University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Houle v. Sampson CJ-MI-0002
Docket / Court 2:09-cv-10504 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Criminal Justice (Other)
Attorney Organization Legal Services/Legal Aid
Michigan ACLU
Michigan Clinical Law Program
Case Summary
On February 10, 2009, two parolees filed this lawsuit under 42 U.S.C. § 1983 against the State of Michigan Parole Board in the United States Court for the Eastern District of Michigan, Detroit Division. The plaintiffs, represented by several public interest organizations, asked the court for ... read more >
On February 10, 2009, two parolees filed this lawsuit under 42 U.S.C. § 1983 against the State of Michigan Parole Board in the United States Court for the Eastern District of Michigan, Detroit Division. The plaintiffs, represented by several public interest organizations, asked the court for declaratory and injunctive relief, claiming that the Parole Board's conditions of parole were unconstitutional. Specifically, the plaintiffs claimed that the Special Conditions of the parole board in sex offender cases, imposed without input from the parolees, that limited romantic relationships, prohibited contact with their own children and minor siblings violated substantive due process.

Plaintiffs were both convicted of sex offenses. One was convicted of attempted criminal sexual conduct in the third degree. The other plaintiff pled no contest to criminal sexual conduct in the third degree. After periods of incarceration, both plaintiffs were eventually released on parole. As a condition of their parole, they were not allowed contact with any minors, even family members, and not allowed to maintain romantic relationships or cohabitate with anyone who had custody of minor children. One of the plaintiffs could not visit his parents (because his minor child resided with the parents). Another could not visit his fiancée because she had custody of a minor child.

On February 19, 2009, Plaintiffs filed a motion for preliminary injunction against the enforcement of the conditions because they were not directly related to rehabilitation. Plaintiffs voluntarily withdrew the motion, because a settlement was in sight.

On April 30, 2010, the Court (Judge Marianna Battani) approved a stipulation and ordered dismissal of the case because the parties had settled. The stipulation provided the plaintiffs would be allowed contact with their children, and that the plaintiffs could have contact with minors, provided an adult responsible for that minor was present. It also allowed plaintiffs to accompany their children to places in which other minors were present, as long as they did not initiate contact with other minors. Finally, the stipulation provided that the plaintiffs could date or marry a person with minor children, if first approved by the field agent.

The case was dismissed with prejudice.

Blase Kearney - 05/15/2012


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Issues and Causes of Action
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Issues
General
Parole grant/revocation
Sex offender regulation
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) State of Michigan
Plaintiff Description Parolees convicted of minor sex offenses with parole conditions that disallowed contact with minors, even their own children.
Indexed Lawyer Organizations Legal Services/Legal Aid
Michigan ACLU
Michigan Clinical Law Program
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
2:09−cv−10504 (E.D. Mich.) 06/08/2009
CJ-MI-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/10/2009
CJ-MI-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Brief in Support of Motion for Preliminary Injunction 02/19/2009
CJ-MI-0002-0002.pdf | Detail
Stipulation and Order of Dismissal 04/30/2010 (E.D. Mich.)
CJ-MI-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Battani, Marianne O. (E.D. Mich.)
CJ-MI-0002-0002 | CJ-MI-0002-0003 | CJ-MI-0002-9000
Scheer, Donald A. (E.D. Mich.) [Magistrate]
CJ-MI-0002-0002 | CJ-MI-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Aukerman, Miriam (Michigan)
CJ-MI-0002-0001 | CJ-MI-0002-0002 | CJ-MI-0002-0003 | CJ-MI-0002-9000
Moss, Kary L. (Michigan)
CJ-MI-0002-0001 | CJ-MI-0002-0002 | CJ-MI-0002-9000
Reingold, Paul (Michigan)
CJ-MI-0002-0001 | CJ-MI-0002-0002 | CJ-MI-0002-0003 | CJ-MI-0002-9000
Sankaran, Vivek (Michigan)
CJ-MI-0002-0003 | CJ-MI-0002-9000
Steinberg, Michael J. (Michigan)
CJ-MI-0002-0001 | CJ-MI-0002-0002 | CJ-MI-0002-9000
Thomas, Kim (Michigan)
CJ-MI-0002-0001 | CJ-MI-0002-0002 | CJ-MI-0002-0003 | CJ-MI-0002-9000
Defendant's Lawyers Himebaugh, Kevin R. (Michigan)
CJ-MI-0002-0003 | CJ-MI-0002-9000
Other Lawyers None on record

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