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Case: U.S. v. Michigan

1:84-cv-00063 | U.S. District Court for the Western District of Michigan

Filed Date: Jan. 18, 1984

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On January 18, 1984, the U.S. Attorney's Office and the Department of Justice filed suit in the U.S. District Court for the Western District of Michigan against the Michigan Department of Corrections and other state officials under 42 U.S.C. §1983 and the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997, alleging unconstitutional prison conditions. The United States sought injunctive relief to remedy the alleged Eighth Amendment violations. Shortly after the lawsuit was fi…

On January 18, 1984, the U.S. Attorney's Office and the Department of Justice filed suit in the U.S. District Court for the Western District of Michigan against the Michigan Department of Corrections and other state officials under 42 U.S.C. §1983 and the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997, alleging unconstitutional prison conditions. The United States sought injunctive relief to remedy the alleged Eighth Amendment violations.

Shortly after the lawsuit was filed, the parties entered into a consent decree, which included a compliance plan dealing with conditions of confinement such as medical and mental health care, fire safety, sanitation, hygiene, crowding and protection from harm. The District Court (Judge Richard Alan Enslen) appointed Special Master F. Warren Benton to oversee implementation of the plan on October 2, 1985. The District Court continued to issue various orders to ensure implementation of the consent decree, and on August 28, 1987, Judge Enslen granted the National Prison Project of the American Civil Liberties Union amicus status. U.S. v. State of Michigan, 116 F.R.D. 655 (W.D.Mich. 1987). On March 3, 1988, Judge Enslen held that a policy permitting use of food loaf as punishment even when the misconduct charge upon which that punishment was based had been dismissed violated due process rights. U.S. v. State of Michigan, 680 F.Supp. 270 (W.D.Mich. 1988). A helpful compilation of the opinions and orders issued in the case through July 1987 was published in U.S. v. State of Michigan, 680 F.Supp. 928 (W.D.Mich. 1988).

On July 2, 1991, after state defendants appealed orders issued by Judge Enslen to implement the consent decree, the U.S. Court of Appeals for the Sixth Circuit (Judge Robert B. Krupansky) held that the District Court had abused its discretion. U.S. v. State of Michigan, 940 F.2d 143 (6th Cir. 1991). The Court of Appeals found that Judge Enslen had overly intruded upon Michigan's sovereignty. The Court of Appeals ordered Judge Enslen to not impose upon the state overly intrusive remedies for prison conditions but instead to exercise restraint and reason in performing the District Court's oversight responsibility.

The state defendants appealed a subsequent order by Judge Enslen denying the defendants' motion to dismiss portions of the consent decree. On March 4, 1994, the Court of Appeals (Judge James L. Ryan) upheld Judge Enslen's decision to dismiss only those portions of the consent decree where compliance had been achieved. U.S. v. State of Michigan, 18 F.3d 348 (6th Cir. 1994), cert. denied 513 U.S. 925 (1994). On August 7, 1995, the Court of Appeals (Judge Herbert Theodore Milburn) upheld various orders issued by Judge Enslen regarding the provision of mental health beds but held that the District Court lacked jurisdiction to modify its orders of September 1994 while those orders were on appeal. U.S. v. State of Michigan, 62 F.3d 1418 (6th Cir. 1995) (unpublished disposition).

Following passage of the Prison Litigation Reform Act (PLRA), 18 U.S.C. §3626, the state defendants moved for immediate termination of the consent decree because no findings of liability were made in the case, as it was initially resolved by a consent decree. The state defendants also invoked the PLRA's automatic stay provision, to stay prospective relief. On July 3, 1996, the Court of Appeals ordered that the motion for immediate termination be denied, ruling that the termination motion was more properly addressed to the District Court. U.S. v. State of Michigan, 91 F.3d 145 (6th Cir. 1996) (unpublished table disposition). On the same date as the Court of Appeals decision, July 3, 1996, the District Court (Chief Judge Enslen) ordered that the District Court was incapable of reaching a decision on the motion to terminate before the automatic stay provision would take effect and further held that the automatic stay provision was unconstitutional. U.S. v. State of Michigan, 989 F.Supp. 853 (W.D.Mich. 1996). Thus, Chief Judge Enslen utilized a different PLRA provision, 18 U.S.C. §3626(b)(3), to hold that the automatic stay provision was not to take effect until further evidentiary hearings were conducted regarding the state defendants' motion to terminate.

On September 12, 1996, Chief Judge Enslen granted the plaintiff's discovery motion to conduct further fact-finding and stated that recent hearings revealed ongoing constitutional violations regarding the mental health care of inmates. The state defendants appealed this ruling, and on January 14, 1998, the Court of Appeals dismissed the appeal for lack of jurisdiction because the District Court's discovery order was not a final order nor was it property appealable as an interlocutory order. U.S. v. State of Michigan, 134 F.3d 745 (6th Cir. 1998) (per curiam). The Court of Appeals (Judge Karen Nelson Moore) then held in a related case on May 20, 1998, that the automatic stay provision of the PLRA was constitutional when construed to permit the District to retain its equitable power to suspend the stay in accordance with general equitable principles. Hadix v. Johnson, 144 F.3d 925 (6th Cir. 1998) (PC-MI-0003).

On February 3, 1999, Chief Judge Enslen granted the parties' joint motion to terminate the consent decree pursuant to the PLRA. The case is closed.

Summary Authors

Tom Madison (10/18/2006)

Related Cases

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

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

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

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10795375/parties/united-states-v-michigan-state-of/


Judge(s)

Beckwith, Sandra Shank (Ohio)

Boggs, Danny Julian (Kentucky)

Celebrezze, Anthony Joseph (Ohio)

Daughtrey, Martha Craig (Tennessee)

Enslen, Richard Alan (Michigan)

Guy, Ralph B. Jr. (Michigan)

Johnstone, Edward Huggins (Kentucky)

Keith, Damon Jerome (Michigan)

Krupansky, Robert B. (Ohio)

Milburn, Herbert Theodore (Tennessee)

Judge(s)

Beckwith, Sandra Shank (Ohio)

Boggs, Danny Julian (Kentucky)

Celebrezze, Anthony Joseph (Ohio)

Daughtrey, Martha Craig (Tennessee)

Enslen, Richard Alan (Michigan)

Guy, Ralph B. Jr. (Michigan)

Johnstone, Edward Huggins (Kentucky)

Keith, Damon Jerome (Michigan)

Krupansky, Robert B. (Ohio)

Milburn, Herbert Theodore (Tennessee)

Norris, Alan Eugene (Ohio)

Ryan, James Leo (Michigan)

Suhrheinrich, Richard Fred (Michigan)

Thomas, William Kernahan (Ohio)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Campanelli, Richard (District of Columbia)

Carle, Susan D. (District of Columbia)

Curry, John J. jr. (District of Columbia)

Dunne, John R. (District of Columbia)

Fette, William L. (Michigan)

Flynn, David K. (District of Columbia)

Granholm, Jennifer M. (Michigan)

Guzman, Philip A. (District of Columbia)

Joyce, Patrick M. (District of Columbia)

Lawrence, Paul S. (District of Columbia)

McElderry, Marie K. (District of Columbia)

Payne, Timothy R. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Reynolds, William Bradford (District of Columbia)

Russell, Joann M. (District of Columbia)

Smietanka, John A. (Michigan)

Smith, William French (District of Columbia)

Stark, Lisa J. (District of Columbia)

Weinstein, Laurie J. (District of Columbia)

Attorneys(s) for Defendant

Adams, Richard M.C. (Michigan)

Barnhart, Timothy (Michigan)

Barrick, Andrew J. (District of Columbia)

Cahill, John M. (California)

Friedman, Leo H. (Michigan)

Gilman, Leonard R. (Michigan)

Kelley, Frank J. (Michigan)

MacKenzie, Brian W. (Michigan)

McGehee, Donald S. (Michigan)

Moquin, Michael J. (Michigan)

Nelson, Thomas C. (Michigan)

Nickerson, Michael A. (Michigan)

Przekop-Shaw, Susan (Michigan)

Przeko-Shaw, Susan (Michigan)

Quinn, Andrew D. (Michigan)

Schmidt, Barbara A. (Michigan)

Steinborn, Stanley D. (Michigan)

Streeter, Patricia A. (Michigan)

Van Cleve, Janet A. (Michigan)

Ward, Lisa C. (Michigan)

Other Attorney(s)

Aiyetoro, Adjoa A. (District of Columbia)

Bennett, Larry W. (Michigan)

Blake, Patricia L. (Michigan)

Gershal, Alan M. (Michigan)

Gowing, Delmer C. III (Florida)

Miaskoff, Carol R. (District of Columbia)

Pawlowski, George E. (Michigan)

Taifa-Caldwell, Nkechi (District of Columbia)

Expert/Monitor/Master

Benton, F. Warren (New York)

Dettmer, Michael Hayes (Michigan)

Rosenbaum, Steven H. (District of Columbia)

Documents in the Clearinghouse

Document

1:84-cv-00063

Docket (PACER)

Nov. 24, 2003

Nov. 24, 2003

Docket

1:84-cv-00063

Complaint

Dec. 15, 1983

Dec. 15, 1983

Complaint

1:84-cv-00063

Consent Decree

June 28, 1984

June 28, 1984

Order/Opinion

1:84-cv-00063

Brief in Support of Appointment of Special Master

July 5, 1985

July 5, 1985

Pleading / Motion / Brief

1:84-cv-00063

Response to Defendants Request for Modification of the State Plan

Oct. 10, 1986

Oct. 10, 1986

Pleading / Motion / Brief

1:84-cv-00063

Compilation of Opinions and Orders

July 27, 1987

July 27, 1987

Order/Opinion

1:84-cv-00063

Opinion

Aug. 28, 1987

Aug. 28, 1987

Order/Opinion

1:84-cv-00063

Opinion

March 3, 1988

March 3, 1988

Order/Opinion

1:84-cv-00063

Order

April 24, 1989

April 24, 1989

Order/Opinion
877

1:84-cv-00063

Order

Nov. 6, 1989

Nov. 6, 1989

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10795375/united-states-v-michigan-state-of/

Last updated Dec. 5, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
147

ORDER (1 pages) by Judge Richard A. Enslen appointing Special Master F. Warren Benton (cc: all counsel) (rlw) Modified on 04/30/1992 (Entered: 12/11/1989)

Oct. 2, 1985

Oct. 2, 1985

PACER
875

OPINION (17 pages) by Judge Richard A. Enslen (cc: all counsel) (dmh) (Entered: 12/14/1989)

Nov. 3, 1989

Nov. 3, 1989

PACER
876

ORDER by Judge Richard A. Enslen in accordance with the Opinion; defts new Classification Plan by 3/15/90 in accordance with the provisions of Section II of this Opinion the Classification Process shall be fully implemented by defts by 2/1/91; the Classification Process shall comply with the provisions of Section II, paragraph 3 by 9/1/92 (cc: all counsel) (dmh) Modified on 04/30/1992 (Entered: 12/14/1989)

Nov. 3, 1989

Nov. 3, 1989

PACER
877

ORDER by Judge Richard A. Enslen in accordance with the Opinion of 11/3/89; the Compliance Ratings of the October 1989 Report of the Independent Expert are adopted by the Court; The Schedule (Items 1-7) for 1990 is adopted; defts' Motion for a Protective Order Terminating or Restricting Discovery by the Knop Amicus is denied; defts' Motion for Modification of the Hospital Site Selection Date is granted; the Knop Amicus' Motion requesting a hearing before the Imposition of Food Loaf is granted in part and denied in part; the Knop Amicus' Motion requesting an Order that defts cease punishing prisoners with Disciplinary write-ups for filing grievances is denied; the Knop Amicus' Motion for an Order requiring defts to cease the practice of denying any prisoner a minimum of three showers per week is granted; the Knop Amicus' Motion requesting that sanitation items related to the presence of vermin be inspected and considered by the Court at both the Fall and Spring Compliance Hearings is denied; defts shall develop a plan by 2/1/90 re the Correctional Population Projected; defts shall develop by 2/1/90 practices and procedures re the Self Mutilation Protection Unit; defts Medical Access Plan pursuant to Section K of the Consent Decree shall be resubmitted by 1/1/90 (cc: all counsel) (dmh) (Entered: 12/14/1989)

Nov. 6, 1989

Nov. 6, 1989

Clearinghouse
881

ORDER (1 pages) by Judge Richard A. Enslen ; Contempt hearing before Judge Enslsen 8:30 12/14/89 for Jack Bergman, for John Prelesnik, for Theodorre Koehler, for John Jabe, for Dale Foltz, for Robert Brown Jr., for Perry M. Johnson, for Michigan Corr Comm, for Don LeDuc, for Dwayne Waters, for G. Robert Cotton, for Thomas Eardley Jr., for Gwen Andrew, for Michigan Dept. Cor., for James J. Blanchard (cc: all counsel) (rlw) Modified on 02/28/1990 (Entered: 01/19/1990)

Nov. 6, 1989

Nov. 6, 1989

PACER
879

Report on Out-of-Cell Activity (STATUS REPORT) by defendant State of Michigan (rlw) (Entered: 01/11/1990)

Nov. 8, 1989

Nov. 8, 1989

PACER
880

Report on Fire Marshal Inspection of the Marquette Branch Prison (STATUS REPORT) by defendant State of Michigan (rlw) (Entered: 01/11/1990)

Nov. 8, 1989

Nov. 8, 1989

PACER
882

ATTORNEY SUBSTITUTION: terminating Brent E. Simmons and substituting Susan Przekop-Shaw as attorney on behalf of deft State of Michigan (rlw) Modified on 02/26/1990 (Entered: 01/19/1990)

Nov. 8, 1989

Nov. 8, 1989

PACER
884

Program Statement for the new correctional mental health facility (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/26/1990 (Entered: 01/11/1990)

Nov. 9, 1989

Nov. 9, 1989

PACER
883

TRANSCRIPT filed for Compliance Hearing held 11/3/89 before Judge Enslen and reported by Jarratt W. Martin (rlw) Modified on 02/26/1990 (Entered: 01/19/1990)

Nov. 13, 1989

Nov. 13, 1989

PACER
886

Internal Food service inspection at the Egeler Correctional Facility (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/26/1990 (Entered: 01/11/1990)

Nov. 15, 1989

Nov. 15, 1989

PACER
885

MOTION by amicus MI ACLU, amicus Natl Prisn Proj ACLU to exceed page limitation in support of its Motion for Order of Contempt (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Nov. 17, 1989

Nov. 17, 1989

PACER
887

MEMORANDUM by intervenor-plaintiff in support of Motion for Order of Contempt Regarding Monitoring w/Exhibits A-B w/stamped Proof of Service (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Nov. 17, 1989

Nov. 17, 1989

PACER
888

LETTER to court from defendant State of Michigan w/attached copy of the latest license issued by the MI Dept. of Public Health for the Comprehensive Care Units (CCU) at Riverside Correctional Facility (rlw) Modified on 02/26/1990 (Entered: 01/11/1990)

Nov. 22, 1989

Nov. 22, 1989

PACER
889

ORDER (1 pages) by Magistrate Doyle A. Rowland granting motion to exceed page limitation in support of its Motion for Order of Contempt [881-1] (cc: all counsel) (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Nov. 22, 1989

Nov. 22, 1989

PACER
890

Inspection of Food Service at SPSM South Complex to be conducted 11/21/89 (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/26/1990 (Entered: 01/11/1990)

Nov. 22, 1989

Nov. 22, 1989

PACER
891

MEMORANDUM by amicus in support of Motion for Order of Contempt for Interference with the Monitoring Process w/attachments 1-9 w/Certificate of Service (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Nov. 22, 1989

Nov. 22, 1989

PACER
892

Report (draft) relating to tool control in industries ( STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/26/1990 (Entered: 01/11/1990)

Nov. 22, 1989

Nov. 22, 1989

PACER
893

MOTION by plaintiff USA to extend time for 10 days to respond to defts' Motion to Reconsider and Alter the Court's Order 11/3/89 and 11/6/89 to and including 12/15/89 w/Memorandum in Support w/Certificate of Service (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Nov. 22, 1989

Nov. 22, 1989

PACER
894

MIOSHA Inspection for the Marquette Branch Prison (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/26/1990 (Entered: 01/11/1990)

Nov. 22, 1989

Nov. 22, 1989

PACER
895

MOTION by defendant for reconsideration and to Alter the Court's Orders of ll/3/89 and ll/6/89 w/Brief in Support w/attached Proof of Service (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Nov. 27, 1989

Nov. 27, 1989

PACER
896

PROOF OF SERVICE by defendants for Monthly Reports (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Nov. 29, 1989

Nov. 29, 1989

PACER
897

MOTION by defendant to dismiss Order for Show Cause, and for sanctions Against Opposing Parties w/Brief in Support w/Exhibits l-8 (rlw) Modified on 02/28/1990 (Entered: 12/11/1989)

Dec. 1, 1989

Dec. 1, 1989

PACER
898

MOTION by defendant to clarify Court Orders on defts' Duty to Report Compliance w/Brief in Support w/Exhibits 1-3 (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Dec. 1, 1989

Dec. 1, 1989

PACER
899

NOTICE of hearing by defts for motion to clarify Court Orders on defts' Duty to Report Compliance [889-1] at <date to be set by Court> (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Dec. 1, 1989

Dec. 1, 1989

PACER
900

NOTICE OF APPEAL by defendants from Dist. Court decision of 11/3/89 and 11/6/89 [891-1] w/attached Proof of Service (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Dec. 4, 1989

Dec. 4, 1989

PACER
901

RESPONSE by amicus to defts' motion for reconsideration and to Alter the Court's Orders of ll/3/89 and ll/6/89 [886-1] w/Certificate of Service (rlw) Modified on 02/26/1990 (Entered: 12/11/1989)

Dec. 4, 1989

Dec. 4, 1989

PACER
902

PROOF OF SERVICE by defendants for pldg no 892 (rlw) Modified on 02/27/1990 (Entered: 12/11/1989)

Dec. 6, 1989

Dec. 6, 1989

PACER
903

ORDER (1 pages) by Magistrate Doyle A. Rowland granting motion to extend time for 10 days to respond to defts' Motion to Reconsider and Alter the Court's Order 11/3/89 and 11/6/89 to and including 12/15/89 [885-1] (cc: all counsel) (rlw) Modified on 02/27/1990 (Entered: 12/11/1989)

Dec. 6, 1989

Dec. 6, 1989

PACER
904

PETITION FOR WRIT OF HABEAS CORPUS Ad Prosequendum by amicus for John Ford, Romando Valeroso, T. Jon Spytma (3 pages) referral to Judge Richard A. Enslen. Writ issued and returned to amicus rep for service (rlw) Modified on 02/27/1990 (Entered: 12/11/1989)

Dec. 11, 1989

Dec. 11, 1989

PACER
905

RESPONSE by amicus MI ACLU, amicus Natl Prisn Proj ACLU to motion to dismiss Order for Show Cause [888-1] w/l Attachment (rlw) Modified on 02/27/1990 (Entered: 01/11/1990)

Dec. 13, 1989

Dec. 13, 1989

PACER
906

RESPONSE by amicus MI ACLU, amicus Natl Prisn Proj ACLU to motion to clarify Court Orders on defts' Duty to Report Compliance [889-1] w/Certificate of Service (rlw) Modified on 02/27/1990 (Entered: 01/11/1990)

Dec. 13, 1989

Dec. 13, 1989

PACER
907

RESPONSE by intervenor-plaintiffs Everett Hadix, Richard Mapes, Patrick C. Sommerville, Roosevelt Hudson Jr, Brent E. Koster, Lee D. McDonald, Darryl Sturges, William Lovett, James Covington, James Haddix to motion to dismiss Order for Show Cause [888-1], motion to clarify Court Orders on defts' Duty to Report Compliance [889-1] w/atttached Proof of Service (rlw) Modified on 02/27/1990 (Entered: 01/11/1990)

Dec. 13, 1989

Dec. 13, 1989

PACER

PROCEEDING before Judge Richard A. Enslen; contempt hearing held; additional briefs due 1/4/90; replies due 1/11/90; hearing continued to 1/16/90 (rlw)

Dec. 14, 1989

Dec. 14, 1989

PACER
908

Semiannual Compliance Report (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/11/1990)

Dec. 15, 1989

Dec. 15, 1989

PACER
909

Inspection of Food Service of the South Complex at SPSM (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/11/1990)

Dec. 15, 1989

Dec. 15, 1989

PACER
910

Inspection of External Food Service at the Marquette Branch Prison (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/11/1990)

Dec. 15, 1989

Dec. 15, 1989

PACER
911

ORDER (4 pages) by Judge Richard A. Enslen to summarize in part and amend in part the verbal order on 12/14/89; that the hearing to show cause on defts' contempt is continued to 1/16/90 @ 9:00 a.m. in Kzoo; defts briefs due by 1/4/90; pltf, amici and defts may file other papers by 1/4/90; replies to be filed by 1/11/90 (cc: all counsel) (rlw) Modified on 02/27/1990 (Entered: 01/12/1990)

Dec. 15, 1989

Dec. 15, 1989

PACER
912

ATTORNEY APPEARANCE by by Donald S. McGehee, Assist. Atty Gen. on behalf of defendant State of Michigan w/stamped proof of service (rlw) Modified on 02/27/1990 (Entered: 01/11/1990)

Dec. 20, 1989

Dec. 20, 1989

PACER
913

Report of Food Service Inspection at the Central Complex at SPSM (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/12/1990)

Dec. 21, 1989

Dec. 21, 1989

PACER
914

RESPONSE by plaintiff USA to defts' motion to clarify Court Orders on defts' Duty to Report Compliance [889-1], defts' motion to dismiss Order for Show Cause [888-1] w/Certificate of Service (rlw) Modified on 02/27/1990 (Entered: 01/12/1990)

Dec. 21, 1989

Dec. 21, 1989

PACER
915

RESPONSE by plaintiff USA to motion for reconsideration and to Alter the Court's Orders of ll/3/89 and ll/6/89 [886-1] w/certificate of service (rlw) Modified on 02/27/1990 (Entered: 01/12/1990)

Dec. 21, 1989

Dec. 21, 1989

PACER
916

NOTICE by intervenor-plaintiff Everett Hadix, Richard Mapes, Patrick C. Sommerville, Roosevelt Hudson Jr, Brent E. Koster, Lee D. McDonald, Darryl Sturges, William Lovett, James Covington, James Haddix of taking deposition of Frank J. Kelley on 1/9/89 at 10 a.m. in Lansing, MI w/stamped proof of service (rlw) Modified on 02/27/1990 (Entered: 01/12/1990)

Dec. 28, 1989

Dec. 28, 1989

PACER
917

Overcrowding and Protection from Harm Audits (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Dec. 29, 1989

Dec. 29, 1989

PACER
918

Out-of-Cell Acitivity (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Dec. 29, 1989

Dec. 29, 1989

PACER
919

Revised Plan on Access to Medical Care (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Dec. 29, 1989

Dec. 29, 1989

PACER
920

NOTICE by amicus MI ACLU, amicus Natl Prisn Proj ACLU of taking deposition of Frank J. Kelley on 1/9/90 @ l0 a.m. in Lansing, MI w/stamped Proof of Service (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 2, 1990

Jan. 2, 1990

PACER
921

TRANSCRIPT filed for Compliance Hearing held ll/1/89 and ll/2/89 before Judge Enslen and reported by Jarratt W. Martin (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 2, 1990

Jan. 2, 1990

PACER
922

Food Service Inspection Report for SPSM Central Complex w/November and December inspection reports for the Trusty Division food service at SPSM (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 3, 1990

Jan. 3, 1990

PACER
923

BRIEF by intervenor-plaintiff Everett Hadix, Richard Mapes, Patrick C. Sommerville, Roosevelt Hudson Jr, Brent E. Koster, Lee D. McDonald, Darryl Sturges, William Lovett, James Covington, James Haddix regarding Scheduling order contempt hearing held; additional briefs due 1/4/90; replies due 1/11/90; hearing continued to 1/16/90 [0-0] (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 4, 1990

Jan. 4, 1990

PACER
924

MOTION by defendant State of Michigan to exceed page limitation to file Brief in Response to the Court's l1/l5/89 Order w/attached Proposed Brief in Response to the Court's Order dated 12/15/89 w/attached Proof of Service w/Tables 1-2 (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 4, 1990

Jan. 4, 1990

PACER
925

SUPPLEMENTAL BRIEF by defendant State of Michigan, amicus MI ACLU re order [894-1] w/certificate of service w/attachments 1-2 (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 5, 1990

Jan. 5, 1990

PACER
926

Revision of the MI Dept of Corrections' police "Prisoner Placement and Transfer" as to newly opened corrections facilities Munising, Standish, Carson City Regional Facility, Adrian Temporary Facility (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 5, 1990

Jan. 5, 1990

PACER
927

MOTION by plaintiff USA to exceed page limitation for memorandum in support of Motion for Protective Order w/Memorandum in support w/Proposed Motion for Protective Order w/Brief in Support w/Notice of Motion w/attached Certificate of Service (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 5, 1990

Jan. 5, 1990

PACER
928

MOTION by defendant State of Michigan to exceed page limitation for Motion for Protective Order w/Proposed Motion for Protective Order w/Brief in Support w/attached Proof of Service (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 5, 1990

Jan. 5, 1990

PACER
929

RESPONSE by plaintiff USA [894-1] to Court's Order of 12/15/89 (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 5, 1990

Jan. 5, 1990

PACER
930

ORDER (1 pages) by Judge Richard A. Enslen granting motion to exceed page limitation for memorandum in support of Motion for Protective Order 927 ; Case mgmt ddl for responses from dft, amici 1/16/90 to pltf's Motion for Protective Order (cc: all counsel) (rlw) Modified on 10/09/1991 (Entered: 01/14/1990)

Jan. 8, 1990

Jan. 8, 1990

PACER
931

MOTION by plaintiff USA for protective order w/Memorandum in Support w/Notice of Motion (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 8, 1990

Jan. 8, 1990

PACER
932

BRIEF (First Amended) by defendant State of Michigan regarding motion to exceed page limitation in Support of Motion for Protective Order [910-1] w/attached proof of service (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 8, 1990

Jan. 8, 1990

PACER
933

PROOF OF SERVICE by defendant State of Michigan for discovery materials (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 9, 1990

Jan. 9, 1990

PACER
934

Report of Independent Expert (STATUS REPORT) by Special Master F. Warren Benton on Compliance Evaluation of Provision Relating to Fire Safety, Sanitation, Crowding and Protection from Harm, Access to Courts (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 9, 1990

Jan. 9, 1990

PACER
935

MOTION by defendant State of Michigan for protective order w/Brief in Support (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 10, 1990

Jan. 10, 1990

PACER
936

ORDER (6 pages) by Judge Richard A. Enslen granting deft's motion for protective order 931 (cc: all counsel) (rlw) Modified on 10/09/1991 (Entered: 01/14/1990)

Jan. 10, 1990

Jan. 10, 1990

PACER
937

PETITION FOR WRIT OF HABEAS CORPUS ( 3 pages) referral to Judge Richard A. Enslen by petitioner prisoners John Ford, T. Jon Spytma, Romando Valeroso representing Knop amici for hearing on 1/16/90 at 9 a.m. Writ issued and returned to pltf's rep for service (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 10, 1990

Jan. 10, 1990

PACER

Remark - Court allows filing of deft's Motion for Protective Order verbally over the telephone (rlw)

Jan. 10, 1990

Jan. 10, 1990

PACER
938

REPLY Brief by intervenor-plaintiff Everett Hadix, Richard Mapes, Patrick C. Sommerville, Roosevelt Hudson Jr, Brent E. Koster, Lee D. McDonald, Darryl Sturges, William Lovett, James Covington, James Haddix in Support of Show Cause proceedings re [894-1] (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 11, 1990

Jan. 11, 1990

PACER
939

REPLY Brief by amicus MI ACLU, amicus Natl Prisn Proj ACLU in Support of Show Cause proceedings re [894-1] w/certificate of service (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 11, 1990

Jan. 11, 1990

PACER
940

MOTION by defendant State of Michigan to modify defts' Epidemiological contagions plan w/Brief in Support w/Exhibits 1-2 w/attached proof of service (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 11, 1990

Jan. 11, 1990

PACER
941

Report on Building Trades Inspections for Marquette Branch Prison and SPSM-Egeler Correctional Facility and Michigan Reformatory (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 11, 1990

Jan. 11, 1990

PACER
942

RESPONSE by defendant State of Michigan to pltfs and Amici's Supplemental Brief for Contempt [905-1] w/stamped proof of service w/attachment 33 (rlw) Modified on 02/27/1990 (Entered: 01/16/1990)

Jan. 11, 1990

Jan. 11, 1990

PACER
943

Quarterly Reports (STATUS REPORT) by defendant State of Michigan on Progress of new psychiatric facility; Overcrowding; Progress toward JCAHO Accreditation; Opening of intermediate care unit (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 11, 1990

Jan. 11, 1990

PACER
944

AMENDMENT by defendant State of Michigan to supplemental [907-1] (rlw) Modified on 02/27/1990 (Entered: 01/14/1990)

Jan. 12, 1990

Jan. 12, 1990

PACER
945

TRANSCRIPT filed for Compliance Hearing held 11/289 before Judge Enslen and reported by Jarratt W. Martin (Vol II) (rlw) Modified on 02/27/1990 (Entered: 01/19/1990)

Jan. 12, 1990

Jan. 12, 1990

PACER
946

RESPONSE by defendant State of Michigan, amicus MI ACLU to motion for protective order [913-1] w/certificate of service(rlw) Modified on 02/27/1990 (Entered: 01/16/1990)

Jan. 16, 1990

Jan. 16, 1990

PACER
947

Report of Out-of-Cell Activity Survey at SPSM (4-Block) (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/19/1990)

Jan. 16, 1990

Jan. 16, 1990

PACER
948

STIPULATION AND ORDER (2 pages) by Judge Richard A. Enslen : that defts will allow pltfs and their experts to conduct tours of consent decree facilities (cc: all counsel) (rlw) Modified on 09/19/1990 (Entered: 01/19/1990)

Jan. 16, 1990

Jan. 16, 1990

PACER

PROCEEDING before Judge Richard A. Enslen ; holding defts in contempt and satisfying current contempt hrg ddls (rlw) Modified on 02/21/1990

Jan. 16, 1990

Jan. 16, 1990

PACER
949

ATTORNEY APPEARANCE by Timothy R. Payne on behalf of plaintiff USA (rlw) Modified on 02/27/1990 (Entered: 01/19/1990)

Jan. 17, 1990

Jan. 17, 1990

PACER
950

Report on Overcrowding and Protection Harm Audit (STATUS REPORT) by defendant State of Michigan (rlw) Modified on 02/27/1990 (Entered: 01/19/1990)

Jan. 17, 1990

Jan. 17, 1990

PACER
951

TRANSMISSION FORM showing notice of appeal filed by CCA on 01/09/90 and assigned CCA number 90-1035 (dmh) Modified on 02/27/1990 (Entered: 02/14/1990)

Jan. 18, 1990

Jan. 18, 1990

PACER
952

OPINION AND ORDER (33 pages) by Judge Richard A. Enslen, that the court held that defts were in contempt 1) for failing to submit a revised mental health program statement based on a population projection to the year 2000; 2) for suppressing information in the 3/89 audit reports. The court ordered defts to comply with a re-formulation of the Consent Decree Coordinator position and compliance monitoring process as specified in the opinion and to provide an update of the mental health program statement containing a population projection to the year 2000. Such projection must be developed by an independent contractor approved by the court (cc: all counsel) (rlw) (Entered: 03/01/1990)

Jan. 24, 1990

Jan. 24, 1990

PACER
953

OPINION (4 pages) by Judge Richard A. Enslen (cc: all counsel) (rlw) (Entered: 03/01/1990)

Jan. 24, 1990

Jan. 24, 1990

PACER
954

ORDER (2 pages) by Judge Richard A. Enslen in accordance w/Opinion granting defts' motion to clarify Court Orders on defts' Duty to Report Compliance [898-1] (cc: all counsel) (rlw) (Entered: 03/01/1990)

Jan. 24, 1990

Jan. 24, 1990

PACER
955

OPINION (11 pages) by Judge Richard A. Enslen (cc: all counsel) (rlw) (Entered: 03/01/1990)

Jan. 24, 1990

Jan. 24, 1990

PACER
956

ORDER (2 pages) by Judge Richard A. Enslen denying motion for reconsideration and to Alter the Court's Orders of ll/3/89 and ll/6/89 [895-1]; defts shall develop a classification plan as specified in Order of 11/3/89 by 4/2/90; defts shall submit by 4/2/90 a plan illustrating how they manage the correctional population projected by their research div. as specified in Order of ll/6/89 (cc: all counsel) (rlw) (Entered: 03/01/1990)

Jan. 24, 1990

Jan. 24, 1990

PACER
957

RESPONSE by amicus MI ACLU, amicus Natl Prisn Proj ACLU to motion to modify defts' Epidemiological contagions plan [940-1] w/certificate of service (rlw) (Entered: 03/01/1990)

Jan. 26, 1990

Jan. 26, 1990

PACER
958

TRANSCRIPT filed for Compliance Hearing held 11/2/89 and 11/3/89 before Judge Enslen and reported by Jarratt W. Martin (Vol III) (rlw) (Entered: 03/01/1990)

Jan. 28, 1990

Jan. 28, 1990

PACER
959

STATUS REPORT by defendant State of Michigan re food service inspections at SPSM Central Complex and Egeler Correctional Facility (rlw) (Entered: 03/01/1990)

Jan. 29, 1990

Jan. 29, 1990

PACER
960

OBJECTIONS by intervenor-plaintiffs to report by defts re access to health care plan [919-1] (rlw) (Entered: 03/01/1990)

Jan. 29, 1990

Jan. 29, 1990

PACER
961

REPORT by defendant State of Michigan re the most recent revisions of the institutional capacities for SPSM and the Reception and Guidance Center (rlw) (Entered: 03/01/1990)

Jan. 29, 1990

Jan. 29, 1990

PACER
962

PROOF OF SERVICE by intervenor-plaintiffs for discovery materials (rlw) (Entered: 03/01/1990)

Feb. 5, 1990

Feb. 5, 1990

PACER
963

REPORT by defendant State of Michigan re revised procedures and practices for the Self-Mutilator Protection Unit (SMPU) (rlw) (Entered: 03/01/1990)

Feb. 7, 1990

Feb. 7, 1990

PACER
964

REPORT by defendant State of Michigan re annual consent decree inspections by Fire Marshal (rlw) (Entered: 03/01/1990)

Feb. 9, 1990

Feb. 9, 1990

PACER
965

MOTION by defendant State of Michigan for Modification of Shower Provision Contained w/in the Consent Decree w/Brief in Support w/Exhibit 1-2 w/stamped proof of service (rlw) (Entered: 03/01/1990)

Feb. 12, 1990

Feb. 12, 1990

PACER
966

CONFIDENTIALITY STIPULATION of Knop Amicus and defts re Raw Data from deft, Michigan Dept. of Corrections' Classification Validity Study (rlw) (Entered: 03/01/1990)

Feb. 12, 1990

Feb. 12, 1990

PACER
967

PROOF OF SERVICE by defendant State of Michigan for discovery materials (rlw) (Entered: 03/01/1990)

Feb. 15, 1990

Feb. 15, 1990

PACER
968

MOTION by defendant State of Michigan for Modification of Consent Decree Provision Mandating a Two-Hour Fire Separation in the Gun Posts w/Brief in Support w/attachments w/stamped proof of service (rlw) (Entered: 03/01/1990)

Feb. 16, 1990

Feb. 16, 1990

PACER
969

REPORT by defendant State of Michigan re the sanitarian employed at the Egeler Correctional Facility (rlw) (Entered: 03/01/1990)

Feb. 20, 1990

Feb. 20, 1990

PACER
970

REQUEST by defendant State of Michigan for Extension of Time to file Fire Safety and Sanitation Reports (rlw) (Entered: 03/01/1990)

Feb. 20, 1990

Feb. 20, 1990

PACER
971

REPORT by defendant State of Michigan re construction of Psychiatric Mental Health Facility concerning interviews of the architects (rlw) (Entered: 03/01/1990)

Feb. 20, 1990

Feb. 20, 1990

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 18, 1984

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Marquette Branch Prison (Marquette), State

Michigan Reformatory (Ionia), State

State Prison of Southern Michigan (Jackson), State

Charles Egeler Facility, State

Parnall Correctional Facility, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1984 - 1999

Issues

General:

Bathing and hygiene

Fire safety

Food service / nutrition / hydration

Personal injury

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run