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

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/11014174/parties/nunn-v-mi-dept-corr/


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

Feb. 4, 1997

Feb. 4, 1997

Order/Opinion
85

2:96-cv-71416

Opinion and Order Granting Plaintiffs' Motion to Amend

Nunn v. McGinnis

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

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

Sept. 17, 1997

Sept. 17, 1997

Order/Opinion
125

2:96-cv-71416

Opinion and Order Denying Defendants' Motion for Reconsideration

Nunn v. McGinnis

Oct. 7, 1997

Oct. 7, 1997

Order/Opinion
259

2:96-cv-71416

Memorandum Opinion and Order

Nunn v. Michigan Dept. of Corrections

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

See docket on RECAP: https://www.courtlistener.com/docket/11014174/nunn-v-mi-dept-corr/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand - Receipt # 326707 - Date Fee Received: 03/27/96 (tm) (Entered: 04/01/1996)

March 27, 1996

March 27, 1996

PACER
2

APPEARANCE for defendants of attorney Susan Przekop-Shaw with proof of mailing (ld) (Entered: 06/14/1996)

June 13, 1996

June 13, 1996

PACER
3

MOTION by defendants to extend time to answer complaint [1-1] with brief and proof of mailing (ld) (Entered: 06/14/1996)

June 13, 1996

June 13, 1996

PACER
4

APPEARANCE for Joan Yukins, Robert Salis, Cornell Howard of attorney Susan Przekop-Shaw with proof of mailing (lt) (Entered: 06/18/1996)

June 17, 1996

June 17, 1996

PACER
5

ORDER by Judge John Corbett O'Meara granting motion to extend time to answer complaint [1-1] by Carol Howes, Sally Langley, Kenneth McGinnis, MI Dept Corr [3-1] with proof of mailing (lt) (Entered: 06/26/1996)

June 18, 1996

June 18, 1996

PACER

SCHEDULE: by Judge John Corbett O'Meara deadline for answer to complaint [1-1] set for 7/29/96 (dg)

June 20, 1996

June 20, 1996

PACER
6

LETTER by Linda Wittmann, Litigation Specialist for the MI Dept of Corr informing plaintiff's attorney of the return of summons and complaint for Christopher Gallagher because he is no longer employed with the MI Dept of Corr (db) (Entered: 07/01/1996)

June 28, 1996

June 28, 1996

PACER
7

APPEARANCE for defendant FNU Portman, defendant FNU Robey of attorney Susan Przekop-Shaw with proof of mailing (generic) (Entered: 07/23/1996)

July 19, 1996

July 19, 1996

PACER
8

MOTION and brief by defendants' MI Dept Corr, Kenneth McGinnis, Joan Yukins, Sally Langley, Carol Howes, Robert Salis, and Cornell Howard to extend time to answer complaint [1-1] to 07/29/96 with proof of mailing (generic) (Entered: 07/23/1996)

July 19, 1996

July 19, 1996

PACER
9

ORDER by Judge John Corbett O'Meara granting motion to extend time to answer complaint [1-1] to 07/29/96 [8-1] with proof of mailing (JC) (Entered: 07/25/1996)

July 23, 1996

July 23, 1996

PACER
10

ANSWER by defendants Kenneth McGinnis, Joan Yukins, Sally Langley, Carol Howes, Robert Salis, Cornell Howard, FNU Portman, FNU Robey to complaint [1-1] with proof of mailing (db) (Entered: 07/29/1996)

July 25, 1996

July 25, 1996

PACER
11

EX PARTE ORDER by Judge John Corbett O'Meara extending summons as to defendant Ellison (db) (Entered: 07/30/1996)

July 25, 1996

July 25, 1996

PACER
12

APPEARANCE and note for defendant Martin Tate of attorney J. Richard Colbeck with proof of mailing (db) Modified on 07/30/1996 (Entered: 07/30/1996)

July 29, 1996

July 29, 1996

PACER

SCHEDULE: by Judge John Corbett O'Meara deadline for expiration of summons for defendant Ellison set for 8/26/96 (dg)

July 29, 1996

July 29, 1996

PACER
13

MOTION by plaintiffs to certify class action with brief, exhibits and proof of mailing (db) Modified on 08/27/1996 (Entered: 08/26/1996)

Aug. 23, 1996

Aug. 23, 1996

PACER
14

NOTICE by the court of hearing on motion to certify class action by plaintiffs [12-1] and of deadline for response and reply to motion to certify class action by plaintiffs [12-1] (db) Modified on 08/27/1996 (Entered: 08/27/1996)

Aug. 26, 1996

Aug. 26, 1996

PACER

SCHEDULE: by Judge John Corbett O'Meara hearing on motion to certify class action by plaintiffsssss [13-1] set for 2:00 10/17/96 (dg)

Aug. 27, 1996

Aug. 27, 1996

PACER
15

MOTION and brief by defendants for extension of time to respond to motion to certify class action by plaintiffs [13-1] with proof of mailing (db) (Entered: 08/29/1996)

Aug. 28, 1996

Aug. 28, 1996

PACER
16

ORDER by Judge John Corbett O'Meara granting motion for extension of time to respond to motion to certify class action by plaintiffs [13-1] by defendants [15-1] (lt) (Entered: 09/11/1996)

Sept. 3, 1996

Sept. 3, 1996

PACER

SCHEDULE: by Judge John Corbett O'Meara deadline for response to motion to certify class action by plaintiffsssss [13-1] set for 9/12/96 (dg)

Sept. 11, 1996

Sept. 11, 1996

PACER
17

MOTION by defendants to file excess brief with pages with brief and proof of mailing (lt) (Entered: 09/13/1996)

Sept. 12, 1996

Sept. 12, 1996

PACER
18

RESPONSE by MI Dept Corr, Kenneth McGinnis, Joan Yukins, Sally Langley, Carol Howes, Robert Salis, Cornell Howard, FNU Portman, FNU Robey to motion to certify class action by plaintiffs [13-1] with brief, attachments and proof of mailing (lt) (Entered: 09/13/1996)

Sept. 12, 1996

Sept. 12, 1996

PACER
19

ORDER by Judge John Corbett O'Meara, for plaintiff to show cause, in writing within 15 days, why the complaint should not be dismissed for lack of prosecution as to defendants Tate, Ellison and Gallagher with proof of mailing (JC) (Entered: 09/16/1996)

Sept. 13, 1996

Sept. 13, 1996

PACER

SCHEDULE: by Judge John Corbett O'Meara show cause in writing set for 9/30/96 as to Tate, Ellison and Gallagher (dg)

Sept. 16, 1996

Sept. 16, 1996

PACER
20

MOTION by defendants MI Dept Corr, Kenneth McGinnis, Joan Yukins, Sally Langley, Carol Howes, Robert Salis, Cornell Howard, FNU Portman and FNU Robey to dismiss with brief in support, exhibit A and proof of mailing (JC) (Entered: 09/18/1996)

Sept. 17, 1996

Sept. 17, 1996

PACER
21

MOTION by defendants to strike exhibits attached to motion to certify class action [13-1] with incorporated brief, exhibits and proof of mailing (JC) (Entered: 09/19/1996)

Sept. 18, 1996

Sept. 18, 1996

PACER
22

AMENDED NOTICE of hearing on motion to dismiss [20-1] and motion to certify class action [13-1] (JC) (Entered: 09/20/1996)

Sept. 19, 1996

Sept. 19, 1996

PACER
23

EX PARTE MOTION by plaintiffs to allow alternate service and to reinstate summons with exhibits and proof of mailing (db) (Entered: 09/24/1996)

Sept. 23, 1996

Sept. 23, 1996

PACER

SCHEDULE: by Judge John Corbett O'Meara hearing on motion to dismiss by defendantssssssss [20-1] set for 2:00 11/7/96, motion to certify class action by plaintiffsssss [13-1] set for 2:00 11/7/96 (dg)

Sept. 23, 1996

Sept. 23, 1996

PACER
24

SUMMONS returned executed by personal service on 6/12/96 - answer due 7/2/96 for FNU Tate (db) (Entered: 09/25/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
25

SUMMONS returned executed by personal service on 7/18/96 - answer due 8/7/96 for FNU Gallagher (db) (Entered: 09/25/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
26

EX PARTE ORDER by Judge John Corbett O'Meara granting plaintiffs' motion to allow alternate service [23-1] and granting motion reinstate summons [23-2] (db) (Entered: 09/26/1996)

Sept. 25, 1996

Sept. 25, 1996

PACER
27

STIPULATION and order by Judge John Corbett O'Meara, extending time to 10/13/96 for plaintiffs' to Respond to defendants' Motion to Dismiss and to 10/14/96 for plaintiff's response to Motion to Strike (generic) (Entered: 10/01/1996)

Sept. 27, 1996

Sept. 27, 1996

PACER

SCHEDULE: by Judge John Corbett O'Meara deadline for response to motion to dismiss by defendantssssssss [20-1] set for 10/13/96, deadline for response to motion to strike exhibits attached to motion to certify class action [13-1] by defendantsssssssssss [21-1] set for 10/14/96 (dg)

Oct. 3, 1996

Oct. 3, 1996

PACER
28

ANSWER by defendant Martin Tate to complaint [1-1] with proof of mailing (lt) (Entered: 10/17/1996)

Oct. 11, 1996

Oct. 11, 1996

PACER
29

RESPONSE by plaintiffs to motion to strike exhibits attached to motion to certify class action [13-1] by defendants [21-1] with brief in opposition, attachments and proof of mailing (lt) (Entered: 10/18/1996)

Oct. 16, 1996

Oct. 16, 1996

PACER
30

MOTION and brief by defendants' for leave to file instanter reply brief in support of defendants' motion to dismiss with proof of mailing (lh) Modified on 10/24/1996 (Entered: 10/24/1996)

Oct. 24, 1996

Oct. 24, 1996

PACER
31

REPLY by defendants' to plaintiff's response to motion to dismiss by defendants [20-1] with attachemnts and proof of mailing (lh) (Entered: 10/24/1996)

Oct. 24, 1996

Oct. 24, 1996

PACER

MOTION hearing held on motion to strike exhibits attached to motion to certify class action [13-1] by defendants [21-1], motion to dismiss by defendants20-1] - disposition: taken under advisement - Judge John Corbett O'Meara - Court Reporter: Egan (dg)

Nov. 7, 1996

Nov. 7, 1996

PACER

MOTION hearing held on motion to certify class action by plaintiffsssss [13-1] - disposition: taken under advisement - Judge John Corbett O'Meara - Court Reporter: Egan (dg)

Nov. 7, 1996

Nov. 7, 1996

PACER
32

APPEARANCE for defendant FNU Gallagher of attorney Susan Przekop-Shaw with proof of mailing (generic) (Entered: 11/12/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
33

ANSWER by defendant Officer Gallagher to complaint [1-1] with proof of mailing (generic) (Entered: 11/12/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
34

SUMMONS returned executed by via first class mail per order reinstating summons and allowing alternate service on 10/1/96 - answer due 10/21/96 for FNU Ellison (lt) (Entered: 12/16/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
35

REQUEST by plaintiffs for clerk's entry of default as to defendant FNU Ellison with affidavit (lt) Modified on 12/16/1996 (Entered: 12/16/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
36

CLERK'S entry of default as to defendant FNU Ellison (lt) (Entered: 12/16/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
37

SUMMONS returned executed by personal service on 5/30/96 - answer due 6/19/96 for Carol Howes (db) (Entered: 12/17/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
38

SUMMONS returned executed by personal service on 6/10/96 - answer due 6/30/96 for Robert Salis (db) (Entered: 12/17/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
39

SUMMONS returned executed by personal service on 6/10/96 - answer due 6/30/96 for Cornell Howard (db) (Entered: 12/17/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
40

SUMMONS returned executed by personal service on 6/10/96 - answer due 6/30/96 for FNU Portman (db) (Entered: 12/17/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
41

SUMMONS returned executed by personal service on 6/10/96 - answer due 6/30/96 for FNU Robey (db) (Entered: 12/17/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
42

SUMMONS returned executed by personal service on 6/10/96 - answer due 6/30/96 for Joan Yukins (db) (Entered: 12/17/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
43

PROOF of mailing by plaintiffs of summons and complaint upon Kenneth McGinnis (db) (Entered: 12/17/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
44

PROOF of mailing by plaintiffs of service of summons and complaint upon MI Dept of Corrections (db) (Entered: 12/17/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
45

SUMMONS returned executed by personal service on 5/30/96 - answer due 6/19/96 for Sally Langley (db) (Entered: 12/17/1996)

Dec. 16, 1996

Dec. 16, 1996

PACER
46

PROOF of mailing by plaintiff of Clerk's Entry of Default upon attorneys of record (bk) (Entered: 12/31/1996)

Dec. 24, 1996

Dec. 24, 1996

PACER
47

OPINION and order by Judge John Corbett O'Meara granting in part and denying in part defendants' motion to dismiss [20-1] and staying plaintiffs' "grievable" injunctive relief claims so that plaintiffs may pursue administrative remedies with proof of mailing (db) (Entered: 02/05/1997)

Feb. 4, 1997

Feb. 4, 1997

Clearinghouse
48

ORDER by Judge John Corbett O'Meara for parties to show cause why this action should not be stayed or dismissed with proof of mailing (ls) (Entered: 02/19/1997)

Feb. 14, 1997

Feb. 14, 1997

PACER
49

ANSWER (memorandum in response) by plaintiff Bertha Clark, plaintiff Ikemia Russell, plaintiff Stacy Barker, plaintiff Helen Gibbs, plaintiff Tracy Neal, plaintiff Linda Nunn to order to show cause why this action should not be stayed or dismissed [48-1] [48-2] with proof of mailing (lh) (Entered: 02/26/1997)

Feb. 26, 1997

Feb. 26, 1997

PACER
50

SUBSTITUTION for defendiants Joan Yukins, Robert Salis, Carol Howes, Sally Langley, FNU Robey, FNU Gallagher, FNU Ellison, FNU Portman, Martin Tate, Cornell Howard, Kenneth McGinnis and MI Dept Corr of attorney Donald L. Allen Jr., and John L. Thurber in place of attorney Susan Przekop-Shaw with proof of mailing (lh) (Entered: 02/28/1997)

Feb. 27, 1997

Feb. 27, 1997

PACER
51

RESPONSE by defendants' to order to show cause why this action should not be stayed or dismissed [48-1] [48-2] with exhibits and proof of mailing (lh) (Entered: 02/28/1997)

Feb. 27, 1997

Feb. 27, 1997

PACER
52

ORDER by Judge John Corbett O'Meara denying motion to strike exhibits attached to motion to certify class action [13-1] by defendants' [21-1] with proof of mailing (bk) (Entered: 03/17/1997)

March 14, 1997

March 14, 1997

PACER
53

MEMORANDUM opinion and order by Judge John Corbett O'Meara denying motion to certify class action by plaintiffs' [13-1] with proof of mailing (bk) (Entered: 03/17/1997)

March 14, 1997

March 14, 1997

PACER
54

MOTION by plaintiffs for reconsideration and/or rehearing of order [53-1] with brief and proof of mailing (ld) (Entered: 04/02/1997)

March 28, 1997

March 28, 1997

PACER
55

MOTION and brief by defendants' for leave to take deposition of Prisoners and for plaintiffs to execute medical releases of information with attachments, and proof of mailing. (PP) (Entered: 04/28/1997)

April 25, 1997

April 25, 1997

PACER
56

NOTICE by Judge O'Meara's chambers of scheduling conference (PP) (Entered: 04/29/1997)

April 28, 1997

April 28, 1997

PACER
57

NOTICE by Judge O'Meara's chambers of hearing on motion for leave to take deposition of Prisoners and for plaintiffs to execute medical releases of information by defendants [55-1], motion for reconsideration and/or rehearing of order [53-1] by plaintiffs [54-1] (PP) (Entered: 04/29/1997)

April 28, 1997

April 28, 1997

PACER
58

MOTION by plaintiff to amend complaint [1-1] with memorandum, attachment, notice of hearing, and proof of mailing. (PP) (Entered: 04/30/1997)

April 29, 1997

April 29, 1997

PACER
59

MOTION by plaintiffs' for temporary restraining order with memorandum, exhibits A-D, affidavit, notice of hearing, and proof of mailing. (PP) (Entered: 04/30/1997)

April 29, 1997

April 29, 1997

PACER

SCHEDULE: by Judge John Corbett O'Meara hearing on motion for leave to take deposition of Prisoners and for plaintiffs to execute medical releases of information by defendantsssssssssss [55-1] set for 2:00 5/22/97 (dg)

April 29, 1997

April 29, 1997

PACER

MOTION hearing held on motion for temporary restraining order by plaintiffs [59-1] to 2:00 5/6/97 - disposition: continued - Judge John Corbett O'Meara - Court Reporter: Egan (dg)

April 30, 1997

April 30, 1997

PACER
60

RESPONSE by defendants' to motion for temporary restraining order by plaintiffs [59-1] with brief, attachments, and proof of mailing. (PP) (Entered: 05/01/1997)

May 1, 1997

May 1, 1997

PACER
61

RESPONSE by defendants to plaintiffs' motion to amend complaint to add parties and to add additional claims[1-1] [58-1] with brief and proof of mailing (db) (Entered: 05/05/1997)

May 2, 1997

May 2, 1997

PACER
62

REPLY by plaintiffs to defendants' response to motion for temporary restraining order [59-1] with exhibits and proof of mailing (db) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

PACER
63

RESPONSE by plaintiffs to defendants' motion for leave to take deposition of prisoners and for plaintiffs to execute medical releases of information [55-1] with exhibit and proof of mailing (db) (Entered: 05/06/1997)

May 5, 1997

May 5, 1997

PACER
64

AMENDED BRIEF by defendants in support of defendants' response to plaintiffs' motion for temporary restraining order [59-1] with proof of mailing (db) (Entered: 05/06/1997)

May 6, 1997

May 6, 1997

PACER

MOTION hearing held on motion for temporary restraining order by plaintiffsssss [59-1] - disposition: denied - Judge John Corbett O'Meara - Court Reporter: Egan (dg)

May 6, 1997

May 6, 1997

PACER
65

ORDER by Judge John Corbett O'Meara denying plaintiffs' motion for temporary restraining order [59-1] and denying motion for reconsideration and/or rehearing of order [53-1] by plaintiffs [54-1] with proof of mailing (db) (Entered: 05/07/1997)

May 7, 1997

May 7, 1997

PACER
66

AMENDED NOTICE by the court of hearing on plaintiffs' motion to amend complaint [1-1] [58-1] and defendants' motion for leave to take deposition of Prisoners and for plaintiffs to execute medical releases of information [55-1] (db) (Entered: 05/08/1997)

May 7, 1997

May 7, 1997

PACER

SCHEDULE: by Judge John Corbett O'Meara hearing on motion to amend complaint [1-1] by plaintiffsssss [58-1] set for 2:00 5/22/97 (dg)

May 8, 1997

May 8, 1997

PACER
67

NOTICE of hearing on motion to amend complaint [1-1] by plaintiffs [58-1] with proof of mailing (bk) (Entered: 05/20/1997)

May 16, 1997

May 16, 1997

PACER

SCHEDULE: by Judge John Corbett O'Meara hearing on motion to amend complaint [1-1] by plaintiff [58-1] set for 2:00 6/12/97 (dg)

May 20, 1997

May 20, 1997

PACER
68

NOTICE by counsel, Deborah LaBelle for plaintifss' of change of address with proof of mailing (bk) (Entered: 05/22/1997)

May 21, 1997

May 21, 1997

PACER
73

APPEAL by plaintiffs' Linda Nunn, Tracy Neal, Helen Gibbs, Stacy Barker, Ikemia Russell and Bertha Clark of orders [53-1] and [65-1] to USCA with attachment and proof of mailing - FEE: PAID - Receipt #: 306 (lb) (Entered: 05/28/1997)

May 21, 1997

May 21, 1997

PACER

MOTION hearing not held on motion for leave to take deposition of Prisoners and for plaintiffs to execute medical releases of information by defendant [55-1] - disposition: parties stipulated - Judge John Corbett O'Meara (dg)

May 22, 1997

May 22, 1997

PACER

SCHEDULING conference held - Judge John Corbett O'Meara (dg)

May 22, 1997

May 22, 1997

PACER
69

SUPPLEMENTAL response by defendants' to motion response by defendant [61-1], with brief, and proof of mailing. (PP) (Entered: 05/28/1997)

May 27, 1997

May 27, 1997

PACER
70

PRETRIAL scheduling order by Judge John Corbett O'Meara - deadline for discovery set for 2/23/98, deadline for witness list set for 10/22/97, deadline for filing dispositive motions set for 3/23/98, deadline for final pretrial order set for 6/17/98, final pretrial conference set for 2:00 6/24/98, civil jury trial set for 7/7/98 (PP) (Entered: 05/28/1997)

May 27, 1997

May 27, 1997

PACER
71

STIPULATION and order by Judge John Corbett O'Meara, allowing taking of deposition of Linda Nunn, Tracy Neal, Helen Gibbs, Stacey Barker, Ikemia Russell, and Bertha Clark (PP) (Entered: 05/28/1997)

May 27, 1997

May 27, 1997

PACER
72

ORDER by Judge John Corbett O'Meara granting motion for leave to take deposition of Prisoners and for plaintiffs to execute medical releases of information by defendant [55-1] (PP) (Entered: 05/28/1997)

May 27, 1997

May 27, 1997

PACER
74

PROOF of mailing of notice of appeal to USCA, Richard Soble, Molly Reno, Deborah LaBelle, Donald Allen, Jr., John Thurber, J. Richard Colbeck and Court Reporter Andrea Egan (lb) (Entered: 05/28/1997)

May 28, 1997

May 28, 1997

PACER
75

CERTIFIED copy of appeal notice by plaintiff [73-1] and docket transmitted to USCA (lb) (Entered: 05/28/1997)

May 28, 1997

May 28, 1997

PACER
76

MOTION and brief by defendants' for leave to submit an oversized brief with proof of mailing (ls) (Entered: 06/04/1997)

June 3, 1997

June 3, 1997

PACER
77

MOTION by defendants Joan Yukins, Robert Salis, Carol Howes, Sally Langley, Cornell Howard, Kenneth McGinnis for protective order staying discovery or in the alternative. limiting the scope of discovery with brief and proof of mailing (ls) (Entered: 06/04/1997)

June 3, 1997

June 3, 1997

PACER
78

PROOF of mailing of defendants' first interrogatories to plaintiff Bertha Clark and Jane Doe (ls) (Entered: 06/05/1997)

June 4, 1997

June 4, 1997

PACER
79

MOTION by defendants' to dismiss, or alternatively for summary judgment with brief, attachments and proof of mailing (ls) (Entered: 06/06/1997)

June 5, 1997

June 5, 1997

PACER
80

NOTICE of hearing on motion to dismiss [79-1], motion for summary judgment [79-2], motion for protective order staying discovery [77-1], motion limiting the scope of discovery by defendants [77-2], and setting deadline for response and reply (ls) (Entered: 06/06/1997)

June 5, 1997

June 5, 1997

PACER
81

REPLY by plaintiffs to response to motion to amend complaint [1-1] by plaintiff [58-1] with exhibits and proof of mailing(ld) Modified on 06/11/1997 (Entered: 06/11/1997)

June 6, 1997

June 6, 1997

PACER
82

ACKNOWLEDGEMENT from USCA of receipt of appeal notice by plaintiff [73-1] - appeal case # 97-1606 (ld) Modified on 06/11/1997 (Entered: 06/11/1997)

June 10, 1997

June 10, 1997

PACER
83

DESIGNATION of record by plaintiff for appeal notice by plaintiff [73-1] - appeal case # 97-1606 (ld) (Entered: 06/11/1997)

June 10, 1997

June 10, 1997

PACER
84

DESIGNATION of record by counsel for plaintiffs regarding appeal filed by plaintiffs [73-1] - appeal case # 97-1606 (lh) (Entered: 06/17/1997)

June 11, 1997

June 11, 1997

PACER

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

Available 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 Sex or Gender:

Female

Type of Facility:

Government-run