Case: Nunn v. Michigan Department of Corrections

2:96-cv-71416 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 27, 1996

Closed Date: April 25, 2007

Clearinghouse coding complete

Case Summary

On March 27, 1996 women prisoners at Scott Correctional Facility and Florence Crane Facility in Michigan filed a lawsuit in the United States District Court for the Eastern District of Michigan under 42 U.S.C. § 1983. Plaintiffs alleged that they were subjected to a pattern and practice of sexual harassment and abuse as a result of the Michigan Department of Correction's (DOC) failure to train properly and discipline its staff. Defendants moved to dismiss. The district court (Judge John Corb…

On March 27, 1996 women prisoners at Scott Correctional Facility and Florence Crane Facility in Michigan filed a lawsuit in the United States District Court for the Eastern District of Michigan under 42 U.S.C. § 1983. Plaintiffs alleged that they were subjected to a pattern and practice of sexual harassment and abuse as a result of the Michigan Department of Correction's (DOC) failure to train properly and discipline its staff. Defendants moved to dismiss. The district court (Judge John Corbett O'Meara) granted the motion with respect to plaintiffs' claims against the DOC and monetary damage claims against Kenneth McGinnis in his official capacity as Director of the DOC. Nunn v. Michigan Dept. of Corr., No. 96-71416, 1997 WL 33559323 (E.D.Mich. Feb. 4, 1997). All other claims against McGinnis and corrections officers and other staff remained.

Judge O'Meara denied McGinnis's subsequent motion to dismiss. Nunn v. McGinnis, No. 96-71416, 1997 WL 33559327 (E.D.Mich. July 28, 1997). The court also denied a motion to stay pending appeal. 1997 WL 33559328 (E.D.Mich. Sept. 17, 1997). It granted plaintiffs' motion to amend, allowing plaintiffs to add two new inmates as plaintiffs and to add defendant Fullmer, a corrections officer who was accused of sexually assaulting one of the plaintiffs. 1997 WL 33559326 (E.D.Mich. June 16, 1997). As litigation continued, this case was consolidated with U.S.A. v. Michigan (PC-MI-0009) for purposes of discovery. That case settled in May 1999.

Settlement conferences for this case were held in 2000 and the parties signed a Settlement Agreement Regarding Injunctive and Declaratory Relief on July 31, 2000. According to the agreement, the DOC would develop and maintain a policy regarding sexual misconduct, sexual harassment, and retaliation. The settlement also addressed screening of prospective employees, staff training, prisoner education, and the process for investigating allegations of misconduct.

The parties entered into a conditional dismissal on August 17, 2000, pending reports of the compliance expert. The final report was submitted on December 3, 2002 and concluded that defendants substantially complied with the settlement agreement, with the exception that the defendants had not yet fully staffed housing units with female officers. On February 19, 2003, the court (Judge O'Meara) ordered a partial unconditional dismissal, maintaining jurisdiction over the staffing issue. On October 28, 2004, defendants moved for full unconditional dismissal of the action but withdrew that motion on September 29, 2005.

On April 25, 2007 the parties agreed that only female officers would be assigned to the facilities covered by the settlement agreement, which brought the dispute to a close. The court then ordered dismissal of the case, leaving the Plaintiffs free to pursue Defendants who defaulted on the settlement agreement.

Summary Authors

Joshua Arocho (7/11/2012)

Related Cases

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

Everson v. Michigan Department of Corrections, Eastern District of Michigan (2000)

Mason v. Granholm, Eastern District of Michigan (2005)

Neal v. Michigan Department of Corrections, Michigan state trial court (1996)

Anderson v. Dept of Corrections, Michigan state trial court (2003)

People


Judge(s)

Goldman, Marc L (California)

O'Meara, John Corbett (Michigan)

Attorneys(s) for Plaintiff

Labelle, Deborah A. (Michigan)

Reno, Molly H. (Michigan)

Soble, Richard (Michigan)

Attorneys(s) for Defendant

Allen, Donald L. Jr. (Michigan)

Colbeck, J. Richard (Michigan)

Friedman, Leo H. (Michigan)

Hugger, Frederick M. (Michigan)

Matus, Mark W. (Michigan)

Judge(s)

Goldman, Marc L (California)

O'Meara, John Corbett (Michigan)

Attorneys(s) for Plaintiff

Labelle, Deborah A. (Michigan)

Reno, Molly H. (Michigan)

Soble, Richard (Michigan)

Attorneys(s) for Defendant

Allen, Donald L. Jr. (Michigan)

Colbeck, J. Richard (Michigan)

Friedman, Leo H. (Michigan)

Hugger, Frederick M. (Michigan)

Matus, Mark W. (Michigan)

Monticello, Frank J. (Michigan)

Przekop-Shaw, Susan (Michigan)

Rataj, Michael A. (Michigan)

Shamraj, Marie (Michigan)

Stokes, Wanda M. (Michigan)

Thom, Kevin M. (Michigan)

Thurber, John L. (Michigan)

Wright, Patrick J. (Michigan)

Documents in the Clearinghouse

Document

2:96-cv-71416

Docket (PACER)

Nunn v. Michigan Dept. of Corrections

April 25, 2007

April 25, 2007

Docket
47

2:96-cv-71416

Opinion and Order Granting in Part and Denying in Part Defendants' Motion to Dismiss

Nunn v. Michigan Dept. of Corrections

1997 WL 33559323, 1997 U.S.Dist.LEXIS 22970

Feb. 4, 1997

Feb. 4, 1997

Order/Opinion
85

2:96-cv-71416

Opinion and Order Granting Plaintiffs' Motion to Amend

Nunn v. McGinnis

1997 WL 33559326, 1997 U.S.Dist.LEXIS 22977

June 16, 1997

June 16, 1997

Order/Opinion
98

2:96-cv-71416

Order Denying Defendants' Motion to Dismiss or for Summary Judgment

Nunn v. McGinnis

1997 WL 33559327, 1997 U.S.Dist.LEXIS 22978

July 28, 1997

July 28, 1997

Order/Opinion
116

2:96-cv-71416

Opinion and Order Denying Defendants' Motion for Stay Pending Appeal

Nunn v. McGinnis

1997 WL 33559328, 1997 U.S.Dist.LEXIS 22976

Sept. 17, 1997

Sept. 17, 1997

Order/Opinion
125

2:96-cv-71416

Opinion and Order Denying Defendants' Motion for Reconsideration

Nunn v. McGinnis

1997 WL 33559329, 1997 U.S.Dist.LEXIS 22979

Oct. 7, 1997

Oct. 7, 1997

Order/Opinion
259

2:96-cv-71416

Memorandum Opinion and Order

Nunn v. Michigan Dept. of Corrections

1998 WL 34113236, 1998 U.S.Dist.LEXIS 15639

April 8, 1998

April 8, 1998

Order/Opinion
93

2:96-cv-71416

Settlement Agreement Regarding Injunctive and Declaratory Relief

Nunn v. Michigan Dept. of Corrections

July 31, 2000

July 31, 2000

Settlement Agreement
90

2:96-cv-71416

Final Report of the Compliance Expert

Nunn v. Michigan Dept. of Corrections

Dec. 3, 2002

Dec. 3, 2002

Monitor/Expert/Receiver Report
90

2:96-cv-71416

Order

Nunn v. Michigan Dept. of Corrections

Feb. 1, 2003

Feb. 1, 2003

Order/Opinion

Resources

Docket

Last updated Aug. 4, 2022, 3:14 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 27, 1996

Closing Date: April 25, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison inmates alleging constitutional violations arising out of sexual assaults, a failure to adequately train, supervise, discipline and investigate allegations of sexual assault, violations of privacy, and retaliatory actions against women prisoners

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Michigan Department of Corrections (Coldwater), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

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: 2000 - None

Issues

General:

Assault/abuse by staff

Sex w/ staff; sexual harassment by staff

Staff (number, training, qualifications, wages)

Affected Gender:

Female

Type of Facility:

Government-run