Case: Knop v. Johnson

1:84-cv-00651 | U.S. District Court for the Western District of Michigan

Filed Date: June 11, 1984

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On June 11, 1984, prisoners filed a class action lawsuit in the United States District Court for the Western District of Michigan under 42 U.S.C. § 1983 against the Michigan Department of Corrections (DOC). The plaintiff class consisted of inmates at the State Prison of Southern Michigan at Jackson, the Marquette Branch Prison, the Michigan Reformatory at Ionia, and the Riverside Correctional Facility. Plaintiffs alleged overcrowding, unsanitary conditions, racial discrimination and segregati…

On June 11, 1984, prisoners filed a class action lawsuit in the United States District Court for the Western District of Michigan under 42 U.S.C. § 1983 against the Michigan Department of Corrections (DOC). The plaintiff class consisted of inmates at the State Prison of Southern Michigan at Jackson, the Marquette Branch Prison, the Michigan Reformatory at Ionia, and the Riverside Correctional Facility. Plaintiffs alleged overcrowding, unsanitary conditions, racial discrimination and segregation, poor health services, lack of access to courts, and other violations. They were represented by the National Prison Project of the American Civil Liberties Union and private counsel. On April 26, 1995, the parties entered into a consent decree appointing F. Warren Benton as monitor.

On February 27, 1987, the court (Judge Richard Alan Enslen) denied defendants' motions to dismiss. Knop v. Johnson, 655 F.Supp. 871 (W.D.Mich. 1987). Following a bench trial, on August 10, 1987, Judge Enslen found several conditions to be unconstitutional. Knop v. Johnson, 667 F.Supp. 467 (W.D.Mich. 1987). Unconstitutional conditions included the DOC's mail policy, lack of adequate winter clothing, inadequate toilet facilities, and inadequate law library resources. The court found that defendants did not engage in racial discrimination except with respect to racial harassment. The court directed the defendants to submit proposed plans to remedy these violations. On August 20, 1987, Judge Enslen entered an order denying defendants' motions for summary judgment and granting plaintiffs' motion for sanctions. Knop v. Johnson, 667 F.Supp. 512 (W.D.Mich. 1987). The court granted sanctions because it determined that defendants had filed motions with the intent to harass, delay, or increase the cost of litigation. The United States Court of Appeals for the Sixth Circuit dismissed an appeal of that decision on May 20, 1988. Knop v. Johnson, 848 F.2d 191 (6th Cir. 1988).

On March 7, 1988, the Sixth Circuit Court of Appeals denied defendants' motion to stay the district court's decision pending appeal. Knop v. Johnson, 841 F.2d 1126 (6th Cir. 1988). The district court held a hearing on remedial plans proposed by both parties and entered an order on May 5, 1988. Knop v. Johnson, 685 F.Supp. 636 (W.D.Mich. 1988) (full order is part of opinion). The order addressed the construction of new toilet facilities, mail policies, a grievance procedure regarding complaints of racially derogatory conduct by staff, and access to courts, including required materials in law libraries.

Plaintiffs filed a petition for attorneys' fees for their role as amicus curiae in United States v. Michigan (PC-MI-009). That was denied on December 6, 1988. Knop v. Johnson, 700 F.Supp. 1457 (W.D.Mich. 1988). On April 5, 1989, the matter came before the court again regarding plaintiffs request for attorneys' fees. Judge Enslen held that a reduction in the fee award for partial success on the race-related claims was warranted and that plaintiffs could not recover expert witness fees. Knop v. Johnson, 712 F.Supp. 571 (W.D.Mich. 1989). Judge Enslen held that attorneys' fees were reasonable otherwise and awarded them to plaintiffs.

On appeal, this case was consolidated with Hadix v. Johnson (PC-MI-0019), 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. Ultimately, the parties reached an agreement on access to the courts, and Judge Enslen, on March 6, 2002, ordered a dismissal of the plaintiffs' access to court claims in accordance with the parties' stipulation. There is no information available regarding the details of the stipulation. On May 2, 2002, Judge Enslen approved a stipulation regarding the DOC's mail policy, but there are no details available regarding this policy.

According to the docket, Judge Enslen dismissed the parties' legal mail claims on September 10, 2002. Although the details are not clear, the dismissal of these claims also entailed the dismissal of this portion of the consolidated case. The related case, Hadix (PC-MI-0019), closed in 2015.

Summary Authors

Kristen Sagar (12/3/2008)

Related Cases

Hadix v. Caruso, Western District of Michigan (1992)

United States v. Michigan, Eastern District of Michigan (1997)

People


Judge(s)

Engel, Albert Joseph (Michigan)

Enslen, Richard Alan (Michigan)

Jones, Nathaniel Raphael (Ohio)

Krupansky, Robert B. (Ohio)

Merritt, Gilbert Stroud Jr. (Tennessee)

Norris, Alan Eugene (Ohio)

Wellford, Harry Walker (Tennessee)

Attorneys(s) for Plaintiff

Aiyetoro, Adjoa A. (District of Columbia)

Alexander, Elizabeth R. (District of Columbia)

Barnhart, Michael J. (Michigan)

Judge(s)

Engel, Albert Joseph (Michigan)

Enslen, Richard Alan (Michigan)

Jones, Nathaniel Raphael (Ohio)

Krupansky, Robert B. (Ohio)

Merritt, Gilbert Stroud Jr. (Tennessee)

Norris, Alan Eugene (Ohio)

Wellford, Harry Walker (Tennessee)

Attorneys(s) for Plaintiff

Aiyetoro, Adjoa A. (District of Columbia)

Alexander, Elizabeth R. (District of Columbia)

Barnhart, Michael J. (Michigan)

Bennett, Larry W. (Michigan)

Chmara, Theresa A. (District of Columbia)

Ennis, Bruce J. (District of Columbia)

Fette, William L. (Michigan)

Loeb, Thomas M. (Michigan)

Lopez, Mark J. (District of Columbia)

Schneider, Mark D. (District of Columbia)

Streeter, Patricia A. (Michigan)

Taifa-Caldwell, Nkechi (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

Attorneys(s) for Defendant

Edick, David G. (Michigan)

Friedman, Leo H. (Michigan)

Harris, Susan A. (Michigan)

Kelley, Frank J. (Michigan)

MacKenzie, Brian W. (Michigan)

McAra, Susanne Durk (Michigan)

McGehee, Donald S. (Michigan)

McKenzie, Brian (Michigan)

Nelson, Thomas C. (Michigan)

Nickerson, Michael A. (Michigan)

Przekop-Shaw, Susan (Michigan)

Schmidt, Barbara A. (Michigan)

Shaw, Susan Przekop (Michigan)

Simmons, Brent (Michigan)

Other Attorney(s)

Girard, Sandra (Michigan)

Tarnow, Arthur J. (Michigan)

Documents in the Clearinghouse

Document

Docket (PACER)

June 21, 2004 Docket

Motion for leave to amend the complaint

Jan. 1, 1985 Pleading / Motion / Brief

First Amended Complaint

Jan. 7, 1985 Complaint

Opinion

655 F.Supp. 871, 1987 U.S.Dist.LEXIS 1763

Feb. 27, 1987 Order/Opinion

Opinion

667 F.Supp. 467, 1987 U.S.Dist.LEXIS 9223

Aug. 10, 1987 Order/Opinion

Opinion

667 F.Supp. 512, 1987 U.S.Dist.LEXIS 7890

Aug. 20, 1987 Order/Opinion

Unpublished Disposition - Order

U. S. Court of Appeals for the Sixth Circuit

841 F.2d 1126, 1988 WL 18764, 1988 U.S.App.LEXIS 3088

March 7, 1988 Order/Opinion

Opinion

685 F.Supp. 636, 1988 U.S.Dist.LEXIS 4069

May 5, 1988 Order/Opinion

Unpublished Disposition - Order

U. S. Court of Appeals for the Sixth Circuit

848 F.2d 191, 1988 WL 50177

May 20, 1988 Order/Opinion

Opinion

700 F.Supp. 1457, 1988 U.S.Dist.LEXIS 13942

Dec. 6, 1988 Order/Opinion

Docket

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

ECF Number Description Date Link
1101

TRANSCRIPT filed for hearing on Motion to Extend Time for Filing Notice of Cross−Appeal held before Mag. Rowland on 8/16/89 and transcribed by Nancy E. Gass, C.E.R. (rlw) (Entered: 03/29/1990)

Dec. 13, 1989
1103

QUARTERLY REPORT (STATUS REPORT) of toilet monitor at Riverside Correctional Facillity by David T. Prichard (rlw) (Entered: 03/29/1990)

Feb. 20, 1990
1104

LETTER dated 3/29/90 from David Prichard, Court Monitor, directed to Judge Enslen re three monitoring provision concerns (kkr) (Entered: 04/18/1990)

April 5, 1990
1105

ORDER (2 pages) by Judge Richard A. Enslen directing pltfs and defts to file written Responses w/in 30 days from date of this Order to 3/29/90 Letter from David Prichard raising three monitoring provision concerns (cc: all counsel) (kkr) (Entered: 04/18/1990)

April 6, 1990

INFORMATION copy from CCA dismissing the appeal ( 20 pages) (rlw) (Entered: 04/25/1990)

April 23, 1990
1106

RESPONSE by plaintiffs to Toilet Monitor's Report [1103−1] w/attachment 1 w/Certificate of Service (rlw) (Entered: 05/14/1990)

May 7, 1990
1107

REPORT (second in a series of four reports w/in the segregation and reception units at the Ionia Riverside Correctional Facility) (STATUS REPORT) (rlw) (Entered: 06/19/1990)

May 14, 1990
1108

MOTION by plaintiffs for temporary restraining order to restrain defts from transferring pltf T.J. Spytma from Egeler Facility , and for preliminary injunction to restrain defts from transferring pltf T.J. Spytma from Egeler Facility w/Declaration by E. Alexander w/Memorandum in Support w/Certificate of Service (rlw) (Entered: 06/19/1990)

May 16, 1990
1109

ORDER (1 pages) by Judge Richard A. Enslen in accordance w/oral opinion of 5/l6/90 denying pltfs' motion for temporary restraining order to restrain defts from transferring pltf T.J. Spytma from Egeler Facility [1108−1] denying pltfs' motion for preliminary injunction to restrain defts from transferring pltf T.J. Spytma from Egeler Facility [1108−2] (cc: all counsel) (rlw) (Entered: 06/19/1990)

May 17, 1990
1110

ORDER (2 pages) by Judge Richard A. Enslen that the non−severed claims in this matter are dismissed w/prejudice (cc: all counsel) (rlw) (Entered: 06/19/1990)

May 17, 1990

RECORD on Appeal returned from CCA re appeals filed 9/2l/87, l2/2/87 and l2/ll/87 (rlw) (Entered: 07/12/1990)

June 21, 1990
1111

OPINION (4 pages) by Judge Richard A. Enslen (cc: all counsel) (dkm) (Entered: 07/20/1990)

July 17, 1990
1112

ORDER (2 pgs) in accordance w/Opinion by Judge Richard A. Enslen: IT IS ORDERED that the Toilet Monitor shall observe the orientation process on toilet usage with the segregation/reception units; Toilet Monitor be allowed, if he requests, to conduct private interviews w/inmates; each instance of urination or defecation w/in a cell shall be logged &reviewed by the Toilet Monitor &included in his quarterly reports &provided in paragraph 9 of "Defts' Plan for Monitoring Inmate Access to Sanitary Toilet Facilities" filed on 5/3/89 (cc: all counsel) (dkm) (Entered: 07/20/1990)

July 17, 1990
1113

NOTICE OF CHANGE OF ADDRESS by pltf's counsel, The National Prison Project (ACLUF), in Washington, DC w/Certificate of Svc (dkm) (Entered: 09/08/1990)

Aug. 20, 1990
1114

REPORT by David T. Prichard, Court Monitor (STATUS REPORT) regarding observations at Riverside Correctional Facility w/attachments (rlw) (Entered: 10/15/1990)

Oct. 15, 1990
1115

LETTER to court from Asst. Atty. General Donald S. McGehee indicating that he has been transferred to the Tort Defense Division within the Dept. of Attorney General, effective 11/26/90; as of that date he was no longer authorized to serve as counsel for defts (Jack Bergman, John Prelesnik, Theodore W. Koehler, John Jabe, Dale Foltz, Robert Brown Jr., &Perry M. Johnson); therefore Susan Przekop−Shaw will continue to represent these defts &remain as primary counsel (dkm) (Entered: 01/18/1991)

Jan. 7, 1991
1117

REQUEST (Letter) to Court by David T. Prichard, Court Monitor, requesting acceptance of a new procedure to improve accuracy of recording inmates usage of bathroom facilities at the Riverside Correctional Facility to be in compliance with the court's order w/attached Figures 1−2 (dkm) (Entered: 04/18/1991)

April 9, 1991
1118

REPORTS (STATUS REPORT) by David T. Prichard, Court Monitor concerning toilet activity w/attachments (rlw) (Entered: 09/13/1991)

Sept. 5, 1991
1119

SUPPLEMENT to report [1118−1] submitted by David T. Prichard, Court Monitor (rlw) (Entered: 09/13/1991)

Sept. 9, 1991
1120

STATUS REPORT by David T. Prichard, Court Monitor summarizing prisoner activity beginning 5/l/9l through ll/20/9l (rlw) (Entered: 12/06/1991)

Dec. 6, 1991
1121

REPORT (STATUS REPORT) by David T. Prichard, Monitor summarizing prisoner activity taking place between 2/4/92 and 6/5/92 (rlw) (Entered: 06/16/1992)

June 10, 1992
1122

NOTICE by defendants of Withdrawal of Appearance by Donald S. McGehee (rlw) (Entered: 09/01/1992)

Sept. 1, 1992
1123

ATTORNEY APPEARANCE by Barbara A. Schmidt on behalf of defendants w/stamped Proof of Service (rlw) (Entered: 09/02/1992)

Sept. 2, 1992
1124

SLIP OPINION from CCA that Parts I,III and IV A of the remedial ordered entered by the district court in Knop,Case Nos. 88−1563/88−1634, are vacated, and both cases are remanded to the district court (ghl) (Entered: 12/28/1992)

Nov. 16, 1992
1125

MANDATE from Sixth Circuit Court of Appeals that Parts I,III and IV A of the remedial order entered by the district court in Knop, Case Nos.88−1563/88−1634, are vacated, and both cases are remanded to the United States District Court for the Western District of Michigan for further proceedings not inconsistent with the opinion (ghl) (Entered: 12/28/1992)

Nov. 16, 1992
1126

MOTION by plaintiffs for status conference ( hearing) w/memorandum, certificate of service (rlw) (Entered: 01/05/1993)

Jan. 5, 1993
1127

BRIEF In RESPONSE by defts to pltfs' motion for status conference [1126−1] w/stamped prf of svc (dkm) (Entered: 01/08/1993)

Jan. 7, 1993
1128

ORDER (3 pgs) by Judge Richard A. Enslen ; compliance hearing is rescheduled to 1:30 p.m. beginning 3/4/93 and continuing 3/5, 3/11, 3/12 1993 ; parties shall file lists of witnesses by 2/19/93; granting pltfs' motion for status conference (hearing) [1126−1] (cc: all counsel) (rlw) (Entered: 01/26/1993)

Jan. 22, 1993
1129

ORDER from CCA remanding the matter back to District Court [Appeal [1125−1] The appellee cross−appellants' motion for remand is granted in light of this Court's ruling in Knop v. Johnson, 977 F.2d 966 (6th Cir. 1992). Moreover, this Court remands this case without prejudice to the parties' ability to appeal the district court's ultimate attorney's fee award. (ghl) (Entered: 03/11/1993)

Feb. 25, 1993

RECORD on Appeal returned from CCA in Grand Rapids Clerk's Office (rlw) (Entered: 03/19/1993)

Feb. 26, 1993

PROCEEDING before Judge Richard A. Enslen; Status Conf. in chambers on 3/4/93 at 1:30 p.m. re "Access to Courts" issue; defts will submit a plan to the Court by 6/1/93; pltfs must respond by 7/1/93 (rlw) (Entered: 03/09/1993)

March 4, 1993
1130

MANDATE from Sixth Circuit Court of Appeals The appellee cross−appellants' motion for reman is granted in light of this Court's ruling in Knop v. Johnson, 977 F.2d 966 (6th Cir. 1992). Moreover, this Court remands this case without prejudice to the parties' ability to appeal the district court's ultimate attorney's fee award (ghl) (Entered: 03/26/1993)

March 23, 1993
1131

LETTER to court from prisoner James Lanni requesting copies of addresses of parties (rlw) (Entered: 05/13/1993)

May 10, 1993
1133

MOTION by movant James Lanni for substituted service w/affidavit in support (rlw) (Entered: 05/13/1993)

May 10, 1993
1134

OPINION (4 pgs) by Judge Richard A. Enslen (cc: all counsel) (rlw) (Entered: 06/01/1993)

May 28, 1993
1135

JUDGMENT: (2 pgs) by Judge Richard A. Enslen in accordance w/opinion denying motion for substituted service [1133−1], granting movant's motion for waiver of fees and costs; denying motion to intervene by James Lanni [1132−1]; that any appeal in this matter by petitioner, proceeding in forma pauperis is not taken in good faith (cc: all counsel) (rlw) (Entered: 06/01/1993)

May 28, 1993
1136

ORDER (2 pgs) by Judge Richard A. Enslen that defts shall submit a legal access plan consistent w/Sixth Circuit decision in this case 977 F.2d 996 no later than 6/15/93; pltfs' response due no later than 7/15/93 (cc: all counsel) (rlw) (Entered: 06/07/1993)

June 4, 1993
1137

LETTER to court from defendants w/attached copy of defts' Legal Access Plan, submitted consistent with the Sixth Circuit Court of Appeals' decision in this case (rlw) (Entered: 06/16/1993)

June 15, 1993
1138

MAIL RETURNED, [1134−1] addressed to pltf's counsel Theresa A. Chmara, Donald B. Verrilli, Jr., Bruce J. Ennis, Mark D. Schneider of Jenner &Block marked "moved not forwardable". Copies remailed 6/21/93 to new address (rlw) (Entered: 06/21/1993)

June 21, 1993
1139

MAIL RETURNED as addressed to Theresa A. Chmara for Opinion and Judgment [1134−1] on behalf of pltfs Kerwin Cook, Ron Mixon, Butch Davis, Robert Shipp, T. Jon Spytma, Vernard Cohen, Sommerville, Gus Jansson, Ramando Valeroso, William Lovett II, John Ford, Gary Knop (remailed 7/28 to new address) (rlw) (Entered: 07/28/1993)

July 27, 1993
1140

MOTION by plaintiffs to exceed page limitation for their joint response in opposition to defts' remedial plan to comply with decision of the US Court of Appeals in Hadix v Johnson and remedial plan to comply with decision of US Court of Appeals in Knop v Johnson w/brief in support w/PROPOSED joint response, proof of service (rlw) (Entered: 07/30/1993)

July 30, 1993
1141

ORDER (2 pgs) by Magistrate Judge Doyle A. Rowland granting pltfs' motion to exceed page limitation for their joint response in opposition to defts' remedial plan to comply with decision of the US Court of Appeals in Hadix v Johnson and remedial plan to comply with decision of US Court of Appeals in Knop v Johnson [1140−1] (cc: all counsel) (rlw) (Entered: 08/03/1993)

Aug. 3, 1993
1142

OPPOSITION by plaintiffs to defts' remedial plan to comply with decision of the US Court of Appeals in this case [1125−1] (rlw) (Entered: 08/04/1993)

Aug. 3, 1993
1143

ORDER rejecting pleading (1 pg) by Magistrate Judge Doyle A. Rowland − movant James Lanni's the omission of a brief in support of motion for permissive intervention pursuant to Local Rule 27(a) and the omission of a motion for brief to expand time pursuant to Local Rule 27(a) (cc: all counsel) (rlw) (Entered: 08/31/1993)

Aug. 31, 1993
1144

MOTION by movant James Lanni to intervene w/brief in support (rlw) (Entered: 09/08/1993)

Sept. 7, 1993
1145

MOTION by movant James Lanni to extend time 180 days to answer or otherwise move with respect to the permissive intervention w/brief in support (rlw) (Entered: 09/08/1993)

Sept. 7, 1993
1146

MOTION by plaintiffs for attorney fees in the amount of $2,197,108.39 w/brief in support, Exhibits 1−5, certificate of service (rlw) (Entered: 10/07/1993)

Oct. 6, 1993
1147

THIRD SUPPLEMENTAL APPLICATION by plaintiffs for attorneys' fees w/Exhibits A−Q, certificate of service (rlw) (Entered: 10/07/1993)

Oct. 6, 1993
1149

MOTION by defendants to extend time for responding to pltfs' motion for award of fees w/brief in support (rlw) (Entered: 10/22/1993)

Oct. 22, 1993
1150

NOTICE of hearing: before Magistrate Judge Doyle A. Rowland on defts' motion to extend time for responding to pltfs' motion for award of fees [1149−1]; is set for 10:00 a.m. on 11/17/93 (cc: all counsel) (rlw) (Entered: 10/26/1993)

Oct. 26, 1993
1151

OPPOSITION by plaintiffs to defts' motion to extend time for responding to pltfs' motion for award of fees [1149−1] w/certificate of service (rlw) (Entered: 10/28/1993)

Oct. 28, 1993
1152

PROOF OF SERVICE by defendant for Interrogatories, Request for Production of Documents, Request for Admissions (rlw) (Entered: 11/15/1993)

Nov. 12, 1993
1153

MOTION by movant James Lanni to consolidate cases 1:84−cv−651, 1:84−cv−63 assigned to Judge Enslen and case No. 4:93−cv−176 assigned to Judge Gibson (rlw) (Entered: 11/16/1993)

Nov. 15, 1993
1154

ORDER (2 pgs) by Judge Richard A. Enslen denying movant James Lanni's motion to extend time 180 days to answer or otherwise move with respect to the permissive intervention [1145−1], denying movant James Lanni's motion to intervene [1144−1] (cc: all counsel) (rlw) (Entered: 11/16/1993)

Nov. 16, 1993
1155

PROOF OF SERVICE by plaintiffs for Request to Produce Documents and Interrogatories (rlw) (Entered: 11/22/1993)

Nov. 19, 1993
1156

STIPULATION AND ORDER (1 pg) by Magistrate Judge Doyle A. Rowland: granting an extensioin of time for defts to answer pltfs' motion for attorney fees in the amount of $2,197,108.39 [1146−1] until 12/15/93 (cc: all counsel) (rlw) (Entered: 11/23/1993)

Nov. 23, 1993
1157

PROOF OF SERVICE by defendants for Offer of Judgment in favor of pltfs and against defts for a total sum of $811,364(rlw) Modified on 01/13/1994 (Entered: 12/03/1993)

Dec. 3, 1993
1158

ORDER (2 pgs) by Magistrate Judge Doyle A. Rowland denying James Lanni's motion to consolidate cases 1:84−cv−651, 1:84−cv−63 assigned to Judge Enslen and case No. 4:93−cv−176 assigned to Judge Gibson [1153−1]; denying James Lanni's motion to extend time 180 days to answer or otherwise move with respect to permissive intervention 1144 1145 (cc: all counsel) (rlw) Modified on 12/06/1993 (Entered: 12/06/1993)

Dec. 3, 1993
1159

PROOF OF SERVICE by plaintiffs for Response to defts' Interrogatories, Response to Produce Documents, Response to defts' Request for Admissions (rlw) (Entered: 12/13/1993)

Dec. 10, 1993
1160

PROOF OF SERVICE by defendants for Offer of Judgment w/attached Offer of Judgment in the amount of $925,561 in favor of pltfs and against defts (rlw) (Entered: 12/21/1993)

Dec. 21, 1993
1161

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland rejecting Jerry Binion's Motion to Appeal the Magistrate's Order of 12/3/93 because he is neither a party to this action nor a movant to the Motion to Intervene and to Extend Time denied by the Magistrate's Order of 12/3/93 (cc: all counsel) (rlw) (Entered: 12/21/1993)

Dec. 21, 1993
1162

OPINION (3 pgs) by Judge Richard A. Enslen (cc: all counsel) (rlw) (Entered: 12/28/1993)

Dec. 27, 1993
1163

ORDER (3 pgs) by Judge Richard A. Enslen in accordance w/opinion denying Jerry Binion's appeal of the magistrate's 12/3/93 order (cc: all counsel) (rlw) (Entered: 12/28/1993)

Dec. 27, 1993
1164

STIPULATION AND ORDER (2 pgs) by Judge Richard A. Enslen granting pltfs' motion for attorney fees [1146−1] including pltfs' First, Second and Third Supplemental Applications; attorneys' fees, costs and expenses are settled in full for the sum of $1,125,561.00; judgment shall accrue interest unless defts pay this

Feb. 17, 1994
1166

MOTION by defendants to file instanter w/brief in support w/PROPOSED brief in support of defts' legal access plan and in opposition to pltfs' joint motion to reject the legal access plan and Hadix defts' response to pltfs' motion to require submission of the Huron Valley Psychiatric Hospital statement regarding program, staffing, operation and space use w/stamped proof of service (rlw) (Entered: 03/01/1994)

Feb. 28, 1994
1167

MEMORANDUM by plaintiffs in support of their motion for rejection of the defts' remedial plan for providing access to the Courts and requesting a compliance review process for the certain access to Courts provisions [1165−1] (rlw) (Entered: 03/04/1994)

Feb. 28, 1994
1168

ORDER (3 pgs) by Judge Richard A. Enslen granting defts' motion to file instanter [1166−1] (cc: all counsel) (rlw) (Entered: 03/04/1994)

March 3, 1994
1169

OPPOSITION by defendants to pltfs' joint motion for rejection of the defts' remedial plan for providing access to the Courts and requesting a compliance review process for the certain access to Courts provisions [1165−1] w/brief in support of defts' legal access plan w/Exhibits 1−5, proof of service (rlw) Modified on 03/04/1994 (Entered: 03/04/1994)

March 3, 1994
1170

AFFIDAVITS of William Bailey, Marjorie Van Ochten which were inadvertently omitted from defts' brief in support of the defts' legal access plan and in opposition to the plts' joint motion to reject the legal access plan [1169−1] (rlw) (Entered: 03/04/1994)

March 3, 1994

PROCEEDING before Judge Richard A. Enslen; hearing on legal access in both Hadix and Knop; remainder of hearing, which related solely to Hadix, concerned objections to the courts jurisdiction, pltfs request for attorneys fees incurred in opposing defts motion for a protective order and a motion for submission by defts of their Huron Valley Psychiatric Hospital Statement; the motion for the Huron Valley Psychiatric Hospital Statement was withdrawn; J. Martin, Reporter (Exhibit List attached) (rlw) Modified on 03/07/1994 (Entered: 03/07/1994)

March 3, 1994
1171

REQUEST by the Court for Interrogatories to defts (cc: all counsel) (rlw) (Entered: 03/04/1994)

March 4, 1994
1172

MOTION by defendants to extend time until 4/15/94 in which to answer Court Interrogatories to deft w/brief in support w/proof of service (rlw) (Entered: 04/12/1994)

April 7, 1994
1173

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland granting defts' motion to extend time until 4/15/94 in which to answer Court Interrogatories to deft [1172−1] (cc: all counsel) (rlw) (Entered: 04/12/1994)

April 11, 1994
1174

RESPONSE by defendants to Court Interrogatories w/Exhibits 1−8, stamped proof of service (rlw) (Entered: 04/18/1994)

April 15, 1994
1175

MOTION by plaintiffs to extend time for response to defts' answers to interrogatories from the court regarding legal access from 4/22 to 5/11, 1994 w/brief in support, certificate of service (rlw) (Entered: 04/25/1994)

April 25, 1994
1176

ORDER Rejecting pleading (1 pg) by Magistrate Judge Doyle A. Rowland − Robert Lee, Jr.'s Motion to Enforce Judgment because leave of the court to intervene is required (cc: all counsel) (rlw) (Entered: 05/02/1994)

April 29, 1994
1177

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland granting pltfs' motion to extend time for response to defts' answers to interrogatories from the court regarding legal access from 4/22 to 5/11, 1994 [1175−1] (cc: all counsel) (rlw) (Entered: 05/04/1994)

May 4, 1994
1179

RESPONSE by defendants to Courts Interrogatory No. 8 1171 w/17 page attachment, stamped proof of service (rlw) Modified on 07/26/1994 (Entered: 07/26/1994)

July 25, 1994
1180

REPLY by plaintiffs regarding defts' responses to the Court's Interrogatory No. 8 dated 7/22/94 relating to access to the Courts [1179−1] w/certificate of service (rlw) (Entered: 08/24/1994)

Aug. 24, 1994
1181

MOTION to intervene by Robert Lee Jr., Ronald C.W. Hammond, Mark Summerlin w/affidavits of Robert Lee, Jr., Ronald C.W. Hammond w/PROPOSED Motion to Enforce Judgment, Affidavits of Robert Lee, Jr., Kahlil Karnard Harvey, Arthur Hill, Jason Armour, Mark Summerlin, Keith Sanders, Roland Banks w/proof of service (rlw) (Entered: 09/13/1994)

Sept. 12, 1994
1182

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland directing counsel for the class (Streeter &Alexander) to file a response to Motion for Leave to File Motion to Intervene (Motion to Enforce Judgment) by 10/1/94 (cc: all counsel) (rlw) (Entered: 09/14/1994)

Sept. 14, 1994
1183

JOINT NOTICE by plaintiffs of taking deposition duces tecum of any and all person(s) defts will call to testify on 10/20/94 in suppor of their proposed plan to provide access to the courts and continuing on 10/12/94, 10/17/94 at 2 p.m.(rlw) Modified on 09/29/1994 (Entered: 09/29/1994)

Sept. 29, 1994
1184

JOINT NOTICE by plaintiffs of taking deposition duces tecum of persons who prepared or contributed to the defts' proposed training curriculum on 10/12/94 at 9 a.m. in Lansing, MI (rlw) (Entered: 09/29/1994)

Sept. 29, 1994
1185

PROOF OF SERVICE by plaintiffs for pldg. Nos. 1183−1184 (rlw) (Entered: 09/29/1994)

Sept. 29, 1994
1186

RESPONSE by plaintiffs to motion to intervene by Robert Lee Jr., Ronald C.W. Hammond, Mark Summerlin [1181−1] w/certificate of service (rlw) (Entered: 10/03/1994)

Oct. 3, 1994
1187

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland rejecting Mark Hall's Motion for Enforcement of an Order because the filer is not a party to this action and must request leave of the court to intervene (cc: all counsel) (rlw) (Entered: 10/20/1994)

Oct. 20, 1994

PROCEEDING before Judge Richard A. Enslen − hearing on legal access issue on remand from Sixth Circuit; witnesses called by pltf − Wilbur, Levine; witnesses called by deft Linda J. Mort; J. Martin, Reporter (Exhibit List attached) (rlw) Modified on 10/25/1994 (Entered: 10/25/1994)

Oct. 20, 1994
1188

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland denying motion to intervene by Robert Lee Jr., Ronald C.W. Hammond, Mark Summerlin [1181−1] Mark Summerlin, Ronald C.W. Hammond, Robert Lee terminated (cc: all counsel) (rlw) (Entered: 11/03/1994)

Nov. 2, 1994
1189

SUBMISSION (SUPPLEMENT) by defendants on additional proof and final argument w/Exhibits 1−12 (rlw) (Entered: 11/09/1994)

Nov. 7, 1994
1190

MOTION by plaintiffs to exceed page limitation w/PROPOSED Response to defts' Submission of Additional Proof and Final Argument, certificate of service (rlw) (Entered: 11/23/1994)

Nov. 22, 1994
1191

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland granting pltf's motion to exceed page limitation [1190−1] to file response to defts' submission of additional proof and final argument (cc: all counsel) (rlw) (Entered: 11/28/1994)

Nov. 28, 1994
1192

RESPONSE by plaintiffs to defts' submission of additional proof and final argument w/attachment A, 13−15 (rlw) (Entered: 11/28/1994)

Nov. 28, 1994
1193

AMENDED MOTION by plaintiffs to exceed page limitation to file response w/PROPOSED amended response to defts' submission of additional proof and final

Nov. 29, 1994
1194

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland granting pltfs' amended motion to exceed page limitation to file response [1193−1] (cc: all counsel) (rlw) (Entered: 12/06/1994)

Dec. 6, 1994
1196

OPINION (22 pgs) by Judge Richard A. Enslen (cc: all counsel) (rlw) (Entered: 12/28/1994)

Dec. 22, 1994
1197

ORDER (8 pgs) by Judge Richard A. Enslen in accordance w/opinion granting pltfs' motion for rejection of the defts' remedial plan for providing access to the Courts and requesting a compliance review process for the certain access to Courts provisions [1165−1]; granting Hadix pltfs' motion to reject defts' remedial plan for access to courts [270 in case 4:92−cv−110] (cc: all counsel) (rlw) (Entered: 12/28/1994)

Dec. 22, 1994
1198

CONSENT (RESPONSE) by plaintiffs to appointment of monitor pursuant to Order 1197 w/certificate of service (rlw) (Entered: 01/23/1995)

Jan. 23, 1995
1199

RESPONSE by plaintiffs to Court's order 1197 , consent to the appointment of Dr. F. Warren Benton to monitor the legal access remedial plan (rlw) (Entered: 01/24/1995)

Jan. 24, 1995
1200

LETTER to court from movant Robert Lee Jr. advising the Court that he did not ever receive a copy of the 11/2/94 Order which denied his motion to intervene − order remailed 3/23/95 (rlw) (Entered: 03/23/1995)

March 17, 1995
1201

MOTION by defendants to extend time 90 days to comply with Court Order of 12/22/94 w/brief in support, Exhibit 1, stamped proof of service (rlw) (Entered: 03/23/1995)

March 20, 1995

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 11, 1984

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Michigan Department of Corrections

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

Marquette Branch Prison (Marquette), State

Michigan Reformatory (Ionia), State

Riverside Correctional Facility (Riverside), State

State Prison of Southern Michigan (Jackson), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 2002

Issues

General:

Access to lawyers or judicial system

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Race discrimination

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run