Case: Prisoners Progress Ass'n v. Johnson

2:76-72416 | U.S. District Court for the Eastern District of Michigan

Filed Date: 1976

Closed Date: Nov. 13, 1991

Clearinghouse coding complete

Case Summary

Plaintiffs in the case, individuals and a certified class, at least some of whom are inmates at the State Prison of Southern Michigan, petitioned the U.S. District Court for the Eastern District of Michigan on March 6, 1989 to enforce a consent decree dated April 2, 1981. Although it is not clear from the appellate opinion, it appears that this same group of plaintiffs had brought the original suit against the Michigan Department of Corrections sometime in 1976 resulting in the decree designed…

Plaintiffs in the case, individuals and a certified class, at least some of whom are inmates at the State Prison of Southern Michigan, petitioned the U.S. District Court for the Eastern District of Michigan on March 6, 1989 to enforce a consent decree dated April 2, 1981. Although it is not clear from the appellate opinion, it appears that this same group of plaintiffs had brought the original suit against the Michigan Department of Corrections sometime in 1976 resulting in the decree designed to ensure prisoners a minimum visitation time. In response to this request for enforcement, Defendants moved to modify or terminate the consent judgment arguing that changed circumstances warranted the modification and/or a major deficiency in the judgment impeded the achievement of its objectives.

A magistrate recommended that Plaintiffs' motion to enforce the consent decree be granted in part and that Defendants' motion to modify or terminate the decree be denied. The district court (Judge George E. Woods) adopted the magistrate's recommendation and Defendants appealed arguing that concern for institutional security amounted to a changed circumstance warranting a modification of the judgment.

The Sixth Circuit in a per curiam opinion (Judges Damon Jerome Keith, Boyce F. Martin, and Robert B. Krupansky) affirmed the district court decision Prisoners Progress Ass'n. v. Johnson, No. 90-1972, 1991 WL 235757 (6th Cir. Nov. 13, 1991). The court noted that nothing in the decree prevented the achievement of its narrow objective: to ensure prisoners a minimum visitation time. Moreover, the court held the defendants failed to prove a decline in security, and so there were no changed circumstances as required by law to modify the decree.

The docket for this case is not available on PACER, and therefore our information ends with the most recent court opinion, dated November 13, 1991.

Summary Authors

Sherrie Waldrup (4/3/2006)

People


Judge(s)

Keith, Damon Jerome (Michigan)

Krupansky, Robert B. (Ohio)

Martin, Boyce Ficklen Jr. (Kentucky)

Judge(s)

Keith, Damon Jerome (Michigan)

Krupansky, Robert B. (Ohio)

Martin, Boyce Ficklen Jr. (Kentucky)

Documents in the Clearinghouse

Document

90-01972

Unpublished Opinion

U. S. Court of Appeals for the Sixth Circuit

Nov. 13, 1991

Nov. 13, 1991

Order/Opinion

Docket

Last updated Aug. 30, 2022, 3:19 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: 1976

Closing Date: Nov. 13, 1991

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

inmates at the State Prison of Southern Michigan

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

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):

Freedom of speech/association

Availably Documents:

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: 1981 - None

Issues

General:

Parents (visitation, involvement)

Siblings (visitation, placement)

Visiting

Type of Facility:

Government-run