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Case: Glover v. Johnson

2:77-cv-71229 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 19, 1977

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On May 19, 1977, five named and several unnamed female prisoners at the Detroit House of Corrections filed this class action against the Michigan Department of Corrections in the U.S. District Court for the Eastern District of Michigan. The plaintiffs, represented by the Center for Urban Law, Wayne County Neighborhood Legal Services, and Michigan Legal Services, asked the court for declaratory and injunctive relief, alleging that the defendants violated their constitutional rights by failing to…

On May 19, 1977, five named and several unnamed female prisoners at the Detroit House of Corrections filed this class action against the Michigan Department of Corrections in the U.S. District Court for the Eastern District of Michigan. The plaintiffs, represented by the Center for Urban Law, Wayne County Neighborhood Legal Services, and Michigan Legal Services, asked the court for declaratory and injunctive relief, alleging that the defendants violated their constitutional rights by failing to provide rehabilitative opportunities to female inmates equal to those provided to male inmates. Specifically, the plaintiffs alleged disparities in educational degrees available, vocational courses, library facilities, law library facilities, halfway homes, correctional camps, prison industry, and discrimination in prison wages. They brought the claim under 42 U.S.C. 1983.

After filing the case, the plaintiffs were moved to the Huron Valley Women's Facility in Ypsilanti, Michigan.

On December 23, 1977, the U.S. District Court for the Eastern District of Michigan (Judge John Feikens) certified a class of all female prison inmates in Michigan, holding that the inevitable turnover of the state's female inmate population did not preclude class certification, but rather made it advantageous. Glover v. Johnson, 85 F.R.D. 1 (E.D.Mich. Dec. 23, 1977).

On October 25, 1979, Judge Feikens granted declaratory and injunctive relief to the plaintiffs, holding that: 1) the educational and vocational programs offered to female inmates were markedly poorer than those offered to male inmates, and this parity violated their equal protection rights; 2) the record demonstrated the constitutional inadequacy of the assistance given to ensure female inmates could access the courts; and 3) the state's use of a county jail as a temporary overflow facility violated state law. Glover v. Johnson, 478 F.Supp. 1075 (E.D.Mich. 1979).

Three months later, the defendants submitted their plan to comply with the court's orders. On April 6, 1981, after lengthy negotiations between the parties, the court ordered the defendants to: 1) provide the female inmates with a post-secondary education program comparable to that available to male inmates; 2) assist and cooperate in the establishment and operation of a baccalaureate program, ensuring that the female inmates received the same opportunities as the male inmates; 3) give female prisoners the same apprenticeship opportunities provided to male inmates in accordance with the Standards of Apprenticeship agreed upon by the parties; 4) to establish a two prison industries (manufacturing license plate tabs and chair cushions) at Huron Valley by January 1982, paying retroactive and future wages into a trust fund for the prisoners; 5) to review and modify the wage policy in order to ensure that female prisoners received fair wages for their work; 6) keep the law library up to date; and 7) transfer all female inmates at the Kalamazoo County Jail to Camp Pontiac or to Huron Valley within 125 days. The court was to maintain jurisdiction over the case until it was satisfied that the defendants had fully complied. Glover v. Johnson, 510 F.Supp. 1019 (E.D.Mich. 1981).

The plaintiffs asked the court to award them attorneys' fees and expenses for the litigation. On February 3, 1982, Judge Feikens granted the fee award, ordering the defendants to pay the plaintiffs $92,939.32.

The parties then proceeded to litigate about enforcement of the order:

Course Offerings

In 1980, Spring Arbor State College (SASC) began offering baccalaureate courses to male inmates, and the program received state money each year thereafter. None of these services were provided to female inmates, and on January 22, 1986, the plaintiffs in this case asked the court to hold the defendants in contempt and impose sanctions on them for failing to comply with the court's orders. The defendants responded by arranging for SASC to offer baccalaureate courses at Huron Valley, but they refused to provide such services to qualified female inmates residing at the newly opened Florence Crane Correctional Facility ("Crane").

On October 20, 1986, the district court issued an injunction ordering the defendants to provide the courses at both Huron Valley and Crane. After the defendants failed to comply, the plaintiffs asked the court to hold them in contempt of court. On April 21, 1987, the court agreed with the plaintiffs, stating that the “defendants persist[ed] through bureaucratic inertia, intransigence, and resistance in denying female inmates equal education opportunities.” Judge Feikens therefore appointed Dr. Richard Meisler to design and implement educational programs for female inmates on a parity with male inmates. The court gave the administrator full power to contract for educational services with the educational institutions necessary to achieve parity. The court ordered the defendants to bear the cost of the plans designed and implemented by the administrator and barred them from attempting to circumvent the order by reducing the educational programs presently provided to male inmates. The court further ordered that any state officers necessary to provide complete relief pursuant to this order be joined as party defendants to the lawsuit. Glover v. Johnson, 659 F.Supp. 621 (E.D.Mich. 1987). On June 12, 1987, the court supplemented this decision by ordering the defendants to pay the administrator $1000 per week for his work. Glover v. Johnson, 622 F.Supp. 820 (E.D.Mich. 1987). The defendants appealed the entire order.

On September 24, 1987, the U.S. Court of Appeals for the Sixth Circuit (Judge Albert Joseph Engel, Judge Gilbert Stroud Merritt, Jr., and Judge James Leo Ryan) vacated the district court's decision and remanded the case. The court held that the issuance of the injunction was not supported by sufficient findings of fact and that the evidence did not support the appointment of an administrator. Glover v. Johnson, 855 F.2d 277 (6th Cir. 1988).

On remand, on September 14, 1989, Judge Feikens again held that an administrator and monitor were necessary to implement the court’s orders. He held the defendants in contempt, detailing extensive findings of fact that led the court to the conclusion that the defendants had failed to implement the court's orders in almost every respect. The court held that the defendants' failure to provide female inmates with the required educational and vocational opportunities required the imposition of both a defendant-appointed administrator to design and implement a remedy and a court-appointed monitor to oversee the progress of the defendants and the administrator. The court then ordered the defendants to appoint the administrator within 60 days and to present the court with a remedial plan. Glover v. Johnson, 721 F.Supp. 808 (E.D.Mich. 1989). The defendants appealed.

On May 30, 1991, the Sixth Circuit (Judge Cornelia Groefsema Kennedy, Judge George Clifton Edwards, Jr., and Judge James Leo Ryan) affirmed the district court's decision in part and reversed it in part. The court held that: 1) the finding that the prison officials had not used their best efforts to comply with the district court's order was supported by the evidence; 2) that the prison officials should not have been held in contempt for failing to comply with certain measures that were never included in the court's order; and 3) that the prison officials' continuing failure to comply warranted an order requiring them to appoint a special administrator. Glover v. Johnson, 934 F.2d 703 (6th Cir. 1991).

On remand, the defendants submitted a new remedial plan to the district court. The plan provided for remedial action in the areas of paralegal training, paralegal trainee wages, law libraries, associate degree programming, baccalaureate degree programming, off-grounds privileges, and apprenticeships in the areas of medical records, building maintenance, dental assistance, painting, and carpentry.

On December 1, 1993, the defendants informed the district court of their unilateral decision to discontinue the paralegal training program at Crane due to a low level of interest among the inmates. Instead, the defendants planned on transferring the inmates who were interested in the program to another facility where the program would still be offered. The plaintiffs filed an emergency motion asking the court to enjoin the defendants from discontinuing the program. The defendants responded with their own emergency motion. On January 14, 1994, Judge Feikens ordered the defendants to continue to provide the paralegal training classes at Crane as previously ordered. The court further ordered the defendants not to transfer inmates interested in the training program to another facility in order to avoid compliance with the court's orders. Glover v. Johnson, No. 77-CV-71229, 1994 WL 799392 (E.D.Mich. Jan 14, 1994). The defendants appealed. On February 2, 1994, the Sixth Circuit dismissed the appeal for lack of jurisdiction. Glover v. Johnson, Nos. 93-1599, 93-1824, 1994 WL 28808 (6th Cir. Feb. 2, 1994).

State Contract with Prison Legal Services

On February 28, 1994, the defendants allowed the state's contract with Prison Legal Services (who aided the prisoners in child custody matters) to lapse, with no plans to provide further legal assistance to the plaintiffs. The plaintiffs asked the district court to hold the defendants in contempt for unilaterally eliminating this legal assistance without asking the court. On April 29, 1994, the district court (Judge Feikens) held the defendants in contempt and granted injunctive relief to the plaintiffs. The court held that the female inmates had a right to legal assistance in this area regardless of their gender, ordering the defendants to provide such assistance and threatening them with contempt penalties if they did not immediately comply. Glover v. Johnson, 850 F.Supp. 592 (E.D.Mich. 1994). The defendants appealed.

On February 14, 1996, the Sixth Circuit (Judge Harry Walker Wellford, Judge David Aldrich Nelson, and Judge Richard Fred Suhrheinrich) reversed the district court's order. The court held that the district court's finding of contempt was an abuse of discretion, because the district court's prior order did not require that the state fund legal assistance in any particular area of law, and that the fundamental right of access to courts did not require the state to provide legal assistance for inmates in connection with child custody matters. Glover v. Johnson, 75 F.3d 264 (6th Cir. 1996). The plaintiffs appealed to the Supreme Court, but it denied certiorari.

Prison Litigation Reform Act

On January 23, 1997, the defendants asked the court to immediately terminate the remedial plans and court orders in the case pursuant to the Prison Litigation Reform Act (PLRA). On February 21, 1997, the district court denied the request, holding that the PLRA section in question was unconstitutional as a violation of the principle of separation of powers. Glover v. Johnson, 957 F.Supp. 110 (E.D.Mich. 1997). The defendants moved for reconsideration, which Judge Feikens denied.

Contempt of Court Sanctions

As a way to encourage compliance, the plaintiffs repeatedly asked the court to impose contempt sanctions on the defendants.

Between July 1995 and January 1996, the plaintiffs filed four motions asking the district court to hold the defendants in contempt for failure to comply with the 1991 remedial plan. On July 19, 1996, the district court (Judge Feikens) held the defendants in contempt of the court access, vocational programs, and apprenticeship program provisions. He ordered them to pay $500 per day until they complied with the court's orders regarding access to courts. Beginning on October 1, 1996, the fine would increase to $5000 per day. Glover v. Johnson, 931 F.Supp. 1360 (E.D.Mich. 1996). The defendants appealed.

On March 2, 1998, the Sixth Circuit (Judge Wellford, Judge Ryan, and Judge Martha Craig Daughtrey) partially affirmed and partially reversed the district court's decisions. The court held that the defendants had failed to provide adequate vocational programming, and contempt sanctions as to those failures were appropriate. The court held that the district court had exceeded its authority in applying contempt sanctions as to the other matters. Glover v. Johnson, 138 F.3d 229 (6th Cir. 1998).

On July 7, 1998, the plaintiffs again asked the court to impose contempt sanctions on the defendants. On July 23, 1998, Judge Feikens granted the motion, holding that, although the defendants had made some progress in compliance, sanctions were still warranted for their failure to fully implement vocational programs. Glover v. Johnson, 9 F.Supp.2d 799 (E.D.Mich. 1998). By August 25, 1998, the defendants had paid $300,000 in contempt fines, and on that date, the district court ordered them to pay an additional $85,000. The defendants appealed these fines, asking the Sixth Circuit to order the district court to return the money. On December 8, 1999, the Sixth Circuit (Judge Ralph B. Guy, Jr., Judge Joseph M. Hood, and Judge Danny Julian Boggs) affirmed the district court's award of the contempt sanctions, holding that the award was warranted in light of the defendants' behavior. The court stated that the sanctions were, “a punitive measure designed to force the Department finally to comply with the court’s lawful orders, after years of defiance and delay.” The sanctions appeared to work, as the defendants began following the court’s orders within ten weeks. Glover v. Johnson, 199 F.3d 310 (6th Cir. 1999).

Terminating Jurisdiction

Meanwhile, the defendants sought to remove the role of the compliance monitor. On March 14, 1995, Judge Feikens denied this request, holding that the prison officials’ failure to comply with the remedial plan precluded removing the compliance monitor, and therefore the court’s jurisdiction. Glover v. Johnson, 879 F.Supp. 752 (E.D.Mich. 1995). The defendants appealed.

In a lengthy March 2, 1998 opinion, the Sixth Circuit (Judge Wellford, Judge Ryan, and Judge Martha Craig Daughtrey) vacated and remanded. Glover v. Johnson, 138 F.3d 229 (6th Cir. 1998). On remand, on February 19, 1999, the district court found equal protection compliance in educational, vocational, apprenticeship, and work-pass opportunities. Judge Feikens terminated his jurisdiction over the defendants as to those matters. Nonetheless, he expressed his fear that "termination of [his] jurisdiction over defendants in these matters [would] prompt defendants to immediately discontinue any and all rehabilitative programming for the female inmates and thereby defeat the progress of the past twenty years." Glover v. Johnson, 35 F.Supp.2d 1010 (E.D.Mich. 1999). The plaintiffs appealed, but the Sixth Circuit affirmed the lower court’s opinion. Glover v. Johnson, 198 F.3d 557 (6th Cir. 1999).

Current Case Status

Litigation slowed significantly after 1999 but continued as to attorney fees. The docket ends in July 2002, and the case now appears closed.

Summary Authors

Kristen Sagar (11/17/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/143356/parties/glover-v-johnson/


Judge(s)

Boggs, Danny Julian (Kentucky)

Daughtrey, Martha Craig (Tennessee)

Feikens, John (Michigan)

Keith, Damon Jerome (Michigan)

Ryan, James Leo (Michigan)

Wellford, Harry Walker (Tennessee)

Attorneys(s) for Plaintiff

Argiroff, Anne L. (Michigan)

Barnhart, Michael J. (Michigan)

Dillman, Jeffrey D. (Ohio)

Field, Julie Kunce (Michigan)

Judge(s)

Boggs, Danny Julian (Kentucky)

Daughtrey, Martha Craig (Tennessee)

Feikens, John (Michigan)

Keith, Damon Jerome (Michigan)

Ryan, James Leo (Michigan)

Wellford, Harry Walker (Tennessee)

Attorneys(s) for Plaintiff

Argiroff, Anne L. (Michigan)

Barnhart, Michael J. (Michigan)

Dillman, Jeffrey D. (Ohio)

Field, Julie Kunce (Michigan)

Geer, Martin A. (Michigan)

Kessler, Barbara L. (Michigan)

Magid, Judith E. (Michigan)

Masliansky, Nechama (Michigan)

Raimi, Diana (Michigan)

Snow, Charlene M. (Michigan)

Weiss, Mark E. (Michigan)

Attorneys(s) for Defendant

Adams, Richard M.C. (Michigan)

Barron, Katharyn A. (Michigan)

Blinn, Judith I. (District of Columbia)

Edick, David G. (Michigan)

Friedman, Leo H. (Michigan)

Granholm, Jennifer M. (Michigan)

Harris, Susan A. (Michigan)

Hughes, Theodore E. (Michigan)

Hughey, Steven D. (Michigan)

Kelley, Frank J. (Michigan)

Labelle, Deborah A. (Michigan)

Molner, William E. (Michigan)

Przekop-Shaw, Susan (Michigan)

Roberts, Keith D. (Michigan)

Schmidt, Barbara A. (Michigan)

Triemstra, Duane T. (Michigan)

VanCleve, Janet (Michigan)

Ward, Lisa C. (Michigan)

Documents in the Clearinghouse

Document

2:77-cv-71229

Docket [PACER]

July 10, 2002

July 10, 2002

Docket

2:77-cv-71229

Opinion

Dec. 23, 1977

Dec. 23, 1977

Order/Opinion

2:77-01229

Opinion

Oct. 25, 1979

Oct. 25, 1979

Order/Opinion

2:77-cv-71229

2:77-72557

Final Order

April 6, 1981

April 6, 1981

Order/Opinion

2:77-cv-71229

Opinion Granting Award of Attorney Fees

Feb. 3, 1982

Feb. 3, 1982

Order/Opinion

2:77-cv-71229

Memorandum Opinion and Order

April 17, 1987

April 17, 1987

Order/Opinion

2:77-cv-71229

Memorandum Opinion and Order

June 12, 1987

June 12, 1987

Order/Opinion

86-02125

87-01466

Reported Opinion

U. S. Court of Appeals for the Sixth Circuit

Aug. 22, 1988

Aug. 22, 1988

Order/Opinion
517

2:77-cv-71229

Memorandum Opinion and Order

Sept. 14, 1989

Sept. 14, 1989

Order/Opinion

89-02191

89-02421

Reported Opinion

U. S. Court of Appeals for the Sixth Circuit

May 30, 1991

May 30, 1991

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/143356/glover-v-johnson/

Last updated Sept. 3, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
421

*RENEWED*MOTION by plaintiff Mary Glover, plaintiff Lynda Gates, plaintiff Jimmie Ann Brown, plaintiff Mannette Gant, plaintiff Jacalyn M. Settles for*findings of non-compliance and issuance of contempt* *with brief, exhibits and proof of mailing* (lh) (Entered: 11/07/1988)

Nov. 4, 1988

Nov. 4, 1988

PACER
422

CERTIFIED copy of order from USCA dismissing order appeal - record not returned (lh) (Entered: 11/16/1988)

Nov. 8, 1988

Nov. 8, 1988

PACER
423

NOTICE by plaintiff Mary Glover, plaintiff Lynda Gates, plaintiff Jimmie Ann Brown, plaintiff Mannette Gant, plaintiff Jacalyn M. Settles of hearing on motion for*findings of non-compliance and issuance of contempt* [421-1] by Jacalyn M. Settles, Mannette Gant, Jimmie Ann*with proof of service* Brown, Lynda Gates, Mary Glover (lh) (Entered: 11/16/1988)

Nov. 10, 1988

Nov. 10, 1988

PACER

HEARING held - Judge John Feikens - Court Reporter: Melina Khammo - *to establish procedure for further fact finding and for an evidentiary hearing as mandated by the Court of Appeals. l) Pltf. to submit proposed findings of fact from existing record by 12/5/88; 2) Deft. to respond by 12/19/88 - both pltf. and deft. to indicate what further testimony needs to be taken; 3) Pltf. to submit order citing Court's instructions.* (cd)

Nov. 29, 1988

Nov. 29, 1988

PACER
424

ORDER by Judge John Feikens, deadline for proposed findings of fact of plaintiff on or before 12/5/88, deadline for proposed findings of fact of defendant on or before 12/19/88 deadline for witness list of parties on or before 12/19/88, hearing on motion fos*finding of non-compliance and issuance of contempt* by Jacalyn M. Settles, Mannette Gant, Jimmie Ann Brown, Lynda Gates, Mary Glover on 12/19/88 with proof of service. See scheduling order for details. (lh) (Entered: 12/07/1988)

Dec. 5, 1988

Dec. 5, 1988

PACER
425

FINDINGS of fact and conclusions of law of plaintiffs' with exhibit and proof of mailing (lh) (Entered: 12/07/1988)

Dec. 5, 1988

Dec. 5, 1988

PACER
428

NOTICE of hearing on on 1/9/89 before Judge Feikens. (lh) (Entered: 12/27/1988)

Dec. 21, 1988

Dec. 21, 1988

PACER
426

PROPOSED SUPPLEMENTAL witnesses on contempt of plaintiff. (lh) (Entered: 12/27/1988)

Dec. 22, 1988

Dec. 22, 1988

PACER
427

PROOF of mailing of supplement [426-1] (lh) (Entered: 12/27/1988)

Dec. 22, 1988

Dec. 22, 1988

PACER
429

MOTION of defendants' to extend time and adjourn, evidentiary hearing with brief, affidavit and proof of mailing. (lh) (Entered: 12/29/1988)

Dec. 23, 1988

Dec. 23, 1988

PACER
430

RESPONSE in opposition of plaintiffs' to motion to extend time and adjourn [429-1] with exhibits and proof of mailing. (lh) (Entered: 12/30/1988)

Dec. 28, 1988

Dec. 28, 1988

PACER
439

EMERGENCY MOTION of plaintiffs' for restaining order with brief, exhibits and notice of hearing on 1/19/89 @ 9:00 am. (Motion was not received by clerk's office. Copy to follow) (lh) (Entered: 01/20/1989)

Jan. 12, 1989

Jan. 12, 1989

PACER
446

MOTION by plaintiff Mary Glover, plaintiff Lynda Gates, plaintiff Jimmie Ann Brown, plaintiff Mannette Gant, plaintiff Jacalyn M. Settles for temporary restraining order with brief, attachments, notice of hearing and proof of service. (dn) (Entered: 01/26/1989)

Jan. 12, 1989

Jan. 12, 1989

PACER
431

WITNESS list of defendants. (lh) (Entered: 01/20/1989)

Jan. 13, 1989

Jan. 13, 1989

PACER
432

PROOF of mailing of findings of fact [432-1], witness list [431-1] (lh) (Entered: 01/20/1989)

Jan. 13, 1989

Jan. 13, 1989

PACER
433

PETITION for writ of habeas corpus under 28:2241 (federal custody)- as to Gladys Wilson. WI (lh) (Entered: 01/20/1989)

Jan. 17, 1989

Jan. 17, 1989

PACER
434

PETITION of plaintiffs' for writ of habeas corpus under 28:2241 (federal custody) as to Linda Greene WI (lh) (Entered: 01/20/1989)

Jan. 17, 1989

Jan. 17, 1989

PACER
435

PETITION of plaintiffs' for writ of habeas corpus under 28:2241 (federal custody) as to Susan Fair WI (lh) (Entered: 01/20/1989)

Jan. 17, 1989

Jan. 17, 1989

PACER
436

PETITION of plaintiffs' for writ of habeas corpus under 28:2241 (federal custody) as to Anita Alcorta. WI (lh) (Entered: 01/20/1989)

Jan. 17, 1989

Jan. 17, 1989

PACER
437

PETITION of plaintiffs' for writ of habeas corpus under 28:2241 (federal custody) as to Serena Gordon WI (lh) (Entered: 01/20/1989)

Jan. 17, 1989

Jan. 17, 1989

PACER
438

PETITION of plaintiffs' for writ of habeas corpus under 28:2241 (federal custody) as to Mary Glover WI (lh) (Entered: 01/20/1989)

Jan. 17, 1989

Jan. 17, 1989

PACER
440

ANSWER of plaintiffs' to defendants' findings of fact [432-1] (lh) (Entered: 01/20/1989)

Jan. 18, 1989

Jan. 18, 1989

PACER
441

ANSWER of defendants' to plaintiffs' findings of fact [425-1] (lh) (Entered: 01/20/1989)

Jan. 18, 1989

Jan. 18, 1989

PACER

MOTION hearing held and continued on motion for restaining order - Judge John Feikens - Court Reporter: Melina Khammo *Hearing adjourned to Fri. Jan 27, 1989 at 9:00 a.m., via telephone conf. call - a letter is to be prepared indicating the ways in which Mary Glover's educational program will be changed by proposed transfer.* (cd)

Jan. 19, 1989

Jan. 19, 1989

PACER

MOTION hearing held and continued on motion for*findings of non-compliance and issuance of contempt* by Jacalyn M. Settles, Mannette Gant, Jimmie Ann Brown, Lynda Gates, Mary Glover - Judge John Feikens - Court Reporter: Melina Khammo - *adjourned to 1/20/89 at 8:30 a.m. in Ann Arbor.* (cd)

Jan. 19, 1989

Jan. 19, 1989

PACER

MOTION hearing held and continued on motion for*findings of non-compliance and issuance of contempt* by Jacalyn M. Settles, Mannette Gant, Jimmie Ann Brown, Lynda Gates, Mary Glover - Judge John Feikens - Court Reporter: Ellen *Alexander - adj. to 1/23/89 at 9:00 a.m. in Detroit.* (cd)

Jan. 20, 1989

Jan. 20, 1989

PACER
442

ORDER by Judge John Feikens, for writ of habeas corpus ad testificandum for Antoinette Love to appear on 1/24/89 @ 9:00 am (lh) (Entered: 01/24/1989)

Jan. 23, 1989

Jan. 23, 1989

PACER
443

ORDER by Judge John Feikens, for writ of habeas corpus ad testificandum for Margaret Neal to appear on 1/24/89 @ 9:00 am (lh) (Entered: 01/24/1989)

Jan. 23, 1989

Jan. 23, 1989

PACER
444

ORDER by Judge John Feikens, for writ of habeas corpus ad testificandum for Linda Spragner to appear on 1/24/89 @ 9:00 am (lh) (Entered: 01/24/1989)

Jan. 23, 1989

Jan. 23, 1989

PACER
445

ORDER by Judge John Feikens, for writ of habeas corpus ad testificandum for Carol Henry to appear on 1/24/89 @ 9:00 am (lh) (Entered: 01/24/1989)

Jan. 23, 1989

Jan. 23, 1989

PACER

MOTION hearing held and continued on motion for*findings of non-compliance and issuance of contempt* by Jacalyn M. Settles, Mannette Gant, Jimmie Ann Brown, Lynda Gates, Mary Glover - Judge John Feikens - Court Reporter: Melina Khammo *adjourned to 1/24/89 at 9:00 a.m.* (cd)

Jan. 23, 1989

Jan. 23, 1989

PACER

MOTION hearing held and continued on motion for*findings of non-compliance and issuance of contempt* by Jacalyn M. Settles, Mannette Gant, Jimmie Ann Brown, Lynda Gates, Mary Glover - Judge John Feikens - Court Reporter: William Rittinger *adjourned to Friday Jan. 27, l989 at 1:30 p.m.* (cd)

Jan. 24, 1989

Jan. 24, 1989

PACER

MOTION hearing held and continued on motion for*findings of non-compliance and issuance of contempt* by Jacalyn M. Settles, Mannette Gant, Jimmie Ann Brown, Lynda Gates, Mary Glover - Judge John Feikens - Court Reporter: Melina Khammo *evidentiary hearing - continued until a date to be set by the Court. Deft. State of MI. to produce evidence relevant to Part. VI. 1(a-g) of the Sixth Circuit's opinion in this case by 2/22/89.* (cd)

Jan. 27, 1989

Jan. 27, 1989

PACER
447

MOTION of plaintiffs' for class contact with brief, affidavits and notice of hearing before Judge Feikens on 2/2/89 @ 1:30 PM (lh) (Entered: 02/02/1989)

Feb. 1, 1989

Feb. 1, 1989

PACER
448

PROOF of mailing of motion for class contact [447-1] (lh) (Entered: 02/02/1989)

Feb. 1, 1989

Feb. 1, 1989

PACER
449

APPEARANCE of co-counsel for defendant Perry Johnson, defendant Florence R. Crane, defendant G. Robert Cotton, defendant Frank Beetham, defendant Thomas K. Eardley Jr., defendant B. James George Jr., defendant Duane L. Waters, defendant William Kime, defendant Robert Brown Jr., defendant Richard C Nelson, defendant Gloria Richardson, defendant Dorothy Costen, defendant Ronald Keim of attorney, Richard M. C. Adams. (lh) (Entered: 02/03/1989)

Feb. 2, 1989

Feb. 2, 1989

PACER

MOTION hearing held on motion for class contact - Judge John Feikens - Court Reporter: Melina Khammo *1)deft. to report by 2/6/89 whether it will permit pltfs' counsel to meet once every 6 months w/members of Warden's forum and class reps. in location where guards may visually but not orally observe meeting. If not, Judge Feikens will set a date for an evidentiary hearing and 2) Ms. Harris to report her version of events by way of letter why did she tell the Warden that pltfs' counsel could not meet with more than one client at a time.* (cd)

Feb. 2, 1989

Feb. 2, 1989

PACER
450

TRANSCRIPT of proceedings taken on 1/24/89 (lh) (Entered: 02/07/1989)

Feb. 7, 1989

Feb. 7, 1989

PACER
451

TRANSCRIPT of proceedings taken on 1/20/89 RE: Hearing before Judge Feikens Court Reporter: Nancy E. Glass (lh) (Entered: 02/10/1989)

Feb. 8, 1989

Feb. 8, 1989

PACER
452

MOTION of plaintiffs' for attorney fees with brief, affidavits, attachments and notice of hearing without date. (lh) (Entered: 02/17/1989)

Feb. 14, 1989

Feb. 14, 1989

PACER
453

PROOF of mailing of motion of plaintiffs' for attorney fees [452-1] (lh) (Entered: 02/17/1989)

Feb. 14, 1989

Feb. 14, 1989

PACER
454

ORDER by Judge John Feikens, deadline for submission of defendants' pleadings on or before 2/22/89 with proof of mailing. (lh) (Entered: 02/24/1989)

Feb. 22, 1989

Feb. 22, 1989

PACER
455

NOTICE of Susan A. Harris for filing defendant's documentation regarding per capital costs and program offerings as required by court. (lh) (Entered: 02/24/1989)

Feb. 23, 1989

Feb. 23, 1989

PACER
456

NOTICE of plaintiffs' of hearing on motion of plaintiffs' for attorney fees [452-1] will be heard before Judge Feikens on 3/13/89 @ 1:30 pm (lh) (Entered: 03/01/1989)

Feb. 28, 1989

Feb. 28, 1989

PACER
457

PROOF of mailing of notice hearing on motion of plaintiffs' for attorney fees [452-1] will be heard before Judge Feikens on 3/13/89 @ 1:30 pm [456-1] (lh) (Entered: 03/01/1989)

Feb. 28, 1989

Feb. 28, 1989

PACER
458

NOTICE of for evidentiary hearing before Judge Feikens on 4/10/89 @ 9:00 am (lh) (Entered: 03/13/1989)

March 10, 1989

March 10, 1989

PACER
459

ORDER by Judge John Feikens, for attorney fees as to Ms. Snow in the amount of $735.79 and $944/54 to Ms. LaBelle for 1988 fees. Total fees to be paid to Ms Snow $25,880.75 plus costs of $745.79 and to Ms. LaBelle $21,988.00 plus costs of $944.54. Fees and costs to be paid within ten days of this order. See order for details. (lh) (Entered: 03/14/1989)

March 13, 1989

March 13, 1989

PACER

MOTION hearing held on motion of plaintiffs' for attorney fees - Judge John Feikens - Court Reporter: Elizabeth higdon - *Motion is moot counsel stipulated to entry of an order.* (cd)

March 13, 1989

March 13, 1989

PACER

MOTION hearing held on motion for class contact - Judge John Feikens - Court Reporter: Elizabeth Higdon - Motion is denied. 1)Pltf's will be permitted to have meetings of up to 25 prisoners (minimum and medium security) subject only to occasional "walk-in" checks; 2) Pltf's will be permitted to have meetings of up to 25 minimum, medium and maximum security prisoners with one guard present; and 3) Pltf's will be permitted private meetings with up to 3 maximum security prisoners.* (cd)

March 13, 1989

March 13, 1989

PACER
460

STIPULATION and order by Judge John Feikens, for attorney fees. See order for details (lh) (Entered: 03/16/1989)

March 15, 1989

March 15, 1989

PACER
461

PROOF of mailing of copy of defendants' response to plaintiff's interrogatories and request for production of documents (lh) (Entered: 04/05/1989)

April 4, 1989

April 4, 1989

PACER
462

PETITION of attorney, Deborah LaBelle and Charlene Snow for writ of habeas corpus under 28:2241 (federal custody) as to Dolores Jean Federico to be delivered to U S District Court for 4/13/89 @ 9:00 am. (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
463

PETITION of attorney, Deborah LaBell and Charlene Snow for writ of habeas corpus under 28:2241 (federal custody) as to Anita Alcorta to appear at U S District Court on 4/13/89 @ 9:00 am (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
464

PETITION of attorney Deborah Labelle and Charlene Snow for writ of habeas corpus under 28:2241 (federal custody) as to Gladys Wilson to appear U S District Court on 4/10/89 @ 9:00 am (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
465

PETITION of attorney Deborah LaBelle and Charlene Snow for writ of habeas corpus under 28:2241 (federal custody) as to Susan Fair to appear at U S DIistrict COurt on 4/10/89 @ 9:00 am (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
466

PETITION of attorney Deborah LaBelle and Charlene Snow for writ of habeas corpus under 28:2241 (federal custody) as to Mary Glover to appear at U S District Court on 4/13/89 @ 9:00 am (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
467

PETITION of attorney Deborah LaBelle and Charlene Snow for writ of habeas corpus under 28:2241 (federal custody) as to Stacey Barker to appear at U S District Court on 4/10/89 am (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
468

PETITION of Deborah LaBelle and Charlene Snow for writ of habeas corpus under 28:2241 (federal custody) as to Serena Gordon on 4/10/89 @ 9:00 am (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
469

ORDER by Judge John Feikens granting petition for writ of habeas corpus under 28:2241 (federal custody) as to Serena Gordon on 4/10/89 @ 9:00 am [468-1] (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
470

ORDER by Judge John Feikens granting petition for writ of habeas corpus under 28:2241 (federal custody) as to Stacey Barker to appear at U S District Court on 4/10/89 am [467-1] (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
471

ORDER by Judge John Feikens granting petition for writ of habeas corpus under 28:2241 (federal custody) as to Gladys Wilson to appear U S District Court on 4/10/89 @ 9:00 am [464-1] (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
472

ORDER by Judge John Feikens granting petition for writ of habeas corpus under 28:2241 (federal custody) as to Mary Glover to appear at U S District Court on 4/13/89 @ 9:00 am [466-1] (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER
473

ORDER by Judge John Feikens granting petition for writ of habeas corpus under 28:2241 (federal custody) as to Dolores Jean Federico to be delivered to U S District Court for 4/13/89 @ 9:00 am. [462-1] (lh) (Entered: 04/10/1989)

April 6, 1989

April 6, 1989

PACER

MINUTE SHEET - Hearing on plaintiff's motion for contempt - stage three continued to 4/11/89 @ 9:00 am Court Reporter: Melina Khammo Feikens J (lh)

April 10, 1989

April 10, 1989

PACER

MINUTE SHEET - Heasring on plaintiff motion for contempt- stage three continued to 4/13/89 @ 9:00 am Court Reporter: Donald Miller Feikens,J (lh)

April 11, 1989

April 11, 1989

PACER

MINUTE SHEET - Hearing on plaintiff, Glover's motion for commtempt stage three adjourned until 4/17/89 @ 9:00 am. Court Reporter: Melina Khammo Feikens, J (lh)

April 13, 1989

April 13, 1989

PACER
474

MOTION by plaintiff Jacalyn M. Settles, plaintiff Mannette Gant, plaintiff Jimmie Ann Brown, plaintiff Lynda Gates, plaintiff Mary Glover for entry of judgment to enforce order with brief, attachments "A" thru "D" and notice of hearing without date. (lh) (Entered: 04/17/1989)

April 14, 1989

April 14, 1989

PACER
475

PROOF of mailing of motion for entry of judgment to enforce order [474-1] (lh) (Entered: 04/17/1989)

April 14, 1989

April 14, 1989

PACER
476

SUMMARY of exhibits filed by defendants. (lh) (Entered: 04/17/1989)

April 17, 1989

April 17, 1989

PACER

MOTION hearing held on motion evidentiary hearing - Judge John Feikens - Court Reporter: Melina Khammo - *motion, by pltfs., for contempt, Stage III - adjourned to 4/18/89 at 9:00 a.m..* (cd)

April 17, 1989

April 17, 1989

PACER

MOTION hearing held on motion evidentiary hearing - Judge John Feikens - Court Reporter: Melina Khammo *motion by pltf. for contempt, Stage III - adj. to 4/21/89 at 2:00 p.m.*i (cd)

April 18, 1989

April 18, 1989

PACER
477

TRANSCRIPT of proceedings taken on 4/11/89 CRP: Donald Miller. (lh) (Entered: 04/24/1989)

April 19, 1989

April 19, 1989

PACER

MOTION hearing held on motion for entry of judgment to enforce order by Mary Glover, Lynda Gates, Jimmie Ann Brown, Mannette Gant, Jacalyn M. Settles - Judge John Feikens - Court Reporter: Melina Khammo *Pltf. to take up to 10 days (5/3/89) to file brief in favor of certification; Deft. to have up to 10 days to respond (5/15/89) and then this motion will be deemed taken under advisement.* to (cd)

April 21, 1989

April 21, 1989

PACER

MOTION hearing held on motion evidentiary hearing - Judge John Feikens - Court Reporter: Melina Khammo *Evidentiary hearing on Pltf's motion for contempt - Pltfs. have one week to prepare their Amendments to Deft's summary of exhibits 113,119; Pltfs. and Defts. to take two week to prepare final briefs; Pltfs. and Defts. to have 2 weeks thereafter to respond to each other's submissions.To be deemed taken under advisement on 5/26/89.* (cd)

April 21, 1989

April 21, 1989

PACER
478

NOTICE of taking de bene esse deposition of Paul Wreford 4/26/89 @ 2:00 pm SI (lh) (Entered: 04/26/1989)

April 25, 1989

April 25, 1989

PACER
479

PROOF of mailing of notice taking de bene esse deposition of Paul Wreford 4/26/89 @ 2:00 pm SI [478-1] (lh) (Entered: 04/26/1989)

April 25, 1989

April 25, 1989

PACER
480

SUPPLEMENTAL (amendment) of plaintiffs' to defendants' summary of exhibits [476-1] (lh) (Entered: 05/01/1989)

April 28, 1989

April 28, 1989

PACER
481

PROOF of mailing of supplement [480-1] (lh) (Entered: 05/01/1989)

April 28, 1989

April 28, 1989

PACER
482

MOTION of plaintiffs' to certify a question to the Court of Appeals with brief, attachments "A" an "B", notice of hearing without date and proof of mailing. (lh) (Entered: 05/04/1989)

May 3, 1989

May 3, 1989

PACER
483

ORDER by Judge John Feikens, that plaintiff shall file amemdment to defendants' summary of defendants'exhibit list on or before 4/2/89, deadline for briefion or before 14 days after the availability of transcripts, deadline for reply (response brief) to to be filed ten days after receipt of original brief and that plaintiffs shall file certification papers from on plaintiffs' Motion for Entry of Judgment to Implement COurt's Order regarding Prison Legal Services on or before 5/2/89 and defendant's response on or before 5/12/89 with proof of mailing. (lh) (Entered: 05/05/1989)

May 4, 1989

May 4, 1989

PACER
484

NOTICE of filing of deposition with the court in compliance with Local Rule 16(g) of Paul Wreford (lh) (Entered: 05/12/1989)

May 11, 1989

May 11, 1989

PACER
485

PROOF of mailing of notice filing of deposition with the court in compliance with Local Rule 16(g) of Paul Wreford [484-1] (lh) (Entered: 05/12/1989)

May 11, 1989

May 11, 1989

PACER
486

DEPOSITION of Paul Wreford taken on 4/26/89 @ 2:00 pm (lh) (Entered: 05/12/1989)

May 11, 1989

May 11, 1989

PACER
487

PROOF of mailing of substitute attorney [487-1] (lh) (Entered: 06/19/1989)

June 12, 1989

June 12, 1989

PACER
488

EX PARTE MOTION and order by Judge John Feikens allowing the defendants to file a brief in excess of twenty pages with proof of mailing. (lh) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

PACER
489

MOTION by plaintiffs' to file brief in excess of the twenty page limit specified by the Local Court Rules with brief, and proof of mailing. (lh) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

PACER
490

ORDER by Judge John Feikens granting motion to file brief in excess of the twenty page limit specified by the Local Court Rules by plaintiffs [489-1] with proof of mailing (lh) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

PACER
491

MEMORANDUM (brief and closing argument) by plaintiff in support of contempt and in response to sixth circuit remand (lh) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

PACER
492

APPENDIX to memorandum (brief and closing argument) in support by Jacalyn M. Settles [491-1] (lh) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

PACER
493

PROOF of mailing of memorandum in support [491-1], appendix [492-1] (lh) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

PACER
494

ERRATA by plaintiffs' for findings of fact [425-1] (lh) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

PACER
495

PROOF of mailing of errata [494-1] (lh) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

PACER
496

STATEMENT by defendants' - re: Closing Arguments with exhibits. (lh) (Entered: 07/11/1989)

July 10, 1989

July 10, 1989

PACER
497

MOTION by defendants for leave to withdraw appearance of lead counsel with brief, exhibits and proof of mailing. (lh) (Entered: 07/18/1989)

July 17, 1989

July 17, 1989

PACER
498

NOTICE by defendants' of hearing on motion for leave to withdraw appearance of lead counsel by Perry Johnson [497-1] with proof of mailing. (lh) (Entered: 07/21/1989)

July 20, 1989

July 20, 1989

PACER
499

MOTION and order by Judge John Feikens that plaintiff be allowed to file brief in excess of twenty page limit as specified by Local Court Rule with brief and proof of mailing. (lh) (Entered: 07/31/1989)

July 28, 1989

July 28, 1989

PACER
500

ANSWER (response) by plaintiffs' to defendants' closing argument (see "statement" on docket with proof of mailing) (lh) (Entered: 07/31/1989)

July 28, 1989

July 28, 1989

PACER
501

REPLY MEMORANDUM by defendant Ronald Keim, defendant Dorothy Costen, defendant Gloria Richardson, defendant Richard C Nelson, defendant Robert Brown Jr., defendant William Kime, defendant Duane L. Waters, defendant B. James George Jr., defendant Thomas K. Eardley Jr., defendant Frank Beetham, defendant G. Robert Cotton, defendant Florence R. Crane, defendant Perry Johnson with proof of mailing. (CD) (Entered: 08/02/1989)

Aug. 1, 1989

Aug. 1, 1989

PACER

MOTION hearing held on motion for leave to withdraw appearance of lead counsel by Perry Johnson - Judge John Feikens - Court Reporter: Melina Khammo *motion granted conditionally - JF will review each hearing on this case and will notify Harris in advance if he wants her to attend hearing.* (cd)

Aug. 1, 1989

Aug. 1, 1989

PACER
502

ORDER by Judge John Feikens granting motion for leave to withdraw appearance of lead counsel by Perry Johnson [497-1 ] with proof of mailing. (lh) (Entered: 08/08/1989)

Aug. 7, 1989

Aug. 7, 1989

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 19, 1977

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All female penal inmates who are now, or may be in the future, incarcerated at the Huron Valley Women's Facility and at the Kalamazoo County Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

None yet

Source of Relief:

Litigation

Amount Defendant Pays: 300,000+

Order Duration: 1979 - 1999

Content of Injunction:

Discrimination Prohibition

Monitoring

Issues

General:

Access to lawyers or judicial system

Classification / placement

Education

Law library access

Library (non-law) access

Rehabilitation

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run