [43−1] w/Exhibit A (rlw) (Entered: 12/18/1992)

Dec. 16, 1992

Dec. 16, 1992

57

OPPOSITION by plaintiffs to motion for the Court to Relinquish Control and Supervision of the Medical Health Provisions of the Hadix Consent Decree [45−1] (rlw) (Entered: 12/18/1992)

Dec. 16, 1992

Dec. 16, 1992

58

PROOF OF SERVICE by plaintiffs for pldg. Nos. 56−57 (rlw) (Entered: 12/18/1992)

Dec. 16, 1992

Dec. 16, 1992

59

MOTION by defendants to exceed page limitation for Response to pltfs' Motion to Enforce Consent Decree by Providing Adequate Continuity of Care w/brief w/PROPOSED Response and brief (rlw) (Entered: 12/18/1992)

Dec. 16, 1992

Dec. 16, 1992

60

MOTION by defendants to exceed page limitation for Response to pltfs' Motion for Enforcement of Consent Decree and Modification of State Plan by Providing Adequate Tuberculosis Control w/brief w/PROPOSED Response w/stamped proof of service (rlw) (Entered: 12/18/1992)

Dec. 16, 1992

Dec. 16, 1992

61

MOTION by defendants to exceed page limitation for Response to pltfs' Motion for Enforcement of Continuity of Care Requirements in the Medical Rehabilitation Unit and for Handicapped Prisoners w/brief w/PROPOSED Response, Proof of Service (rlw) (Entered: 12/18/1992)

Dec. 16, 1992

Dec. 16, 1992

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 5, 1992

Closing Date: Sept. 29, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of prisoners incarcerated within the Michigan Department of Corrections. (This portion of case pertains to violations of medical care and mental health care asserted by class.)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Michigan, State

Michigan Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1985 - 2015

Content of Injunction:

Implement complaint/dispute resolution process

Monitoring

Preliminary relief granted

Issues

General:

Bathing and hygiene

Fire safety

Food service / nutrition / hydration

Mail

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run