Case: 2:15-cv-14164 As of: 10/03/2019 05:36 PM EDT 1 of 13
CLOSED,reassigned
U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:15−cv−14164−SFC−SDD

Miller v. Stewart et al Assigned to: District Judge Sean F. Cox Referred to: Magistrate Judge Stephanie Dawkins Davis Cause: 42:1983 Prisoner Civil Rights
Plaintiff

Date Filed: 11/25/2015 Date Terminated: 07/26/2019 Jury Demand: Plaintiff Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Sharee Miller

represented by Alma Sobo Dickinson Wright 500 Woodward Ave. Suite 4000 Detroit, MI 48226−3425 313−223−3191 Fax: 844− 670−6009 Email: Asobo@dickinsonwright.com ATTORNEY TO BE NOTICED

Angelina Rose Irvine Dickinson Wright PLLC 500 Woodward Ave. Detroit, MI 48226 313−223−3126 Email: airvine@dickinson−wright.com ATTORNEY TO BE NOTICED

Chelsea M. Smialek Dickinson Wright PLLC 1825 Eye St. NW Suite 900 Washington, DC 20006 202−659−6936 Email: csmialek@dickinsonwright.com TERMINATED: 10/27/2017

Daniel D. Quick Dickinson Wright 2600 West Big Beaver Road Suite 300 Troy, MI 480834−3312 248−433−7242 Fax: 248−433−7200 Email: dquick@dickinsonwright.com ATTORNEY TO BE NOTICED

Emily L. Turbiak Dickinson Wright PLLC 500 Woodward Avenue Suite 4000 Detroit, MI 48226 (313) 223−3127 Email: eturbiak@dickinsonwright.com ATTORNEY TO BE NOTICED

Jerome Crawford Dickinson Wright PLLC 2600 West Big Beaver Road Suite 300 Troy, MI 48084−3312

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248−433−7221 Fax: 248−433−7274 Email: jcrawford@dickinsonwright.com TERMINATED: 12/28/2016 ATTORNEY TO BE NOTICED
Kathleen A. Cieslik Dickinson Wright PLLC 2600 W. Big Beaver Rd. Suite 300 Troy, MI 48084 248−433−7236 Fax: 248−433−7274 Email: kcieslik@dickinsonwright.com ATTORNEY TO BE NOTICED
Michael J. Steinberg 3145 Jeffries Hall 701 South State Street Ann Arbor, MI 48109 (734) 615−2407 Email: mjsteinb@umich.edu ATTORNEY TO BE NOTICED
Daniel S. Korobkin American Civil Liberties Union Fund of Michigan 2966 Woodward Ave. Detroit, MI 48201 (313) 578−6824 Fax: (313) 578−6811 Email: dkorobkin@aclumich.org ATTORNEY TO BE NOTICED

V.
Defendant
Anthony Stewart in his official capacity as Warden of Women's Huron Valley Correctional Facility

represented by Brandon W. Waddell Michigan Attorney General's Office MDOC Division 525 W. Ottawa St. P.O. Box 30217 Lansing, MI 48909 517−335−3055 Fax: 517−335−7157 Email: waddellb@michigan.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clifton B. Schneider MI Dept of Licensing and Regulatory Affairs Attn:HO Schneider, Cotton Correctional Facility 3500 N Elm Ave Jackson, MI 49201 517−780−6388 Email: schneiderc1@michigan.gov TERMINATED: 05/02/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Thurber MI Dept of Atty Gen

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Complex Litigation Division P.O. Box 30736 525 W. Ottawa St. Lansing, MI 48909 517−335−3055 Fax: 517−335−7157 Email: thurberj@michigan.gov TERMINATED: 03/07/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cori E. Barkman MI Dept of Atty Gen MDOC Division P.O. Box 30217 525 W. Ottawa St. Lansing, MI 48909 517−335−3055 Fax: 517−335−7157 Email: barkmanc@michigan.gov TERMINATED: 10/19/2016 ATTORNEY TO BE NOTICED

Douglas G. Powe Lansing, MI 48909 Email: powed1@michigan.gov TERMINATED: 06/15/2018 ATTORNEY TO BE NOTICED

James E. Long Michigan Department of Attorney General Civil Litigation, Employment & Elections Division P.O. Box 30736 525 W. Ottawa St. Lansing, MI 48909 517−373−6434 Fax: 517−335−2454 Email: longj@michigan.gov TERMINATED: 11/05/2018 ATTORNEY TO BE NOTICED

Defendant
Robin Howard in her individual capacity

represented by Brandon W. Waddell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Clifton B. Schneider (See above for address) TERMINATED: 05/02/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John L. Thurber (See above for address) TERMINATED: 03/07/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cori E. Barkman (See above for address) TERMINATED: 10/19/2016 ATTORNEY TO BE NOTICED

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Defendant
Renata Patton in her individual capacity

Douglas G. Powe (See above for address) TERMINATED: 06/15/2018 ATTORNEY TO BE NOTICED
James E. Long (See above for address) TERMINATED: 11/05/2018 ATTORNEY TO BE NOTICED
represented by Brandon W. Waddell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Clifton B. Schneider (See above for address) TERMINATED: 05/02/2018 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Thurber (See above for address) TERMINATED: 03/07/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cori E. Barkman (See above for address) TERMINATED: 10/19/2016 ATTORNEY TO BE NOTICED
Douglas G. Powe (See above for address) TERMINATED: 06/15/2018 ATTORNEY TO BE NOTICED
James E. Long (See above for address) TERMINATED: 11/05/2018 ATTORNEY TO BE NOTICED

V. Respondent MDOC

represented by Clifton B. Schneider (See above for address) ATTORNEY TO BE NOTICED

V. Movant Legislative Corrections Ombudsman

represented by Gary P. Gordon Dykema Gossett 201 Townsend Capitol View Building Suite 900 Lansing, MI 48933−1551 517−373−9133 Email: ggordon@dykema.com

Case: 2:15-cv-14164 As of: 10/03/2019 05:36 PM EDT 5 of 13 ATTORNEY TO BE NOTICED

Date Filed 11/25/2015
11/30/2015 11/30/2015 11/30/2015 02/10/2016 02/10/2016 02/18/2016 02/18/2016 02/22/2016 02/22/2016 02/22/2016 03/02/2016 03/03/2016 03/23/2016
03/25/2016
04/22/2016
04/22/2016 04/25/2016

# Docket Text
1 COMPLAINT filed by Sharee Miller against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645−5444434 − Fee: $ 400. County of 1st Plaintiff: Washtenaw − County Where Action Arose: Washtenaw − County of 1st Defendant: Washtenaw. [Previously dismissed case: No] [Possible companion case(s): None] (Korobkin, Daniel) (Entered: 11/25/2015)
2 SUMMONS Issued for *Anthony Stewart* (DWor) (Entered: 11/30/2015)
3 SUMMONS Issued for *Robin Howard* (DWor) (Entered: 11/30/2015)
4 SUMMONS Issued for *Renata Patton* (DWor) (Entered: 11/30/2015)
5 NOTICE of Appearance by Jerome Crawford on behalf of Sharee Miller. (Crawford, Jerome) (Entered: 02/10/2016)
6 NOTICE of Appearance by Daniel D. Quick on behalf of All Plaintiffs. (Quick, Daniel) (Entered: 02/10/2016)
Text−Only Order of reassignment from Magistrate Judge Michael J. Hluchaniuk to Magistrate Judge Stephanie Dawkins Davis pursuant to Administrative Order. (SSch) (Entered: 02/18/2016)
7 ORDER Referring Pretrial Matters to Magistrate Judge Stephanie Dawkins Davis. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 02/18/2016)
8 CERTIFICATE of Service/Summons Returned Executed. Renata Patton served on 2/10/2016, answer due 3/2/2016. (Crawford, Jerome) (Entered: 02/22/2016)
9 CERTIFICATE of Service/Summons Returned Executed. Robin Howard served on 2/10/2016, answer due 3/2/2016. (Crawford, Jerome) (Entered: 02/22/2016)
10 CERTIFICATE of Service/Summons Returned Executed. Anthony Stewart served on 2/10/2016, answer due 3/2/2016. (Crawford, Jerome) (Entered: 02/22/2016)
11 ATTORNEY APPEARANCE: Cori E. Barkman appearing on behalf of Robin Howard, Renata Patton, Anthony Stewart (Barkman, Cori) (Entered: 03/02/2016)
12 STIPULATION AND ORDER Regarding Response to 1 Complaint. (Response due by 3/23/2016) Signed by District Judge Sean F. Cox. (JMcC) (Entered: 03/03/2016)
13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) with Brief in Support and Certificate of Service by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Barkman, Cori) (Entered: 03/23/2016)
14 ORDER Setting Hearing on 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) with Brief in Support and Certificate of Service : Response due by 4/18/2016. Reply due by 5/5/2016. Resolved/Unresolved Issues due by 5/24/2016. Motion Hearing set for 6/7/2016 10:00 AM before Magistrate Judge Stephanie Dawkins Davis. Signed by Magistrate Judge Stephanie Dawkins Davis. (DWor) (Entered: 03/25/2016)
15 STIPULATED ORDER Extending Plaintiff's Response Date and Adjourning Hearing as to 13 MOTION to Dismiss. Response due by 5/18/2016, Reply due by 6/6/2016, Motion Hearing set for 7/14/2016 10:00 AM before Magistrate Judge Stephanie Dawkins Davis *IN FLINT*) Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 04/22/2016)
Set/Reset Deadlines as to 13 MOTION to Dismiss. Resolved/Unresolved Issues due by 7/1/2016 (THal) (Entered: 04/22/2016)
16 NOTICE of Appearance by Chelsea M. Smialek on behalf of All Plaintiffs. (Smialek, Chelsea) (Entered: 04/25/2016)

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04/28/2016 05/09/2016 05/18/2016
06/06/2016 06/22/2016
06/22/2016 09/08/2016 09/22/2016
10/19/2016 12/13/2016
12/27/2016 12/28/2016 01/10/2017 03/08/2017 03/29/2017 04/03/2017
04/25/2017 05/04/2017

17 NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 04/28/2016)
18 NOTICE of Appearance by Kathleen A. Cieslik on behalf of All Plaintiffs. (Cieslik, Kathleen) (Entered: 05/09/2016)
19 RESPONSE to 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) with Brief in Support and Certificate of Service filed by Sharee Miller. (Attachments: # 1 Exhibit case law) (Cieslik, Kathleen) (Entered: 05/18/2016)
20 REPLY to Response re 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) with Brief in Support and Certificate of Service filed by All Defendants. (Barkman, Cori) (Entered: 06/06/2016)
21 NOTICE OF HEARING on 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) . Motion Hearing reset for 9/22/2016 10:00 AM before Magistrate Judge Stephanie Dawkins Davis *IN FLINT* (THal) (Entered: 06/22/2016)
Reset Deadlines as to 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6). Resolved/Unresolved Issues due by 9/8/2016 (THal) (Entered: 06/22/2016)
22 STATEMENT of Resolved and Unresolved Issues by Sharee Miller (Smialek, Chelsea) (Entered: 09/08/2016)
Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Motion Hearing held on 9/22/2016 re 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) filed by Robin Howard, Anthony Stewart, Renata Patton. Disposition: Motion taken under advisement (Court Reporter: Digitally Recorded) (THal) (Entered: 09/22/2016)
23 STIPULATION AND ORDER for substitution of counsel. Attorney Clifton B. Schneider substituted as counsel in place of Attorney Cori E. Barkman for defendants. Signed by Magistrate Judge Stephanie Dawkins Davis. (DPer) (Entered: 10/19/2016)
24 REPORT AND RECOMMENDATION re 13 MOTION to Dismiss Defendants' Partial Motion to Dismiss Pursuant to Federal Rule 12(B)(6) filed by Robin Howard, Anthony Stewart, Renata Patton. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 12/13/2016)
25 OBJECTION to 24 Report and Recommendation by Robin Howard, Renata Patton, Anthony Stewart. (Schneider, Clifton) (Entered: 12/27/2016)
Attorney Jerome Crawford is discontinued from receiving Notices of Electronic Filing. Reason: No longer with Firm. (Quick, Daniel) (Entered: 12/28/2016)
26 RESPONSE to 25 Objection to Report and Recommendation by Sharee Miller. (Cieslik, Kathleen) (Entered: 01/10/2017)
27 ORDER Adopting 24 Report and Recommendation for Denying 13 Motion to Dismiss, filed by Robin Howard, Anthony Stewart, Renata Patton. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 03/08/2017)
28 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Robin Howard, Renata Patton, Anthony Stewart. (Schneider, Clifton) (Entered: 03/29/2017)
29 NOTICE OF TELEPHONIC RULE 16 SCHEDULING CONFERENCE AND RULE 26 JOINT DISCOVERY PLAN DEADLINE: Telephonic Scheduling Conference set for 5/4/2017 03:00 PM before Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 04/03/2017)
30 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Cieslik, Kathleen) (Entered: 04/25/2017)
Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Telephonic Scheduling Conference held on 5/4/2017. (Court Reporter: None Present, Not on the Record) (THal) (Entered: 05/08/2017)

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05/09/2017 05/09/2017 08/24/2017
09/12/2017 09/21/2017 09/27/2017 10/02/2017 10/04/2017 10/04/2017 10/11/2017
10/11/2017
10/25/2017 10/27/2017
10/27/2017 10/30/2017 10/30/2017 10/31/2017

31 CASE MANAGEMENT ORDER: Discovery due by 12/15/2017. Dispositive Motion Cut−off set for 2/15/2018. Signed by Magistrate Judge Stephanie Dawkins Davis. (Refer to image for additional dates) (THal) (Entered: 05/09/2017)
32 ORDER Granting Defendants' Request for Permission to Take Deposition of Plaintiff. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 05/09/2017)
33 STIPULATED ORDER To Extend the Pretrial Discovery Deadline and Other Related Dates, ( Discovery due by 2/15/2018, Dispositive Motion Cut−off set for 4/15/2018). [Refer to image for additional dates]. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 08/24/2017)
34 NOTICE of Appearance by Alma Sobo on behalf of Sharee Miller. (Sobo, Alma) (Entered: 09/12/2017)
35 NOTICE of Appearance by Emily L. Turbiak on behalf of All Plaintiffs. (Turbiak, Emily) (Entered: 09/21/2017)
36 NOTICE TO APPEAR BY TELEPHONE: Telephonic Conference set for 10/2/2017 03:00 PM before Magistrate Judge Stephanie Dawkins Davis (THal) (Entered: 09/27/2017)
Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Telephonic Conference regarding witness list deadline held on 10/2/2017. (Court Reporter: None Present, Not on the Record) (THal) (Entered: 10/03/2017)
37 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 10/04/2017)
38 QUALIFIED PROTECTIVE ORDER WITH STIPULATION. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 10/04/2017)
39 MOTION to Compel Compliance with Subpoena by Sharee Miller. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Subpoena to MDOC, # 3 Exhibit Fax Confirmation, # 4 Exhibit MDOC's Response to Subpoena, # 5 Exhibit Plaintiff's Response to MDOC's Objections) (Cieslik, Kathleen) (Entered: 10/11/2017)
40 MOTION to Compel Responses by Sharee Miller. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A − Emails Between Plaintiff's Counsel and Defendants' Counsel, # 3 Exhibit Exhibit B − Plaintiff's First Set of Discovery Requests, # 4 Exhibit Exhibit C − Defendants' July Respones to Discovery Requests, # 5 Exhibit Exhibit D − Good Faith Letter from Plaintiff's Counsel to Defendants' Counsel, # 6 Exhibit Exhibit E − Defendants' Supplemental Responses to Discovery Requests, # 7 Exhibit Exhibit F − Proposed Order Granting Plaintiff's Motion, # 8 Exhibit Exhibit G − Unpublished Case Law) (Cieslik, Kathleen) (Entered: 10/11/2017)
41 MOTION for Extension of Time to File Response/Reply as to 40 MOTION to Compel Responses, 39 MOTION to Compel Compliance with Subpoena by Robin Howard, Renata Patton, Anthony Stewart. (Schneider, Clifton) (Entered: 10/25/2017)
42 STIPULATION AND ORDER To Extend Pre−Trial Discovery Deadline and Other Related Dates, ( Discovery due by 3/15/2018, Dispositive Motion Cut−off set for 5/15/2018). Signed by Magistrate Judge Stephanie Dawkins Davis. [Refer to image for other deadlines]. (THal) (Entered: 10/27/2017)
43 NOTICE AND ORDER OF WITHDRAWAL. Attorney Chelsea M. Smialek terminated. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 10/27/2017)
44 RESPONSE to 39 MOTION to Compel Compliance with Subpoena filed by MDOC. (Schneider, Clifton) (Entered: 10/30/2017)
45 RESPONSE to 40 MOTION to Compel Responses and Brief in Support filed by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Exhibit A) (Schneider, Clifton) (Entered: 10/30/2017)
TEXT−ONLY ORDER granting 41 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 10/31/2017)

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11/06/2017 11/06/2017
11/06/2017 11/16/2017
11/29/2017 12/01/2017 12/01/2017 12/12/2017 12/12/2017 12/19/2017
12/26/2017 01/19/2018 01/19/2018 02/01/2018 02/02/2018 02/05/2018 02/16/2018 02/21/2018

46 REPLY to Response re 39 MOTION to Compel Compliance with Subpoena filed by Sharee Miller. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A − Subpoena to MDOC) (Cieslik, Kathleen) (Entered: 11/06/2017)
47 REPLY to Response re 40 MOTION to Compel Responses to Her First Set of Discovery Requests and Motion for Sanctions filed by Sharee Miller. (Attachments: # 1 Index of Exhibits Index of Exhibits to Reply in Support of Plaintiff Sharee Miller's Motion to Compel Responses, # 2 Exhibit 1. October 27, 2017 Email to Schneider, # 3 Exhibit 2. November 3, 2017 Email to Schneider, # 4 Exhibit 3. Unpublised Case Law) (Sobo, Alma) (Entered: 11/06/2017)
48 EXHIBIT Correct Exhibit A re 46 Reply to Response to Motion by Sharee Miller (Cieslik, Kathleen) (Entered: 11/06/2017)
49 ORDER Setting Hearing on 40 MOTION to Compel Responses, 39 MOTION to Compel Compliance with Subpoena : Resolved/Unresolved Issues due by 12/12/2017. Motion Hearing set for 12/19/2017 10:00 AM before Magistrate Judge Stephanie Dawkins Davis. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 11/16/2017)
50 NOTICE of Appearance by Angelina Rose Irvine on behalf of All Plaintiffs. (Irvine, Angelina) (Entered: 11/29/2017)
51 Plaintiff's WITNESS LIST by All Plaintiffs (Turbiak, Emily) (Entered: 12/01/2017)
52 DEFENDANTS' WITNESS LIST by Robin Howard, Renata Patton, Anthony Stewart (Schneider, Clifton) (Entered: 12/01/2017)
53 STATEMENT of Resolved and Unresolved Issues (Joint) by All Plaintiffs (Attachments: # 1 Exhibit Exhibit A) (Turbiak, Emily). (Entered: 12/12/2017)
54 STATEMENT of Resolved and Unresolved Issues (Joint) by All Plaintiffs (Attachments: # 1 Exhibit Exhibit A) (Turbiak, Emily). (Entered: 12/12/2017)
Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Motion Hearing held on 12/19/2017 re 40 MOTION to Compel Responses filed by Sharee Miller, 39 MOTION to Compel Compliance with Subpoena filed by Sharee Miller. Disposition: Motions taken under advisement (Court Reporter: Digitally Recorded) (THal) (Entered: 12/19/2017)
55 AFFIDAVIT of Lynn Lyman re 45 Response to Motion to Compel filed by Robin Howard, Renata Patton, Anthony Stewart. (Schneider, Clifton) (Entered: 12/26/2017)
56 NOTICE of Appearance by Gary P. Gordon on behalf of Legislative Corrections Ombudsman. (Gordon, Gary) (Entered: 01/19/2018)
57 ORDER on 39 Motion to Compel; 40 Motion to Compel. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 01/19/2018)
58 NOTICE TO APPEAR BY TELEPHONE: Telephone Conference regarding proposed protective order set for 2/5/2018 11:00 AM before Magistrate Judge Stephanie Dawkins Davis (THal) (Entered: 02/01/2018)
Reset Deadlines/Hearings: **TIME CHANGE ONLY** TELEPHONIC Conference regarding proposed protective order set for 2/5/2018 10:30 AM before Magistrate Judge Stephanie Dawkins Davis (THal) (Entered: 02/02/2018)
Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Telephonic Conference regarding proposed protective order held on 2/5/2018. (Court Reporter: None Present, Not on the Record) (THal) (Entered: 02/05/2018)
59 ATTORNEY APPEARANCE: Douglas G. Powe appearing on behalf of Robin Howard, Renata Patton, Anthony Stewart (Powe, Douglas) (Entered: 02/16/2018)
60 STIPULATED ORDER To Amend Court's Scheduling Order, ( Disclosure of Defendants' Experts due by 3/1/2018, Discovery due by 5/1/2018, Dispositive Motion Cut−off set for 6/1/2018). Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 02/21/2018)

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03/01/2018 03/02/2018 03/08/2018 03/16/2018 03/30/2018 03/30/2018 04/03/2018
04/06/2018 04/11/2018 04/11/2018 04/26/2018 04/26/2018 04/30/2018 05/02/2018 05/31/2018 06/01/2018 06/01/2018
06/01/2018
06/04/2018

61 Expert WITNESS LIST by Robin Howard, Renata Patton, Anthony Stewart (Powe, Douglas) (Entered: 03/01/2018)
62 [STRICKEN] AMENDED EXPERT WITNESS LIST by All Defendants (Powe, Douglas) (Entered: 03/02/2018)
63 ORDER Setting Briefing Schedule on Proposed Protective Order. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 03/08/2018)
64 MOTION to Strike 62 Witness List by Sharee Miller. (Attachments: # 1 Index of Exhibits, # 2 Exhibit March 2, 2018 Email from E. Turbiak, # 3 Exhibit Unpublished Authorities) (Sobo, Alma) (Entered: 03/16/2018)
65 RESPONSE to 64 MOTION to Strike 62 Witness List filed by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Resume) (Powe, Douglas) (Entered: 03/30/2018)
66 ORDER REFERRING MOTION to Magistrate Judge Stephanie Dawkins Davis: 64 MOTION to Strike 62 Witness List filed by Sharee Miller. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 03/31/2018)
67 ORDER Setting Hearing on 64 MOTION to Strike 62 Witness List : Reply due by 4/6/2018. Resolved/Unresolved Issues due by 4/27/2018. Motion Hearing set for 5/10/2018 10:00 AM before Magistrate Judge Stephanie Dawkins Davis in Flint. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 04/03/2018)
68 REPLY to Response re 64 MOTION to Strike 62 Witness List filed by All Plaintiffs. (Turbiak, Emily) (Entered: 04/06/2018)
69 STIPULATION AND ORDER FOR ENTRY OF PROTECTIVE ORDER Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 04/11/2018)
70 MOTION to Withdraw Appearance by Robin Howard, Renata Patton, Anthony Stewart. (Schneider, Clifton) (Entered: 04/11/2018)
71 EXHIBIT 1 re 68 Reply to Response to Motion by All Plaintiffs (Turbiak, Emily) (Entered: 04/26/2018)
72 STATEMENT of Resolved and Unresolved Issues (Joint Statement) by All Plaintiffs (Turbiak, Emily) (Entered: 04/26/2018)
TEXT−ONLY NOTICE: Hearing on 5/10/18 is Cancelled re 64 MOTION to Strike 62 Witness List . The parties agreed to have the motion decided without oral argument. (THal) (Entered: 04/30/2018)
TEXT−ONLY ORDER granting 70 Motion to withdraw appearance. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 05/02/2018)
73 ATTORNEY APPEARANCE: James E. Long appearing on behalf of Robin Howard, Renata Patton, Anthony Stewart (Long, James) (Entered: 05/31/2018)
74 Ex Parte MOTION for Leave to File Exhibits In The Traditional Manner by Robin Howard, Renata Patton, Anthony Stewart. (Long, James) (Entered: 06/01/2018)
75 MOTION for Summary Judgment by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Index of Exhibits, # 2 Exhibit #1 POA Powerpoint, # 3 Exhibit #2 Pl POA Rules & Procedures, # 4 Exhibit #3 Howard Dep, # 5 Exhibit #4 6−23−14 JPay, # 6 Exhibit #5 6−24−14 JPay, # 7 Exhibit #6 Pl Termination Form, # 8 Exhibit #7 Cole Removal (sealed), # 9 Exhibit #8 Pearson Removal (sealed), # 10 Exhibit #9 Howard Interrog Resp, # 11 Exhibit #10 Telephone Calls − CD (sealed), # 12 Exhibit #11 Plaintiff's Dep) (Long, James) (Entered: 06/01/2018)
76 SEALED EXHIBIT #7, #8, and #10 re 75 MOTION for Summary Judgment by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Exhibit #7 Cole Removal, # 2 Exhibit #8 Pearson Removal, # 3 Exhibit #10 Telphone Calls − CD) (Long, James) (Entered: 06/01/2018)
TEXT−ONLY ORDER granting 74 Motion for Leave to File Exhibits in the Traditional Manner. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 06/04/2018)

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06/04/2018 06/04/2018 06/05/2018 06/06/2018 06/06/2018 06/07/2018 06/11/2018 06/13/2018
06/15/2018 06/19/2018 06/20/2018 06/22/2018
06/22/2018 07/06/2018 07/23/2018 08/13/2018

77 NOTICE by Robin Howard, Renata Patton, Anthony Stewart re Order on Motion for Leave to File Exhibits in the Traditional Manner (Long, James) (Entered: 06/04/2018)
78 MOTION to Strike 75 MOTION for Summary Judgment for Failure to Comply with Local Rule 7.1(d)(3) by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit A) (Turbiak, Emily) (Entered: 06/04/2018)
79 MOTION for Leave to File Excess Pages by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Exhibit A. Conway v. Purves Order) (Long, James) (Entered: 06/05/2018)
80 EXHIBIT B re 78 MOTION to Strike 75 MOTION for Summary Judgment for Failure to Comply with Local Rule 7.1(d)(3) by All Plaintiffs (Turbiak, Emily) (Entered: 06/06/2018)
81 RESPONSE to 79 MOTION for Leave to File Excess Pages filed by All Plaintiffs. (Attachments: # 1 Exhibit A) (Turbiak, Emily) (Entered: 06/06/2018)
82 EXHIBITS 7, 8 and 10 in support of 75 Motion for summary judgment by Robin Howard, Renata Patton, Anthony Stewart (filed in the traditional manner) (DPer) (Entered: 06/08/2018)
83 REPLY to Response re 79 MOTION for Leave to File Excess Pages filed by Robin Howard, Renata Patton, Anthony Stewart. (Long, James) (Entered: 06/11/2018)
TEXT−ONLY ORDER: The Court has reviewed the filings of the parties at Dkts. 78 and 79, and being otherwise advised in the premises of each motion, in its discretion orders that Defendants' motion for leave to file excess pages (Dkt. 79) is GRANTED; and plaintiff's motion to strike (Dkt. 78) the same is DENIED. Notwithstanding, defendants are advised that any future filings exceeding the page length restrictions set forth in L.R. 7.1(d), which are not preceded by a proper motion for leave to file excess pages will be stricken by the Court. Review of this Order is governed by Federal Rule of Civil Procedure 72 and Local Rule 72.1. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 06/13/2018)
84 ORDER Permitting Attorney Substitution. Attorney John L. Thurber for Robin Howard,John L. Thurber for Renata Patton,John L. Thurber for Anthony Stewart added in place of Douglas G. Powe. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 06/15/2018)
85 MOTION for Leave to File Excess Pages by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit − Case Law, # 3 Exhibit Exhibit − Order) (Turbiak, Emily) (Entered: 06/19/2018)
TEXT−ONLY ORDER granting 85 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 06/20/2018)
86 RESPONSE to 75 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O (Part 1 of 2), # 17 Exhibit O (Part 2 of 2)) (Turbiak, Emily) (Entered: 06/22/2018)
87 SEALED EXHIBIT E, G, H, I and J re 86 Response to Motion, by All Plaintiffs. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J) (Turbiak, Emily) (Entered: 06/22/2018)
88 REPLY to Response re 75 MOTION for Summary Judgment filed by Robin Howard, Renata Patton, Anthony Stewart. (Long, James) (Entered: 07/06/2018)
89 ORDER granting 64 Motion to Strike Expert Witness List. Signed by Magistrate Judge Stephanie Dawkins Davis. (DWor) (Entered: 07/23/2018)
90 ORDER Setting Hearing on 75 MOTION for Summary Judgment : Resolved/Unresolved Issues due by 9/20/2018. Motion Hearing set for 10/4/2018 10:00 AM before Magistrate Judge Stephanie Dawkins Davis in Flint. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 08/13/2018)

Case: 2:15-cv-14164 As of: 10/03/2019 05:36 PM EDT 11 of 13

09/20/2018 09/28/2018
10/26/2018
11/01/2018 11/05/2018 03/01/2019 03/07/2019
03/15/2019
03/27/2019 04/10/2019 04/10/2019 04/10/2019 05/03/2019 07/01/2019 07/01/2019 07/02/2019 07/02/2019 07/02/2019

91 STATEMENT of Resolved and Unresolved Issues by Robin Howard, Renata Patton, Anthony Stewart (Thurber, John) (Entered: 09/20/2018)
92 STIPULATED ORDER Moving the Date of the Hearing on 75 MOTION for Summary Judgment :( Motion Hearing reset for 10/26/2018 10:00 AM before Magistrate Judge Stephanie Dawkins Davis in Flint.) Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 09/28/2018)
Minute Entry for proceedings before Magistrate Judge Stephanie Dawkins Davis: Motion Hearing held on 10/26/2018 re 75 MOTION for Summary Judgment filed by Robin Howard, Anthony Stewart, Renata Patton Disposition: Motion taken under advisement (Court Reporter: Digitally Recorded) (THal) (Entered: 10/29/2018)
93 MOTION for Withdrawal of Attorney James E. Long by All Defendants. (Long, James) (Entered: 11/01/2018)
TEXT−ONLY ORDER granting 93 Motion to Withdraw as Attorney. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 11/05/2018)
94 REPORT AND RECOMMENDATION re 75 MOTION for Summary Judgment filed by Robin Howard, Anthony Stewart, Renata Patton Signed by Magistrate Judge Stephanie Dawkins Davis. (Brown, A.) (Entered: 03/01/2019)
95 ORDER of Attorney Substitution. Attorney Brandon W. Waddell for Robin Howard,Brandon W. Waddell for Renata Patton,Brandon W. Waddell for Anthony Stewart added in place of Attorneys John L. Thurber and Clifton B. Schneider. Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 03/07/2019)
96 NOTICE by All Plaintiffs re 94 REPORT AND RECOMMENDATION re 75 MOTION for Summary Judgment filed by Robin Howard, Anthony Stewart, Renata Patton Objection (Attachments: # 1 Exhibit Exhibit A) (Turbiak, Emily)[DOCKET ERROR − WRONG EVENT USED − DOCUMENT IS AN OBJECTION TO REPORT AND RECOMMENDATION] Modified on 3/15/2019 (NAhm). (Entered: 03/15/2019)
97 ORDER Adopting 94 Report and Recommendation for Granting in Part and Denying in Part 75 Motion for Summary Judgment. Signed by District Judge Sean F. Cox. (MacKay, K) (Entered: 03/27/2019)
98 NOTICE TO APPEAR: Final Pretrial Conference set for 5/28/2019 09:30 AM before District Judge Sean F. Cox. (MacKay, K) (Entered: 04/10/2019)
Set Deadlines/Hearings: Trailing Trial Docket set for July/August 2019. (MacKay, K) (Entered: 04/10/2019)
99 AMENDED NOTICE TO APPEAR: Final Pretrial Conference set for 5/28/2019 at 9:30 AM before District Judge Sean F. Cox. (MacKay, K) (Entered: 04/10/2019)
Set Deadlines/Hearings: Final Pretrial Conference reset for 7/2/2019 at 09:30 AM before District Judge Sean F. Cox (JMcC) (Entered: 05/03/2019)
Set Deadlines/Hearings: Final Pretrial Conference RESET for 7/2/2019 at 3:00 PM (TIME CHANGE ONLY) before District Judge Sean F. Cox. (BSau) (Entered: 07/01/2019)
Set Deadlines/Hearings: Final Pretrial Conference RESET for 7/2/2019 at 2:00 PM (TIME CHANGE ONLY) before District Judge Sean F. Cox. (BSau) (Entered: 07/01/2019)
Minute Entry for proceedings before District Judge Sean F. Cox: Final Pretrial Conference held on 7/2/2019. Disposition: Trial date set. (Court Reporter: Darlene May) (BSau) (Entered: 07/02/2019)
100 JOINT FINAL PRETRIAL ORDER. Signed by District Judge Sean F. Cox. (BSau) (Entered: 07/02/2019)
101 ORDER Regarding Trial. (Pretrial Conference/Hearing on any Motions in Limine set for 7/22/2019 at 10:00 AM, Jury Trial set for 7/23/2019 at 8:30 AM before District Judge Sean F. Cox). Signed by District Judge Sean F. Cox. (BSau) (Entered: 07/02/2019)

Case: 2:15-cv-14164 As of: 10/03/2019 05:36 PM EDT 12 of 13

07/03/2019
07/03/2019 07/09/2019 07/11/2019
07/11/2019 07/12/2019 07/12/2019 07/12/2019 07/12/2019 07/12/2019 07/16/2019 07/16/2019
07/16/2019 07/16/2019
07/17/2019
07/17/2019
07/18/2019 07/18/2019 07/18/2019 07/19/2019
07/25/2019

102 [CORRECTED] ORDER Establishing Trailing Trial Docket for the Months of July/August 2019. Signed by District Judge Sean F. Cox. (JMcC) (Main Document 102 replaced on 7/3/2019) (JMcC). (Entered: 07/03/2019)
103 NOTICE of Correction re 102 Order. (JMcC) (Entered: 07/03/2019)
104 ORDER with Petition for Writ of Habeas Corpus ad Testificandum Issued. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 07/09/2019)
105 MOTION to Adjourn July 23, 2019 Trial Date (Expedited Response Requested) by Robin Howard, Renata Patton, Anthony Stewart. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Affidavit of Brewer) (Waddell, Brandon) (Entered: 07/11/2019)
106 NOTICE TO APPEAR: Status Conference set for 7/16/2019 at 4:00 PM before District Judge Sean F. Cox (JMcC) (Entered: 07/11/2019)
107 MOTION in Limine to Preclude Evidence of Plaintiff's Criminal Record by All Plaintiffs. (Turbiak, Emily) (Entered: 07/12/2019)
108 TRIAL BRIEF by Robin Howard, Renata Patton, Anthony Stewart (Waddell, Brandon) (Entered: 07/12/2019)
109 Proposed Jury Instructions by All Plaintiffs (Turbiak, Emily) (Entered: 07/12/2019)
110 TRIAL BRIEF by All Plaintiffs (Turbiak, Emily) (Entered: 07/12/2019)
111 Exhibit List by All Plaintiffs. (Turbiak, Emily) (Entered: 07/12/2019)
Minute Entry for proceedings before District Judge Sean F. Cox: Status Conference held on 7/16/2019. (JMcC) (Entered: 07/16/2019)
TEXT−ONLY ORDER GRANTING 105 MOTION to Adjourn July 23, 2019 Trial Date filed by Robin Howard, Anthony Stewart, Renata Patton. (Bench Trial reset for 7/29/2019, 7/30/2019, 7/31/2019, 8/2/2019, 8/5/2019 and 8/6/2019 at 8:30 a.m. before District Judge Sean F. Cox. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 07/16/2019)
112 ORDER REFERRING OTHER MATTERS to Magistrate Judge Davis: Settlement Conference. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 07/16/2019)
115 STIPULATION AND ORDER Allowing Expert Witness to Testify at Trial by Video Conference. Signed by District Judge Sean F. Cox. (JMcC) Modified on 7/18/2019 (JMcC). (Entered: 07/18/2019)
113 ORDER FOR SETTLEMENT CONFERENCE. ( Settlement Conference set for 7/25/2019 09:00 AM before Magistrate Judge Stephanie Dawkins Davis in Flint. Confidential Settlement Statements due by 7/22/2019.) Signed by Magistrate Judge Stephanie Dawkins Davis. (THal) (Entered: 07/17/2019)
TEXT−ONLY ORDER Cancelling 7/22/2019 Pretrial Conference and Setting Telephonic Pretrial Conference set for 7/26/2019 at 10:30 AM before District Judge Sean F. Cox. Counsel for Plaintiff shall arrange the call and contact the Court at (313) 234−2650 when all parties are on the line. Signed by District Judge Sean F. Cox. (JMcC) (Entered: 07/17/2019)
114 Proposed Findings of Fact by All Plaintiffs (Turbiak, Emily) (Entered: 07/18/2019)
116 ORDER with Petition for Writ of Habeas Corpus ad Testificandum Issued. Signed by District Judge Sean F. Cox. (MacKay, K) (Entered: 07/18/2019)
117 Proposed Findings of Fact by Robin Howard, Renata Patton, Anthony Stewart (Waddell, Brandon) (Entered: 07/18/2019)
**TIME CHANGE ONLY − DUE TO VIDEO CONFERENCE EQUIPMENT AVAILABILITY AT MDOC FACILITY** Set Deadlines/Hearings: Settlement Conference set for 7/25/2019 09:30 AM before Magistrate Judge Stephanie Dawkins Davis (THal) (Entered: 07/19/2019)
TEXT−ONLY NOTICE: Settlement Conference on 7/25/19 is Cancelled. The Court was advised that this matter has been resolved. (THal) (Entered: 07/25/2019)

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07/26/2019 07/26/2019
07/26/2019 07/26/2019

118 [STRICKEN] STIPULATION of Dismissal Parties' Stipulation to Dismiss Case Per Settlement Agreement by Sharee Miller (Attachments: # 1 Exhibit Settlement Agreement and Release) (Sobo, Alma) Modified on 7/26/2019 (MacKay, K). (Entered: 07/26/2019)
TEXT−ONLY ORDER STRIKING 118 . Pursuant to R11 of the Electronic Filing Policies and Procedures a proposed stipulation and proposed order must be submitted as a Word or WordPerfect Document via the link under the Utilities section of CM/ECF. The stipulation and proposed order at issue is not in compliance with the rule. Signed by District Judge Sean F. Cox. (MacKay, K) (Entered: 07/26/2019)
Minute Entry for proceedings before District Judge Sean F. Cox: Final Pretrial Conference held on 7/26/2019 Disposition: Settlement reached (Court Reporter: None Present, Not on the Record) (MacKay, K) (Entered: 07/26/2019)
119 STIPULATED ORDER DISMISSING CASE. Signed by District Judge Sean F. Cox. (Attachments: # 1 Exhibit A) (MacKay, K) (Entered: 07/26/2019)

 
 Case 2:15-cv-14164-SFC-SDD ECF No. 1 filed 11/25/15 PageID.1 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SHAREE MILLER,

Plaintiff,
vs.
ANTHONY STEWART, in his official capacity as Warden of Women’s Huron Valley Correctional Facility, ROBIN HOWARD, in her individual capacity, and RENATA PATTON, in her individual capacity,

Case No. Hon.

Defendants. /

Daniel S. Korobkin (P72842) Michael J. Steinberg (P43085) American Civil Liberties Union Fund
of Michigan 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6824 dkorobkin@aclumich.org msteinberg@aclumich.org

Attorneys for Plaintiff /

COMPLAINT

Plaintiff Sharee Miller, by and through her attorneys from the American Civil Liberties

Union Fund of Michigan, states for her complaint against Women’s Huron Valley Correctional

Facility Warden Anthony Stewart, Inspector Robin Howard, and CPC Renata Patton:

INTRODUCTORY STATEMENT 1. Sharee Miller, a prisoner observation aide (“POA”) at Women’s Huron Valley Correctional Facility (“Huron Valley”), witnessed extremely disturbing incidents of staff

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misconduct involving the abuse and mistreatment of mentally ill female prisoners by the staff of that facility.
2. When Ms. Miller attempted to get help for these women and bring these incidents to the attention of advocates and authorities outside the facility, she was terminated from her position of employment in retaliation for her efforts.
3. Retaliation of the kind described above is unconstitutional and unlawful. It also presents a serious danger to the health and safety of inmates who may be abused or mistreated in the future, as Ms. Miller and other POAs will be deterred from reporting such incidents for fear of similar retaliation.
4. Ms. Miller therefore brings this lawsuit to vindicate her rights and to ensure that corrections officials do not continue to punish her and other inmates for speaking out about abuse and mistreatment of mentally ill inmates at Huron Valley.

JURISDICTION AND VENUE 5. This Court has original jurisdiction pursuant to 28 U.S.C. § 1331 because this is a civil action arising under the Constitution and laws of the United States. 6. This Court has supplemental jurisdiction over plaintiff’s state-law claim pursuant to 28 U.S.C. § 1367. 7. Venue is proper in the Eastern District of Michigan pursuant to 28 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to plaintiff’s claims occurred at Huron Valley, a prison located in Washtenaw County.

8. 326122.

PARTIES Plaintiff Sharee Miller is a prisoner at Huron Valley. Her prisoner ID number is

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9. Defendant Anthony Stewart is Warden of Huron Valley. He is being sued in his official capacity.
10. Defendant Robin Howard is a corrections officer with the rank or job title of Inspector at Huron Valley. She is being sued in her individual capacity.
11. Defendant Renata Patton is a staff member with the title “CPC” at Huron Valley. She is being sued in her individual capacity.
FACTUAL ALLEGATIONS The Prisoner Observation Aide Program
12. It is the policy of the Michigan Department of Corrections to place suicidal or self-injurious prisoners alone in a cell under one-on-one direct and continuous observation.
13. Instead of relying solely on corrections staff to observe such prisoners, the Michigan Department of Corrections uses specially selected and trained prisoners to perform this function.
14. Such prisoners are known as prisoner observation aides, or POAs. 15. POAs have been used by the Michigan Department of Corrections since approximately 2012. 16. Many of the prisoners being observed by POAs suffer from serious mental illness and/or disability. 17. The POA’s job is to continuously observe the prisoner, write what he/she observes at regular intervals on an observer log, and contact a corrections officer or other staff if the prisoner is in distress or some other emergency arises. 18. The POA program’s “rules and procedures” include maintaining confidentiality. They state:
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Away from the Job [] Confidentiality is very important in prisoner observation. Relevant information should only be shared with staff or the next shift of Prisoner Observers. Inappropriate sharing of information about the observed prisoner will be grounds for immediate removal from the job. Prisoner Observers are only to discuss what the assigned prisoner says/does or what is said/done to the prisoner with housing staff on the unit or relief observers (staff or prisoner).
Sharee Miller Witnesses and Reports Abuse 19. Sharee Miller began working as a POA at Huron Valley in or about March 2014. 20. Ms. Miller received job training as a POA before she assumed her responsibilities
in that position. 21. Ms. Miller was paid wages for her work as a POA. Incident Involving Rochelle Bielby 22. During one of her POA shifts in or about April 2014, Ms. Miller witnessed
corrections staff abuse and mistreat an inmate named Rochelle Bielby who suffers from serious mental illness and disability.
23. After Ms. Bielby had become upset and lost her temper inside her cell, corrections officers stripped her clothes off and restrained her. They cuffed her wrists, cuffed her ankles, and, using a chain, hog-tied her wrists and ankles together behind her back with her knees bent while leaving her lying on her stomach completely naked and alone in her cell.
24. Ms. Bielby repeatedly cried out that she was in pain, but officers did not respond to help her.
25. Ms. Miller asked officers how long Ms. Bielby would have to stay in this painful and degrading position, and she was told that Ms. Bielby would remain there for at least two hours, and longer if she didn’t learn to behave. An officer later told Ms. Miller that Ms. Bielby
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would remained hog-tied and naked for an additional hour because she had struggled and tried to get out of the restraint.
26. During this time, Ms. Miller observed that Ms. Bielby was sliding off her bed and could be seriously injured if she hit the cement floor face first without the ability to break her fall. Ms. Miller notified an officer about this, but the officer told her that there was nothing she could do, and walked away.
27. During the three or more hours that Ms. Bielby was hog-tied, naked, and screaming out in pain, at no time did medical personnel check to see whether she was injured or whether her health or safety was at risk.
28. During the three or more hours that Ms. Bielby was hog-tied, naked, and screaming out in pain, at no time was she permitted to use the bathroom.
29. During the three or more hours that Ms. Bielby was hog-tied, naked, and screaming out in pain, at no time were her restraints loosened to lessen her discomfort.
30. Ms. Miller, disturbed by this abuse and mistreatment of a mentally ill inmate, made several attempts to address the problem with authorities within the facility, to no avail.
a. Ms. Miller first complained to a sergeant at the end of her shift about what she had witnessed, but the sergeant told her dismissively that Ms. Bielby would be fine.
b. At a POA program meeting the next day, Ms. Miller complained to CPC Patton, who supervised the POA program, but CPC Patton told her that what the officers had done was appropriate and her only job as a POA was to chart her observations in a log.
c. Ms. Miller then sent a kite (written request) to Inspector Howard, but she
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received no response. 31. After unsuccessfully attempting to get help within Huron Valley for the abuse and mistreatment she had witnessed, Ms. Miller contacted professional advocates outside the facility to ask for help. 32. Acting on Ms. Miller’s behalf, persons and organizations outside the facility then reported what she had witnessed to public officials and agencies, including:
a. a correctional mental health rights specialist employed by the State of Michigan;
b. the legislative corrections ombudsman whose duty is to investigate complaints involving Michigan prisons; and
c. the Civil Rights Division of the United States Department of Justice, which has federal statutory authority to investigate complaints involving prison conditions.
33. Based on Ms. Miller’s complaints, some or all of the above-listed individuals and organizations initiated investigations regarding Ms. Bielby’s treatment.
34. In early June 2014, Inspector Howard met with Ms. Miller and denied that Ms. Bielby had been mistreated in any way.
Incident Involving Darlene Martin 35. In mid-June 2014, Ms. Miller again witnessed disturbing abuse and mistreatment of a mentally ill and/or disabled inmate over the course of several POA shifts, this time when she was a POA for an inmate named Darlene Martin. 36. Ms. Miller observed that Ms. Martin was confused and disoriented. Due to this condition, Ms. Martin was not eating, and she was unable to operate the sink in her cell to drink
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water. In an effort to drink water, Ms. Martin tried to splash water out of the toilet in her cell, but this made a mess and corrections officers turned off all water to her cell.
37. Ms. Martin became very thirsty and begged repeatedly for water, but corrections officers refused these requests and generally ignored Ms. Martin’s condition. Every few hours they brought a tiny paper cup with a very small amount of water in it to Ms. Martin’s cell, but Ms. Martin remained dehydrated and her requests for additional water were denied.
38. Ms. Miller asked officers to help Ms. Martin by bringing her water, but officers dismissed these requests and told Ms. Miller that Ms. Martin would be all right.
39. Ms. Miller notified the sergeant on duty that Ms. Martin was not eating, was being denied water, and appeared to be in mental or medical distress, but the sergeant on duty dismissed these requests and took no action to help Ms. Martin.
40. Over the course of several days as a POA for Ms. Martin, Ms. Miller sent multiple kites to CPC Patton and Inspector Howard about the fact that Ms. Martin was not eating, was being denied water, and appeared to be in mental or medical distress, but her kites went unanswered.
41. Ms. Miller observed that Ms. Martin’s condition was dramatically worsening. Ms. Martin was foaming at the mouth, vomiting, naked, and mostly unresponsive to verbal cues.
42. A nurse occasionally visited Ms. Martin’s cell to administer a shot. Ms. Miller was alarmed that the nurse, seemingly unconcerned about Ms. Martin’s condition, continued to administer shots while Ms. Martin was undernourished, dehydrated, only semi-conscious, vomiting, and foaming at the mouth.
43. The nurse who visited Ms. Martin’s cell to administer shots did not take Ms. Martin’s vital signs, did not attempt to engage Ms. Martin in any conversation, and did not
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appear to be concerned about Ms. Martin’s deteriorating condition. 44. It should have been obvious that Ms. Martin was in need of medical attention
because eventually Ms. Martin was slumped over in a semi-conscious state, naked and exposed, foaming at the mouth, and not responding to verbal communication.
45. Ms. Miller reported Ms. Martin’s condition to the nurse on duty and expressed serious concern for Ms. Martin’s physical health, but the nurse dismissed Ms. Miller’s concerns and said that she knew what was doing.
46. In sum, the nurse took no action to help Ms. Martin or respond to her worsening condition.
47. Approximately one hour later, Ms. Martin went into cardiac arrest. 48. Emergency medical personnel arrived and attempted to resuscitate Ms. Martin. They took her by ambulance to a nearby hospital, where she was placed on life support. 49. Initially Ms. Martin was not expected to survive. She eventually awoke and was returned to the facility, although she suffered permanent brain damage as a result of the incident. 50. Ms. Miller continued to attempt to report what she had witnessed within the facility, but corrections officers and CPC Patton told her that her job was simply to chart what she observed in a log and did not indicate that they would take any action to investigate. 51. After witnessing the incidents involving Ms. Bielby and Ms. Martin, Ms. Miller feared that other mentally ill women were at risk of similar abuse and mistreatment. She therefore again contacted professional advocates outside Huron Valley to ask for help. 52. Acting on Ms. Miller’s behalf, persons and organizations outside the facility again reported what she had witnessed to public officials and agencies, leading to continued outside investigation of mental health treatment at Huron Valley.
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Defendants Terminate Miller for Reporting the Abuse
53. On July 16, 2014, CPC Patton informed Ms. Miller that she was terminating Ms.
Miller from her position as a POA.
54. CPC Patton stated that she was terminating Ms. Miller at the directive of
Inspector Howard.
55. Ms. Miller later received written documentation regarding her termination signed
by CPC Patton, which states:
Prisoner Miller 326122 began working as a prisoner observation aid on 3/5/2014. On 7/11/2014, classification was notified by Inspector Howard that prisoner Miller has engaged in sharing confidential information regarding prisoners she had observed with persons other than staff or a relieving POA. According to Prisoner Observation Rules and Procedures signed by prisoner Miller on 4/8/2014 Section “Away from the Job” Paragraph 1 it states that “Confidentiality is very important in prisoner observation. Relevant information should only be shared with staff or the next shift of prisoner Observers. Inappropriate sharing of information about the observed prisoner will be grounds for immediate removal from the job. Prisoner Observers are only to discuss what the assigned prisoner says/does or what is said/done to the prisoner with housing staff on the unit or relief observers (staff or prisoner)”. Based on information received from Inspector Howard’s office, it has been determined that prisoner Miller did not comply with the above confidentiality statement, thus she is being removed from the POA position effective immediately.
56. Although Ms. Miller disclosed information necessary to report the staff
misconduct constituting abuse and mistreatment of mentally ill inmates that she witnessed during
her work as a POA, Ms. Miller never shared confidential information inappropriately. Rather,
Ms. Miller was terminated from her position for reporting the abuse and mistreatment she
witnessed to persons outside Huron Valley, after she was unable to get help through internal
channels.
57. As a proximate result of defendants having terminated Ms. Miller from her
position as a POA:
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a. Ms. Miller has suffered lost wages; b. Ms. Miller has suffered mental, emotional and psychological injury and
distress; c. Ms. Miller has suffered injury to her reputation; d. Ms. Miller is unable to obtain other desirable prisoner jobs or assignments
because her record now includes a negative work report in connection with her having reported the abuse she witnessed; e. Ms. Miller is less likely to report other abuse or staff misconduct that she witnesses for fear of additional retaliation; and f. other POAs are afraid to report abuse or staff misconduct that they witness for fear that they, too, will suffer retaliation for doing so.
Exhaustion of Administrative Remedies 58. Plaintiff exhausted all available administrative remedies on August 27, 2015.
CLAIMS FOR RELIEF 59. Based on the allegations set forth above, plaintiff is entitled to relief on the two counts identified below.
COUNT ONE VIOLATION OF THE FIRST AND FOURTEENTH AMENDMENTS
(RETALIATION) 42 U.S.C. § 1983 60. Under 42 U.S.C. § 1983, state actors are liable at law or equity for their acts or omissions undertaken under color of law which deprive any person of the rights secured by the Constitution and laws of the United States. 61. Defendants are state actors and, at all times relevant to this Complaint, were
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acting and are acting under color of law. 62. Plaintiff’s communication with persons outside Huron Valley for the purpose of
reporting the abuse, neglect and/or mistreatment of mentally ill inmates she witnessed was constitutionally protected speech.
63. Defendants terminated plaintiff from her position as a POA, and have otherwise taken adverse action against her regarding her eligibility for employment and other privileges, because of her protected speech.
64. In so doing, defendants have violated plaintiff’s rights under the First Amendment to the United States Constitution, as applicable to the States through the Fourteenth Amendment and enforceable through 42 U.S.C. § 1983.
COUNT TWO VIOLATION OF THE MICHIGAN WHISTLEBLOWERS’ PROTECTION ACT
M.C.L. §§ 15.361-15.369 65. Section 2 of the Michigan Whistleblowers’ Protection Act, M.C.L. § 15.362, provides as follows:
An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because the employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a violation or a suspected violation of a law or regulation or rule promulgated pursuant to law of this state, a political subdivision of this state, or the United States to a public body, unless the employee knows that the report is false, or because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action. 66. Plaintiff was employed by defendants as a POA. 67. During her employment as a POA, plaintiff witnessed abuse, neglect and/or mistreatment of mentally ill inmates that she knew or reasonably suspected constituted a violation of the laws, regulations, or rules of this State or the United States, including but not
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limited to the Eighth Amendment to the United States Constitution, the Americans with Disabilities Act, the analogous provisions of the Michigan Constitution and Michigan state law, and regulations of the Michigan Department of Corrections.
68. Defendants terminated plaintiff from her position as a POA, and have otherwise discriminated against her regarding compensation, terms, conditions, location and privileges of employment, because plaintiff and persons acting on her behalf reported the above-described abuses and violations to state and federal officials with responsibility or authority to investigate them.
69. In so doing, defendants have violated plaintiff’s rights under the Whistleblowers’ Protection Act.
DEMAND FOR RELIEF Based on the foregoing allegations and claims, plaintiff requests that this Court:
a. assert jurisdiction over this matter; b. enter judgment in favor of plaintiff and against defendants; c. order defendants to reinstate plaintiff as a POA; d. declare that the First Amendment and Whistleblowers’ Protection Act
prohibit defendants from taking adverse action against POAs for reporting incidents in which corrections officers and staff abuse, neglect and/or mistreat mentally ill inmates; e. enjoin defendants from taking adverse action against plaintiff for reporting incidents in which corrections officers and staff abuse, neglect and/or mistreat mentally ill inmates; f. enjoin defendants from denying plaintiff employment or privileges based on the conduct that led to her termination as a POA; g. award plaintiff damages (except that plaintiff does not seek damages from the official-capacity defendant, Warden Stewart); h. award plaintiff costs and reasonable attorneys’ fees; and
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i. provide any other relief deemed just and equitable. JURY DEMAND
Plaintiff demands a jury on all issues so triable. Respectfully submitted, /s/ Daniel S. Korobkin Daniel S. Korobkin (P72842) Michael J. Steinberg (P43085) American Civil Liberties Union Fund of Michigan 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6824 dkorobkin@aclumich.org msteinberg@aclumich.org Attorneys for Plaintiff
Dated: November 25, 2015
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 Case 2:15-cv-14164-SFC-SDD ECF No. 119-1 filed 07/26/19 PageID.2071 Page 1 of 13
Exhibit A

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

SHAREE MILLER,

Plaintiff,

Case No. 2:15-cv-14164

v.

Hon. Sean F. Cox

SHAWN BREWER, et al. Defendants.

Magistrate Judge Stephanie Dawkins Davis

AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN Daniel S. Korobkin (P72842) Michael J. Steinberg (P43085) 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6824 dkorobkin@aclumich.org msteinberg@aclumich.org Attorneys for Plaintiff
Brandon Waddell (P81494) Michigan Dep’t of Attorney General CLEE Division P.O. Box 30736 Lansing MI 48909 (517) 373-6434 waddellb@michigan.gov Attorney for Defendants

DICKINSON WRIGHT PLLC Daniel D. Quick (P48109) Kathleen A. Cieslik (P80024) Alma Sobo (P81177) 2600 West Big Beaver Rd, Ste. 300 Troy, MI 48084 (248) 433-7200 dquick@dickinsonwright.com kcieslik@dickinsonwright.com asobo@dickinsonwright.com
Emily L. Burdick (P81178) Angelina R. Irvine (P81712) 500 Woodward Ave., Ste. 4000 Detroit, MI 48226 (313) 223-3500 eburdick@dickinsonwright.com airvine@dickinsonwright.com Attorneys for Plaintiff

SETTLEMENT AGREEMENT AND RELEASE 1

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This Settlement Agreement and Release (“Agreement”) is entered into between Shawn Brewer, Robin Howard, and Renata Patton (collectively, “Defendants”) and Sharee Miller (“Plaintiff”), including any successors, assigns, parent, or related entities who may have or claim to have an interest in the subject matter of this dispute. Defendants, the State (as hereinafter defined), and Plaintiff (as hereinafter defined) may be referred to jointly as the “Parties.” Plaintiff’s counsel of record are DICKINSON WRIGHT PLLC and attorneys from the AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN.
RECITALS WHEREAS, there has been a dispute between the Parties arising from an alleged violation of Plaintiff’s constitutional rights and resulting in a lawsuit pending in the United States District Court for the Eastern District of Michigan, Southern Division, Case No. 2:15-cv-14164, entitled Miller v. Brewer et al., (“the Lawsuit”). WHEREAS, the Parties desire to enter into this Agreement in full and complete settlement, discharge, and release of all claims which were pled, or could have been pled, in the Lawsuit. WHEREAS, this Agreement is entered into on behalf of Defendants and the State of Michigan, including the State’s departments, divisions, agencies, bureaus, sections, offices, and employees, insurers facilities, departments or attorneys (collectively, “State”) and by Plaintiff and her successors and assigns, and any other
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entity or person who could lawfully make a claim against Defendants or the State of Michigan by or through Plaintiff related to the subject-matter of the Lawsuit.
AGREEMENT SECTION 1 – RELEASE AND DISCHARGE 1.1. In consideration of and upon receipt by Plaintiff and counsel of the payment set forth in Section 2, Plaintiff hereby completely, fully, and without reservation, releases and forever discharges Defendants and the State from any and all claims, demands, obligations, actions, causes of action, rights, damages, costs, losses of service, expenses, legal fees, and compensation of any nature whatsoever, whether based in tort, contract, constitutional violation, or any other theory of recovery, which Plaintiff now has, or which may hereafter accrue or otherwise be acquired, which are related to or based in any way upon the Lawsuit, from the beginning of time through and including the date of the signing of this Agreement. 1.2. This release is fully binding and a complete settlement among the Parties, indemnitors, and their heirs and assigns. 1.3. Plaintiff acknowledges and agrees that the release and discharge set forth above is a general release. Plaintiff expressly waives and assumes the risk of any and all claims for damages which exist as of this date arising out of the incident, which is the subject of the above-captioned matter, but which Plaintiff does not know or suspect to exist whether through ignorance, oversight, error, negligence or
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otherwise, and which, if known, would materially affect Plaintiff’s decision to enter into this Agreement. Plaintiff further agrees to accept payment of the sum specified herein as a complete compromise of matters involving disputed issues of law and fact which are related to or based in any way upon the Lawsuit, from the beginning of time through and including the date of the signing of this Agreement. Plaintiff assumes the risk that the facts or law may be other than as Plaintiff believes.
1.4. It is understood and agreed to by the Parties that this Agreement is a compromise of disputed claims, and the payment is not to be construed as an admission of liability on the part of Defendants, the State, or the State’s employees or agents, by whom liability is expressly denied.
1.5. It is understood and agreed that this is a settlement of disputed claims solely for the purpose of resolving the Lawsuit. The Parties agree that the facts and terms of this Agreement are irrelevant to any other controversy that may be pending between the parties now or at any time in the future.
SECTION 2 - PAYMENT 2.1. In consideration of the release set forth above, the Michigan Department of Corrections (“MDOC”) agrees to pay to Plaintiff the sum of $6,000.00 (six thousand dollars), which will be made within sixty (60) days of entry of final dismissal in this case. The sum will be provided by check made out to
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SHAREE MILLER and will be mailed UPS overnight to Plaintiff at: Women’s Huron Valley Correctional Facility, 3201 Bemis Rd., Ypsilanti, MI 48197.
2.2. In consideration of the release set forth above, the MDOC agrees to give Plaintiff the option of reinstatement as a Prisoner Observation Aide (“POA”) within seven (7) days of entry of dismissal in this case.
2.3. In consideration of the release set forth above, the MDOC agrees to remove any and all records and notations regarding Plaintiff’s termination as a POA in July 2014 within seven (7) days of entry of final dismissal in this case.
2.4. In consideration of the release set forth above, the MDOC agrees to provide mandatory annual training to prison officers and staff at Women’s Huron Valley regarding prisoners with mental health illnesses, and the MDOC will reasonably determine the substance of the training.
2.5. In consideration of the release set forth above, within seven (7) days of entry of final dismissal in this case, the MDOC agrees to revise the POA rules and procedures contract to include:
Confidentiality is very important in prisoner observation. Prisoner Observers may discuss what the assigned prisoner says/does or what is said/done to the prisoner during observation with housing staff on the unit or relief observers (staff or prisoner). Inappropriate sharing of information by the Prisoner Observer about the observed prisoner will be grounds for immediate removal from the job. The Prisoner Observer should report issues or concerns regarding the observed maltreatment by staff in
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writing to the shift command, AND the Warden’s office. All such written reports sent to shift command and the Warden’s office must be maintained in writing in the Prisoner Observer’s prison file. After reporting to shift command and the Warden’s office, the Prisoner Observer may share information regarding an observed prisoner with a governmental agency, corrections ombudsman, health oversight agency, or a state-designated protection and advocacy service pursuant to federal mandate (See DD Act, 42 U.S.C. § 6000 et seq., and the Protection and Advocacy for Mentally Ill Individuals Act, 42 U.S.C. § 10801 et seq.). 2.6. MDOC agrees to secure execution of the revised contract from all POAs. Upon execution of this agreement, the Prisoner Observer will receive training or be provided instruction regarding the confidentiality clause of this agreement. 2.7. In consideration of the release set forth above, MDOC agrees to inform Plaintiff’s counsel in writing when it has completed performance of its obligations under paragraphs 2.2, 2.3, 2.4, 2.5, and 2.6 of this agreement. 2.8. In consideration of the release set forth above, the MDOC agrees to additional pay to Counsel the sum of $60,000.00 (sixty-thousand dollars), which will be made within sixty (60) days of entry of final dismissal in this case. The sum will be provided to Dickinson Wright PLLC via wire to:
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Case 2:15-cv-14164-SFC-SDD ECF No. 119-1 filed 07/26/19 PageID.2079 Page 9 of 13
the execution of this Agreement, providing that the Court shall retain jurisdiction to enforce the terms of this agreement and, in the event of a breach thereof, Plaintiff shall be permitted to re-open the matter to seek immediate enforcement of this agreement and as part of which will recover actual attorney’s fees and costs.
3.2. Plaintiff agrees not to pursue any appeal in the Michigan Court of Appeals, Michigan Supreme Court, Sixth Circuit Court of Appeals, or United States Supreme Court regarding the Lawsuit.
SECTION 4 - MUTUAL UNDERSTANDING OF AGREEMENT 4.1. If there is an ambiguity or question of intent or interpretation, this Agreement must be construed as if drafted jointly by the Parties. No presumption or burden of proof may arise favoring or disfavoring any Party by virtue of authorship of any of the provisions of this Agreement.
SECTION 5 – GOVERNING LAW 5.1. This Agreement must be construed, interpreted, and governed in accordance with the laws of the State of Michigan.
SECTION 6 – ADDITIONAL DOCUMENTS & DUTY TO COOPERATE 6.1. The Parties agree to cooperate fully and execute any and all documents
and to take all additional actions necessary to give full force and effect to the basic
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terms and intent of this Agreement including, but not limited to, dismissal with prejudice of the Lawsuit.
6.2 After the payments specified in § 2.1 and § 2.8, subject to the limitation in § 2.9 are made, Plaintiff agrees to sign documentation confirming only that the payment has been made, if requested to do so by Defendants, MDOC, or the State.
SECTION 7 – ENFORCEMENT OF SETTLEMENT 7.1. It is understood and agreed to by and between the Parties that the Court will retain jurisdiction over this matter for purposes of enforcing this Agreement.
SECTION 8 – ENTIRE AGREEMENT AND BINDING EFFECT 8.1. This Agreement contains the entire agreement between the Parties and any and all discussions, understandings or agreement, whether written or oral, had by the Parties with respect to the subject matter are merged into this Agreement. This Agreement is binding on and inures to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of each. This Agreement cannot be amended without the express written consent of both Parties.
SECTION 9 - SAVINGS AND SEVERABILITY CLAUSE 9.1. If any of the provisions of this Agreement are ever found to be legally unenforceable by a court of competent jurisdiction, all other aspects of this Agreement remain in full force and effect.
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SECTION 10 – TAX CONSEQUENCES 10.1. The Parties make no representations and provide no guarantee or assurance regarding tax consequences of the payments specified in § 2.1 and/or § 2.8 and subject to the limitation in § 2.9. Specifically, payments specified in § 2.1 and/or § 2.8 shall be subject to any offset for liens which the Michigan Department of Treasury is empowered to exercise, for such things as outstanding state or federal income taxes.
SECTION 11 – VOLUNTARY ACT 11.1. The Parties enter into this Agreement voluntarily and without duress, restraint, intimidation, or compulsion. 11.2. The Parties acknowledge that they have read this Agreement in its entirety and have apprised themselves of sufficient information to intelligently decide whether to execute this Agreement. The decision to execute this Agreement is not predicated on or influenced by any declarations or representations not set forth in this Agreement. The Parties understand the terms of this Agreement and have executed it freely, voluntarily, and without duress, restraint, intimidation, or compulsion.
SECTION 12 – HEADINGS 12.1. Headings in this Agreement are for reference purposes only and are not intended to affect the meaning or interpretation of this Agreement.
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SECTION 13 – WARRANTY OF CAPACITY TO EXECUTE AGREEMENT
13.1. Plaintiff represents and warrants that no other person has, or has had, any interest in the claims, demands, obligations or causes of action referred to in this Agreement, except as otherwise set forth herein. Plaintiff further represents and warrants that she has the sole right and exclusive authority to execute this Agreement and receive the sum specified in it. Plaintiff further represents that she has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Agreement.
SECTION 14 – EFFECTIVENESS 14.1. This Agreement is effective as of the last date executed below. Any copy or facsimile of a signature of a party to this Agreement must be treated as, and will have the same force and effect as, an original signature. 14.2. This Agreement may be signed in separate counterparts, which may then be taken together to constitute a complete and binding agreement. 14.3. By signing below, each signatory affirmatively represents that he or she has full authority to sign on behalf of the party for whom signature is made, is fully authorized to bind that party to this Agreement, and has been fully informed about, and fully understands, the terms of this Agreement.
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 Case 2:15-cv-14164-SFC-SDD ECF No. 97 filed 03/27/19 PageID.1829 Page 1 of 5

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Sharee Miller,

Plaintiff,

v.

Case No. 15-14164

Anthony Stewart, et al.,
Defendants. ______________________________/

Sean F. Cox United States District Court Judge

ORDER ADOPTING 3/1/19 REPORT & RECOMMENDATION

Acting through counsel, Plaintiff Sharee Miller (“Miller”) filed this action against

Defendants on November 25, 2015, claiming retaliation under the First Amendment and a claim

under Michigan’s Whistleblower’s Protection Act (“WPA”). Miller, an inmate in the Michigan

Department of Corrections, alleges that her termination from her position as Prisoner

Observation Aide (“POA”) violated Michigan’s WPA and that Defendants retaliated against her

in violation of her First Amendment rights. The action was referred to Magistrate Judge

Stephanie Dawkins Davis for all pretrial proceedings.

After discovery concluded, Defendants filed a Motion for Summary Judgment. In a

forty-two page Report and Recommendation (“R&R”) issued on March 1, 2019, the magistrate

judge recommends that the Court grant the motion in part and deny it in part. (ECF No. 94).

More specifically, she recommends that the Court grant summary judgment in favor of

Defendants as to Miller’s WPA claim because Miller was not an “employee” for purposes of the

WPA and that claim therefore fails. She further recommends that the Court grant summary

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judgment in Defendants’ favor as to Miller’s First Amendment retaliation claim, as to her claim for money damages only, because Defendants are entitled to qualified immunity. She recommends that the Court deny the motion to extent that Defendants seek summary judgment as to Miller’s First Amendment retaliation claim against Defendants in their official capacity.
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a magistrate judge must file objections to the R&R within fourteen (14) days after being served with a copy of the R&R.
Miller filed timely objections to the R&R on March 15, 2019. (ECF No. 96). Miller objects to recommendations as to both counts. A. Objections Pertaining To WPA Count
As to Miller’s WPA Count, Miller asserts that the R&R erroneously concluded that Defendants are entitled to summary judgment as to that count because Miller was not an employee for purposes of the WPA. Miller also objects to the R&R because the magistrate judge did not apply the economic reality test to Miller’s WPA claim and did not address whether Miller’s termination was a pretext for unlawful retaliation under the WPA.
In the R&R, the magistrate judge considered, as a threshold matter, “whether the WPA, which applies to those in an employee-employer relationship as defined by statute, applies to inmates working for pay while in the custody of the Michigan Department of Corrections.” (R&R at 14). She correctly noted that, “in the absence of binding case law from the Michigan Supreme Court, this Court must predict how the state’s highest court would rule on this issue.” (Id. at 14-15). The magistrate judge thoroughly analyzed the issue and concluded that “the Michigan Supreme Court would follow the great weight of case law from around the country
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concluding that statutes applying to the employee-employer relationship simply do not apply to inmates working while incarcerated.” (Id. at 17).
The magistrate judge considered Miller’s arguments regarding the economic reality test but ultimately concluded, as explained in the R&R, that “the ‘economic reality’ of Miller’s job does not suggest a traditional employee-employer relationship. Rather, the fact that she had a job as a POA is based on the MDOC’s penological system and her work has a penological purpose.” (R&R at 21).
As such, she ultimately concluded that Miller was not an “‘employee’ for purposes of the WPA and her claim based on that statute must fail.” (Id.).
This Court concurs with the magistrate judge’s analysis and her ultimate conclusion that Miller was not an employee for purposes of the WPA.
To the extent that Miller faults the magistrate judge for not addressing pretext, that objection is also without merit. Because the magistrate judge concluded that Miller was not an employee for purposes of the WPA, that claim fails and it was not necessary for the magistrate judge to further analyze that claim. B. Objections Pertaining To First Amendment Retaliation Count
As to Miller’s First Amendment retaliation claim, Miller objects to the magistrate judge’s conclusion that Defendants are entitled to qualified immunity. In doing so, Miller asserts that the magistrate judge inappropriately narrowed the “clearly established” constitutional right inquiry.
The Court disagrees. Qualified immunity requires a plaintiff such as Miller “to plead facts making out a violation of a constitutional right clearly established in a particularized sense.
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That is, the right said to have been violated must be defined in light of the specific context of the
case, not as a broad general proposition. See, e.g., Johnson v. Mosely, 790 F.3d 649, 654 (6th
Cir. 2015). Here, Miller drew the right in a too generalized way.
Miller also asserts that the magistrate judge erred in concluding that the four out-of-
circuit authorities relied on by Miller were not sufficient under the standard set forth in Ohio
Civil Serv. Employees Ass’n v. Seiter, 858 F.2d 1171 (6th Cir. 1988). The undersigned
disagrees. The magistrate judge thoroughly analyzed this issue and explained as follows:
The undersigned is not persuaded that a handful of unpublished district court cases from California and the Ninth Circuit establishes the “wide variety of sources” exception to the requirement that a plaintiff must offer authority from this court, the Sixth Circuit, or the Supreme Court to avoid the application of qualified immunity. See Seiter, supra (“For the decisions of other courts to provide such ‘clearly established law,’ these decisions must both point unmistakably to the unconstitutionality of the conduct complained of and be so clearly foreshadowed by applicable direct authority as to leave no doubt in the mind of a reasonable officer that his conduct, if challenged on constitutional grounds, would be found wanting.”). Moreover, these cases are readily distinguishable because they did not involve alleged violations of a confidentiality policy purporting to protect the privacy and health information of other prisoners.
The undersigned agrees with Miller that it is well-established in this Circuit that prison officials generally cannot terminate a prisoner from a prison job based on the exercise of the prisoner’s First Amendment rights. See e.g., Good v. Walworth, 2018 WL 151872 (E.D. Mich. Mar. 27, 2018) (Applying Seiter and concluding that decisions within this circuit and other circuits clearly establish that termination from prison employment in retaliation for protected conduct can constitute adverse action.). Here, however, the appropriate inquiry for purposes of qualified immunity is narrower. The pertinent question before the Court is whether a reasonable prison official would understand that terminating a prisoner from a prison job for violating a confidentiality policy that is, as plaintiff admits, not unconstitutional on its face, is clearly established. There are no cases of appropriate precedential value addressing the rights of a prisoner working as a POA (or in any other capacity) to report alleged abuses outside of the prison. There are also no cases of which the undersigned is aware challenging the constitutionality of the confidentiality provision in the Prisoner Observation Rules and Procedures. Thus, a reasonable prison official would not have known that terminating Miller for violating its confidentiality provision was unconstitutional.
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(R&R at 37-38). This Court agrees that the out-of-circuit cases relied on by Miller do not meet the standard set forth in Seiter.
As such, the Court concurs with the magistrate judge’s conclusion that Defendants are entitled to qualified immunity.
Finally, Miller argues that “[b]ecause the Defendants are not entitled to qualified immunity,” the magistrate judge “erred in recommending that summary judgment on Miller’s claim for monetary damages be granted.” (Objs. at 17). Because this Court concurs with the magistrate judge that Defendants are entitled to qualified immunity, this objection is without merit.
CONCLUSION & ORDER For the reasons set forth above, the Court concludes that Miller’s objections are without merit and ADOPTS the magistrate judge’s March 1, 2019 R&R. IT IS FURTHER ORDERED that Defendants’ Summary Judgment Motion is GRANTED IN PART AND DENIED IN PART. The motion is GRANTED to the extent that the Court grants summary judgment in Defendants’ favor as to: 1) Miller’s WPA claim; and 2) Miller’s First Amendment retaliation claim, as to her claims for monetary damages only. The motion is DENIED to the extent that Defendants seek summary judgment on Miller’s First Amendment retaliation claim against Defendants in their official capacity. IT IS SO ORDERED.

Dated: March 27, 2019

s/ Sean F. Cox Sean F. Cox U. S. District Judge
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 Case 2:15-cv-14164-SFC-SDD ECF No. 119 filed 07/26/19 PageID.2068 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

SHAREE MILLER,

Plaintiff,

Case No. 2:15-cv-14164

v.

Hon. Sean F. Cox

SHAWN BREWER, et al. Defendants.

Magistrate Judge Stephanie Dawkins Davis

AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN Daniel S. Korobkin (P72842) Michael J. Steinberg (P43085) 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6824 dkorobkin@aclumich.org msteinberg@aclumich.org
Attorneys for Plaintiff
Brandon Waddell (P81494) Michigan Dep’t of Attorney General CLEE Division P.O. Box 30736 Lansing MI 48909 (517) 373-6434 waddellb@michigan.gov
Attorney for Defendants

DICKINSON WRIGHT PLLC Daniel D. Quick (P48109) Kathleen A. Cieslik (P80024) Alma Sobo (P81177) 2600 West Big Beaver Rd, Ste. 300 Troy, MI 48084 (248) 433-7200 dquick@dickinsonwright.com kcieslik@dickinsonwright.com asobo@dickinsonwright.com
Emily L. Burdick (P81178) Angelina R. Irvine (P81712) 500 Woodward Ave., Ste. 4000 Detroit, MI 48226 (313) 223-3500 eburdick@dickinsonwright.com airvine@dickinsonwright.com
Attorneys for Plaintiff

PARTIES’ STIPULATION TO DISMISS CASE PER SETTLEMENT AGREEMENT

Case 2:15-cv-14164-SFC-SDD ECF No. 119 filed 07/26/19 PageID.2069 Page 2 of 3

This matter having come before the Court upon the stipulation of Plaintiff

Sharee Miller (“Plaintiff”) and Defendants Shawn Brewer, Robin Howard, and

Renata Patton (the “Defendants”), (collectively, the “Parties”), and the Court being

otherwise fully advised in the premises that the Parties have executed a Settlement

Agreement (Exhibit A) to fully resolve the outstanding claims of the Complaint;

IT IS HEREBY ORDERED that all claims asserted by all parties are

dismissed with prejudice, and without costs to any party.

IT IS SO ORDERED.

This is a final Order which resolves all pending claims and closes the case.

IT IS SO ORDERED.

Dated: July 26, 2019

s/Sean F. Cox Honorable Sean F. Cox United States District Court Judge

I stipulate to the entry of the above Stipulated Order on July 26, 2019.

/s/ Emily L. Burdick
DICKINSON WRIGHT PLLC Daniel D. Quick (P48109) Kathleen A. Cieslik (P80024) Alma Sobo (P81177) 2600 West Big Beaver Rd, Ste. 300 Troy, MI 48084 (248) 433-7200 dquick@dickinsonwright.com kcieslik@dickinsonwright.com asobo@dickinsonwright.com

/s/ Brandon Waddell (with consent) Michigan Dep’t of Attorney General State Operations Division Brandon Waddell (P81494) P.O. Box 30736 Lansing MI 48909 (517) 373-6434 Attorney for Defendants
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Emily L. Turbiak (P81178) Angelina R. Irvine (P81712) 500 Woodward Ave., Ste. 4000 Detroit, MI 48226 (313) 223-3500 eturbiak@dickinsonwright.com airvine@dickinsonwright.com Attorneys for Plaintiff AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGANPP Daniel S. Korobkin (P72842) Michael J. Steinberg (P43085) 2966 Woodward Ave. Detroit, MI 48201 (313) 578-6824 dkorobkin@aclumich.org msteinberg@aclumich.org Attorneys for Plaintiff
DETROIT 99997-1644 1508675v3
3