University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name In re Donna Elaine Anderson CJ-MI-0007
Docket / Court 15-2380-AS ( State Court )
State/Territory Michigan
Case Type(s) Criminal Justice (Other)
Special Collection Fines/Fees/Bail Reform (Criminalization of poverty)
Attorney Organization ACLU Chapters (any)
ACLU of Michigan
Case Summary
On July 9, 2015, an individual sentenced to prison due to inability to pay a fine filed this lawsuit in Michigan Circuit Court for the County of Macomb. The plaintiff, represented by the Michigan ACLU filed the complaint requesting the court take superintending control over the 38th District Court, ... read more >
On July 9, 2015, an individual sentenced to prison due to inability to pay a fine filed this lawsuit in Michigan Circuit Court for the County of Macomb. The plaintiff, represented by the Michigan ACLU filed the complaint requesting the court take superintending control over the 38th District Court, and order a district court to refrain from imposing “pay or stay” sentences on indigent defendants who do not have the ability to pay. The plaintiff claimed that this was the only adequate remedy, because individual appeals on a case-by-case basis would be too time consuming and burdensome to adequately address the problem. Further, filing an immediate appeal would not keep the defendant out of jail.

On March 8, 2016, Judge James M. Macaroni entered a stipulation and order of superintending control over the 38th District Court. The injunction, lasting a term of two years, states that the District Court can’t sentence nor revoke probation for failure to comply with an order to pay money unless the defendant is able to pay. The order states that alternatives to payment can be used, like a payment plan, or waiver of some amount of the money owed to the extent it is permitted by law. Additionally, the order altered all sentences imposed on the defendant in pending cases before the court so that they complied with this order.

Edward Cullen - 01/30/2019


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Equal Protection
Establishment Clause
Defendant-type
Jurisdiction-wide
General
Courts
Fines/Fees/Bail/Bond
Over/Unlawful Detention
Poverty/homelessness
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) 38th District Court of Michigan
City of Eastpointe
Plaintiff Description Individual sentenced to prison due to inability to pay a fine.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU of Michigan
Class action status sought Yes
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2016 - 2018
Filing Year 2015
Case Closing Year 2018
Case Ongoing No
Docket(s)
15-2380-AS (State Trial Court)
CJ-MI-0007-9000.pdf | Detail
Date: 03/08/2016
Source: State Court Website
General Documents
Brief in Support of Complaint for Superintending Control
CJ-MI-0007-0002.pdf | External Link | Detail
Date: 07/09/2015
Source: ACLU
Complaint for Superintending Control
CJ-MI-0007-0003.pdf | Detail
Date: 07/09/2015
Source: ACLU
Stipulation and Order of Superintending Control
CJ-MI-0007-0001.pdf | Detail
Date: 03/08/2016
Source: ACLU
Plaintiff's Lawyers Aukerman, Miriam (Michigan)
CJ-MI-0007-0002 | CJ-MI-0007-0003
Korobkin, Daniel S. (Michigan)
CJ-MI-0007-0002 | CJ-MI-0007-0003
Nelson, Sofia V (Michigan)
CJ-MI-0007-0002 | CJ-MI-0007-0003
Steinberg, Michael J. (Michigan)
CJ-MI-0007-0001 | CJ-MI-0007-0002 | CJ-MI-0007-0003

- click to show/hide ALL -

new search
page permalink

- top of page -