Case: Ross v. Blount

2:19-cv-11076 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 14, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the constitutionality of Wayne County, Michigan's cash bail system. On April 14, 2019, several pre-trial detainees in Wayne County Jail filed this class-action lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the 36th District Court in Detroit, the Wayne County Sheriff's Office (WCSO), the Chief Judge, and five Magistrates of the 26th District Court in their official capacities under 42 U.S.C. § 1983. The plaintiffs, repr…

This case challenged the constitutionality of Wayne County, Michigan's cash bail system. On April 14, 2019, several pre-trial detainees in Wayne County Jail filed this class-action lawsuit in the United States District Court for the Eastern District of Michigan. The plaintiffs sued the 36th District Court in Detroit, the Wayne County Sheriff's Office (WCSO), the Chief Judge, and five Magistrates of the 26th District Court in their official capacities under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU and private counsel, sought declaratory and injunctive relief, claiming violations of the Fourteenth Amendment's Due Process and Equal Protection Clauses and the Sixth Amendment's Right to Counsel. The case was assigned to Judge Laurie J. Michelson.

The plaintiffs alleged that the defendants unconstitutionally detained them in Wayne County Jail because they were unable to pay for their release and that the defendants' current arraignment policies created a wealth-based detention system that kept the plaintiffs in jail for their inability to afford bail. All of the plaintiffs included in the complaints were arrested and had their arraignment hearings held in the 36th District Court in Detroit. The plaintiffs were not provided attorneys during their arraignments and in each instance, the plaintiffs were ordered to pay cash bail amounts beyond their financial abilities. The arraignment policies provided two different condition forms: (1) 10% bail condition, which required the plaintiff to pay 10% or the real estate equivalent of their bail amount in order to be released; or (2) full cash bail condition, which required the plaintiff to pay the full amount. The magistrate judges that set the plaintiffs' bail amounts did not inquire whether the plaintiffs could afford their set bail amounts. When plaintiffs notified the court that they were unable to pay bail, they were sent to Wayne County Jail.

The plaintiffs also sought class certification of all pre-trial detainees that had their bail set during arraignment hearings held in the 36th District Court and as a result of the court's bail policies were detained because they could not afford their imposed cash bail conditions.

On June 10, 2019, WCSO moved to dismiss the complaint. They alleged that the plaintiffs could not seek injunctive relief under 42 U.S.C. § 1983 because: they were an entity entitled to quasi-judicial immunity where declaratory relief was available; under 42 U.S.C. § 1983, the plaintiffs failed to state a claim for municipal liability because obeying court orders is not considered a policy of the municipality; and the plaintiffs failed to demonstrate that clearly established law would have put WCSO on notice that obeying a court order for pretrial incarceration would expose it to liability under 42 U.S.C. § 1983.

On June 19, 2019, the Chief Judge moved to dismiss plaintiffs' class action complaint.

A stipulated stay order was entered on August 23, 2019 to allow time for discussions between the parties as to resolution of the matter. Meanwhile, the Detroit News reported that a former Detroit magistrate judge filed a federal whistleblower lawsuit alleging that she had been fired after raising concerns about violations of defendants' rights in the 36th District Court.

On July 12, 2022, the parties reached a historic agreement, which Judge Michelson approved, to greatly reduce the county’s use of cash bail. The agreement required that the 36th District Court presume that pre-trial defendants should be released from detention without cash bail and with only minimal conditions, unless there was evidence specific to that person that they presented a flight risk or danger to the public. If there was evidence of a flight risk or danger to the public, the agreement set forth that the court must consider other possible conditions before considering cash bail, such as reporting to probation and protective orders. The agreement expressly disallowed detaining a defendant on the basis that they were unable to pay for any fees associated with their release, such as fees for wearing a GPS tether. When cash bail was imposed, the agreement required that the amount would be based on the defendant’s ability to pay. 

The agreement also established a right to court-appointed counsel at the time of arraignment and required training for appointed attorneys on bail hearings and the terms of this agreement. Further, the court would automatically reschedule hearings for first time no-show misdemeanor defendants, rather than issue a warrant for their arrest. The agreement included projected rates of release with either no cash bail or affordable cash bail and requires ongoing data collection and reporting from the court.

If the court met all reporting requirements, the agreement would expire in two years. If the court missed a reporting period, the agreement could be extended up to five years. Pursuant to the agreement, the plaintiff’s claims against all parties were dismissed with prejudice and without attorneys’ fees and costs.

Summary Authors

Kimberly Goshey (6/11/2019)

Hafsa Tout (11/13/2019)

Jonah Hudson-Erdman (4/12/2021)

Zoe Goldstein (5/1/2022)

Robin Peterson (5/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14932967/parties/ross-v-honorable-chief-judge-of-michigans-36th-district-court/


Judge(s)
Attorney for Plaintiff

Buskey, Brandon Jerel (Michigan)

Carter, Twyla (New York)

Attorney for Defendant

Burrell, Aaron V. (Michigan)

Evelyn, Gerald K. (Michigan)

Hamilton, K. Scott (Michigan)

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Documents in the Clearinghouse

Document

2:19-cv-11076

Docket

April 12, 2021

April 12, 2021

Docket
1

2:19-cv-11076

Class Action Complaint

April 14, 2019

April 14, 2019

Complaint
20

2:19-cv-11076

Motion to Dismiss By Defendant Benny N. Napoleon

June 10, 2019

June 10, 2019

Pleading / Motion / Brief
27

2:19-cv-11076

Order Regarding Determination of Motion

June 18, 2019

June 18, 2019

Order/Opinion
36

2:19-cv-11076

Stipulated Order Regarding Change in Composition of Michigan's 36th District Court and Corresponding Amendment to Case Caption and Case Docket

May 29, 2020

May 29, 2020

Order/Opinion
50

2:19-cv-11076

First Amended Class Action Complaint

Ross v. Hon. Chief Judge of Michigan's 36th District Court

July 11, 2022

July 11, 2022

Complaint
51

2:19-cv-11076

Stipulated Order (1) Accepting Plaintiffs' Amended Class Action Complaint As-Filed and (2) Dismissing Plaintiffs' Amended Class Action Complaint with Prejudice and Without Attorneys' Fees and Costs

July 12, 2022

July 12, 2022

Order/Opinion
51-1

2:19-cv-11076

Exhibit Final Agreement

July 12, 2022

July 12, 2022

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14932967/ross-v-honorable-chief-judge-of-michigans-36th-district-court/

Last updated March 15, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-7196648 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Racial Bias in Bail Decisions, # 3 Exhibit B - The Effects of Pretrial Detention, # 4 Exhibit C - Why Jails Have More Suicides Than Prisons, # 5 Exhibit D - The Downstream Consequences of Misdemeanor Pretrial Detention, # 6 Exhibit E - Distortion of Justice, # 7 Exhibit F - Unsecured Bonds, # 8 Exhibit G - Using Behavioral Science to Improve Criminal Justice Outcomes) (Mayor, Philip) (Entered: 04/14/2019)

1 Index of Exhibits

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2 Exhibit A - Racial Bias in Bail Decisions

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3 Exhibit B - The Effects of Pretrial Detention

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4 Exhibit C - Why Jails Have More Suicides Than Prisons

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5 Exhibit D - The Downstream Consequences of Misdemeanor Pretrial Detention

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6 Exhibit E - Distortion of Justice

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7 Exhibit F - Unsecured Bonds

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8 Exhibit G - Using Behavioral Science to Improve Criminal Justice Outcomes

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April 14, 2019

April 14, 2019

Clearinghouse
2

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Ross Declaration, # 3 Exhibit B - Lucas Declaration, # 4 Exhibit C - Jackson Declaration, # 5 Exhibit D - Moore Declaration, # 6 Exhibit E - Dixon Declaration, # 7 Exhibit F - Wilson Declaration, # 8 Exhibit G - Gardner Declaration, # 9 Exhibit H - Griffin Declaration, # 10 Exhibit I - Adler Declaration, # 11 Exhibit J - Bruzzano Declaration, # 12 Exhibit K - Saleh Declaration, # 13 Exhibit L - Screenshot of 36th District Court Website, # 14 Exhibit M - Korobkin Declaration, # 15 Exhibit N - Buskey Declaration, # 16 Exhibit O - Trigg Declaration) (Mayor, Philip) (Entered: 04/14/2019)

1 Index of Exhibits

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2 Exhibit A - Ross Declaration

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3 Exhibit B - Lucas Declaration

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4 Exhibit C - Jackson Declaration

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5 Exhibit D - Moore Declaration

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6 Exhibit E - Dixon Declaration

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7 Exhibit F - Wilson Declaration

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8 Exhibit G - Gardner Declaration

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9 Exhibit H - Griffin Declaration

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10 Exhibit I - Adler Declaration

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11 Exhibit J - Bruzzano Declaration

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12 Exhibit K - Saleh Declaration

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13 Exhibit L - Screenshot of 36th District Court Website

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14 Exhibit M - Korobkin Declaration

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15 Exhibit N - Buskey Declaration

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16 Exhibit O - Trigg Declaration

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April 14, 2019

April 14, 2019

PACER
3

SUMMONS Issued for *Nancy M. Blount, Laura A. Echartea, Jeffrey Kleparek, Benny N. Napoleon, Millicent D. Sherman, Dawn White, Bari Blake Wood* (DAll) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

April 15, 2019

April 15, 2019

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DAll)

April 15, 2019

April 15, 2019

PACER
4

NOTICE of Appearance by Daniel S. Korobkin on behalf of All Plaintiffs. (Korobkin, Daniel) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
5

CERTIFICATE of Service/Summons Returned Executed. Nancy M. Blount served on 4/22/2019, answer due 5/13/2019. (Mayor, Philip) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
6

CERTIFICATE of Service/Summons Returned Executed. Laura A. Echartea served on 4/22/2019, answer due 5/13/2019. (Mayor, Philip) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
7

CERTIFICATE of Service/Summons Returned Executed. Jeffrey Kleparek served on 4/22/2019, answer due 5/13/2019. (Mayor, Philip) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
8

CERTIFICATE of Service/Summons Returned Executed. Benny N. Napoleon served on 4/22/2019, answer due 5/13/2019. (Mayor, Philip) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
9

CERTIFICATE of Service/Summons Returned Executed. Millicent D. Sherman served on 4/22/2019, answer due 5/13/2019. (Mayor, Philip) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
10

CERTIFICATE of Service/Summons Returned Executed. Dawn White served on 4/22/2019, answer due 5/13/2019. (Mayor, Philip) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
11

CERTIFICATE of Service/Summons Returned Executed. Bari Blake Wood served on 4/22/2019, answer due 5/13/2019. (Mayor, Philip) (Entered: 04/23/2019)

April 23, 2019

April 23, 2019

PACER
12

NOTICE of Appearance by Scott A Petz on behalf of Nancy M. Blount, Laura A. Echartea, Jeffrey Kleparek, Millicent D. Sherman, Dawn White, Bari Blake Wood. (Petz, Scott) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

PACER
13

NOTICE of Appearance by Martin D. Holmes on behalf of Nancy M. Blount, Laura A. Echartea, Jeffrey Kleparek, Millicent D. Sherman, Dawn White, Bari Blake Wood. (Holmes, Martin) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
14

STIPULATED ORDER Extending Time to Answer 1 Complaint, and Respond to 2 MOTION to Certify Class; Responsive Pleading and Response to Motion due by 6/10/2019, Signed by District Judge Laurie J. Michelson. (WBar) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
15

STIPULATED ORDER Extending Time for Defendant Benny N. Napoleon to Answer 1 Complaint and Respond to 2 MOTION to Certify Class; Responsive Pleading and Response to Motion due by 6/10/2019, Signed by District Judge Laurie J. Michelson. (WBar) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
16

NOTICE of Appearance by Aaron V. Burrell on behalf of Nancy M. Blount, Laura A. Echartea, Jeffrey Kleparek, Millicent D. Sherman, Dawn White, Bari Blake Wood. (Burrell, Aaron) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER
17

NOTICE of Appearance by Alma Sobo on behalf of Nancy M. Blount, Laura A. Echartea, Jeffrey Kleparek, Millicent D. Sherman, Dawn White, Bari Blake Wood. (Sobo, Alma) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

PACER
18

NOTICE of Appearance by Lauren A. Kwapis on behalf of Nancy M. Blount, Laura A. Echartea, Jeffrey Kleparek, Millicent D. Sherman, Dawn White, Bari Blake Wood. (Kwapis, Lauren) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
19

SECOND STIPULATED ORDER Extending Time for Judicial Defendants to Answer 1 Complaint; and Respond to 2 MOTION to Certify Class. Answer to Complaint and Response to Motion due by 6/19/2019, Signed by District Judge Laurie J. Michelson. (WBar) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
20

MOTION to Dismiss by Benny N. Napoleon. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28) (Stella, Davidde) (Entered: 06/10/2019)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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21 Exhibit 20

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22 Exhibit 21

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23 Exhibit 22

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24 Exhibit 23

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25 Exhibit 24

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26 Exhibit 25

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27 Exhibit 26

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28 Exhibit 27

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29 Exhibit 28

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June 10, 2019

June 10, 2019

Clearinghouse
21

NOTICE of Appearance by Gerald K. Evelyn on behalf of Nancy M. Blount, Laura A. Echartea, Jeffrey Kleparek, Millicent D. Sherman, Dawn White, Bari Blake Wood. (Evelyn, Gerald) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
22

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 6/17/2019 11:00 AM before District Judge Laurie J. Michelson (WBar) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
23

STIPULATED ORDER Extending Page Limit as to briefing on Judicial Defendants' Motion to Dismiss, Signed by District Judge Laurie J. Michelson. (WBar) (Entered: 06/13/2019)

June 13, 2019

June 13, 2019

PACER
24

NOTICE of Appearance by Twyla Jeanette Carter on behalf of All Plaintiffs. (Carter, Twyla) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
25

NOTICE of Appearance by Brandon Jerel Buskey on behalf of All Plaintiffs. (Buskey, Brandon) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 6/17/2019 (Court Reporter: None Present, Not on the Record) (WBar)

June 17, 2019

June 17, 2019

PACER
26

STIPULATED ORDER to Adjourn Briefing re 2 MOTION to Certify Class, pending resolution of pending dispositive motions, Signed by District Judge Laurie J. Michelson. (WBar) (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
27

ORDER REGARDING DETERMINATION OF 20 MOTION to Dismiss filed by Benny N. Napoleon. Signed by District Judge Laurie J. Michelson. (WBar) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

Clearinghouse
28

NOTICE of Appearance by K. Scott Hamilton on behalf of Nancy M. Blount, Laura A. Echartea, Jeffrey Kleparek, Millicent D. Sherman, Dawn White, Bari Blake Wood. (Hamilton, K.) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
29

MOTION to Dismiss Judicial Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(b)(1) by Nancy M. Blount, Laura A. Echartea, Jeffrey Kleparek, Millicent D. Sherman, Dawn White, Bari Blake Wood. (Attachments: # 1 Brief in Support of Judicial Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint, # 2 Index of Exhibits, # 3 Exhibit Exhibit 1 - Unpublished Authority, # 4 Certificate of Service) (Petz, Scott) (Entered: 06/19/2019)

1 Brief in Support of Judicial Defendants' Motion to Dismiss Plaintiffs'

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2 Index of Exhibits

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3 Exhibit Exhibit 1 - Unpublished Authority

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4 Certificate of Service

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June 19, 2019

June 19, 2019

PACER
30

NOTICE by Benny N. Napoleon re 20 MOTION to Dismiss Correction to Portion of the Statement of Facts (Stella, Davidde) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
31

STIPULATION AND ORDER Regarding Time for Plaintiffs to Respond to Defendants' Motions to Dismiss. Signed by District Judge Laurie J. Michelson. (EKar) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
32

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 7/15/2019 01:30 PM before District Judge Laurie J. Michelson (WBar) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 7/15/2019; Parties to submit stipulation and order revising briefing schedule. (Court Reporter: None Present, Not on the Record) (WBar)

July 15, 2019

July 15, 2019

PACER
33

STIPULATED ORDER Regarding Briefing Schedule for 29 Judicial Defendants' Motion to Dismiss, and 20 MOTION to Dismiss; Response due by 9/12/2019, Reply due by 10/4/2019. Signed by District Judge Laurie J. Michelson. (WBar) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
34

STIPULATED ORDER STAYING CASE, Signed by District Judge Laurie J. Michelson. (WBar) (Entered: 08/23/2019)

Aug. 23, 2019

Aug. 23, 2019

RECAP
35

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 1/6/2020 at 10:00 AM before District Judge Laurie J. Michelson. To participate in the conference, dial into the Eastern District of Michigan's telephone conference system at (866) 434-5269. The system will then provide directions for joining the call; when asked for an access code, use 9819334. (EKar) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 1/6/2020. (TELEPHONIC Status Conference set for 6/4/2020 at 11:00 AM before District Judge Laurie J. Michelson) To participate in the conference, dial into the Eastern District of Michigan's telephone conference system at (866) 434-5269. The system will then provide directions for joining the call; when asked for an access code, use 9819334. (Court Reporter: None Present, Not on the Record) (EKar)

Jan. 6, 2020

Jan. 6, 2020

PACER
36

STIPULATION AND ORDER regarding change in composition of Michigan's 36th District Court and corresponding amendment to case caption an case docket. Signed by District Judge Laurie J. Michelson. (DPer) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

Clearinghouse

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 6/4/2020. (Court Reporter: None Present, Not on the Record) (EKar)

June 4, 2020

June 4, 2020

PACER
37

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 9/9/2020 at 11:00 AM before District Judge Laurie J. Michelson. (EKar) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 9/9/2020. (Court Reporter: None Present, Not on the Record) (EKar)

Sept. 9, 2020

Sept. 9, 2020

PACER
38

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 12/14/2020 at 11:00 AM before District Judge Laurie J. Michelson. (EKar) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
39

NOTICE of Appearance by Twyla Jeanette Carter on behalf of All Plaintiffs. (Carter, Twyla) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER

RESET Hearing: TELEPHONIC Status Conference RESET for 12/17/2020 at 11:00 AM before District Judge Laurie J. Michelson. (EKar)

Dec. 2, 2020

Dec. 2, 2020

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 12/17/2020. (Court Reporter: None Present, Not on the Record) (EKar)

Dec. 17, 2020

Dec. 17, 2020

PACER
40

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 4/12/2021 at 10:00 AM before District Judge Laurie J. Michelson. (EKar) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

RECAP

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 4/12/2021. (Court Reporter: None Present, Not on the Record) (EKar)

April 12, 2021

April 12, 2021

PACER
41

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 6/17/2021 at 10:00 AM before District Judge Laurie J. Michelson. (EKar) (Entered: 04/12/2021)

April 12, 2021

April 12, 2021

RECAP
42

ATTORNEY APPEARANCE: Amia Trigg appearing on behalf of All Plaintiffs (Trigg, Amia) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER

RESET Hearing: **TIME CHANGE ONLY** TELEPHONIC Status Conference reset for 6/17/2021 at 11:30 AM before District Judge Laurie J. Michelson. (EPar)

June 14, 2021

June 14, 2021

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 6/17/2021; (Court Reporter: None Present, Not on the Record) (WBar)

June 17, 2021

June 17, 2021

PACER
43

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 8/19/2021 02:00 PM before District Judge Laurie J. Michelson (WBar) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

RECAP

RESET Hearing: **TIME CHANGE ONLY** TELEPHONIC Status Conference RESET for 8/19/2021 at 11:30 AM before District Judge Laurie J. Michelson. (EPar)

Aug. 9, 2021

Aug. 9, 2021

PACER

Minute Entry for proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 8/19/2021. (Court Reporter: None Present, Not on the Record) (EPar)

Aug. 19, 2021

Aug. 19, 2021

PACER
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NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 10/27/2021 at 01:00 PM before District Judge Laurie J. Michelson. (EPar) (Entered: 08/20/2021)

Aug. 20, 2021

Aug. 20, 2021

RECAP

Minute Entry for telephonic proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 10/27/2021. (Court Reporter: None Present, Not on the Record) (EPar)

Oct. 27, 2021

Oct. 27, 2021

PACER
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NOTICE TO APPEAR IN PERSON: Status Conference set for 11/17/2021 at 09:00 AM before District Judge Laurie J. Michelson. (EPar) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

RECAP
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NOTICE of Appearance by Aaron M. Lewis on behalf of All Plaintiffs. (Lewis, Aaron) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

RECAP

Minute Entry for in-person proceedings before District Judge Laurie J. Michelson: Status Conference held on 11/17/2021. (Court Reporter: None Present, Not on the Record) (EPar)

Nov. 17, 2021

Nov. 17, 2021

PACER
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NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 1/24/2022 at 02:00 PM before District Judge Laurie J. Michelson. (EPar) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

RECAP

Minute Entry for telephonic proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 1/24/2022. (Court Reporter: None Present, Not on the Record) (EPar)

Jan. 24, 2022

Jan. 24, 2022

PACER
48

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/16/2022 at 03:00 PM before District Judge Laurie J. Michelson. (EPar) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

RECAP

Minute Entry for telephonic proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 3/16/2022. (Court Reporter: None Present, Not on the Record) (EPar)

March 16, 2022

March 16, 2022

PACER
49

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 5/16/2022 at 03:00 PM before District Judge Laurie J. Michelson. (EPar) (Entered: 03/16/2022)

March 16, 2022

March 16, 2022

PACER

Minute Entry for telephonic proceedings before District Judge Laurie J. Michelson: Telephonic Status Conference held on 5/16/2022. (Court Reporter: None Present, Not on the Record) (EPar)

May 16, 2022

May 16, 2022

PACER

Status Conference

May 16, 2022

May 16, 2022

PACER
50

AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Mayor, Philip) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

Clearinghouse
51

STIPULATION AND ORDER (1) Accepting Plaintiffs' Amended Class Action Complaint as Filed and (2) Dismissing Plaintiffs' Amended Class Action Complaint With Prejudice and Without Attorneys' Fees and Costs. Signed by District Judge Laurie J. Michelson. (Attachments: # 1 Exhibit Final Agreement) (EPar) (Entered: 07/12/2022)

1 Exhibit Final Agreement

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July 12, 2022

July 12, 2022

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Letter from Davontae Ross (SSch) (Entered: 10/18/2022)

Oct. 18, 2022

Oct. 18, 2022

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 14, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Pre-trial detainees in Wayne County Jail who were detained because they could not afford the imposed cash bail conditions set by the 36th District Court in Detroit.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Michigan

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Michigan (Detroit, Wayne), State

Wayne County (Detroit, Wayne), County

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2022 - 2024

Content of Injunction:

Reporting

Goals (e.g., for hiring, admissions)

Training

Issues

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Discrimination-area:

Disparate Impact

Discrimination-basis:

Race discrimination

Race:

Black

National Origin/Ethnicity:

Hispanic