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Case Name Lee v. Washtenaw County JC-MI-0007
Docket / Court 09-12471 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Jail Conditions
Attorney Organization Michigan Clinical Law Program
Case Summary
On June 23, 2009, a openly gay former prisoner at Washtenaw County Jail filed a lawsuit under 42 U.S.C. § 1983 against Washtenaw County, corrections officers of Washtenaw County Jail, a jail physician, and SecureCare, in the Eastern District of Michigan, Southern Division. The plaintiff, ... read more >
On June 23, 2009, a openly gay former prisoner at Washtenaw County Jail filed a lawsuit under 42 U.S.C. § 1983 against Washtenaw County, corrections officers of Washtenaw County Jail, a jail physician, and SecureCare, in the Eastern District of Michigan, Southern Division. The plaintiff, represented by the University of Michigan Clinical Law Program, asked the court for injunctive relief, a declaration that the plaintiff's rights were violated, compensatory and punitive damages, and attorneys fees, claiming that he was sexually assaulted and abused by guards and other prisoners, was not properly treated for his medical needs, and suffered inhumane conditions while in the jail.

Specifically, the plaintiff was sexually assaulted by another prisoner just days after entering the jail. Although he reported this abuse to a guard, nothing was done to remedy the situation. Approximately one week later, the plaintiff was sexually harassed and raped by a deputy in the jail. During his time at the jail, he was continually harassed by prisoners and guards. Some prisoners went so far as to contaminate his food with human feces and doused him with cups of urine. Although guards were aware of this abuse, they often encouraged and were complicit in this behavior and blamed the plaintiff's homosexuality for provoking these attacks.

On December 9, 2009, the physician and SecureCare filed a Motion to Dismiss. On April 12, 2010, the Court (Judge Arthur J. Tarnow) denied the motion without prejudice. They sought summary judgment on Feb. 25, 2011, but on May 4, the court denied that motion "for the reasons stated on the record and in the briefs." Plaintiff then filed a new complaint, adding several defendants, on Jan. 19, 2012.

The case was dismissed, on stipulation (presumably after some monetary settlement), on Nov. 28, 2012.

Renita Khanduja - 07/13/2012
- 01/12/2014


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Cruel and Unusual Punishment
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Defendant-type
Corrections
Jurisdiction-wide
Discrimination-basis
Sexual orientatation
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Conditions of confinement
Failure to train
Sex w/ staff; sexual harassment by staff
Sexual abuse by residents/inmates
Staff (number, training, qualifications, wages)
Medical/Mental Health
Medical care, general
Mental health care, general
Plaintiff Type
Private Plaintiff
Race
Black
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Washtenaw County
Plaintiff Description A former prisoner at Washtenaw County Jail.
Indexed Lawyer Organizations Michigan Clinical Law Program
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2012
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
2:09−cv−12471 (E.D. Mich.) 11/28/2012
JC-MI-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Defendant Dr. Parker & SecureCare, Inc.'s Motion to Dismiss 12/09/2009
JC-MI-0007-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Brief in Response to Defendants Parker and SecureCare's Motion to Dismiss 01/29/2010
JC-MI-0007-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Without Prejudice Defendants Dr. Parker and SecureCare, Inc.'s Motion to Dismiss 04/12/2010 (E.D. Mich.)
JC-MI-0007-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 01/19/2012
JC-MI-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulated Order to Dismiss 11/28/2012 (E.D. Mich.)
JC-MI-0007-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hluchaniuk, Michael J. (E.D. Mich.) [Magistrate]
JC-MI-0007-9000
Tarnow, Arthur J. (E.D. Mich.)
JC-MI-0007-0004 | JC-MI-0007-0005 | JC-MI-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Santacroce, David A. (Michigan)
JC-MI-0007-0001 | JC-MI-0007-0003 | JC-MI-0007-9000
Defendant's Lawyers Andreou, Diane J. (Michigan)
JC-MI-0007-0002 | JC-MI-0007-9000
Ballenberger, Emily M. (Michigan)
JC-MI-0007-0002 | JC-MI-0007-9000
Dwaihy, Paul J. (Michigan)
JC-MI-0007-0005 | JC-MI-0007-9000
Reach, Cynthia L. (Michigan)
JC-MI-0007-9000
Reach, Ian J. (Michigan)
JC-MI-0007-0005 | JC-MI-0007-9000
Other Lawyers None on record

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