University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Doe v. Anderson PC-MI-0044
Docket / Court 2:15-cv-13852 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Prison Conditions
Case Summary
The plaintiffs in this class action are 12 inmates in the Michigan Department of Corrections who were incarcerated in adult jails and prisons when they were younger than 18. Each of the plaintiffs participated in litigation against the MDOC in cases in Washtenaw Circuit Court, Case No. 13-1196-CZ ... read more >
The plaintiffs in this class action are 12 inmates in the Michigan Department of Corrections who were incarcerated in adult jails and prisons when they were younger than 18. Each of the plaintiffs participated in litigation against the MDOC in cases in Washtenaw Circuit Court, Case No. 13-1196-CZ and in Federal Court in the Eastern District of Michigan, Case No. 13-14356. These cases can be found in the Clearinghouse--they are PC-MI-0039 (state) and PC-MI-0033 (federal). In those cases, they alleged that the policy and practice of placing juveniles in adult prisons without taking adequate steps to protect them from known harm constituted deliberate indifference to their safety in violation of rights guaranteed by the Fourth Amendment, Eighth Amendment, Fourteenth Amendment, and various international treaties. The cases settled (on February 28, 2020) for $80 million and injunctive relief.

In this case, filed in the U.S. District Court for the Eastern District of Michigan on Nov. 2, 2015, the complaint alleged that because the plaintiffs participated in the initial two cases they were subjected to retaliation from prison staff and administration, in violation of the First Amendment of the U.S. Constitution. The plaintiffs are represented by the same group of private counsel who are litigating the other cases; it has been assigned to Judge Arthur J. Tarnow.

The allegations in more detail are that, after filing the earlier two lawsuits against the MDOC, each of the plaintiffs here faced repercussions for engaging in protected activity at the hands of prison staff and administration. This retaliatory action included verbal harassment, disclosure of their identities despite a court order not to disclose the plaintiffs' identities, and verbal threats. The plaintiffs also alleged that the defendants target them with ongoing unwarranted disciplinary action including solitary confinement and harsher terms of confinement. The complaint alleged that defendants also refused to allow plaintiffs confidential communication with their attorneys, read confidential legal material aloud in front of staff and inmates, and impermissibly questioned the plaintiffs about their case.

The plaintiffs were seeking damages and injunctive relief, as well as a court order for the MDOC to revise its policy and procedure for reporting and reviewing staff misconduct. The court made several decisions in plaintiffs' favor: first, on Mar 4, 2016, it declined to sever (2016 WL 852808); then, on Jun 13, 2016, it denied defendants' motion for protective order to stay discovery (2016 WL 3230679), then, on Mar 31, 2017 it denied summary judgment (2017 WL 1209102); then, on Oct 18, 2017 it granted in part the plaintiffs' motion for reconsideration (2017 WL 4682291); then, on Nov 1, 2017, it granted several of the plaintiffs' motions to compel (2017 WL 4941467); and finally, on Nov 3, 2017, it denied defendants' motion for reconsideration (2017 WL 5080516).

While defendants' second motion for summary judgment was pending, the parties reached a private settlement agreement, on June 15, 2018. Under the agreement, plaintiffs dismissed their case. Defendants paid $350,000, and agreed to review all prior disciplinary charges to ensure none were retaliatory.

Alex Moody - 03/04/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Defendant-type
Corrections
General
Access to lawyers or judicial system
Disciplinary procedures
Juveniles
Youth / Adult separation
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Michigan Department of Corrections
Plaintiff Description 12 people incarcerated by the Michigan Department of Corrections who had been sentenced to adult facilities when they were younger than 18 and who had participated in class action lawsuits regarding treatment and protection of children in adult prisons in Michigan.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filed 2015
Case Ongoing Yes
Case Listing PC-MI-0039 : Does v. Michigan Department of Corrections (State Court)
PC-MI-0033 : Does v. Michigan Department of Corrections (E.D. Mich.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
2:15-cv-13852 (E.D. Mich.)
PC-MI-0044-9000.pdf | Detail
Date: 06/13/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Order Denying Defendants' Motion to Sever, to Change Venue, and to Reassign Case [ECF# 26] (2016 WL 852808) (E.D. Mich.)
PC-MI-0044-0005.pdf | WESTLAW | Detail
Date: 03/04/2012
Source: Bloomberg Law
Complaint [ECF# 1]
PC-MI-0044-0002.pdf | Detail
Date: 11/02/2015
Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendants' Corrected Motion for Protective Order to Stay Discovery; Denying as Moot Defendants' Motion for Protective Order [ECF# 54] (2016 WL 3230679) (E.D. Mich.)
PC-MI-0044-0006.pdf | WESTLAW | Detail
Date: 06/13/2016
Source: Bloomberg Law
Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment [ECF# 84] (2017 WL 1209102) (E.D. Mich.)
PC-MI-0044-0007.pdf | WESTLAW | Detail
Date: 03/31/2017
Source: Bloomberg Law
Corrected Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment [ECF# 130] (2017 WL 4682291) (E.D. Mich.)
PC-MI-0044-0008.pdf | WESTLAW | Detail
Date: 10/18/2017
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 134] (2017 WL 4941467) (E.D. Mich.)
PC-MI-0044-0009.pdf | WESTLAW | Detail
Date: 11/01/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendants' Motion for Reconsideration/Rehearing and/or to Alter or Amend Judgment [ECF# 136] (2017 WL 5080516) (E.D. Mich.)
PC-MI-0044-0010.pdf | WESTLAW | Detail
Date: 11/03/2017
Source: PACER [Public Access to Court Electronic Records]
Third Amended Complaint [ECF# 141]
PC-MI-0044-0003.pdf | Detail
Date: 01/03/2018
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement and Release
PC-MI-0044-0001.pdf | Detail
Date: 06/20/2018
Source: Plaintiffs' counsel
Stipulated Order of Dismissal [ECF# 160] (E.D. Mich.)
PC-MI-0044-0004.pdf | Detail
Date: 07/11/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Majzoub, Mona K. (E.D. Mich.) [Magistrate] show/hide docs
PC-MI-0044-0009
Tarnow, Arthur J. Court not on record show/hide docs
PC-MI-0044-0004 | PC-MI-0044-0005 | PC-MI-0044-0006 | PC-MI-0044-0007 | PC-MI-0044-0008 | PC-MI-0044-0010 | PC-MI-0044-9000
Plaintiff's Lawyers Addis, Anlyn (Michigan) show/hide docs
PC-MI-0044-0001 | PC-MI-0044-0002 | PC-MI-0044-0003 | PC-MI-0044-9000
Chaney, Nakisha N. (Michigan) show/hide docs
PC-MI-0044-0001 | PC-MI-0044-0002 | PC-MI-0044-0003 | PC-MI-0044-9000
Labelle, Deborah A. (Michigan) show/hide docs
PC-MI-0044-0001 | PC-MI-0044-0002 | PC-MI-0044-0003 | PC-MI-0044-9000
McGehee, Cary S. (Michigan) show/hide docs
PC-MI-0044-0001 | PC-MI-0044-0002 | PC-MI-0044-0003 | PC-MI-0044-9000
Pitt, Michael L. (Michigan) show/hide docs
PC-MI-0044-0001 | PC-MI-0044-0002 | PC-MI-0044-0003 | PC-MI-0044-9000
Pitt, Peggy Goldberg (Michigan) show/hide docs
PC-MI-0044-0001 | PC-MI-0044-0002 | PC-MI-0044-0003
Prescott, Sarah (Michigan) show/hide docs
PC-MI-0044-9000
Rivers, Beth M. (Michigan) show/hide docs
PC-MI-0044-9000
Salvatore, Jennifer B. (Michigan) show/hide docs
PC-MI-0044-0001 | PC-MI-0044-0002 | PC-MI-0044-9000
Soble, Richard (Michigan) show/hide docs
PC-MI-0044-0001 | PC-MI-0044-0002 | PC-MI-0044-9000
Defendant's Lawyers Dean, Michael R. (Michigan) show/hide docs
PC-MI-0044-9000
Donnelly, Mark E. (Michigan) show/hide docs
PC-MI-0044-0001 | PC-MI-0044-9000
Fracassi, Adam L.S. (Michigan) show/hide docs
PC-MI-0044-9000
Grossi, Christina M. (Michigan) show/hide docs
PC-MI-0044-9000
Meingast, Heather S. (Michigan) show/hide docs
PC-MI-0044-0001
Murphy, Michael F (Michigan) show/hide docs
PC-MI-0044-0001 | PC-MI-0044-9000
Nelson, Margaret A. (Michigan) show/hide docs
PC-MI-0044-9000
O'Dowd, Kevin J. (Michigan) show/hide docs
PC-MI-0044-9000
Powe, Douglas G. (Michigan) show/hide docs
PC-MI-0044-9000
Van den Bergh, Tracy E. (Michigan) show/hide docs
PC-MI-0044-9000

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