Case: Doe v. Anderson

2:15-cv-13852 | U.S. District Court for the Eastern District of Michigan

Filed Date: Nov. 2, 2015

Closed Date: July 11, 2018

Clearinghouse coding complete

Case Summary

The plaintiffs in this class action are 12 inmates in the Michigan Department of Corrections who were incarcerated in adult jails and prisons when they were younger than 18. Each of the plaintiffs participated in litigation against the MDOC in cases in Washtenaw Circuit Court, Case No. 13-1196-CZ and in Federal Court in the Eastern District of Michigan, Case No. 13-14356. These cases can be found in the Clearinghouse--they are Does v. Michigan Department of Corrections (state) and Does v. Michi…

The plaintiffs in this class action are 12 inmates in the Michigan Department of Corrections who were incarcerated in adult jails and prisons when they were younger than 18. Each of the plaintiffs participated in litigation against the MDOC in cases in Washtenaw Circuit Court, Case No. 13-1196-CZ and in Federal Court in the Eastern District of Michigan, Case No. 13-14356. These cases can be found in the Clearinghouse--they are Does v. Michigan Department of Corrections (state) and Does v. Michigan Department of Corrections (federal). In those cases, they alleged that the policy and practice of placing juveniles in adult prisons without taking adequate steps to protect them from known harm constituted deliberate indifference to their safety in violation of rights guaranteed by the Fourth Amendment, Eighth Amendment, Fourteenth Amendment, and various international treaties. The cases settled (on February 28, 2020) for $80 million and injunctive relief.

In this case, filed in the U.S. District Court for the Eastern District of Michigan on Nov. 2, 2015, the complaint alleged that because the plaintiffs participated in the initial two cases they were subjected to retaliation from prison staff and administration, in violation of the First Amendment of the U.S. Constitution. The plaintiffs are represented by the same group of private counsel who are litigating the other cases; it has been assigned to Judge Arthur J. Tarnow.

The allegations in more detail are that, after filing the earlier two lawsuits against the MDOC, each of the plaintiffs here faced repercussions for engaging in protected activity at the hands of prison staff and administration. This retaliatory action included verbal harassment, disclosure of their identities despite a court order not to disclose the plaintiffs' identities, and verbal threats. The plaintiffs also alleged that the defendants target them with ongoing unwarranted disciplinary action including solitary confinement and harsher terms of confinement. The complaint alleged that defendants also refused to allow plaintiffs confidential communication with their attorneys, read confidential legal material aloud in front of staff and inmates, and impermissibly questioned the plaintiffs about their case.

The plaintiffs were seeking damages and injunctive relief, as well as a court order for the MDOC to revise its policy and procedure for reporting and reviewing staff misconduct. The court made several decisions in plaintiffs' favor: first, on Mar 4, 2016, it declined to sever (2016 WL 852808); then, on Jun 13, 2016, it denied defendants' motion for protective order to stay discovery (2016 WL 3230679), then, on Mar 31, 2017 it denied summary judgment (2017 WL 1209102); then, on Oct 18, 2017 it granted in part the plaintiffs' motion for reconsideration (2017 WL 4682291); then, on Nov 1, 2017, it granted several of the plaintiffs' motions to compel (2017 WL 4941467); and finally, on Nov 3, 2017, it denied defendants' motion for reconsideration (2017 WL 5080516).

While defendants' second motion for summary judgment was pending, the parties reached a private settlement agreement, on June 15, 2018. Under the agreement, plaintiffs dismissed their case. Defendants paid $350,000, and agreed to review all prior disciplinary charges to ensure none were retaliatory.

Summary Authors

Alex Moody (2/17/2020)

Related Cases

Does v. Michigan Department of Corrections, Eastern District of Michigan (2013)

Does v. Michigan Department of Corrections, Michigan state trial court (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5448931/parties/doe-v-anderson/


Judge(s)
Attorney for Plaintiff

Addis, Anlyn (Michigan)

Chaney, Nakisha N. (Michigan)

Attorney for Defendant

Dean, Michael R. (Michigan)

Donnelly, Mark E. (Michigan)

Fracassi, Adam L.S. (Michigan)

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Documents in the Clearinghouse

Document

2:15-cv-13852

Docket [PACER]

June 13, 2019

June 13, 2019

Docket
26

2:15-cv-13852

Order Denying Defendants' Motion to Sever, to Change Venue, and to Reassign Case

March 4, 2012

March 4, 2012

Order/Opinion

2016 WL 2016

1

2:15-cv-13852

Complaint

Nov. 2, 2015

Nov. 2, 2015

Complaint
54

2:15-cv-13852

Order Denying Defendants' Corrected Motion for Protective Order to Stay Discovery; Denying as Moot Defendants' Motion for Protective Order

June 13, 2016

June 13, 2016

Order/Opinion

2016 WL 2016

84

2:15-cv-13852

Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment

March 31, 2017

March 31, 2017

Order/Opinion

2017 WL 2017

130

2:15-cv-13852

Corrected Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment

Oct. 18, 2017

Oct. 18, 2017

Order/Opinion

2017 WL 2017

134

2:15-cv-13852

Opinion and Order

Nov. 1, 2017

Nov. 1, 2017

Order/Opinion

2017 WL 2017

136

2:15-cv-13852

Order Denying Defendants' Motion for Reconsideration/Rehearing and/or to Alter or Amend Judgment

Nov. 3, 2017

Nov. 3, 2017

Order/Opinion

2017 WL 2017

141

2:15-cv-13852

Third Amended Complaint

Jan. 3, 2018

Jan. 3, 2018

Complaint

2:15-cv-13852

Settlement Agreement and Release

June 20, 2018

June 20, 2018

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5448931/doe-v-anderson/

Last updated Jan. 24, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
26

ORDER denying 16 Motion to Sever, to Change Venue, and to Reassign Case. Signed by District Judge Arthur J. Tarnow. (MLan)

March 4, 2016

March 4, 2016

Clearinghouse
54

ORDER denying as moot 45 Motion for Protective Order; denying 47 Motion for Protective Order. Signed by District Judge Arthur J. Tarnow. (MLan)

June 13, 2016

June 13, 2016

Clearinghouse
84

ORDER granting in part and denying in part 29 Motion for Summary Judgment. Signed by District Judge Arthur J. Tarnow. (CPic)

March 31, 2017

March 31, 2017

Clearinghouse
126

ORDER granting in part and denying in part 71 Motion to Enforce Stipulation to Modify Deposition Procedure and denying 72 Motion to Modify Stipulated Protective Order - Signed by Magistrate Judge Mona K. Majzoub. (LBar)

Sept. 20, 2017

Sept. 20, 2017

RECAP
130

ORDER granting 100 MOTION to Correct 84 Order on 29 Motion for Summary Judgment filed by defendants. Signed by District Judge Arthur J. Tarnow. (MLan)

Oct. 18, 2017

Oct. 18, 2017

Clearinghouse
131

ORDER granting 91 Motion for Reconsideration. Signed by District Judge Arthur J. Tarnow. (MLan)

Oct. 18, 2017

Oct. 18, 2017

RECAP
134

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL 82 , GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL 88 , GRANTING DEFENDANTS' MOTION TO COMPEL 101 , GRANTING PLAINTIFFS' MOTION TO COMPEL 102 , AND DENYING PLAINTIFFS' MOTION TO ENFORCE SUBPOENA 103 - Signed by Magistrate Judge Mona K. Majzoub. (LHos)

Nov. 1, 2017

Nov. 1, 2017

Clearinghouse
136

ORDER denying 135 Motion for Reconsideration. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

Clearinghouse
137

MOTION to Seal 135 MOTION for Reconsideration re 131 Order on Motion for Reconsideration or Rehearing and/or to Alter or Amend Judgment Exhibit 2 by Dustin Anderson, Scott Arp, Noah Beesley, Adam Coburn, Conklin, Deschaine, Jason Erway, Charles Gollnast, Michael Hall, Hammer, Francis Heyrman, Tami Hoogewind, Erik Jacobson, Edward Juranek, Joseph Martens, Kenneth McKee, McLeod, Michigan Department of Corrections, Cody Pennell, Aimee Rogers, Ross, Scott Schooley, Sherwood, Ronald Stambaugh, Gary Stump, Gretchen Walters, Matthew Ward, Heidi Washington. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Email Request, # 3 Exhibit Attachment 1 - Redacted Transcript Excerpt, # 4 Exhibit 2 - Proposed Order) (Donnelly, Mark) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
138

ORDER granting 137 Motion to Seal Exhibit 2 re 135 Motion for Reconsideration. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
139

MOTION to Dismiss Francis Heyrman and Amend Complaint to Add Duane Heyrman as Defendant by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Chaney, Nakisha) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
140

ORDER granting 139 MOTION to Dismiss Francis Heyrman and Amend Complaint to Add Duane Heyrman as Defendant filed by Plaintiffs. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 12/20/2017)

Dec. 20, 2017

Dec. 20, 2017

PACER

Request for Additional Summons

Jan. 3, 2018

Jan. 3, 2018

PACER
141

AMENDED COMPLAINT with Jury Demand (THIRD) filed by All Plaintiffs against Dustin Anderson, Scott Arp, Noah Beesley, Adam Coburn, Conklin, Deschaine, Jason Erway, Charles Gollnast, Michael Hall, Hammer, Tami Hoogewind, Erik Jacobson, Edward Juranek, Joseph Martens, Kenneth McKee, McLeod, Michigan Department of Corrections, Cody Pennell, Aimee Rogers, Ross, Scott Schooley, Sherwood, Ronald Stambaugh, Gary Stump, Gretchen Walters, Matthew Ward, Heidi Washington, Duane Heyrman. NEW PARTIES ADDED. (Chaney, Nakisha) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

Clearinghouse

REQUEST for SUMMONS for Duane Heyrman. (Chaney, Nakisha)

Jan. 3, 2018

Jan. 3, 2018

PACER
142

SUMMONS Issued for *Duane Heyrman* (DWor) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
143

Plaintiffs' Second Supplemental WITNESS LIST by John Doe (Attachments: # 1 Exhibit A - Dkt. 56 Plaintiffs' Witness List, # 2 Exhibit B - Dkt. 118 Plaintiffs' Supplemental Witness List) (Chaney, Nakisha) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
144

MOTION to Compel by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L) (Chaney, Nakisha) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
145

WAIVER OF SERVICE Returned Executed. Duane Heyrman waiver sent on 1/9/2018, answer due 3/12/2018. (Chaney, Nakisha) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
146

STIPULATION AND ORDER Extending Time for Response to 141 Amended Complaint. Response due by 3/9/2018. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

PACER
147

STIPULATION AND ORDER: Dispositive Motion Cut-off set for 2/9/2018. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
148

RESPONSE to 144 MOTION to Compel Oral Argument Requested filed by All Defendants. (Murphy, Michael) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
149

ORDER REFERRING MOTION to Magistrate Judge Mona K. Majzoub: 144 MOTION to Compel filed by John Doe. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
150

Notice of Determination of Motion Without Oral Argument re 144 MOTION to Compel (LHos) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
151

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/12/2018 01:30 PM before District Judge Arthur J. Tarnow. (MLan) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
152

Ex Parte MOTION for Leave to File Excess Pages for Brief in Support of Motion for Summary Judgment by All Defendants. (Donnelly, Mark) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
153

MOTION for Summary Judgment (Partial) by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - JD 1 Affidvit, # 3 Exhibit 2 - JD 1 Misconduct Ticket, # 4 Exhibit 3 - JD 1 Deposition Transcript Excerpts, # 5 Exhibit 4 - JD 2 Grievance RMI 1505-0978-19D, # 6 Exhibit 5 - Rogers (Burzynski) Deposition Transcript Excerpts, # 7 Exhibit 6 - JD 2 Deposition Transcript Excerpts, # 8 Exhibit 7- JD 4 Deposition Transcript Excerpts, # 9 Exhibit 8 - Gollnast Deposition Transcript Excerpts, # 10 Exhibit 9 - JD 5 Deposition Transcript Excerpts, # 11 Exhibit 10 - Ross Deposition Transcript Excerpts, # 12 Exhibit 11 - JD 5 Misconduct Ticket, # 13 Exhibit 12 - Anderson Deposition Transcript Excerpt, # 14 Exhibit 13 - JD 8 Grievance IBC 1511-3121-03B, # 15 Exhibit 14 - JD 8 Cell Usage Report, # 16 Exhibit 15 - JD 8 Deposition Transcript Excerpts, # 17 Exhibit 16 - JD 9 Deposition Transcript Excerpts, # 18 Exhibit 17 - Juranek Deposition Transcript Excerpts, # 19 Exhibit 18 - JD 10 Grievance JCF 1412-3044-17c, # 20 Exhibit 19 - JD 10 Grievance IBC 1504-1069-17c, # 21 Exhibit 20 - Hoogewind Deposition Transcript Excerpts, # 22 Exhibit 21 - McKee Deposition Transcript Excerpts, # 23 Exhibit 22 - Email Correspondence regarding sign, # 24 Exhibit 23 - JD 10 Deposition Transcript Excerpts, # 25 Exhibit 24 - Ward Depostion Transcript Excerpts, # 26 Exhibit 25 - MDOC PD 03.03.130, # 27 Exhibit 26 - MDOC PD 05.06.116) (Donnelly, Mark) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER

Minute Entry for proceedings before District Judge Arthur J. Tarnow: Telephonic Status Conference held on 2/12/2018. Counsel to report back within a week with proposed mediators. (CPic)

Feb. 12, 2018

Feb. 12, 2018

PACER

Status Conference

Feb. 12, 2018

Feb. 12, 2018

PACER
154

REPLY to Response re 144 MOTION to Compel filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H) (Chaney, Nakisha) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
155

STIPULATION AND ORDER Extending Time for Response to 153 Motion for Summary Judgment. Response due by 4/23/2018. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 02/21/2018)

Feb. 21, 2018

Feb. 21, 2018

PACER

Text-Only Notice of Hearing Cancelled

March 6, 2018

March 6, 2018

PACER
156

ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand by All Defendants. (Murphy, Michael) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER

TEXT-ONLY NOTICE: Final Pretrial Conference on 5/10/2018 is Cancelled. New date to be set following mediation and determination of dispositive motion(s),if necessary. (MLan)

March 6, 2018

March 6, 2018

PACER
157

STIPULATION AND ORDER Extending Time for Response to 153 Motion for Partial Summary Judgment. Response due by 5/21/2018. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
158

NOTICE by All Plaintiffs Notice of Settlement (Soble, Richard) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
159

NOTICE by All Plaintiffs Amended Notice of Settlement (Soble, Richard) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
160

STIPULATED ORDER DISMISSING CASE. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

Clearinghouse
161

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 12/12/2018 03:30 PM before District Judge Arthur J. Tarnow. Counsel to provide phone numbers to mike_lang@mied.uscourts.gov prior to the conference. (MLan) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER

Minute Entry for proceedings before District Judge Arthur J. Tarnow: Telephonic Status Conference held on 12/12/2018. (MLan)

Dec. 12, 2018

Dec. 12, 2018

PACER

Status Conference

Dec. 12, 2018

Dec. 12, 2018

PACER
162

CONSENT ORDER OF SUBSTITUTION: Attorney Kevin J. O'Dowd For Defendants. Attorney Margaret A. Nelson; Douglas G. Powe; Mark E. Donnelly and Adam L.S. Fracassi terminated. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
163

NOTICE of Appearance by Tracy E. Van den Bergh on behalf of Dustin Anderson, Scott Arp, Noah Beesley, Adam Coburn, Conklin, Deschaine, Jason Erway, Charles Gollnast, Duane Heyrman, Tami Hoogewind, Erik Jacobson, Edward Juranek, Joseph Martens, Kenneth McKee, Aimee Rogers, Ross, Scott Schooley, Ronald Stambaugh, Gretchen Walters, Matthew Ward, Heidi Washington. (Van den Bergh, Tracy) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
164

CONSENT ORDER of Attorney Substitution: Attorney Lisa M. Geminick added for Defendants. Attorneys Michael F. Murphy and Tracy E. Van den Bergh terminated. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 03/16/2020)

March 16, 2020

March 16, 2020

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 2, 2015

Closing Date: July 11, 2018

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

12 people incarcerated by the Michigan Department of Corrections who had been sentenced to adult facilities when they were younger than 18 and who had participated in class action lawsuits regarding treatment and protection of children in adult prisons in Michigan.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Department of Corrections (Lansing , Ingham), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Access to lawyers or judicial system

Disciplinary procedures

Juveniles

Jails, Prisons, Detention Centers, and Other Institutions:

Youth / Adult separation

Type of Facility:

Government-run