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Case: Everson v. Michigan Department of Corrections

2:00-cv-73133 | U.S. District Court for the Eastern District of Michigan

Filed Date: July 12, 2000

Closed Date: 2005

Clearinghouse coding complete

Case Summary

Allegations of sexual abuse and mistreatment of female prisoners have been frequently made against the Michigan Department of Corrections (MDOC), especially during the 1990s. The MDOC faced harsh public criticism and two high-profile lawsuits involving sexual misconduct claims of female inmates in that period: Nunn v. Michigan Department of Corrections by a group of female inmates in 1996, and United States v. Michigan (the USA Lawsuit) by the Civil Rights Division of the United States Depar…

Allegations of sexual abuse and mistreatment of female prisoners have been frequently made against the Michigan Department of Corrections (MDOC), especially during the 1990s. The MDOC faced harsh public criticism and two high-profile lawsuits involving sexual misconduct claims of female inmates in that period: Nunn v. Michigan Department of Corrections by a group of female inmates in 1996, and United States v. Michigan (the USA Lawsuit) by the Civil Rights Division of the United States Department of Justice in 1997, linked below (Clearinghouse codes: PC-MI-0017 and PC-MI-0009). In response, the MDOC barred male employees from working in certain positions at its female correctional facilities, and made a number of the Correctional Officer (CO) and Residential Unit Officer (RUO) positions in housing, segregation, and intake units at those facilities open to female only.

On July 12, 2000, several corrections officers, both males and females, from three female correctional facilities filed a lawsuit against the MDOC and its director, in both his official and individual capacities, in the U.S. District Court for the Eastern District of Michigan. They brought this class action under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e-2(a)(1), 42 U.S.C. § 1983, and state laws, on behalf of themselves and all similarly situated corrections officers and related employees employed by the MDOC who had been or would be adversely affected by the gender-based assignments at the state female correctional facilities.

The plaintiffs, represented by private counsel, alleged that the gender-specific assignments constituted sex discrimination, in violation of their rights under Title VII, the Equal Protection Clause, and state laws. They sought declaratory, injunctive and monetary relief. The plaintiffs amended their complaint on September 27, 2000.

On September 28, 2000, the District Court (Judge Avern Cohn) issued a temporary restraining order, which prevented the MDOC and the director from making gender-specific assignments to allow only female staff to hold the CO and RUO positions in housing, segregation, and intake units at the three facilities where the named plaintiffs worked. The specific order is not available, but it is fully outlined in the defendants' February 25, 2002 Second Motion for Clarification or Modification of Temporary Restraining Order and the order the Court issued in response on March 11, 2002.

On October 13, 2000, the Court granted a motion for intervention filed by a group of female inmates, composed of the certified class from the Nunn Lawsuit and the certified class in Neal v. Michigan Department of Corrections, linked below (Clearinghouse codes: PC-MI-0021). The Neal lawsuit is another class action by female inmates against the MDOC for sexual misconduct by male staff. These two classes of female inmates joined this action as intervenor-defendants.

The case went to a bench trial from February 13, 2001 to March 7, 2001. On July 11, 2002, the Court entered a decision and a declaratory judgment in the plaintiffs' favor. Everson v. Michigan Dep't of Corr., 222 F. Supp. 2d 864 (E.D. Mich. 2002). The Court declared that the implementation of the gender-based assignments violated Title VII and state laws. Judge Cohn reasoned that the policy would have an adverse employment effect on the plaintiffs and that gender was not a bona fide occupational qualification in this case.

On August 8, 2002, the Court entered a final judgment, turning the temporary restraining order to a permanent injunction. Judge Cohn noted that the banning of the gender-based assignments, which designated certain positions to female staff only, did not prohibit the MDOC from making gender-specific task assignments. He further dismissed the plaintiffs' equal protection claim filed against the director with prejudice.

The female inmates and the MDOC appealed the decision to the 6th Circuit. On December 3, 2004, the 6th Circuit Court of Appeals reversed the lower court's decision on both the Title VII and state law claims, in an opinion by Judge John M. Rogers, and remanded to dismiss the lawsuit. Everson v. Michigan Dep't of Corr., 391 F.3d 737 (6th Cir. 2004). The Court found that gender was a bona fide occupational qualification for the positions at issues in this case.

The opinion began with a detailed history of the sexual misconduct problem at the MDOC's female correctional facilities and the MDOC's subsequent efforts to cure the defect before its implementation of the gender-specific assignment policy. The Court agreed that the MDOC's policy change in question would significantly promote its safety interests at the female facilities and noted that the District Court failed to accord due deference to the decision of a state political actor, the MDOC, in lawsuits brought by individuals challenging that decision in federal courts rather than through the political process.

After a rehearing and a petition for a writ of certiorari were denied, the case ended.

Summary Authors

Emma Bao (8/8/2013)

Related Cases

Nunn v. Michigan Department of Corrections, Eastern District of Michigan (1996)

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

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

People


Judge(s)

Cohn, Avern Levin (Michigan)

Gilman, Ronald Lee (Tennessee)

Norris, Alan Eugene (Ohio)

Rogers, Douglas L. (Ohio)

Attorneys(s) for Plaintiff

Nowikowski, Eileen (Michigan)

Runyan, John R. Jr. (Michigan)

Widick, Marshall J. (Michigan)

Attorneys(s) for Defendant

Granholm, Jennifer M. (Michigan)

Matus, Mark W. (Michigan)

Reno, Molly H. (Michigan)

Judge(s)

Cohn, Avern Levin (Michigan)

Gilman, Ronald Lee (Tennessee)

Norris, Alan Eugene (Ohio)

Rogers, Douglas L. (Ohio)

Attorneys(s) for Plaintiff

Nowikowski, Eileen (Michigan)

Runyan, John R. Jr. (Michigan)

Widick, Marshall J. (Michigan)

Attorneys(s) for Defendant

Granholm, Jennifer M. (Michigan)

Matus, Mark W. (Michigan)

Reno, Molly H. (Michigan)

Shamraj, Marie (Michigan)

Soble, Richard (Michigan)

Streeter, Patricia A. (Michigan)

Other Attorney(s)

Labelle, Deborah A. (Michigan)

Moss, Kary L. (Michigan)

Steinberg, Michael J. (Michigan)

Documents in the Clearinghouse

Document

2:00-cv-73133

Docket (PACER)

Nov. 4, 2005

Nov. 4, 2005

Docket
1

2:00-cv-73133

Complaint and Jury Demand

July 12, 2000

July 12, 2000

Complaint
29

2:00-cv-73133

First Amended Complaint and Jury Demand

Sept. 27, 2000

Sept. 27, 2000

Complaint
126

2:00-cv-73133

Defendants' Second Motion for Clarification or Modification of Temporary Restraining Order

Feb. 25, 2002

Feb. 25, 2002

Pleading / Motion / Brief
129

2:00-cv-73133

Memorandum Regarding Temporary Restraining Order

March 11, 2002

March 11, 2002

Order/Opinion
133

2:00-cv-73133

Decision

July 11, 2002

July 11, 2002

Order/Opinion
134

2:00-cv-73133

Declaratory Judgment

July 11, 2002

July 11, 2002

Order/Opinion
140

2:00-cv-73133

Final Judgment Granting Permanent Injunction and Dismissing Plaintiffs' Claim Under 42 USC s 1983

Aug. 8, 2002

Aug. 8, 2002

Order/Opinion

02-02028

02-02033

02-02084

Opinion

U. S. Court of Appeals for the Sixth Circuit

Dec. 3, 2004

Dec. 3, 2004

Order/Opinion

Docket

Last updated Aug. 29, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with jury demand - Receipt # 402127 - Date Fee Received: 7/12/00 (cm) (Entered: 07/13/2000)

July 12, 2000

July 12, 2000

Clearinghouse
2

DEMAND by plaintiffs for jury trial (lg) (Entered: 07/17/2000)

July 14, 2000

July 14, 2000

3

NOTICE by the court of setting civil status conference for 2:00 8/29/00 with proof of mailing (nh) (Entered: 08/04/2000)

Aug. 3, 2000

Aug. 3, 2000

4

AFFIRMATIVE defenses by defendants (lg) (Entered: 08/15/2000)

Aug. 3, 2000

Aug. 3, 2000

4

ANSWER by defendants to complaint [1-1] with proof of mailing (lg) (Entered: 08/15/2000)

Aug. 3, 2000

Aug. 3, 2000

5

AMENDED answer by defendant to complaint [1-1] with proof of mailing (nh) (Entered: 08/17/2000)

Aug. 16, 2000

Aug. 16, 2000

5

AMENDED affirmative defenses by defendants (nh) (Entered: 08/17/2000)

Aug. 16, 2000

Aug. 16, 2000

6

AFFIRMATIVE defenses by Linda Nunn and Tracy Neal (kg) (Entered: 09/11/2000)

Sept. 5, 2000

Sept. 5, 2000

6

MOTION by Linda Nunn and Tracy Neal to intervene with brief, attachments and proof of mailing (kg) (Entered: 09/11/2000)

Sept. 5, 2000

Sept. 5, 2000

6

ANSWER by intervening defendants Linda Nunn and Tracy Neal to complaint [1-1] with attachments and proof of mailing (kg) (Entered: 09/11/2000)

Sept. 5, 2000

Sept. 5, 2000

7

MOTION by defendants MI Dept Corr and Bill Martin for partial summary judgment with brief, affidavit and proof of mailing (kg) (Entered: 09/11/2000)

Sept. 11, 2000

Sept. 11, 2000

8

MOTION by Roslyn Everson, Randy Fox, Stennis George, and Brenda L. Sebastian for preliminary injunction with affidavits of Roslyn Everson, Stennis George, Lori Sahl, Sean S. Porter, Kenneth W. Heard, Samuel Taylor, Richard Idemudia, Diana L. Staib and Art Morrison in support of motion with brief, exhibits and proof of mailing. (cf) (Entered: 09/25/2000)

Sept. 20, 2000

Sept. 20, 2000

9

NOTICE by Roslyn Everson, Randy Fox, Stennis George, and Brenda L. Sebastian setting hearing on motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] for 10:00 9/22/00 before Judge Cohn. (cf) (Entered: 09/25/2000)

Sept. 20, 2000

Sept. 20, 2000

10

ADDENDUM by Roslyn Everson, Randy Fox, Stennis George, and Brenda L. Sebastian to brief in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] with exhibits. (cf) (Entered: 09/25/2000)

Sept. 21, 2000

Sept. 21, 2000

11

AFFIDAVIT of John Runyan in support of plaintiffs' motion for preliminary injunction (document #8) with exhibits. (cf) (Entered: 09/25/2000)

Sept. 21, 2000

Sept. 21, 2000

12

PROOF of service of addendum to brief in support of motion for preliminary injunction, etc. via overnight mail and fax. (cf) (Entered: 09/25/2000)

Sept. 21, 2000

Sept. 21, 2000

13

RESPONSE brief by Roslyn Everson, Randy Fox, Stennis George, and Brenda L. Sebastian in opposition to motion to intervene [6-1] with attachments and proof of mailing. (cf) (Entered: 09/25/2000)

Sept. 21, 2000

Sept. 21, 2000

14

PROOF of mailing by plaintiffs of motion for preliminary injunction (LS) (Entered: 09/25/2000)

Sept. 21, 2000

Sept. 21, 2000

15

AFFIDAVIT of Cynthia A. Manning in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

16

AFFIDAVIT of Art Morrison in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

17

AFFIDAVIT of Wesley Yates in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

18

AFFIDAVIT of Brenda Webb in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

19

AFFIDAVIT of Ray Walworth in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

20

AFFIDAVIT of Phillip A. Dirschell in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

21

AFFIDAVIT of Stanley G. Johnston in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

Sept. 22, 2000

Sept. 22, 2000

MOTION hearing held on motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] - disposition: GRANTED - Judge Avern Cohn - Court Reporter: Sheri Ward (jc) (Entered: 10/05/2000)

Sept. 22, 2000

Sept. 22, 2000

23

RESPONSE by defendants MI Dept Corr and Bill Martin to motion for preliminary injunction by plaintiffs [8-1] with proof of mailing (kg) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

24

PROOF of mailing by plaintiffs of sugned affidavits in support of motion for preliminary injunction (kg) (Entered: 09/26/2000)

Sept. 25, 2000

Sept. 25, 2000

25

RESPONSE by plaintiffs in opposition to motion for partial summary judgment by Bill Martin, MI Dept Corr [7-1] with proof of mailing (cm) (Entered: 09/27/2000)

Sept. 26, 2000

Sept. 26, 2000

26

LETTER by plaintiffs regarding addendum and affidavit omitted from brief in support of motion for preliminary injunction with proof of mailing (cm) (Entered: 09/27/2000)

Sept. 26, 2000

Sept. 26, 2000

27

PROOF of mailing by plaintiffs of letter addressed to the Clerk of the Court, dated 9/26/00 (cm) (Entered: 09/27/2000)

Sept. 26, 2000

Sept. 26, 2000

28

ORDER by Judge Avern Cohn granting leave to file first amended complaint adding Richard Idemudia as plaintiff. [EOD Date 9/28/00] (cf) (Entered: 09/28/2000)

Sept. 27, 2000

Sept. 27, 2000

29

AMENDED complaint (first) by Roslyn Everson, Randy Fox, Stennis George, and Brenda L. Sebastian adding Richard Idemudia as a plaintiff with jury demand. (cf) (Entered: 09/28/2000)

Sept. 27, 2000

Sept. 27, 2000

Clearinghouse
30

AFFIRMATIVE defenses by MI Dept Corr and Bill Martin. (cf) (Entered: 09/28/2000)

Sept. 27, 2000

Sept. 27, 2000

30

ANSWER by MI Dept Corr and Bill Martin to first amended complaint by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [29-1] with proof of mailing. (cf) (Entered: 09/28/2000)

Sept. 27, 2000

Sept. 27, 2000

31

PROOF of mailing first amended complaint and jury demand. (cf) (Entered: 09/28/2000)

Sept. 28, 2000

Sept. 28, 2000

32

PROOF of mailing of first set of interrogatories. (cf) (Entered: 09/28/2000)

Sept. 28, 2000

Sept. 28, 2000

33

ORDER by Judge Avern Cohn, for temporary restraining order , and setting civil jury trial for 9:00 12/4/00 [EOD Date 9/29/00] (cm) (Entered: 09/29/2000)

Sept. 28, 2000

Sept. 28, 2000

34

PROOF of mailing of plaintiffs' first request for production of documents (lg) (Entered: 10/04/2000)

Sept. 29, 2000

Sept. 29, 2000

36

AFFIDAVIT of James McComb in support of plaintiff's motion for preliminary injunction (lg) (Entered: 10/10/2000)

Oct. 4, 2000

Oct. 4, 2000

37

AFFIDAVIT of Aleta Kibit in support of plaintiffs' motion for preliminary injunction (lg) (Entered: 10/10/2000)

Oct. 4, 2000

Oct. 4, 2000

38

AFFIDAVIT of Anthony Fisher in support of plaintiffs' motion for preliminary injunction (lg) (Entered: 10/10/2000)

Oct. 4, 2000

Oct. 4, 2000

39

AFFIDAVIT of Bethany Beauchine in support of plaintiffs' motion for prelimnary injunction (lg) (Entered: 10/10/2000)

Oct. 4, 2000

Oct. 4, 2000

40

AFFIDAVIT of Frank Plodzik in support of plaintiffs' motion for preliminary injunction (lg) (Entered: 10/10/2000)

Oct. 4, 2000

Oct. 4, 2000

41

PROOF of mailing of pleading #'s 36-40 (lg) (Entered: 10/10/2000)

Oct. 4, 2000

Oct. 4, 2000

42

MOTION by plaintiffs for order to show cause and for judgment of contempt with brief and attachments 1-3 (LS) (Entered: 10/12/2000)

Oct. 6, 2000

Oct. 6, 2000

43

AFFIDAVIT of Frank Plodzik with attachments A-C (LS) (Entered: 10/12/2000)

Oct. 6, 2000

Oct. 6, 2000

44

MOTION by defendants for clarification or modification of temporary restraining order with brief and proof of mailing (LS) (Entered: 10/12/2000)

Oct. 6, 2000

Oct. 6, 2000

45

ORDER by Judge Avern Cohn, for defendants to show cause on 2:00 10/11/00 and setting deadline for response to motion for order to show cause [42-1] and for judgment of contempt by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [42-2] for 10/10/00 at 1:00 pm Date 10/12/00] (LS) (Entered: 10/12/2000)

Oct. 6, 2000

Oct. 6, 2000

46

ORDER by Judge Avern Cohn that the court will not address the issue of qualified immunity at this time, the claim against Martin in his individual capacity will be bifurcated from the case and staying motion for partial summary judgment by Bill Martin [7-1] [EOD Date 10/12/00] (LS) (Entered: 10/12/2000)

Oct. 6, 2000

Oct. 6, 2000

47

RESPONSE in opposition by plaintiffs to motion for clarification or modification of temporary restraining order by Bill Martin, MI Dept Corr [44-1] (LS) (Entered: 10/13/2000)

Oct. 10, 2000

Oct. 10, 2000

51

PROOF of mailing by plaintiffs of brief in opposition to motion for clarification or modification of temporary restraining order (LS) (Entered: 10/17/2000)

Oct. 10, 2000

Oct. 10, 2000

52

PROOF of mailing by defendants of order compelling plaintiff to serve complete and non-evasive response to defendants first set of discovery (LS) (Entered: 10/17/2000)

Oct. 10, 2000

Oct. 10, 2000

48

RESPONSE in opposition by defendants to motion for order to show cause [42-1], and for judgment of contempt by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [42-2] with brief, attachments 1 and 2 and proof of mailing (LS) (Entered: 10/16/2000)

Oct. 11, 2000

Oct. 11, 2000

49

AFFIDAVIT of Fred Parks (LS) (Entered: 10/16/2000)

Oct. 11, 2000

Oct. 11, 2000

50

PROOF of mailing of the order to show cause and for judgment of contempt with exhibits (LS) (Entered: 10/16/2000)

Oct. 11, 2000

Oct. 11, 2000

MOTION hearing held on motion for order to show cause by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [42-1] - disposition: t.u.a. - Judge Avern Cohn - Court Reporter: Carol Sapala (jc) (Entered: 10/12/2000)

Oct. 11, 2000

Oct. 11, 2000

56

MEMORANDUM and order by Judge Avern Cohn granting motion to intervene [6-1] by Linda Nunn and Tracy Neal [EOD Date 10/25/00] (LS) (Entered: 10/25/2000)

Oct. 13, 2000

Oct. 13, 2000

57

ERRATA by Judge Avern Cohn that the date of hearing on the temporary restraining order and scheduling filed 9/28/00, changing the hearing date form 9/2/00 to 9/22/00. (LS) (Entered: 10/25/2000)

Oct. 13, 2000

Oct. 13, 2000

53

AFFIDAVIT of Rebecca Thomas in support of plaintiffs motion for preliminary injunction [8-1] (LS) (Entered: 10/19/2000)

Oct. 16, 2000

Oct. 16, 2000

54

MOTION by plaintiffs for order compelling discovery with brief and proof of mailing (LS) Modified on 10/04/2001 (Entered: 10/20/2000)

Oct. 17, 2000

Oct. 17, 2000

55

ORDER by Judge Avern Cohn granting motion for clarification or modification of temporary restraining by Bill Martin, MI Dept Corr [44- 1], denying motion for judgment of contempt by Brenda L. Sebastian, Stennis Randy Fox, Roslyn Everson [42-2] [EOD Date 10/23/00] (lg) (Entered: 10/23/2000)

Oct. 18, 2000

Oct. 18, 2000

58

ORIGINAL affidavit of Sally Langley which was provided as attachment 2 of the brief in support of defendant's opposition to motion for judgment of contempt by Bill Martin, MI Dept Corr [48-1] with proof of mailing (lh) (Entered: 10/26/2000)

Oct. 20, 2000

Oct. 20, 2000

62

AFFIRMATIVE defenses by intervenor-defendants Linda Nunn and Tracy Neal (cm) (Entered: 10/30/2000)

Oct. 24, 2000

Oct. 24, 2000

62

ANSWER by intervenor-defendants Linda Nunn and Tracy Neal to first amended complaint by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [29-1] (cm) (Entered: 10/30/2000)

Oct. 24, 2000

Oct. 24, 2000

59

PROOF of mailing of affidavit of Rebecca Thomas in support of plaintiffs' motion for preliminary injunction (lg) (Entered: 10/27/2000)

Oct. 25, 2000

Oct. 25, 2000

60

PROOF of mailing of plaintiff's motion for an order compelling discovery (lg) (Entered: 10/27/2000)

Oct. 25, 2000

Oct. 25, 2000

61

PROOF of mailing of plaintiffs' second request for production of docuemtns to defendant etc. . . (lg) (Entered: 10/27/2000)

Oct. 25, 2000

Oct. 25, 2000

64

MOTION by plaintiff for class determination with brief, notice of hearing and proof of mailing (dp) Modified on 10/04/2001 (Entered: 11/06/2000)

Nov. 1, 2000

Nov. 1, 2000

65

MOTION by plaintiffs for order compelling discovery on plaintiff's second set of interrogatories and first request for production of documents with brief and attachments A-B (cm) Modified on 10/04/2001 (Entered: 11/20/2000)

Nov. 13, 2000

Nov. 13, 2000

66

MOTION by plaintiffs to adjourn trial date with brief (cm) Modified on 10/04/2001 (Entered: 11/20/2000)

Nov. 13, 2000

Nov. 13, 2000

67

PROOF of mailing by plaintiffs of motions for an order to compel and to adjourn trial date (cm) (Entered: 11/20/2000)

Nov. 13, 2000

Nov. 13, 2000

68

RESPONSE by defendants in opposition to motion for class determination by Richard Idemudia, Brenda L. Sebastian, Stennis George, Fox, Roslyn Everson [64-1] with brief and proof of mailing (cm) (Entered: 11/27/2000)

Nov. 16, 2000

Nov. 16, 2000

69

MOTION by plaintiffs for order compelling discovery from intervening defendants with attachments A-B and brief (cm) Modified on 10/04/2001 (Entered: 11/28/2000)

Nov. 17, 2000

Nov. 17, 2000

70

PROOF of mailing by plaintiffs of motion for an order compelling discovery (cm) (Entered: 11/30/2000)

Nov. 21, 2000

Nov. 21, 2000

71

NOTICE by the court of rescheduled civil non-jury trial for 9:00 2/12/01 (cm) (Entered: 11/30/2000)

Nov. 22, 2000

Nov. 22, 2000

72

RESPONSE by intervenor-defendants Linda Nunn and Tracy Neal to motion for order compelling discovery from intervening defendants by Richard Idemudia, Brenda L. Sebastian, Stennis George, Randy Fox and Roslyn Everson [69-1] with brief, exhibits 1-2 and proof of mailing (dp) (Entered: 12/08/2000)

Dec. 4, 2000

Dec. 4, 2000

73

PROOF of mailing by intervenor-defendants Linda Nunn and Tracy Neal of supplemental answers to plaintiff's first set of interrogatories and request for production of documents (dp) (Entered: 12/08/2000)

Dec. 4, 2000

Dec. 4, 2000

74

PROOF of mailing by intervenor-defendants Linda Nunn and Tracy Neal of first set of interrogatories and requests to produce (dp) (Entered: 12/08/2000)

Dec. 4, 2000

Dec. 4, 2000

75

PROOF of mailing by plaintiffs of third interrogatories and third request for production of documents to defendants, second set of interrogatories and second request for production of documents to intervening defendants and supplemental answers to brief to defendants' first set of interrogatories and request for production of documents (dp) (Entered: 12/08/2000)

Dec. 5, 2000

Dec. 5, 2000

76

ORDER by Judge Avern Cohn the issue of damages is bifurcated and discovery relating to it is stayed; jury demand is waived on the issue of liability only [EOD Date 12/14/00] (cm) (Entered: 12/14/2000)

Dec. 7, 2000

Dec. 7, 2000

80

PROOF of mailing answers to discovery (kg) (Entered: 01/29/2001)

Jan. 4, 2001

Jan. 4, 2001

81

PROOF of mailing of amended notices of taking deposition (kg) (Entered: 01/29/2001)

Jan. 5, 2001

Jan. 5, 2001

82

PROOF of mailing of notices of taking deposition (kg) (Entered: 01/29/2001)

Jan. 11, 2001

Jan. 11, 2001

77

MOTION by plaintiffs' for order directing state defendants to proceed first at trial with brief and notice of hearing (date and time not included). (cf) (Entered: 01/16/2001)

Jan. 12, 2001

Jan. 12, 2001

78

PROOF of mailing of motion for order directing state defendants to proceed first at trial, etc.. (cf) (Entered: 01/18/2001)

Jan. 18, 2001

Jan. 18, 2001

79

PROOF of mailing of notice of depositions (kg) (Entered: 01/25/2001)

Jan. 24, 2001

Jan. 24, 2001

83

RESPONSE by Bill Martin, MI Dept Corr to motion for order directing state defendants to proceed first at trial by plaintiffs [77-1] with brief and proof of mailing (kg) (Entered: 01/30/2001)

Jan. 29, 2001

Jan. 29, 2001

84

RESPONSE by Tracy Neal and Linda Nunn to motion for order directing state defendants to proceed first at trial by Roslyn Everson, Randy Fox, Stennis George, Brenda L. Sebastian, Richard Idemudia [77-1] with proof of mailing (kg) (Entered: 01/31/2001)

Jan. 29, 2001

Jan. 29, 2001

85

CORRECTED page 15 to intervening defendant's response in opposition to motion for order (kg) (Entered: 01/31/2001)

Jan. 31, 2001

Jan. 31, 2001

86

ORDER by Judge Avern Cohn denying motion for order directing state defendants to proceed first at trial by Roslyn Everson, Randy Fox, Stennis George, Brenda L. Sebastian, Richard Idemudia [77-1]. [EOD Date 2/2/01] (cf) (Entered: 02/02/2001)

Feb. 1, 2001

Feb. 1, 2001

87

REPLY brief in support by Roslyn Everson to response to motion for order directing state defendants to proceed first at trial by Roslyn Everson, Randy Fox, Stennis George, Brenda L. Sebastian, Richard Idemudia [77-1] with exhibits and proof of mailing (lg) (Entered: 02/06/2001)

Feb. 5, 2001

Feb. 5, 2001

88

ORDER by Judge Avern Cohn with stipulation, for entry of order [EOD Date: 2/7/01] (lg) (Entered: 02/07/2001)

Feb. 6, 2001

Feb. 6, 2001

89

WITNESS list by Tracy Neal and Linda Nunn, with submission of cases and exhibits and proof of mailing (kg) (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

90

MOTION by defendants Bill Martin and MI Dept Corr to dismiss for failure to state a claim upon which relief may be granted with brief and proof of mailing (kg) Modified on 10/04/2001 (Entered: 02/08/2001)

Feb. 7, 2001

Feb. 7, 2001

91

MEMORANDUM (brief) by plaintiffs in opposition to motion to dismiss for failure to state a claim upon which relief may be granted by MI Dept Corr, Bill Martin [90-1] (lg) (Entered: 02/09/2001)

Feb. 8, 2001

Feb. 8, 2001

93

PROOF of mailing of exhibits and plaintiffs' responses to Court's scheduling order of 9/28/00 (lg) (Entered: 02/09/2001)

Feb. 8, 2001

Feb. 8, 2001

94

MOTION and brief by plaintiffs Brenda L. Sebastian, Stennis George, Randy Fox and Roslyn Everson in limine t exclude psychological reports with exhibits and proof of mailing (kg) Modified on 10/04/2001 (Entered: 02/12/2001)

Feb. 9, 2001

Feb. 9, 2001

95

PROOF of mailing of notice of taking depositions (kg) (Entered: 02/12/2001)

Feb. 9, 2001

Feb. 9, 2001

96

PROOF of mailing of notice of taking depositions (kg) (Entered: 02/12/2001)

Feb. 9, 2001

Feb. 9, 2001

Case Details

State / Territory: Michigan

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 12, 2000

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several corrections officers from female correctional facilities, both males and females, subjected to a gender-based working assignment implemented by the state Department of Corrections, which designated certain positions for female staff only.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

State of Michigan, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title VII (including PDA), 42 U.S.C. § 2000e

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2000 - 2004

Content of Injunction:

Discrimination Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Male