Case: Heit v. VanOchten

1:96-cv-00800 | U.S. District Court for the Western District of Michigan

Filed Date: Oct. 4, 1996

Clearinghouse coding complete

Case Summary

On October 4, 1996, prisoners of the state of Michigan filed this class action lawsuit under 42 U.S.C. § 1983 against the Michigan Department of Corrections in the U.S. District Court for the Western District of Michigan. The plaintiffs, represented by the National Prison Project of the American Civil Liberties Union, asked the court for injunctive relief, alleging that their constitutional rights had been violated by unconstitutional state administrative prisoner disciplinary hearing practice…

On October 4, 1996, prisoners of the state of Michigan filed this class action lawsuit under 42 U.S.C. § 1983 against the Michigan Department of Corrections in the U.S. District Court for the Western District of Michigan. The plaintiffs, represented by the National Prison Project of the American Civil Liberties Union, asked the court for injunctive relief, alleging that their constitutional rights had been violated by unconstitutional state administrative prisoner disciplinary hearing practices and procedures. Specifically, the complaint alleged that the defendants kept statistical records of its wins and losses before administrative law judges (ALJ's), used disciplinary threats against ALJ's to manipulate the conviction rate, and instructed ALJ's to issue not guilty rulings in no more than 10% of the disciplinary cases. In another case raising the same legal issue, Perry v. McGinnis, 209 F.3d 597 (6th Cir. 2000), the court of appeals found that "overwhelming evidence suggests that there was, at the very least, a strong expectation that the not guilty/dismissal rate should not rise above 10%" and stated that "[i]f hearing officers focus on finding 90% of the defendants before them guilty, as the evidence adduced thus far suggests, they cannot possibly be impartial, as is required by Wolff."

On April 27, 2000, the parties reached a settlement, in which the defendants agreed to discontinue the disciplinary procedures in question. On January 8, 2001, the U.S. District Court for the Western District of Michigan (Judge Richard Alan Enslen) approved the agreement as a consent decree and temporarily dismissed the case so long as the parties do not commit a material breach of the decree for one year. Heit v. Van Ochten, 126 F.Supp.2d 487 (W.D.Mich. 2001).

The issue of attorneys fees continued to be litigated up until 2003. Moreover, various individual members of the plaintiff class filed pleadings to the court, which were initially denied. They appealed this decision, and the motion to appeal was granted on December 17, 2008. The United States Court of Appeals dismissed one appeal on March 8, 2009 for want of prosecution; another appeal proceeded but on November 17, 2010 the Court of Appeals affirmed the district court's order.

Summary Authors

Kristen Sagar (9/8/2006)

People


Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Enslen, Richard Alan (Michigan)

Keith, Damon Jerome (Michigan)

Maloney, Paul Lewis (Michigan)

Rowland, Doyle A. (Michigan)

Siler, Eugene Edward Jr. (Kentucky)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Streeter, Patricia A. (Michigan)

Attorneys(s) for Defendant

Campbell, Christine M. (Michigan)

Friedman, Leo H. (Michigan)

Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Enslen, Richard Alan (Michigan)

Keith, Damon Jerome (Michigan)

Maloney, Paul Lewis (Michigan)

Rowland, Doyle A. (Michigan)

Siler, Eugene Edward Jr. (Kentucky)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Streeter, Patricia A. (Michigan)

Attorneys(s) for Defendant

Campbell, Christine M. (Michigan)

Friedman, Leo H. (Michigan)

Granholm, Jennifer M. (Michigan)

Matus, Mark W. (Michigan)

Olivieri, Linda M. (Michigan)

Walton, Lamont M. (Michigan)

Documents in the Clearinghouse

Document

Docket (PACER)

Dec. 9, 2010 Docket

Consent Decree, Order & Judgment

Jan. 1, 1998 Settlement Agreement
390

Reported Opinion

126 F.Supp.2d 487

Jan. 8, 2001 Order/Opinion
392

Order

Heit v. Corsetti

2001 U.S.Dist.LEXIS 532

Jan. 12, 2001 Order/Opinion
411

Order Vacating Rejection of Pleadings and Order Denying Objection

Sept. 26, 2008 Order/Opinion
416

Notice of Appeal

Oct. 22, 2008 Notice Letter
420

Order Granting Request to Appeal In Forma Pauperis

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

Dec. 17, 2008 Order/Opinion
422

Order [Dismissing Cause for Want of Prosecution]

U. S. Court of Appeals for the Sixth Circuit

March 4, 2009 Order/Opinion
423

Order [Reinstating Case]

U. S. Court of Appeals for the Sixth Circuit

March 8, 2010 Order/Opinion
425

Order [Affirming District Court's Order]

U. S. Court of Appeals for the Sixth Circuit

Nov. 17, 2010 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed (57 pgs) w/jury demand, afdvt of financial status and certificate establishing prisoner account activity declaration in support of request to proceed in forma pauperis, &exhibit A; referred to Magistrate Judge Hugh W. Brenneman Jr. and automatically assigned to the Administrative Track. (mfb) (Entered: 10/07/1996)

Oct. 4, 1996
2

ORDER (1 pg) to proceed in forma pauperis by Magistrate Judge Hugh W. Brenneman Jr. (cc: to pltf on 10/7/96) (mfb) (Entered: 10/07/1996)

Oct. 4, 1996
3

MOTION by pltfs Richard T. Heit, Michael Wilcox &Brad Hangsleben for TRO and for preliminary injunction (mfb) (Entered: 10/07/1996)

Oct. 4, 1996
4

ORDER (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr.: pltf Richard T. Heit shall pay to the Clerk the sum of $12.16 as the initial partial filing fee w/in 30 days (11/11/96); pltfs failure to comply w/this order will result in dismissal of this case w/out prejudice; the MI Dept of Correc shall place a hold on pltf's prisoner account until the full filing fee is paid (cc: all counsel) (mfb) Modified on 10/16/1996 (Entered: 10/16/1996)

Oct. 11, 1996
5

ORDER (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr.: pltf Michael Wilcox shall pay to the Clerk the sum of $14.28 as the initial partial filing fee w/in 30 days (11/11/96); pltf's failure to comply w/this order will result in dismissal of this case w/out prejudice; the MI Dept of Correc shall place a hold on pltf's prisoner account until the full filing fee is paid (cc: all counsel) (mfb) (Entered: 10/16/1996)

Oct. 11, 1996
6

ORDER (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr.: pltf Brad Hangsleben shall pay to the Clerk the sum of $20.39 as the initial partial filing fee; pltf's failure to comply w/this order will result in dismissal of this case w/out prejudice; the MI Dept of Correc shall place a hold on pltf's prisoner account until the full filing fee is paid (cc: all counsel) (mfb) (Entered: 10/16/1996)

Oct. 11, 1996
7

MOTION by pltf Michael Wilcox for an order for guidance and/or for clarification &certificate of svc (mfb) (Entered: 10/17/1996)

Oct. 16, 1996
9

ORDER FOR PAYMENT OF INITIAL PARTIAL FILING FEE (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr.: w/in 30 days (11/18/96) pltf Richard T. Heit shall pay to the Clerk the sum of $12.16, pltf Michael Wilcox shall pay to the Clerk the sum of $14.28 &the pltf Brad Hanglseben shall pay the the Clerk the sum of $20.39; pltfs failure to comply w/this order will result in that pltf's dismissal from this case w/out prejudice &the remaining pltf(s) shall then be responsible for paying the entire $120.00 fee; the MI Dept of Correc shall place a hold on pltfs' prisoner accounts until the fill filing fee is paid (cc: all counsel on 10/21/96) (mfb) Modified on 10/21/1996 (Entered: 10/21/1996)

Oct. 18, 1996
10

RECEIPT #036850 in the amount totalling $46.83 submitted by all pltfs Richard T. Heit ($12.16); Michael Wilcox ($14.28); &Brad Hangsleben ($20.39) for payment of the initial partial filing fee (mfb) (Entered: 11/13/1996)

Nov. 12, 1996
11

ORDER (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr.: the Clerk shall arrange for svc of the summons &complaint, w/a copy of this order, upon defts; defts shall reply to the complaint after svc, by way of answer, motion to dismiss, or motion for summary judgment w/in time allowed by law (cc: all counsel on 11/20/96) (mfb) (Entered: 11/20/1996)

Nov. 15, 1996

SUMMONS issued as to defts MI Dept of Corr, Marjorie VanOchten, &Richard Stapleton and delivered to US Marshal for svc; copy of complaint sent to Atty General (mfb) (Entered: 11/20/1996)

Nov. 20, 1996
12

CHANGE OF ADDRESS by pltf Michael Wilcox to Chippewa Correctional Facility, 4535 W. Tone Rd., Kincheloe, MI 49784 (mfb) (Entered: 11/22/1996)

Nov. 21, 1996
13

SUMMONS AND RETURN OF SERVICE executed upon defts MI Dept of Correc, Marjorie VanOchten, &Richard Stapleton on 11/25/96 w/acknowledgment of receipt of summons &complaint via Marta K. Middleton, Lit. Coordinator (mfb) (Entered: 12/02/1996)

Nov. 27, 1996
14

APPEARANCE OF COUNSEL by atty Christing M. Campbell on behalf of defts Marjorie VanOchten &Richard Stapleton (mfb) (Entered: 12/06/1996)

Dec. 5, 1996
15

MOTION &BRIEF by defts Marjorie VanOchten &Richard Stapleton for enlargement of time in which to file responsive pleading (O/A requested) w/proposed order (mfb) (Entered: 12/06/1996)

Dec. 5, 1996
16

MOTION by pltf Richard T. Heit for an order for certification of class action w/memorandum of law in support w/proposed order &cert of svc (mfb) (Entered: 12/16/1996)

Dec. 13, 1996
17

ORDER (3 pgs) by Chief Judge Richard A. Enslen denying pltf's motion for preliminary injunction [3−2] (cc: all counsel 12/17/96) (skb) (Entered: 12/19/1996)

Dec. 17, 1996
18

ORDER (1 pg) by Magistrate Judge Hugh W. Brenneman Jr. granting defts' motion for enlargement of time in which to file responsive pleading (O/A requested) [15−1] on or before 1/17/97 (cc: all counsel 12/20/96) (skb) (Entered: 12/20/1996)

Dec. 19, 1996
19

MOTION by pltf Michael Wilcox for appointment of counsel w/brief in support &cert of svc (mfb) (Entered: 01/03/1997)

Dec. 23, 1996
20

OPPOSITION by defts to pltf's motion for an order for certification of class action [16−1] should be denied &prf of svc (mfb) (Entered: 01/06/1997)

Dec. 30, 1996
21

ORDER (2 pgs) by Chief Judge Richard A. Enslen: pltf's motion for an order for certification of class action is denied (cc: all counsel on 1/7/97) (mfb) (Entered: 01/07/1997)

Jan. 2, 1997
22

CERTIFICATE OF SERVICE by pltf Richard T. Heit for 1st request for admissions (mfb) (Entered: 01/08/1997)

Jan. 6, 1997
23

CERTIFICATE OF SERVICE by pltf Michael Wilcox for 1st set of interrogatories (mfb) (Entered: 01/08/1997)

Jan. 6, 1997
25

ORDER (1 pg) by Magistrate Judge Hugh W. Brenneman Jr.: pltfs motion for appointment of counsel [19−1] is denied (cc: all counsel) (mfb) (Entered: 01/09/1997)

Jan. 8, 1997
26

MOTION by defts to stay discovery (O/A requested) w/brief in support, attachments &proof of svc (mfb) (Entered: 01/22/1997)

Jan. 21, 1997
27

OBJECTIONS by pltf Michael Wilcox to order denying pltfs' motion for appointment of counsel [25−1] &cert of svc (mfb) (Entered: 01/22/1997)

Jan. 21, 1997
28

MOTION by defts Marjorie VanOchten &Richard Stapleton for Rule 12(b) dismissal and Rule 56(b) for summary judgment (O/A requested) w/brief in support, exhibits 1 &2, &proof of svc (mfb) (Entered: 01/22/1997)

Jan. 21, 1997
29

SECOND MOTION by pltf for TRO and for preliminary injunction w/memorandum in support, declaration in support, attachments &prf of svc (mfb) (Entered: 01/29/1997)

Jan. 23, 1997
30

MOTION &BRIEF by pltf Richard T. Heit to compel discovery requests &cert of svc (mfb) (Entered: 01/29/1997)

Jan. 23, 1997
31

CERTIFICATE OF SERVICE by pltf Michael Wilcox re pltf's 2nd request for documents (mfb) (Entered: 02/05/1997)

Feb. 3, 1997
32

MOTION by pltf Michael Wilcox for leave to supplement pltf's motion to compel discovery w/brief in support &cert of svc (mfb) (Entered: 02/05/1997)

Feb. 3, 1997
33

MOTION by pltf Michael Wilcox for enlargement of time to respond to defts motion for dismissal and/or summary judgment (doc #28) w/brief in support incorporated &prf of svc (mfb) (Entered: 02/05/1997)

Feb. 3, 1997
34

MOTION by pltf Richard T. Heit for Rule 56(f) continuance pending discovery w/brief in support incorporated &cert of svc (mfb) (Entered: 02/06/1997)

Feb. 5, 1997
35

AFFIDAVIT of pltfs Richard Heit &Michael Wilcox in support of motion for Rule 56(f) continuance pending discovery [34−1] &cert of svc (mfb) (Entered: 02/07/1997)

Feb. 6, 1997
36

RESPONSE by defts to pltf's motion for Rule 56(f) continuance pending discovery [34−1] &prf of svc (mfb) (Entered: 02/11/1997)

Feb. 7, 1997
37

PROOF OF SERVICE by deft re the RRand memorandum opinion &order approving the RRin Willis v. Aleo, et al., Case No 2:94−cv−103 in response to pltfs' 1/31/97 motion to compel discovery upon pltfs (mfb) (Entered: 02/11/1997)

Feb. 7, 1997
38

MOTION by pltf Michael Wilcox to strike defts' motion for summary judgment (doc #28) w/brief in support, attachments &cert of svc (mfb) (Entered: 02/18/1997)

Feb. 14, 1997
39

PETITION by pltf Richard T. Heit to obtain depositions upon written questions, copy of unsworn declaration of Michael Wilcox, ntc of hrg w/date &time to be set by court, &cert of svc (mfb) (Entered: 02/18/1997)

Feb. 14, 1997
40

RESPONSE by pltf Richard T. Heit to deft's motion opposing pltf's motion for Rule 56(f) continuance pending discovery [34−1] (mfb) (Entered: 02/18/1997)

Feb. 14, 1997
41

PROOF OF SERVICE by defts re defts' motion &brief to amend complaint, proposed amended defts &amended complaint w/exhibits 4,5,&7 in Willis v. Aleo, et al., Case No. 2:94cv103 in response to pltf Wilcox's 2/8/97 letter (mfb) (Entered: 02/26/1997)

Feb. 25, 1997
42

2ND LETTER to court from pltf Michael Wilcox requesting a copy of the docket sheet; copy of docket sheet sent to pltf (mfb) (Entered: 03/14/1997)

March 12, 1997
43

MOTION by pltf Richard T. Heit for immediate judgment as to the law governing this case, &thereby the questionof deft's claimed defense of qualified immunity w/brief in support incorporated, ntc of hrg w/date &time to be set &prf of svc (mfb) (Entered: 03/20/1997)

March 19, 1997
45

RECEIPT (Prison Litigation) #301647 in the amount of $15.00 submitted by pltf Richard T. Heit for filing fee installment; total paid prior to this receipt: $46.83 ; TOTAL PAID TO DATE: $61.83 (mfb) (Entered: 05/02/1997)

April 30, 1997
46

CHANGE OF ADDRESS by pltf Michael Wilcox (skb) (Entered: 06/11/1997)

June 9, 1997
47

MOTION by pltf Michael Wilcox for an order for guidance w/brief in support &prf of svc (mfb) (Entered: 06/23/1997)

June 20, 1997
48

REPORT AND RECOMMENDATION by Magistrate Judge Hugh W. Brenneman Jr. that defts' motion be granted for immediate judgment as to the law governing this case, &thereby the question of deft's claimed defense of qualified immunity [43−1] and that the case be dismissed (5 pgs) (cc: all counsel 8/6/97) (skb) Modified on 04/09/1998 (Entered: 08/06/1997)

Aug. 4, 1997
49

MOTION by pltf Michael Wilcox for order to withdraw from case &cert of svc (mfb) (Entered: 08/14/1997)

Aug. 13, 1997
50

MOTION by pltf Richard T. Heit for enlargement of time to file objections to the RR&prf of svc (mfb) (Entered: 08/18/1997)

Aug. 15, 1997

Copy of RRre−mailed to Attorney General's office as they did not receive it; mailed to the attention of Melanie Pletcher, asst. to attorney Christine Campbell (krv) (Entered: 08/18/1997)

Aug. 18, 1997
51

OBJECTIONS by pltf Richard T. Heit to Report and Recommendation [48−1] w/attached exhibits &prf of svc (mfb) (Entered: 08/19/1997)

Aug. 18, 1997
52

LETTER to court from pltf Michael Wilcox re payment of filing fee (mfb) (Entered: 08/25/1997)

Aug. 18, 1997
53

RESPONSE by defts to pltfs' objections to the Report &Recommendation of 7/31/97 [51−1] w/attachments &prf of svc (mfb) (Entered: 08/26/1997)

Aug. 22, 1997
54

MOTION by pltf Richard T. Heit for leave to file/submit verified amended compliant w/prf of svc, &proposed 1st verified amended complaint w/exhibits (mfb) (Entered: 09/03/1997)

Sept. 2, 1997
55

REPONSE by defts OPPOSING pltf Heit's motion for leave to file/submit verified amended compliant [54−1] w/prf of svc &attachments (mfb) (Entered: 09/08/1997)

Sept. 5, 1997
56

RESPONSE by pltf Richard T. Heit to defts response to pltf's objection to RR [51−1]; cert of svc (mrs) (Entered: 09/10/1997)

Sept. 8, 1997
57

ORDER (2 pgs) by Magistrate Judge Hugh W. Brenneman Jr. pltf Wilcox's motion to withdraw from this action [49−1] is unopposed and GRANTED; the other requests for relief made by pltf Wilcox alone, docket numbers 7 (parts 1 &2), 32, 33, 38 &47 are rendered moot and are DENIED; in light of the pending Rdeft Stapleton's motion to stay discovery [26−1] is GRANTED pending ruling on pltf Heit's objections to the RR pltf Heit's motion to compel discovery responses [30−1] and petition to obtain deposition on written questions of Bruce Maybee [39−1] are DENIED w/out prejudice to renewal should the stay be lifted; pltf Heit's motion for Rule 56(f) continuance pending discovery [34−1] and for immediate jgm [43−1] are DENIED w/out prejudice as moot in light of the recommendation of dismissal under Rule 12(b)(6) for lack of standing; pltf Heit's motion for enlargement of time to file objections to the RR[50−1] is DENIED (cc: all counsel 9/25/97) (skb) (Entered: 09/25/1997)

Sept. 24, 1997
58

REPLY by pltf Richard T. Heit to deft's response to pltf's motion for leave to file/submit verified amended compliant [54−1] w/prf of svc (skb) (Entered: 09/25/1997)

Sept. 24, 1997
59

REPORT AND RECOMMENDATION by Magistrate Judge Hugh W. Brenneman Jr. that pltf Heit's motion for TRO and preliminary injunction [29−1,2] &pltf's motion for leave to amended complaint [54−1] is denied (6 pgs); any objections to be filed w/in 10 days (cc: all counsel) (mfb) Modified on 05/04/1998 (Entered: 09/26/1997)

Sept. 26, 1997
60

CHANGE OF ADDRESS by pltf (skb) (Entered: 09/30/1997)

Sept. 29, 1997
61

RECEIPT (Prison Litigation) #303850 in the amount of $25.72 submitted by pltf Richard T. Heit for filing fee installment; total paid prior to this receipt: 61.83; PAID TO DATE: $87.55 (mfb) (Entered: 10/06/1997)

Oct. 3, 1997
62

OBJECTIONS by pltf Richard T. Heit to second Report and Recommendation [59−1] &prf of svc (mfb) (Entered: 10/29/1997)

Oct. 28, 1997
63

ORDER (13 pgs) by Chief Judge Richard A. Enslen granting pltfs' motion for appointment of counsel [19−1]; Elizabeth Alexander is appointed ; Status Conf is set for 2:30 p.m. on 5/4/98 before Judge Enslen (cc: all counsel) (rlw) (Entered: 04/01/1998)

March 31, 1998
64

ATTORNEY APPEARANCE by pltf Richard T. Heit adding attorney(s) Patricia A. Streeter w/prf of svc (mrs) (Entered: 04/10/1998)

April 10, 1998
65

ATTORNEY SUBSTITUTION: terminating attorney Christine M. Campbell for defts Richard Stapleton, Marjorie VanOchten and MDOC; and substituting attorney Linda M. Olivieri for the defts w/prf of svc (mrs) (Entered: 04/15/1998)

April 15, 1998
66

ATTORNEY APPEARANCE by pltfs Richard T. Heit and Brad Hangsleben adding attorney(s) Elizabeth Alexander (mrs) (Entered: 04/16/1998)

April 15, 1998
67

RENEWED MOTION by pltf Richard T. Heit for certification as class action w/brief in support and proposed amended class action complaint (mrs) (Entered: 04/16/1998)

April 15, 1998
68

MOTION by pltf Brad Hangsleben to withdraw as pltf w/brief in support (mrs) (Entered: 04/16/1998)

April 15, 1998
69

MOTION by pltf for leave to file supplemental objections to magistrate judge's RRw/brief in support (mrs) (Entered: 04/16/1998)

April 15, 1998
70

PROOF OF SERVICE by pltf for pleadings #66 thru #69 (mrs) (Entered: 04/16/1998)

April 15, 1998
71

REQUEST by defts Richard T. Heit and Brad Hangsleben for to exempt parties from attendance at Rule 16 Scheduling Conference (mrs) (Entered: 04/28/1998)

April 15, 1998
72

ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM ( 1 pgs) by Chief Judge Richard A. Enslen that the Clerk of the Court issue a Writ to the Warden at Oaks Correctional Facility at East Lake Michigan to bring Richard T. Heit before this Court on Monday, May 4, 1998 at 2:30 p.m. before Magistrate Judge Doyle A. Rowland. Prisoner is required to bring civilian clothing for his Court appearance (cc: all counsel)(cr) Modified on 04/28/1998 (Entered: 04/17/1998)

April 17, 1998

WRIT issued as to Richard T. Heit. Warden at Oaks Correctional Facility to bring Plaintiff Heit before Magistrate Judge Doyle A. Rowland, 410 W. Michigan Ave., Kalamazoo, MI, on May 4, 1998 at 2:30 p.m. Copies to all counsel, Marshals office in Grand Rapids and Kalamazoo and Warden at Oaks Correctional Facility. (cr) (Entered: 04/17/1998)

April 17, 1998
73

ORDER (1 pg) by Chief Judge Richard A. Enslen granting pltf Hangsleben's motion to withdraw as pltf [68−1]; and claims by party Brad Hangsleben are dismissed with prejudice (cc: all counsel) (mrs) (Entered: 04/28/1998)

April 27, 1998
74

ORDER (1 pg) by Chief Judge Richard A. Enslen denying deft's request to exempt parties from attendance [71−1] (cc: all counsel) (mrs) (Entered: 04/28/1998)

April 27, 1998
75

MOTION by defts for enlargement of time to respond to amended complaint, renewed motion for certification, motion to withdraw pltf, and motion to file supplemental objections to RRw/brief in support (mrs) (Entered: 04/29/1998)

April 29, 1998
76

JOINT STATUS REPORT w/prf of svc (mrs) (Entered: 04/30/1998)

April 29, 1998
78

ORDER (2 pgs) by Chief Judge Richard A. Enslen denying defts' motion for enlargement of time [75−1]; granting pltf's motion for certification as class action [67−1]; dismissing the following motions without prejudice: for TRO [29−1] and/or for preliminary injunction [29−2], to strike defts' motion for summary judgment [38−1], for immediate judgment [43−1], for leave to file/submit verified amended compliant [54−1], objections to RRfiled 8/18/97 [51−1], and objections to RRfiled 10/28/97 [62−1]; REPORT AND RECOMMENDATION filed 8/4/97 [48−1] and 9/26/97 [59−1] are rejected as moot; motion for leave to file supplemental objections [69−1] is denied as moot; and motion for Rule 12(b) dismissal [28−1] or 56(b) summary judgment [28−2] is denied as moot (cc: all counsel) (mrs) (Entered: 05/04/1998)

May 4, 1998

PROCEEDING before Magistrate Judge Doyle A. Rowland; Rule 16 Conf held at 2:30 p.m. on 5/4/98. CMO to follow. All pending motions dismissed w/o prejudice. Order to follow; Recorder, S. Seaton, tape #918 (mrs) (Entered: 05/05/1998)

May 4, 1998
93

AMENDED COMPLAINT (7 pgs) by pltf pursuant to Court Order of 5/4/98 dkt #78 (mrs) Modified on 08/31/1998 (Entered: 08/31/1998)

May 4, 1998
79

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland dismissing all pending motions without prejudice (cc: all counsel) (mrs) (Entered: 05/05/1998)

May 5, 1998
80

ANSWER to amended class action complaint by defts w/prf of svc (mrs) (Entered: 05/07/1998)

May 5, 1998
81

ORDER (1 pg) by Chief Judge Richard A. Enslen Case referred to Magistrate Judge Doyle A. Rowland (cc: all counsel) (mrs) (Entered: 05/08/1998)

May 8, 1998
82

CASE MANAGEMENT ORDER (7 pgs) by Chief Judge Richard A. Enslen; joinder/amendment by 10/1/98; pltf's witnesses by 12/1/98; dft's witnesses by 2/15/99; interrogatories limited to 25 single part questions; depositions limited to 25 fact witnesses per party; trial set for 5/1/2000 trial session; discovery completed by 6/1/99; motion filing ddl set for 9/30/99; settlement conf set for 10:00 a.m. on 7/28/98 before Magistrate Judge Rowland; final pretrial conf set for 2:30 p.m. on 4/18/2000 before Magistrate Judge Rowland; ADR conference scheduled for 10/13/98 at 11:00 a.m. before Magistrate Judge Rowland; case assigned to complex track (cc: all counsel) (mrs) (Entered: 05/08/1998)

May 8, 1998
83

MOTION by pltf Richard T. Heit For Order Requiring Notice to the Class w/brief in support and attached Certificate of Service. (cr) (Entered: 06/09/1998)

June 5, 1998
84

RULE 12(b) MOTION by deft for dismissal w/brief in support &prf of svc (mfb) (Entered: 07/06/1998)

July 2, 1998
85

MOTION by defts for a protective order staying discovery w/brief in support &prf of svc (mfb) (Entered: 07/06/1998)

July 2, 1998
86

RESPONSE by pltf Richard T. Heit to motion for a protective order staying discovery [85−1] (cr) (Entered: 07/21/1998)

July 17, 1998
87

AFFIDAVIT of Elizabeth Alexander regarding Request for Production of Documents/Motion for a Protective Order. (cr) (Entered: 07/21/1998)

July 17, 1998
88

RESPONSE by pltf Richard T. Heit to motion for dismissal [84−1], motion For Order Requiring Notice to the Class [83−1] (cr) (Entered: 07/21/1998)

July 17, 1998
89

PROOF OF SERVICE by pltf Richard T. Heit for Plds #86 thru #88. (cr) (Entered: 07/21/1998)

July 17, 1998

PROCEEDING before Magistrate Judge Doyle A. Rowland ; ; Settlement conference Held at 10:00 a.m. on 7/28/98. Settlement was not reached by the ptys. Motion For Order (DKt. #83) Granted, Order to Follow ; C. Rather, Tape #931 (cr) Modified on 08/03/1998 (Entered: 08/03/1998)

July 29, 1998
92

ATTORNEY SUBSTITUTION: terminating attorney Linda M. Olivieri for MI Dept of Corr, Marjorie VanOchten and Richard Stapleton and substituting attorney

July 30, 1998
91

NOTICE OF CLASS ACTION (By the Court) to be posted on each floor of every housing unit in general population prisoners and to be provided individually to all other prisoners. (cr) Modified on 09/03/1998 (Entered: 08/03/1998)

Aug. 3, 1998
94

MOTION by pltf Richard T. Heit for order to show cause w/brief in support with attached certificate of service. (cr) (Entered: 09/15/1998)

Sept. 14, 1998
95

MOTION by pltf Richard T. Heit To Modify Case Management Order w/brief in support with attached certificate of service. (cr) (Entered: 09/15/1998)

Sept. 14, 1998
96

ORDER Directing Defendants to Respond ( 1 pgs) by Magistrate Judge Doyle A. Rowland directing Defendants to respond to Pltf's Motion for Order to Show Cause (Dkt. #94) and Motion to Modify Case Management Order (Dkt. #95) on or before Sept. 23, 1998 (cc: all counsel) (cr) (Entered: 09/16/1998)

Sept. 16, 1998
97

MEMORANDUM OPINION ( 7 pgs) by Chief Judge Richard A. Enslen (cc: all counsel) (cr) (Entered: 09/24/1998)

Sept. 23, 1998
98

ORDER in accordance with Memorandum Opinion( 1 pgs) by Chief Judge Richard A. Enslen denying Defts' motion for a protective order staying discovery [85−1] as moot, denying Defts' motion for dismissal [84−1] pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6) (cc: all counsel) (cr) (Entered: 09/24/1998)

Sept. 23, 1998
99

RESPONSE by deft to motion for order to show cause [94−1] with proof of service. (cr) (Entered: 09/29/1998)

Sept. 28, 1998
100

REPLY brief in support of Motion For Order to Show Cause by pltf Richard T. Heit [94−1] with attached certificate of service. (cr) (Entered: 09/30/1998)

Sept. 30, 1998

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 4, 1996

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

prisoners of the state of Michigan

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Michigan Department of Corrections , State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2001 - 0

Issues

General:

Disciplinary procedures

Type of Facility:

Government-run