University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Rose v. Saginaw County JC-MI-0003
Docket / Court 2:01-cv-10337-DML ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On October 9, 2001, a group of pre-trial detainees represented by private counsel filed a class action civil rights pursuant to 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Michigan, challenging the naked confinement policy of the Saginaw County Jail. ... read more >
On October 9, 2001, a group of pre-trial detainees represented by private counsel filed a class action civil rights pursuant to 42 U.S.C. § 1983 in the United States District Court for the Eastern District of Michigan, challenging the naked confinement policy of the Saginaw County Jail. Plaintiffs alleged that, under the policy, the County Sheriff and deputies placed detainees they found to be uncooperative or disruptive in administrative segregation cells, after being stripped naked. Plaintiffs further alleged that they were viewed while naked by jail personnel and inmates of the opposite gender. This policy, plaintiffs maintained, was unconstitutional. Plaintiffs sought injunctive relief, monetary damages and class certification. Over the course of the litigation, the complaint was amended six times.

Following years of extensive discovery, the parties filed cross-motions for summary judgment. Plaintiffs also sought a preliminary injunction. The District Court (District Judge David M. Lawson) held that the County's policy violated due process and was unreasonable under the Fourth Amendment. The judge ruled that the sheriff and individual officers, however, were entitled to qualified immunity on the federal claims and absolute immunity on the state claims. The Court declined to enter a preliminary injunction. Rose v. Saginaw County, 353 F.Supp.2d 900 (E.D.Mich. 2005).

Plaintiffs then moved for class certification or to add new individual plaintiffs to the case. Defendants opposed certification and sought leave to add a defense that plaintiffs' claims were barred by exhaustion requirements of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). Judge Lawson denied these motions, found that certification was inappropriate and that the PLRA did not apply to the case, as the plaintiffs were not confined when the suit was filed. Rose v. Saginaw County, 232 F.R.D. 267 (E.D. Mich. 2005).

In an attempt to broker a settlement, Judge Lawson referred the case to Magistrate Judge Patrick J. Duggan for a settlement conference and appointed former Wayne County, Michigan Circuit Judge Pamela Harwood as a facilitator to conduct a mediation session. Negotiations were broadened and the parties discussed a global settlement of four related cases - Rose v. Saginaw County, Brabant v. Saginaw County, Abner v. Saginaw County, and Whittum v. Saginaw County - in which there were approximately 94 plaintiffs. Settlement negotiations stalled and the defendants moved for sanctions and to dismiss the case, alleging that the individual plaintiffs failed to appear at settlement conferences and mediation. Plaintiffs maintained defendants' motion was without merrit, as plaintiffs' attorneys attended the various conferences with full authority to settle the case. Judge Lawson denied the defense motion by an unpublished order dated July 19, 2007.

The parties reached an agreement to resolve the individual plaintiffs' damage claims in Rose v. Saginaw County (case no. 01-10337) and two similar cases, Abner v. Saginaw County (case no. 05-10323), and Brabant v. Saginaw County (case no. 05-10030). Under the agreement, approved by Judge Lawson on January 11, 2008, a special case evaluation process was established to determine the monetary value of individual claims. Each plaintiff's claim would be evaluated by a three-attorney panel, consisting of a plaintiff specialist chosen by plaintiffs' counsel, a defense specialist chosen by defense counsel and the chairperson, retired state judge Harwood. The panel would recommend a settlement value for each claim, which would either be accepted or rejected by the parties. If the recommendation was rejected, the claim would be set for trial. The County agreed to pay plaintiffs' counsel a fee equal to thirty-percent (30%) of the amount of each case settled or tried to a conclusion, subject to a cap in the amount of $400,000 on the total amount of attorney's fees and costs claimed by the plaintiffs.

On March 10 and 12, 2008, several Plaintiffs accepted the court recommended settlement payouts, and their claims were dismissed with prejudice. Four plaintiffs rejected the settlement recommendations, went to trial and were awarded between $25,000 and $50,000 each by a jury on March 18, 2008. Judgment was entered on these jury verdicts on March 20, 2008. Due to the great amount of time between the initial complaint and the judgment, Plaintiffs moved for, and were granted interest on their damages dating back to the original complaints.

The remaining three Plaintiffs' claims were consolidated on March 20, 2008 to be included with James Abner, III v. Saginaw County, docket no. 05-10323, which was dismissed on February 17, 2010 for want of prosecution.

Joshua Arocho - 06/28/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Administrative segregation
Search policies
Strip search policy
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) Saginaw County
Saginaw County Jail
Plaintiff Description Detainees of the Saginaw County Jail in Saginaw, Michigan who were subjected to conduct in violation of their state and constitutional rights.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - n/a
Case Closing Year n/a
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 ]

  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
By: Margo Schlanger (Washington University in St. Louis)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:01-cv-10337-DML (E.D. Mich.) 02/26/2009
JC-MI-0003-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff's Third Amended Complaint [...] 05/28/2002
JC-MI-0003-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Fourth Amended Complaint [...] 09/03/2002
JC-MI-0003-0002.pdf | Detail
Plaintiff's Fifth Amended Complaint [...] 10/18/2002
JC-MI-0003-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Sixth Amended Complaint [...] 12/09/2002
JC-MI-0003-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer to Plaintiffs' Sixth Amended Complaint 12/24/2002
JC-MI-0003-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Response Brief to Plaintiffs' Motion for Summary Judgment Establishing Liability 05/29/2003
JC-MI-0003-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulated Order for Dismissal of Plaintiffs, Hope Davis, David Reiner, and Robert James Stephens, Only 07/22/2003
JC-MI-0003-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Granting in Part and Denying in Part Plaintiff's Motion for Summary Judgment, Granting in Part and Denying in Part Defendant's Motion to Dismiss or for Summary Judgment [...] 01/25/2005 (353 F.Supp.2d 900) (E.D. Mich.)
JC-MI-0003-0026.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Plaintiffs' Brief in Support of Motion for Class Certification or, in the Alternative, for Joinder and Continued Tolling 04/29/2005
JC-MI-0003-0008.pdf | Detail
Plaintiffs' Supplement Brief Addressing PLRA "Physical Injury" Issue 11/10/2005
JC-MI-0003-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Supplemental Brief Addressing Class Definition 11/14/2005
JC-MI-0003-0010.pdf | Detail
Opinion and Order Denying Plaintiff's Motion for Class Certification and Denying Defendants' Motion to Amend Affirmative Defenses 11/21/2005 (232 F.R.D. 267) (E.D. Mich.)
JC-MI-0003-0027.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order Granting in Part and Denying in Part Plaintiffs' Emergency Motion to Compel Videotaping of Jail Facilities 02/02/2006 (E.D. Mich.)
JC-MI-0003-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Response to Plaintiffs' Motion for Substitution of Party 04/11/2006
JC-MI-0003-0012.pdf | Detail
Order Denying Defendants' Motion to Dismiss or for Sanctions [...] 07/19/2007 (E.D. Mich.)
JC-MI-0003-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Regarding Special Case Evaluation, Discovery and Attorney's Fees 01/11/2008 (E.D. Mich.)
JC-MI-0003-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 03/10/2008 (E.D. Mich.)
JC-MI-0003-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Additional Dismissals 03/12/2008 (E.D. Mich.)
JC-MI-0003-0018.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Additional Dismissal 03/12/2008 (E.D. Mich.)
JC-MI-0003-0019.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal 03/12/2008 (E.D. Mich.)
JC-MI-0003-0020.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Verdict Form 03/18/2008
JC-MI-0003-0021.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Transferring Claims for Administrative Purposes and Closing Cases 03/20/2008 (E.D. Mich.)
JC-MI-0003-0022.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 03/20/2008 (E.D. Mich.)
JC-MI-0003-0023.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion for Interest 06/19/2008 (E.D. Mich.)
JC-MI-0003-0024.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 02/17/2010
JC-MI-0003-0025.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Lawson, David M. (E.D. Mich.)
JC-MI-0003-0007 | JC-MI-0003-0011 | JC-MI-0003-0013 | JC-MI-0003-0016 | JC-MI-0003-0017 | JC-MI-0003-0018 | JC-MI-0003-0019 | JC-MI-0003-0020 | JC-MI-0003-0021 | JC-MI-0003-0022 | JC-MI-0003-0023 | JC-MI-0003-0024 | JC-MI-0003-0026 | JC-MI-0003-0027 | JC-MI-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fletcher, Loyst Jr. (Michigan)
JC-MI-0003-0007 | JC-MI-0003-9000
Moss, Kary L. (Michigan)
JC-MI-0003-0008 | JC-MI-0003-0009 | JC-MI-0003-0010
Pianto, Christopher J. (Michigan)
JC-MI-0003-0001 | JC-MI-0003-0002 | JC-MI-0003-0003 | JC-MI-0003-0004 | JC-MI-0003-0007 | JC-MI-0003-0008 | JC-MI-0003-0009 | JC-MI-0003-0010 | JC-MI-0003-0026 | JC-MI-0003-0027 | JC-MI-0003-9000
Pitt, Michael L. (Michigan)
JC-MI-0003-0008 | JC-MI-0003-0009 | JC-MI-0003-0010 | JC-MI-0003-0027 | JC-MI-0003-9000
Pitt, Peggy Goldberg (Michigan)
JC-MI-0003-0008 | JC-MI-0003-0009 | JC-MI-0003-0010 | JC-MI-0003-0027 | JC-MI-0003-9000
Steinberg, Michael J. (Michigan)
JC-MI-0003-0008 | JC-MI-0003-0009 | JC-MI-0003-0010
Wasinger, Stephen F. (Michigan)
JC-MI-0003-0008 | JC-MI-0003-0009 | JC-MI-0003-0010 | JC-MI-0003-0027 | JC-MI-0003-9000
Defendant's Lawyers DeGrazia, James I. (Michigan)
JC-MI-0003-0005 | JC-MI-0003-0006 | JC-MI-0003-0007 | JC-MI-0003-0026 | JC-MI-0003-9000
Jensen, Peter C. (Michigan)
JC-MI-0003-0026 | JC-MI-0003-0027 | JC-MI-0003-9000
O'Neill, Paul T. (Michigan)
JC-MI-0003-0006 | JC-MI-0003-0007
Stokan, Richard V. (Michigan)
JC-MI-0003-0027 | JC-MI-0003-9000
Tamm, James E. (Michigan)
JC-MI-0003-0012 | JC-MI-0003-0027 | JC-MI-0003-9000
Other Lawyers None on record

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