Filed Date: March 27, 1996
Closed Date: April 25, 2007
Clearinghouse coding complete
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)
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)
Goldman, Marc L (California)
O'Meara, John Corbett (Michigan)
Labelle, Deborah A. (Michigan)
Reno, Molly H. (Michigan)
Soble, Richard (Michigan)
Allen, Donald L. Jr. (Michigan)
Colbeck, J. Richard (Michigan)
Friedman, Leo H. (Michigan)
Hugger, Frederick M. (Michigan)
Matus, Mark W. (Michigan)
Goldman, Marc L (California)
O'Meara, John Corbett (Michigan)
Labelle, Deborah A. (Michigan)
Reno, Molly H. (Michigan)
Soble, Richard (Michigan)
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)
Last updated May 28, 2022, 3:12 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Michigan
Case Type(s):
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):
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:
Constitutional Clause(s):
Availably Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2000 - None
Issues
General:
Sex w/ staff; sexual harassment by staff
Staff (number, training, qualifications, wages)
Affected Gender:
Type of Facility: