In 1971, prisoners in the Wayne County Jail filed a class action in the Wayne County Circuit Court under 42 U.S.C. § 1983 against the Wayne County Sheriff . The prisoners were represented by the Legal Services of Michigan, and alleged violations of their rights under Federal and State ...
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In 1971, prisoners in the Wayne County Jail filed a class action in the Wayne County Circuit Court under 42 U.S.C. § 1983 against the Wayne County Sheriff . The prisoners were represented by the Legal Services of Michigan, and alleged violations of their rights under Federal and State constitutions, as well as state law for inhumane and barbaric conditions. Specifically, the plaintiffs alleged that failure of the jail to comply with Michigan law that related to building code, safety, and sanitary laws were a violation of their substantive due process rights.
After 13 months of lengthy hearings, a 3-judge Wayne County Circuit Court panel found that the conditions at the jail were deplorable and did violate the inmates' rights as claimed.
The panel entered detailed findings and an order that specified the manner in which the jail needed to be restored to a suitable condition. The panel also appointed a monitor to oversee the execution of its order. The defendants, while not disputing the trial court's findings or conclusions of law, argued that the trial court had exceeded its authority because the order violated the principle of the separation of powers. In 1973, the Michigan Supreme Court, in remanding the case, found that the trial court was authorized to enact such a specific order once it had been shown that the defendants had failed to meet their statutory duties. The court also held that the appointment of a monitor was appropriate, and the sua sponte joinder of additional defendants by the court was also appropriate.
In 1988, after 15 years of monitoring and noncompliance, the Wayne County Circuit Court appointed the Wayne County Executive as the receiver of the jail, removing the Sheriff’s control. The Sheriff moved for disqualification of the judge and the entire Wayne County Circuit Court bench, but that motion was denied. The prisoners' motion for the appointment of a receiver was granted. The Sheriff appealed.
On July 26, 1989, the Michigan Court of Appeals found (Judge Cynar) that the Circuit Court had the authority to appoint a receiver, that such appointment was appropriate, and that the judges did not err by not disqualifying themselves.
We have no further information on this case.Blase Kearney - 07/03/2012