Michigan Memo

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA, Plaintiff,
v.
STATE OF MICHIGAN, et al.,
Defendants.
Hon. John Corbett O'Meara, Hon. Marc L. Goldman
Civil Action No. 97-CV-71514
UNITED STATES' MEMORANDUM IN SUPPORT OF STIPULATION TO DISMISS
The United States and Michigan have filed a joint Stipulation to Dismiss the case of United States v.Michigan, Civ. No. 97-CV-71514-DT, as the joint expert chosen by the parties has found Michigan in substantial compliance with the parties' Settlement Agreement. The United States files this memorandum in support of the parties' request for dismissal.
Following an investigation initiated in 1994, the United States filed suit in March 1997 under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, alleging, inter alia, that inmates in Michigan's women's prisons were subject to sexual misconduct and invasions of privacy by staff. After two years of litigation, including extensive discovery, the parties executed a Settlement Agreement resolving these matters in May 1999. On September 28, 1999, this Court conditionally dismissed this matter pending Michigan's compliance with the terms of the Settlement Agreement.
The Settlement Agreement provided that the parties' mutually agreed upon expert, Mr. Patrick McManus, would assess Michigan's compliance with the terms of the Agreement approximately three and six months after the parties' execution of the Agreement. Mr. McManus is experienced both in corrections and as an independent evaluator of court-ordered changes. He was formerly Secretary of Corrections for the State of Kansas and Assistant Commissioner of Corrections in Minnesota, and has served as a Special Master and Independent Court Monitor for many United States courts since 1983. The Agreement provided that if Mr. McManus found Michigan to be in substantial compliance with its terms after the final compliance tour of the facilities, the parties would file a stipulation seeking dismissal of this case.(1)
Mr. McManus toured Scott and Crane Correctional Facilities on August 23-27, 1999 and December 710, 1999. During these visits he spoke with staff and inmates, reviewed documents and observed physical plant changes. He conducted additional meetings with staff and reviews of documents in Lansing on November 2-3, 1999. Attorneys for the United States and the State of Michigan accompanied and participated with Mr. McManus on these tours. In between these visits, the United States reviewed and provided recommendations on draft policies, procedures, training and education materials, reviewed other compliance documents and remained in contact with representatives of the State of Michigan. In his report, Mr. McManus finds Michigan to be in substantial compliance with the

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Settlement Agreement.(2) The following provides an overview of actions taken by Michigan that led to Mr. McManus' finding of substantial compliance.
MDOC Policies and Procedures: MDOC implemented significant new policies and procedures in the course of the compliance period. MDOC issued two Director's Office Memoranda (DOM's) incorporating provisions of the Settlement Agreement into policy. In addition, MDOC issued a policy variance temporarily halting pat searches by male officers through February 2000 (Michigan has not yet announced its new plans regarding pat searches), amended work rules to incorporate the Agreement's definitions in prohibiting sexual misconduct, sexual harassment and overfamiliarity, amended investigation policies and checklists to incorporate more precise outcome definitions and require completion of new tasks, and created a formal procedure for conducting criminal and domestic violence checks of officers. At the institutional level, wardens issued memoranda explaining how the new knock and announce requirements were to be implemented, outlining procedures for increased rounds of secluded areas and controlled access to other areas, detailing how the limitations on male officers being alone with female inmates would operate, and incorporating some of these provisions, where appropriate, into the education program's rules. Michigan incorporated many of the suggestions offered by the United States.
Pre-Employment Screening: An important change in Michigan's hiring procedure was the institution of more extensive pre-employment screening, including checks for domestic violence history and five years of employment background. MDOC also agreed to check current staff every five years for criminal and domestic violence records. MDOC has implemented the required enhancements of its screening of both new staff candidates and continuing staff, and conducted screening of all existing staff ahead of the required schedule.
Staff Training: During the summer, MDOC conducted a new training for all staff introducing them to the Settlement Agreement and highlighting prohibitions of sexual misconduct, sexual harassment and overfamiliarity. During the compliance period, staff were also trained in implementation of the knock and announce policy and retrained in performing pat search and clothed body searches.
In the coming year, MDOC has committed to requiring all staff to attend six hours of training on sexual harassment, sexual misconduct, overfamiliarity and new policies, and will be revising the 40-hour program it conducts on Critical Issues in Managing Female Offenders. MDOC has committed to maintaining current, complete training on these subjects in the future. Michigan incorporated many of the suggestions offered by the United States and preserved some suggestions for future program revisions.
Inmate Education: A major component of the Settlement Agreement was the education of inmates in identifying, preventing and reporting improper staff behavior. MDOC created a new brochure for inmates entitled "Appropriate and Inappropriate Staff and Prisoner Interactions: A Guide to Sexual Misconduct Prevention and Intervention." MDOC provided this booklet to inmates and gathered them for oral presentation of the material as well. MDOC also incorporated this material into the prisoner orientation program to educate new inmates about this subject matter as they enter the women's prison system.
MDOC also created posters placed around the institution reminding staff, inmates and visitors that sexual misconduct and harassment are prohibited and encouraging reporting of improper conduct. Copies of the Settlement Agreement are available in the law libraries at Scott and Crane.
Facilitation of Reporting: MDOC has hired a Special Administrator, Ms. Nancy Zang, who has been

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instrumental in the implementation of the Settlement Agreement. The Special Administrator has made herself available to inmates, both conducting random interviews and following up on correspondence sent to her. She has attended meetings of the Warden's Forum, the inmates' representative body at each facility, to share information about developments, fine-tune the inmate education program, and encourage inmates to report misconduct. The new computer tracking system gathers sufficient information for the Special Administrator to monitor complaints about misconduct and take action where she deems it appropriate.
MDOC has promoted confidentiality in the reporting process by communicating to staff and inmates through written and verbal means the importance of maintaining confidentiality and the willingness of MDOC to discipline those who compromise confidentiality of investigations. MDOC has added to investigators' instructions a requirement to advise all witnesses about the importance of confidentiality during the course of investigations.
In addition to maintaining its prohibition of retaliation and reinforcing this policy through training, MDOC has created a new committee at each facility that will examine grievances, critical incident reports, misconduct tickets, kites and any other available information and report to the warden if there is evidence of retaliation.
Investigations: The Settlement Agreement aimed to improve investigation of sexual misconduct allegations. Allegations of sexual misconduct are investigated by staff in the Office of Internal Affairs, a central MDOC office outside the facilities, and occasionally by the institution-level Inspectors. These investigators have all received three days of specialized sexual misconduct investigation training, and have also completed Basic Detective School, in which sexual misconduct investigations are among the special issues addressed. Allegations that could constitute criminal acts are referred to the Michigan State Police as well.
Allegations of sexual harassment, overfamiliarity, retaliation, and violations of knock and announce and one-on-one prohibition policies are typically investigated by staff at the facilities, with more serious incidents investigated by Inspectors, and other incidents investigated by a variety of supervisory staff. Only those staff members who have completed MDOC's Sexual Harassment Investigator Training Program and Critical Issues in Managing Female Offenders will be appointed to investigate these grievances. MDOC has committed to completing a new training program, Advanced Techniques for Investigating Grievances of Women Prisoners, early in 2000.
MDOC has temporarily reassigned employees to posts without inmate contact when they have been accused of sexual misconduct and investigations are proceeding. Mr. McManus conducted reviews of both open and closed investigations in determining that MDOC was in substantial compliance with the many requirements of this section.
Minimization of One-on-One Situations: MDOC policy now prohibits male staff from being alone with female inmates except in situations of emergency, medical care, counseling, questioning during investigations, and reporting of confidential information. Supervisors have analyzed individual circumstances and locations at the facility to provide guidance to staff on implementing the policy in specific situations.
Secluded Areas: MDOC has made a number of physical plant changes both to limit access to some spaces and increase observability in others. MDOC re-keyed or installed new locks, the keys to which are now only available from a shift commander. MDOC now seals other areas such as classrooms every night with specially numbered tabs that would reveal any entry into such areas. Staff have rewired some

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offices and classrooms so that they are now lit continuously. They have retrofitted other areas with convex mirrors so that security officers conducting rounds can see into far corners. MDOC has replaced many doors with screens or cut windows in the doors. Management has given guidance to supervisors to increase the frequency of their rounds in some parts of the institutions.
Inmate Clothing: The Settlement Agreement required Michigan to create a standard institutional dress code. Michigan has chosen to institute a requirement that all inmates wear uniforms.
Random Interviews and Exit Interviews: The Special Administrator and other senior staff have instituted a program of random interviews of inmates to discuss the topics addressed in the Settlement Agreement. Staff have also conducted exit interviews. Staff have referred allegations of misconduct for appropriate response.
Post-Investigation Management Review: The Sexual Assault/Sexual Misconduct Review Committee has continued to meet to review all sexual misconduct investigations and make recommendations on findings. The committee has at times made recommendations for improving investigations and providing additional training to officers.
Files: MDOC has created a new computer system, the Allegation, Investigation and Personnel Action System (AIPAS). Staff have been trained in its various uses so that senior administrators can track the course of complaints and investigations, investigators can search for prior allegations and reports of activity can be created. This system and the Personnel Department's computer system will both be queried before accepting rehires.
Staffing: MDOC commissioned a staffing study by Securicor, which examined staffing options to increase the presence of female officers in the housing units. MDOC has decided to eliminate the presence of male officers in the housing units and other selected areas.
Staff Discipline: During the settlement compliance period, MDOC terminated or otherwise disciplined a number of officers found to have violated policies covered by the Settlement Agreement. Notations in officers' files show that those who were fired or resigned in lieu of termination are ineligible for rehire.
Inmate Psychological Services: Staff assigned to investigate allegations of sexual misconduct and sexual harassment now are instructed to offer psychological services to those inmates covered by this provision. A form confirming the offer of services has been created so that the offer and inmate's decision whether to accept services can be verified.
Inmate Discipline: MDOC has standardized the definitions for the outcomes of investigations and has added new outcome options. MDOC has also instituted a process whereby senior central office staff review and may supersede all recommendations that misconduct tickets be written for making unfounded allegations.
Knock and Announce Policies: An important feature of the Settlement Agreement required implementation of a "knock and Announce" policy to promote inmate privacy unless security concerns dictate otherwise. MDOC has trained male officers to announce their presence prior to entering areas where they may be able to view inmates in a state of undress. Staff analyzed circumstances in the various segregation wings of the facilities to determine what privacy accommodations could be adopted reasonably and safely in segregation.
Pat Down Searches: MDOC enacted a temporary halt to pat searches by male officers at Scott and

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Crane, absent exigent circumstances, until February 2000. During that time period, staff were retrained in conducting pat searches and clothed body searches, and management evaluated the five pat search per day requirement. MDOC has not yet announced a determination as to whether males will resume pat searches or whether the pat search quota will be eliminated.
Screening of Inmates Regarding Past Histories: MDOC revised its intake screening questions regarding physical and sexual abuse history.
Quality Assurance: MDOC created quality assurance plans to monitor its hiring process, staff training, inmate education and investigations for ongoing compliance with the Settlement Agreement.
Conclusion
For the foregoing reasons, the United States requests that the Court grant the parties' stipulation to dismiss this case.
Respectfully submitted,
Saul Green United States Attorney Eastern District of Michigan
Bill Lann Lee Acting Assistant Attorney General Civil Rights Division
Steven H. Rosenbaum Chief Special Litigation Section
Mellie Nelson Deputy Chief Special Litigation Section
Shanetta Y. Brown Cutlar Dana L. Shoenberg Mark Masling Trial Attorneys Special Litigation Section Civil Rights Division U.S. Department of Justice P.O. Box 66400 Washington, D.C. 20035-6400 (202) 514-0195 Attorneys for United States
Dated: March 7, 2000

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1.The Settlement Agreement is attached as Exhibit 1 to this memorandum. Section XV of the Settlement Agreement contains its termination provisions.
2. Mr. McManus' report is attached as Exhibit 2.

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 Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 1 of 30

UNITED STATES DISTRTCT COURT EASTERN DISTRTCT OF MICHlGAN
SOUTHERN DIVISION

LlNDA NUNN, et aI, Plaintiffs,
v. MTCHIGAN DEPARTMENT OF CORRECTIONS, ct aI,
Defendants.

Case No. 96-CV-71416-DT
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Deborah A. LaBelle (P31595) A ttomey fbf Plaintiffs Suite 300 221 N. Main Street Ann Arbor, Michigan 48104 (734) 996-5620

Frank J. Monticello (P'\('1i91) Assistant Attorney General Attorney for Defendants Corrections Division P.O. Box 30217 Lansing, Michigan 48909 (517) 335-7021

DEFENDANTS' MOTION FOR FULL UNCONDITIONAL DISMISSAL PURSUANT TO THE FEBRUARY 19, 2003 STIPULATION BETWEEN THE PARTIES
Defendants, through their attorneys, Michael Cox, Attorney General for the State of
Michigan, and Frank.1. Monticello, Assistant Attomcy General, file this motion for full
ullconditional dismissal with prejudice oflhis action pursuant to the Fcbrnary 19, 2003
stipulali(ln between the parties, stating in suppOtt thereof:
1. The parties entered into a "Stipulation for Partial Unconditional Dismissal" of this
aClion tiUl! was filed with the Court on February 19,2003. (AUachmentl). That stipulation ~tated in relevant part:
Based 011 the Agreement and the stipulalion of the parties, the Court entered an order of conditional dismissal on August 17,2000. On December 5, 2002, the

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 2 of 30
compliance expert submitted a final report concluding that the Defendants have substantially complied with all of the requirements of the Agreement. However, because the Defendants are con tinning their efforts to staff housing nnits with female oflicers pursuant to part IX(A) of the Agreement, that portion of the Agreement remains snbject to compliance monitoring for a period not to exceed twelve months. [Emphasis added.] 2, Pursuant to the parties' Stipulation for Patiial Unconditional Dismissal, the Cour( entered an Order (Attachmcnt2) dismissing all aspects of this action except (hat portion related to part IX(A) oflhe Agreement, related to staffing housing units with female officers. 3. The Final Report oithe Compliancc Expert dated December 3, 2002 (Attachment 3), specifically addressed Section IX of the Settlement Agreement related to staffing and fOllnd the Depar(ment had complied adding the following comment: During the monitoring period, the MDOC has continued to make a good faith ctYort to liml( the assignment of staff in facility housing units to female otIiecrs. Their position in the Everson ~ase, cited above, is consistent with that announced intentioll. Since Rversol1 is currently on appeal to the Sixth Circuit, the MDOC's efforts are ongoing and, therefore, the monitoring will be extended as to this issue only for not more tll<m two additional sixth 111<l11th periods. 4. Oral argument in Everson 11 Michigan Dept. ofCorrecliol1s, el ai, Sixth Circuit Court of Appeals Nos. 02-2028, 02·2033, 02·2084, took place on February 4, 2003 and the parties are awaiting the Court's decisi(l11. The essential issue before the Sixth Circuit is whetller the District Court erroneously detennined that there was 110 justification for a blanket ban on employment of male corrections officers in the female prisons in Michigan. 5. Well over twelve months have passed since the parties agreed to (he Stipulation for Partial Unconditional Dismissal that ~pecitically provides that that the Agreement remains subject to complaint monitoring filr a period not to exceed twelve months. Thus, this case ~hould be dismissed completely lInd unconditionally with prejudice.
2

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6. Defense counsel proposed a stipulation and order to Plaintiffs' counsel to avoid lhe necessity of filing this motion, but she refused 10 enter inlo the stipulation. (See Attachment 4).
WHEREFORE, Defendants respectfully request that this Court entcr a11 Order for Full
Unconditional Dismissal with prejudice. Respectihlly submitted, Michael A. Cox Attorney General
0/ /"V2-;/J--::U
Frank .T. Monticello ('69;)
Assistant Attorney General Attorney]!)r Defendants Corrections Division
P.O. Box 30217 Lansing, Michigan 48909 (517) 335-7021
Dated: October 27,2004
MOllticello\] "N6052002A N\l1111\Setll~\Pldgs\Mo( Full f)i~111iSS\11
3

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LINDA NTJNN, ct aI,
Plamtiffs,
v.
MICHIGAN DEPARTMENT OF CORRECTIONS, et aI,
Defendants.
Deborah A. LaBelle (P31595) A!lomey for Plaintin,;; Suite 300 221 N. Main Street Ann Arbor, Michigan 48104 (734) 996-5620

Case No. 96-CV-71416-DT

W
Frank J. Monticello (P3ii(;93) Assistant Attorney General Attorney for De i'end,mts Corrections Division P.O. Box 30217 Lansing, Michigan 48909 (517) 335-7021

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BRIEF IN SUPPORT OF DEFENDANTS' MOTION FOR FULL lINCONDITIONAL DISMISSAL PURSUANT TO THE
FEBRUARY 19. 2003 STIPULATION BETWEEN THE PARTIES Defendants rely upon the Stipulation for Partial Unconditional Dismissal and Order filed in this Court on February 19,2003 (see Attachment 1 to Defendants' Motion) and the Final Report (If the Compliance Expelt (sec Allachment 3 to Defendants' Motion). As noted in tIle Defendants' Motion for Full Unconditional Dismissal, the Stipulation spccillcally provides that the portion oflhe Agreement that remained opened after Fcbmary 19,2003 "remains subject to compliance monitoring for a period not to exceed twelve months." Ninetecn months have passed since that Order was fIled. Since the parties agreed that (his case was to close <lfier twelve months, it should 110W be dismissed in its entirety.

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WHEREFORE, Defendants respectfully rcquestlhat this Court enter an Order tor Full

Unconditional Dismissal, with prejudice.

Respectfully submitted,

Michael A. Cox

Attorney General

7- /-"7 .,..-, L

C>',..~,~:;:...r.-z-.·.~.u

Frank J. Monticello (P36693) Assistant A!lomey General Attorney f(Jr Defendants C01Teetions Division P.O. Box 30217 Lmlsing, Michigan 4890l) (517) 335-7021

Dal"d: October 27, 2004
MnntiC·C]](1\19960S2002A NlUltl\Sdlle\Pldg$\Brf S,LPP MOl Full Il)smiss.tl

2

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Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 7 of 30

UNITED STATES DISTRlCT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LINDA NUNN, et ai.,

ATTORNEY GENERAL CORRECTIONS DIV1SI ON
FEB 20 2003
ASSIGNED TO;

Plaintiff,
v.

Case No. 96-CV·71416-DT Honorable Jolm Corbett O'Meara

MICHIGAN DEPARTMENT OF
CORRECTIONS, et. al.,

_____D_e_fe_nd_a_nt_s._____________--JI

FEB e 1, ::'

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STIPULATION FOR PARTIAL UNCONDITIONAL DlSMis~'U::I;;",.> ,,_ .. ". r

The parties entered into a Settlemcnt Agreemcnt (hereinaller dIe "Agreement") in July 2000 calling for Defendants' substantial compliance with the terms ofthe Agreemen,t, and evaluation ofcompliance efforts by an independent compliance expert. Based on the Agreement and the stipulation ofthe parties, the Court entered an order of conditional dismissal on August 17,2000. On December 5,2002, the compliance expert submitted a final report concluding iliat fue Defendants have substantially complied with all of the rcquirements of the Agreement. However, because Defendants are continuing their efforts to staff housing units with female .ofiicers pursuant to part 1X(A) of tile Agreement, that portion ofilia Agreement remains subject to compliance monitoring for a period not to exceed twelve months.
Therefore, pursuant to the Agreement, the parties move for entry of an Order unconditionally dismissing with prejudice all aspects of tbis action pertaining to the Michigan Department of Corrections, KerUleth McGinnis, Director of Michigan Department of
Corrections; Joan Yukins, Sally Langley, Tem Huffman, Carol Howes, Robert Salis; Cornell
Howard, Roderick Robey, Stanley Dorn, Erwin Richardson, l,eroy Watson, Roosevelt McCombs, Gerald Simmons, Anthony Norris, 10hn Derrickson, Thoma~ Hauk, Burke

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 8 of 30
Cunningham, Harry Herrington, Maurice Steward, and Ronald Butters, except that portion of the Agreement related to stafting llOUSing units with female officers. The parties also respectfully request that the Court continue the case on its inactive docket while retaining jUrisdiction over the remainder of the ease until final unconditional dismissal is entered. Nothing in this Agreement shall prevent Plaintiffs from pursuing judgments of default or from collecting judgments from the remaining Defendants.

Deborah eUe (P31595) ~ """HY"'.\l\\';:'''''''.
Molly H. Reno (P28997) Attorney for Plaintiffs 221 North Main Street, Suite 300 Ann Arbor, MI 48104 (734) 996-5620

Lansing, MI 48909 (517)335-7021

M.",.\1996052002A Nunn\Pldg.;\Stip Partial Di,miss.l 010303

2

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Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28, /2004 Page 10 of 30
i

UNITED STATES DISTRICT COURT EASTERN DISTRlCT OF MICHIGAN
SOUTHERN DIVISION

LINDA NUNN, et. aI., Plaintiff,
v.
MICHIGAN DEPARTMENT OF CORRECTIONS, et. al.,
Defendants,

Case No. 96-CV-71416-DT Honorable John Corbett O'Meara

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,

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FEB 1

ORDER

Having read and considered the parties' Stipulation for Partial Unconditional Dismissal,

Mi'd good cause appearing therefore, the Court hereby unconditionally dismisses with prejudice

all aspects ofthis action pertaining to the Michigan Department of Corrections, Kenneth

McGinnis, Director of Michigan Department of Corrections, Joan Yukins, Sally Langley, Tern

Huffinan, Carol Howes, Robert Salis, Cornell Howard, Roderick Robey, Stanley Dorn, Erwin

Richardson, Leroy Watson, Roosevelt McCombs, Gerald Simmons, Anthony Norris, Johrl

Derrickson, Thomas Halik, Burke Cunningham, Harry Herrington, Maurice Steward, and Ronald

Butters, except that portion ofthe Agreement; Pait IX(A), related to staiflllg housing uilits with

female officocs. Nothing in this Order shall prevent Plaillti/fs from pursuing judgments of

default or collectingjudgments from the remaining Defendants.

IT IS ORDERED that the Clerk of the co.~rtll~all place this case on inactive status, and

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((C_.~·~v~..JLt.J..ac,,"-

nited States District Judge

M.tu,\1996052002A Nunn\Ordcr Pani.1 Dismissal 010303

1
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1
1 1 1 1 I 1
1 1 1 1
1 1

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Linda Nunn, et ai, Plaintiffs, v.
Michigan Department ofCorrections, et ai, Defendants (USDC~ES No. 96-CV-71416-DT)
SETTLEMENT AGREEMENT
Final Report of the Compliance Expert
Summary
This report provides the compliance expert's assessment of the Michigan Department of Corrections' (MDOC) compliance with the provisions of the Settlement Agreement, which was incorporated into the Court's Order of August J7,2000. The Settlement Agreement required the MDOC to implement a wide range of initiatives aimed at rooting out sexual misconduct, sexual harassment, and retaliation in the women's facilities.
The facilities now covered by the Settlement Agreement include the Scott Correctional Facility, the Western Wayne Correctional Facility, Camp Brighton,
and the Grand Rapids Corrections Center. The Pontiac Corrections Center was
originally included in the Agreement but has since been closed. Also, the Florence Crane Facility and Camp Branch no longer house women and are, therefore. subject to the Agreement only to the extent that there may be unresolved issues arising from their fonner status as women's prisons.
This report follows the organization and numbering of the Settlement Agreement.
Section I of the Settlement Agreement provides definitions, and Sections XlII through XV deal with procedural issues relating to the Agreement itself. Section XIII also describes the role and functions of the compliance expert, which includes the preparation of two reports, an interim report midway through the monitoring period and this final report.

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10r""/28' /2004 Page 13 of 30 'i.'"
Sections n through XIII of this report describe the MOOC's compliance
with the specific, substantive requirements of the Settlement Agreement. The reader will note that the compliance expert fmds the MDOC to be in substantial compliance with the requirements ofeach of the substantive sections of the Settlement Agreement. Nonetheless, the Settlement Agreement provides for a temporary and limited extension ofthe monitoring period. Please see Section IX. A. of the Settlement Agreement and the "Comments" in Section IX of this report.
After reviewing the provisions of the Settlement Agreement and carefully considering the information gathered during the monitoring period and the written documentation provided, the compliance expert fmds the Michigan Department of Corrections to be in substantial compliance with the tenns of the Settlement Agreement cited in the Court's Order of conditional dismissal, dated August 17, 2000.
The remainder of this report addresses the specific requirements of Section II through XIII of the Settlement Agreement. Some compliance indicators will be listed in each section.
Section U. POLICIES AND PROCEDURgS PROHIBITING SEXUAL MISCONDQCT
The MDOC was required to develop a single policy which covered the prohibitions against sexual misconduct, sexual harassment, and retaliation and which described reporting mechanisms, investigation procedures, and discipline concerning the prohibited behaviors included in the Agreement. The policy was also to describe the related counseling and education available to prisoners.
Compliance Indicator:
Policy Directive 03.03.140, (PROHIBITED CONDUCT IN FACILITIES HOUSING FEMALE PRlSONERS), was promulgated on December 11,2000, and remains in effect. It covers all of the areas required by the Settlement Agreement and was issued in a timely fashion.
STATUS: Compliance
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ru. §ec!ioo SCREENING OF JOB APPLICANTS AND CURRENT STAFF
This section requires thai a number 0/specific background checks and
inquiries be conducted he/ore a staffperson is assigned to a position involving contact with prisoners. In addition, the WOC mustperform LEIN (Law Enforcement Information Network) checks regarding criminal history and protective order information/or all staffevery five years, and must develop written procedures for staffplacement in contact positions.
Compliaose IgdisatoQ
PoHcy Directive 03.03.140, especially Paragraph L. M, N, 0, P, and Q.
Policy Directive 02.06.111 regarding employee screening and evaluation.
Policy Directive 02.06.110 regarding controlled substance testing
8/28/00 Memorandum from Administrator Bauman to Deputy Director Bolden re: criminal history checks
1110S/00 Memorandum from Bauman to Deputy Director
Steinman re: criminal history checks
02/26/01 Memorandum from Personnel Director Manns to Special Administrator Nancy Zang re: audit results of pre-employment hiring practices at Crane, Scott and Western Wayne.
03/26/01 Memorandum from Zang to Warden Stovall re: personnel audit.
04/30/01 Memorandum from Director Martin to Steinman and Bauman re: criminal history checks
06/29/01 Memorandum from Zang to Yukins and Stovall Re: criminal history checks required by P.D. 03.03.140
07/23/0 Memorandum from Bauman to Bolden re: criminal history checks (SCF 5, 10, 15, or 20 year anniversary)
02/21/02 Memo from Bauman to Bolden re: criminal history check (SCF: transferring; employees)

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4/26/02 Memorandum from Manns to Zang re: audit results of preemployment hiring practices 6118102 Memo from Lopez to lang re: employment history verification for January 2002 transfers 7/8/02 Memorandum from Administrator Pitcher to Zang re: screening of contractual substance abuse and health care staff 7/26/02 Memo from Bauman to A/Deputy Director Johnson re: criminal history checks (WCF: 5, 10, 15, and 20 year anniversaries.) STATUS: ComnJiance.
Comment: The information requested in the Interim Report has been
provided.
Section IV, STAFF TRAl.NlN!;t Sub-section A. Basic Training on Working with Prisoners
The Settlement Agreement directed that an independent consultant, agreed to by the parties, review the existing curriculum and training materials, observe
the training and, ifnecessary, make recommendationsfor changes or additions.
Paula M Schaefer was selected as the consultant on stqjJ training and completed her work. A briefsummary ofherfindings was included in the interim report.
Compliance Indicators Consultant's Report and Recommendations. April. 2001 "Critical Issues in Managing Women Offenders", Training schedules from July 2000, through May 2002 for the 40-hour training program for new hires and transfers into women's facilities.
4

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2/1/02 Letter from N. Zang to compliance expert with enclosures describing "Critical Issues in Managing Women Prisoners, 2002 Update."(This is a four-hour, in-service update delivered as required training at Scott, Western Wayne and Camp Brighton.)
"Critical Issues in Managing Women Prisoners", Student evaluations and questions, February 8, 2002.
Minutes of Female Offender Training Advisory Council, held 2/4/02
STATUS: Compljance
Comment: After useful discussions among the parties, the consultant and the compliance expert, the consultant's recommendations were accepted and modifications made sufficient to make a detennination that there is substantial compliance with this section of the Settlement Agreement.
~ub-se£tion B. Invtstig:ator Training
The Serrlement Agreement directs that an independent consultant, agreed to by the parties, will review the existing curriculum and training materials for facility staffresponsible for investigating allegations ofsexual misconduct, sexual
harassment, or retaliation, will observe the training, and will, ifnecessary, make
recommendations for changes or additions. John Sura was selected as the consultant on Investigator training and has completed his work
Compliance Indicators
June 5, 2001, Consultant's Final Report and Reconunendations
Investigating Complaints of Gender Basii'd Mi~conduct Trainer's Manual, February 2002 Participant's Manual, February 2002

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 17 of 30
Investigating Gender Based Misconduct Objectives for Seminar, 03/06/02 to 03/08/02 Summary of participant evaluations for Seminar
STAIUS: CompUan;e
Sub-section 8. 4. SPesialized Training for Medical and Menbll Health Staff
The Settlement Agreement directs that an outside consultant with expertise in sexual assault intervention and crisis counseling provide specialized training/or all/acility medical and mental health staffwho may receive aprisoner's complaint ofsexual misconduct. The Violence Against Women Training Institute ofPlymouth. Michigan, was selected as the consultant and has been providing tbe specialized training.
Compliance Indicator
August 17, 2000; "Domestic Violence and Sexual Violence Seminar." Presented by Violence Against Women Training Institute.
lune 26, 200 I: Specialized training for health care staff, provided by Violence Against Women Training Institute.
July 26, 2001: Participant Handbook, "Sexual Assault Specialized Training" provided for health care staff, Resident Unit Managers and Assistant Resident Unit Supervisors.
October 1,2002: Summary ofparticipant evaluations, Domestic Violence and Sexual Assault Specialized Training conducted for medical and mental health care staff.
§TATUS: Comoliance
Section V. Prisoner Education

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 18 of 30
The Settlement Agreement directs that an independent consultant, agreed to
by the parties, will review the existing training and related materials for prisoner
education, observe the prisoner education training and, ifnecessary, maks
recommendations for changes or additions. Brenda Smith was selected as the consultant on prisoner education and has completed her wort
Compliance Indicaton
Consultant's Report and Recommendations, June 21, 2001
Schedule and dates of prisoner education classes, "Appropriate and Inappropriate Staff and Prisoner Interaction", from August of 2000 through July of2002
Prisoner evaluations of "Appropriate and Inappropriate Staff and Prisoner Interaction", November and December 2002 and January 2003.
Revised Prisoner Brochure: Identifying and AddreSSing Gender-Based Misconduct, A GUidefor Women Prisoners, February 2002
Spanish Version, Identifying and Addressing Gender-based Misconduct, February 2002
Fonns for prisoner completion: Class Evaluation Fonn (no signature or number required) Clarification Request Fonn (requires signature, number and date)
Identifying and Addressing Gender-Based Misconduct, Instructor's Guide, (Revised May 2002)
MDOC Field Operations Administration Brochure: Identifying and Addressing Gender-Based Misconduct, A Guidefor Women Prisoners. April 2002 (addendum)
STATUS: Compliance
Comment: After useful discussions among the parties, the consultant and the compliance expect, the consultant's recommendations were accepted and
7

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 19 of 30
modifications made sufficient to determine that the MDOC is in substantial compliance with this section of the Settlement Agreement.

Section VI. Consultants

The Settlement Agreement makes provision/or the consultants discussed above.

Cgmpliance Indicators

The consultants were selected and contracts issued; they met with the parties

and were provided with requested materials. The consultants have completed

their work, submitted reports and recommendations, and the MDOC has

bome the cost.

.

STATUS: Comgliance

Comment: Although there was resistance to some of the recommendations
initially, the involvement of the consultants and their recommendations has been very helpful in moving toward compliance. The MDOC's cooperation in complying with this section of the Agreement was equally important

S,£ctjon VII. PREYENTION OF PROHIBITED CONDUCT This report will address separately each ofthe three topics in thiS section.
~ub·section A. Minimw-tjon of One on One Situations
The Settlement Agreement requires a written procedure restricting male staff from being alone withfemale prisoners in one- on- one situations where they are
not clearly visible to others. It notes some exceptions.
Compliance Indicators
Policy Directive 03.03.140, Paragraph II

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 20 of 30
Memoranda from wardens or managers at all covered facilities re: minimization of one-oil-one situations
Verification from wardens of each CFA facility and the FOA Deputy Director that operating procedures supporting that policy are in place.
Slj\,TUS: ComRLiAnce
Sub-s£dion B. Minimization of Access to Secluded Areas
The Settlement Agreement directs that MDOC will fake reasonable measures to eliminate prisoner access to areas that are not necessaryfor the operation ofthe facility or center. Since these secluded areas are peculiar to each facility, the compliance determination was made separately for each facility.
scorr CORRECTIONAL FACILITY: Many physical plant modifications
were made at Scott in order to bring it into compliance with similar requirements of the USA v. MOOC settlement agreement. The compliance expert's inspections in this case confinn that those modifications remain in place, along with operating procedures that provide for compliance with the requirements of this Section.
STATUS; Compliance
WESTERN WAYNE CORRECTIONAL FACILITY: The compliance expert's inspections confinn that the physical plant changes necessary to come into compliance with this Section have been completed. Corresponding operational procedures are also in place
STATUS: Compliance
CAMP BRIGHTON: The new construction and re-modeling at Camp Brighton have been responsive to the concerns raised in the Section and, therefore, the facility is in compliance.
STATUS: Compliance

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 21 of 30
GRAND RAPIDS CORRECTIONS CENTER: The proposed modifications to the Grand Rapids Center, which were described in the compliance
expert's Interim Report, have been accomplished. Recent inspections
confirm that those physical plant changes remain in place along with operating procedures necessary to sustain compliance with this Section.
STATUS: Compliance
PONTIAC CORRECTIONS CENTER: Since the Interim Report, the Pontiac Corrections Center has been closed and no longer houses MDOC prisoners.
Sub-section C. Sexual Misconduct Files
The Settlement Agreement requires that the MDOC maintain a tracking system to store allegations and information relating to prohibited behavior and that data in the system be retrievable by using a number of key identifYing characteristics. It also requires that the system be queried prior to accepting rehires, and that quarterly searches ofthe system will
trigger certain responses to existing staft. ifappropriate.
Compliance Indicatoa
Policy Directive 03.03.140. Paragraph CC. And D.D.
Reports generated from the AlPAS automated tracking system for the period from August 1,2000, through the present.
Random queries of AIPAS to assess the system's ability to match verified information obtained from other sources.
Results of quarterly search of the tracking system for staff member with more than two gender-based misconduct allegations, April 25, 2002
Gender-Based Misconduct Analysis, by Dr, Carole Rankin, August 28,2002.
10

C,j· Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 22 of 30 "., "
STATUS: Cpmpliance Cotnmen/: The AlPAS tracking system has been in operation for the
entire monitoring period of this Settlement Agreement. The system has proven its value during this monitoring period and can continue to provide MDOC with information necessary to head off problems like the ones that led to this litigation. The compliance expert is satisfied that the tracking system contains reliable and valuable information for managers wise enough to use it.
. vm. PAT DOWN SEARCHES
Absent exigent circumstances, the Agreement allows pat down searches offemale prisoners byfemale officers only during an evaluation period.
Comt"!liance Indicators:
Policy Directive 03.03.140, Paragraph MM. 11l06JOO: memorandum from Glen Gomery to all staff and prisoners (Grand Rapids) re: pat down and clothed body searches STATUS: Complianc~ Comment: The policy and practice continues of having only female officers conduct pat down searches of female prisoners.
Section IX: STAFFING ISSUES
The Settlement Agreement requires the MDOC to make a goodfaith effort to limit the assignment ofstajfin facility housing units to female officers. It also requires a "knock and announce /I policy, the logging in of male officers who enter housing units, the assignment ofat least one female
I J

Case 2:97-cv-71514-JCO-MLG Document 90 FiledC":,,1:·,"""~"0',.,,I!/"28/2004 Page 23 of 30
officer to transport/emale prisoners, andprovisions/or maintaining prisoner privacy on medical runs and during showering, dressing, and using the toilet.
Compliance Indicators:
Policy Directive 03.03.140, Paragraphs KK., LL., NN., and PP.
AIPAS reports documenting status of(Category 17) grievances.
Roslyn Everson, et al. v MDOe, et al. USDC-ES Case No. 00·73133
STATUS: Co!pplianse
Comment: During the monitoring period, the MDOC has continued
to make a good faith effort to limit the assignment of staff in facility housing units to female officers. Their position in the Everson case, cited above, is consistent with that announced intention. Since Everson is currently on appeal to the Sixth Circuit, the MDOC's efforts are ongoing and, therefore, the monitoring will be extended as to this issue only for not more than two additional sixth month periods.
Section X: FACILITATION OF PRISONER AND STAFF REPOR1]NG OF ALLEGATIONS QF ~EXUAL MISCONDUCT, SEXUAL HARASSMENT AND RETALIATION
In order to encourage prisoners to report prohibited conduct, this
section 0/the Agreement provides/or the placement 0/a limited access,
lockEd box at the facilities and centers for confidential written reports, and requires the MDOe to takE other reasonable steps to ensure that staffand
prisoners maintain the confidentiality 0/anyone who reports such
misconduct. It a/so prohibits retaliation against anyone for reporting
prohibited conduct and provides/or the establishment and operation 0/ a
Retaliation Review Committee at each /acility. Placing prisoners in involuntary protective custody simply because they reported conduct prohibited by the Agreement is also forbidden, as is issuing a misconduct to a prisoner for filing an unsustained complaint unless it is shown that the complaint was intentionally/alse.
12

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 24 of 30
CompJiaDse IndiQtoQi
Policy Directive 03.03.140, Paragraphs S. (locked box), SB. (confidentiality of reports), BE., FF., 00., Hit. (Retaliation Review Committee) and U. (unfounded accusations).
Memoranda from Warden Yukins to ADW Bruce (10/05/00); from Warden Stovall to ADW Chapman (11107/00), and from Warden Langley to Those Concerned (I 1/07/00) establishing the Retaliation Review Committees.
Retaliation Review Committees. Summaries of meetings for Scott and Western Wayne, 2001-2002
11106/00: memorandum from Gomery (Grand Rapids) regarding the facilitation of prisoner reporting ofallegations.
11107/00 memorandum from Stovall to all staff conducting sexual misconduct investigations, regarding confidentiality statements.
Gender Based Misconduct Prisoner Mail Logs; prisoner correspondence to Special Administrator regarding alleged Genderbased misconduct. August 1,2000 through June 4, 2002
STATUS: Compliance
XI. INVESTIGATION OF ALLEGATIONS
In this section. the Agreement requires that the MDOC conduct timely, complete. thorough, documented and uniform investigations ofall allegations ofprohibited conduct, hOl'.'ever received. Itfurther requires that the investigations be consistent with the training issues considered in Section IV,B. ofthe Agreement. Section XI a/so requires referral ofalleged criminal sexual misconduct to the Michigan State Police, face-to-face interviews ofsuspects. victims. and witnesses and staffcooperation in all im'estigations. It further requires that investigations must be completed
11

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 25 of 30
· even ifan accused staffperson resigns or isfired, and has a provisionfor
reviewing certain previous allegations using current investigative standards. The practice ofremoving accused staff.from physical contact with prisoners pending investigation is to be maintained, and all investigations will include a search for prior allegations and investigations. Fintl/ly. the Agreement requires that a prisoner at afacility. who has reported sexual misconduct by staff, will have an opportunity to speak with a trained counselor prior to being interviewed by an investigator and have the counselor present during the interview.
Compliance indicators:
Policy Directive 03.03.140 Paragraph V. (investigations). Paragraph W. (personal interviews and prior allegations), Paragraph X. (access to counselor) Paragraph Y. (MSP referrals), Paragraph Z. (continuing investigations), Paragraph AA. (staff cooperation and removal of accused staff from contact).
Policy Directive 02.03.100 "Employee Discipline"
Master Listing: Gender-Based Misconduct Investigations, 08/01/00 to 06/30/02
'1nvestigating Complaints of Gender-Based Misconduct", Participant's Manual, February 2002 Trainer's Manual. February 2002
Sexual misconduct investigation files
STATUS: Compliance
XII RESPONSE TO SUSTAINED MISCONDUCT
This section addresses discipline for staffwhen allegations of prohibited conduct are sustained, or when resignation occurs during an investigation or in lieu ofdiscipline. It also provides for psychological services for prisoners who have been subject to sexual misconduct with staff.
14

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 26 of 30 (,.j'
COlll,Pliance IndicatoI1l:
Policy Directive 02.03.100 "Employee Discipline" P.D. 01.01.140 "Internal Affairs" Policy Directive 03.03.140 Policy Directive 04.06.180, "Mental Health Services" Sexual misconduct investigation files STATUS: CompUanse
Submitted December 3, 2002
~~~/l{0t~
Patrick D. McManus Compliance Expert
1'i

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 27 of 30

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 28 of 30

UNITED STA YES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTIIERN DIVISION

LINDA NUNN, et. al.,
Plaintiff,
v.
MICHIGAN DEPARTMENT OF CORRECTIONS, et. al.,
Defendants.
----~------------------~/

Case No. 96-CV-71416-DT Honorable John Corbett O'Meara

STIPULAnON FOR ENTRY OF FULL UNCONDITIONAL DISMISSAL The parties, through their attorneys, stipulate and agree to the following: I. This Court entered an Order to place this case on inactive status on February 19, 2003, pursuant to the parties Stipulation for Partial Unconditional Dismissal. 2. The parties' Stipulation for Partial Unconditional Dismissal (attached) provided
that compliance monitoring would continue for a period not to exceed twelve months on the
Defendants' efforts to staffhousing units with female officers pursuant to part IX(A) ofthe Settlement Agreement.
3. Oral argunlent in Everson v Michigan Dept. a/Correction,s 1:'. at., Sixth Circuit
Court of Appeals Nos. 02-2028; 02-2033; 02·2084, took place on February 4, 2003, and the parties are awaiting the Court's decision. The essential issue before the Sixth Circuit is whether the District Court erroneously detemlined that there was no justification for a blanket ban on employment of male corrections officers in the female prisons in Michigan.

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 29 of 30
4. Twelve months have passed since the parties signed the Stipulation for Partial Unconditional Dismissal. Thus, this case should be dismissed completely and unconditionally as set forth in the attached Order ofDismissal.

Deborah LaBelle (P31595)
Molly H. Reno (P28997)
Attorney for .PlaintitTh 221 North Main Street, Suite 300 Ann Arbor, Ml 48104 (734) 996.5620
Date:_ _ _ _ _~_ _ _ __
Matu,,\l996052002A NunnIPldgslStip Full Dj,m;ssallOOS04

Frank J. Monticello (P36693) Assistant Attorney General Corrections Division P.O. Box 30217 Lansing, MI 48909 (517) 335-7021
Date:_ _ _ _ _~_ _ _ __

2

Case 2:97-cv-71514-JCO-MLG Document 90 Filed 10/28/2004 Page 30 of 30

UNITED STATES DISTRICT COURT EASTERN DISTRlCT OF MICHIGAN
SOUTHERN DIVISION

LINDA NUNN, et. a1., Plaintiff,
v.
MICHIGAN DEPARTMENT OF CORRECTIONS, et. ai.,
Defendants. - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~,I

Case No. 9O-CV-71416-DT Honorable J()lm Corbett O'Meara

ORDER OF DISMISSAL Having read and considered the parties' Stipulation for Full Unconditional Dismissal with prejudice; IT IS ORDERED that this case is DISMISSED in it~ entirety with prejudice.

Mat",1199605211(l2A Nunn~)rdcr of Dismi,<al 100804

United States Di~trict Judge

 
 Sep.29.2005 1:41PM
Case 2:97-cv-71514-JCO-MLG

Document 95

Filed 09/29/2005 No.P0a8g68e 1 oPf. 12

I

STAlE OF MICHIGAN

DBrAJI.TMIlNTOF ATTORNEY OENEllAL

P.O. Box 30217 LANSING. M!too0A1'I4a9og

MlIaCOX ATI'ORNEY GENERAL

September 29, 2005

Dlmiso Goodwin Ctie Mllllilicr fur the
Honorable John Corbett O'Meara Eastern District of Michigan 231 W. Lafayllltte Boulevard Detroit, MI 48226
Dear Ms. Goodwin:

~ ~ ~ l ~~ SEfl19100S U.SC.LDERISKi'fSllCOTFf~ICI~RT ANN "ReaR.

Re: Linda NIl"n. ,t al)'. MDOC. ,t ,,/
Case No: 96·cv-71416 and 97·(:\7·71514

I>1l1'SllIIll1 to todllY'5 telephone: convcl1iIation, please withdtaw without prejudice, Defendants' Motion for Full md Unconditional Dismissal.

Thank you for your cooperation.

lern__ Sinoerely,

LF:sIg Enclosure
cc:: Deborah LaBelle
..119H052011:1A NUOII\SoIII_~c.mIIILIt O'M..... Im9OS

Leo Friedma:tt Assistant Attorney Gc:nera\ Corrections Division (517) 33~·7021

 
 Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 1 of 25

UNITED STATES DISTRICT COURT EASTERN DISTRTCT OF MICHIGAN
SOUTHERN DIVISION

LINDA NUNN, et aI.,

Plaintiffs,

Case No. 96-ev-71416-DT

v.
MICHIGAN DEPARTMENT or
CORRECTIONS, et al.,
Defendants.
DEBORAH LABELLE (P31595) Attorney for Plaintiffs 221 North Main Street, Suite 300 Telephone: 734.996.5620 Facsimile: 734.769.2196

Honorable John Corbett O'Meara

cen:
l"rIO
;,i;S~;:;

~
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"Ir!I"~
:;1'-
l~

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··,·,,1

l.J

FRANK MONTICELLO (Pj6~)3) Assistant Attorney General -"

l~ .t>o

,\ .f.."..".

Attorney for Defendants

Corrections Division

P.O. Box 30217

Lansing, Michigan 48909

Telcphone: 517.335.7021

Facsimile: 517.335.7157

PLAINTIFFS' RESPONSE AND BRIEF IN OPPOSITION TO DEFENDANTS' MOTION FOR FULL UNCONDITIONAL DISMISSAL
Plaintiffs, by and through their counsel, oppose Defendants' motion for a full and unconditional dismissal ofthis case and in support of their opposition, Plaintiffs state as follows:
Plaintiffs are a joined group ofthirty-one (31) women prisoners who filed this action alleging violations of their federal civil and constitutional rights as 11 result of

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 2 of 25
pervasive sexual assaults and sexually degrading treatment by male prison guards employed by the Michigan Department of Corrections.
Ailer extensive pre-trial discovery and litigation, the parties entered into a settlement of Plaintiffs' damage claims in December of 1999, and a settlement of Plaintiffs' claims for injunctive relief on July 31, 2002.
The settlement ofthe injunctive relief came after six months of intensive negotiations. These negotiations had reached a near impasse until Defendants agreed to two central components of Plaintiffs' demands for relief ~ the cessation of cross gender pat down searches of women prisoners and the removal of male staff from the women prisoners' sleeping and living areas. Defendants agreement to these changes in their policies and operations resulted in a July 31,2000 settlement. Attachment 1, p. 5, Sections VIII and IX(A). As Defendants have complied fully with the cessation of cross gender pat downs, the unresolved issue involves Defendants agreement to remove male staff from the supervision of women in their housing areas and areas where women would be viewed nude or partially clothed.
The settlement agreement provided that Defendants' complhmce with its temlS was to be subjeetto a twelve month time period of monitoring by ajoint independent monitor. The particular provision regarding removal of male staff from housing was subject to additional monitoring, after the filing ofthe final monitor's report, if the monitor deemed that Defendants had not fully complied but were making good faith
2

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 3 of 25
eftorts toward compliance. Attachment 1, p. 12. Section XIII(B). Atter the settlement agreement was entered, it became apparent that .it would
take substantially more time than the parties anticipated for Dctendants' to reach compliance with the general terms ofthe settlement agreement. Rather than have the monitor file a timely report which would detail extensive noncompliance, the parties agreed to infonnally extend the time period fbr filing the monitor's reports. Thercfore, the monitor's interim report was not filed until mid 2001 and the final report was tiled on December 5, 2002 rather than in August 2001. Defs.' Motion to Dismiss, Exh. 3.
The December 5, 2002 final monitor report, further extended the monitoring period on Defendants' efforts to comply with the settlcment provisions requiring removal of male staff from the womens' housing units tor a year to monitor whether Defendants' achieved compliance with this provision.
The independent monitor has not filed any subsequent monitoring report on Defendants' wmpliance with this requirement ofthe settlement agreement, subsequent to the extension period. Thus the parties have not been advised by the monitor as to whether there has been full compliance or whether a de novo hearing on Ihis issue should occur per the following settlement provision:
If the compliance expert declares that the MDOC has not substantially
complied, the Court shall hold de novo hearings to make findings and issue orders regarding allegations of noncompliance. Attachment 1, p. 12, Section B(IO).
3

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 4 of 25
The reason the joint monitor has not issued a follow-up report on this issue is that Defendants' obligation to comply with this provision has essentially been held in abeyance. The reasons for holding this issue in abeyance is based on the recognition that Defendants' ability to comply fully with the tenns of this portion of the agreement has been impacted by the filing of a federal case to enjoin this section of the settlement agreement.
Shortly after the parties in this case entered into a settlement, several guards tiled suit against the Department of Corrections to enjoin the implementation of Section IX ofthe agreement which section provided for supervision ofthe womens' housing units to be limited to female staff. Everson, et at. v. Michigan Department o/Corrections, et aI., 222 F. Supp. 864 (E.D. Mich. 2002). The Court granted a stay in Everson on September 28,2000, which prevented Defendants from removing male staff from the women prisoners' housing units and prevented compliance with this term ofthe Nunn settlement agreement.
The Nunn Plaintiffs sought and were granted intervention in the Everson case to protect the tenns of their settlement. After a bench trial, the Court in Everson issued a pennanent injunction on August 8, 2002 which continued to prevent Defendants from fully complying with this provision in the Nunn settlement agreement. (Attachment 2). The Department and the Intervening Nunn Plaintiffs both filed an appeal of the Everson decision. The parties had oral argument on February 4, 2003. Several months
4

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 5 of 25
ago, the Sixth Circuit requested the entire District Court record to be forwarded to the Circuit and the parties are awaiting a decision.
The joint monitor rec()gnized that the stay, issued in the Everson case, prevented Defendants from fully complying with Section IX ofthe settlement agreement. The Nunn final compliance report provides that:
The MDOC has continued to make a good faith effort to limit the assignment of staiT in facility housing units to female offers. Their position in the Everson case, cited above, is consisted with that announced intention. Since Everson is currently on appeal to the Sixth Circuit, the MDOC's efforts are ongoing and, therefore the monitoring wiII be extended as to this issue only for not more than two additional six month period. The monitor extcnded the monitoring period in light ofEverson with the understanding that an evaluation of compliance with this term could not be made until resolution of the pending appeal in Everson. The monitor did not actively monitor this matter in the twelve months following the tinal report, as the issue was stayed and monitoring was effectively held in abeyance pending a decision in Everson. Settlement agreements are essentially contracts, enforced under the basic terms and principles of contract law. Full performance of the terms ofthe contract havc not yet been met, as the Sixth Circuit is currently contemplating the legality of one term in the agreement. If the Sixth Circuit Court dccms the clause legal and enforceable, the MDOC is obligated to perform under the terms ofthe settlement agreement. Plaintiffs' are entitled to this Court's continuing jurisdiction in the event Defendants' fail to take
5

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 6 of 25
appropriate steps to comply. Dismissal ofthe entire case at this time is unwarranted tor several reasons:
1) The joint monitor has not issued a final report on Section IX(A) as it was understood that monitoring was held in abeyance on this issue during the pendency of Everson I; 2) Defendants' motion argues that the agreed upon monitoring period has expired, irregardless of the fact that monitoring was held in abeyance on this provision during almost the entire monitoring period. Further, Defendants' argument that the monitoring period is over, cannot be converted into a basis for dismissal of this court's entire jurisdiction where determination of Defendants' compliance with a term of the settlement agreement remains outstanding and there exists the possibility of de novo hearings before this court, should Defendants fail to comply. Dismissal ofthis case prior to a ruling in Everson is unwarranted; 3) There is no prejudice to the parties to maintaining this matter on the court's inactive docket to await the imminent decision of the Sixth Circuit in Everson, this ruling will clarify whether Plaintiffs may entorce Defendants' agreed upon obligation or whether the obligation is legally unenforceable. Alternatively, Plaintiffs would be significantly prejudiced by a "full, unconditional
1 The continuing need to address this provision is evidenced by the number of reported assaults on women prisoners since the stay was issued in Everson. Since the stay in Everson, over one hundred (100) women prisoners have reported new sexual assaults or ongoing sexual degrading and harassing trcatment. There have been at least four (4) criminal convictions of male staff for sexual assaults, that occurred after the stay was issued, and warrants have been requested as a result offour (4) additional criminal sexual assaults on women prisoners by the male guards employed to supervise them.
6

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 7 of 25
dismissal" of their case where there has been not opportunity for monitoring and enforcement of a crucial settlement term.

WHEREFORE, tor the foregoing reasons, Plaintiffs request that Defendants'

motion for a full unconditional dismissal of this case be denied without prejudice.

DATED: November 19, 2004

~ORAH~'Z LABELLE (P31595) Attorney for Plaintiffs 221 North Main Street. Suite 300 Ann Arbor, MI 48104 Telephone: 734.996.5620 Facsimile: 734.769.2196
MOLL Y H. RENO (P28997) Attorney for Plaintiffs 221 North Main Street, Suite 300 Ann Arbor, MI 48104 Telephone: 734.769.0077 Facsimile: 734.769.2196

RlCHARD SOBLE (P20766) Attorney tor Plaintiffs 221 North Main Street, Suite 200 Ann Arbor, MI 48104 Telephone: 734.996.5600

7

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 8 of 25

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 9 of 25
, '.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LINDA NUNN, et ai,
Plain tiffs, v.
MICHIGAN DEPARTMENT OF
CORREcnONS, et aI,
_______D_e_fe_nd_an_ts_. ________1

Case No. 96-CV-71416-DT Hon. John Corbett O'Meara Magistrate Marc L. Goldman

SETILEMENT AGREEMENT REGARDING INJUNCTIVE AND DECLARATORY RELIEF
I. DEFINlTlONS
A. "Prisoner" means any women prisoner Wlder the jurisdiction of the
Michigan Department of Corrections housed in a facility. Women prisoners housed in a center are also covered by the provisions of this
~greement Using the term "prisoner," except for Sections IX(A and q,
X(A)(3)(b), and except as provided by Section XI(l),
B. "Facility" means any prison, institution or camp housing women
prisoners. "Center' means any community corrections center or technical rule violation center housing women prisoners. The term "Housing Unit" includes segregation units at facilities.
c "Staff' means correctional officers, maintenance workers, kitchen workers, teachers, counselors, supervisors, administrators, and any other ferson who has contact with prisoners as a regular and routine part 0 their employment, by MDOC or as a full time contractual worker aSSigned to a facility or a center.
D. "Sexual Misconduct" means staff engaging in, attempting to engage in or aiding and abetting: (1) a sexual act with any prisoner; (2) the touching of a prisoner, either directly' or through clothin&, of the genitalia, anus, grOin, breasts, inner thighs or outtocks With the intent to abuse, humiliate, harass, degrade, arouse, or ~atify the sexual desire of any personj (3) prohibited physical contact including fondling or kissing. (4) indecent exposure or other indecent sexuarbehavior by a staff person in the presence of a prisoner.

1

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 10 of 25
E. "Sexual Harassment" means sexual advances, requests for sexual favors, and other verbal or non-verbal communication of a sexual nature. Sexual harassment also includes verbal conduct of a gender~ related nature intended to humiliate, harass degrade or arouse.
F. "Retaliation" means harmful action, or threat of such action taken by staff against a prisoner because of that prisoner's resistance to, complaint regarding, or cooperation in an investigation of sexual misconduct, sexual harassment, or other conduct prohibited by this agreement.
n. POLICIES AND PROCEDURES PROHIBITING SEXUAL MlSCONDucr
Within 120 days of execution of this agreement, the MDOC shall develop and maintain one poli9': which implements prohibitions against sexual misconduct, sexual harassment, and rehi1iation, and iaentifies the reporting and coml'laint mechanisms, the investigation procedures and discipline for sexual InIsconduct, sexual harassment, and retaliation, included in this agreement. The policy shall also identify the counseling and education concerning sexual. misconduct, sexual harassment and retaliation, to be provided to prisoners pursuant to this agreement. The policy may refer to other policies as a means of setting fortli this information.
m. SCREENING OF JOB APPUCAN1S AND CURRENT STAFF
A. Prior to staff being assigned to a pOSition involving contact with prisoners, MDOC Will ensUl'e that the following has occuxred: druS
abuse screening; investigate information in employment applications; perform LEIN Checks on Criminal history and rersonal protective orders for domestic violence; review Nationa Crime Information Center records; investigate whether applicants have ever worked in a correctional setting and, if so, whether they were the subject of allegations of sexual misconduct, sexual harassment, or retaliation and, if so, whether any such allegations were sustained.
B. MDOC shall perform LEIN checks on criminal history and personal
protective orders for domestic violence for all staff every five (5) years.
c The MJ.)()(: shall develop written procedures for employment and placement of staff in contact positiOns with prisoners consistent with MDOC's policies regarding prevention of sexual misconduct against women prisoners, based upon the results of the screening performed pursuant to this section.
2

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Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 11 of 25

IV . STAFF TRAINING

A. Bask Trainjng on Working wjth Prisoners

1. Trainin$ on issues relating to the supervision of prisoners shall be prOVIded to all staff. The frequency and level of training provided to part time and full time contractual staff shall De in accordance with MIX>C training policies and practices.

2. The existinl5 curriculum and training materials for facility staff
shall be reviewed for adequacy and effectiveness by an independent consultant agreed to by the parties.

3. The consultant shall have the opportunity to observe the training whkh occurs during the compliance period, and if
nec~, make recommendations for changes or additions to the traimng materials, methodology or imp1ementation of
training. The compliance expert shall review the consultant's recommendations 10 accordance with Section xm(B)(6).

4. Any recommended traininj!- or portion thereof, which has not

been rejected by the compliance ~ert and which has been

designated by the consultant as critical will be provided to

cu.m!l\t staff not more than ninety (90) days after the

rec()mmendation is made, and to ,any transferring staff

. .,jmmediately upon their assigrunent to a facility. All other

;,·.·.•. recommendations which have not been rejected pursuant to

. 'sectI~nlV(A> will be incorporated into the .next annual in·

,

.

servIce t ",

ra

mm.

g

program.

.

B. InYHtigator Training

1. The existing curriculum and trainin~ materials for facility staff
responsible for investigating allegations of sexual misconduct, sexual harassment, or retaliation shall be reviewed for adequacy and effectiveness by an independent consultant agreed to by the parties.
2. The consultant shall have the opportunity to observe the
training which occurs during the compliance period and, if necessary, make recommendations for changes or additions to the training materials, methodology or implementation of training. The compliance expert snail review the consultant's recommendations m accordance with Section XnI(B)(6).

3. Within one hundred and twenty (120) days from the date the recommendations are made, MDOC will train all current facility stali assigned to investigate allegations of sexual misconduct, sexual harassment or retaliation in accordance with the
consultant's recommendations, or portion thereof, which have

3

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Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 12 of 25

not been rejected pursuant to section IV(B). Thereafter, staff who have not completed the recommended training will not be assigned to investigate such allegations.
4. Specialized training will be provided by an outside consultant with expertise in sexual assault intervention and crisis counseling for all facility Medical and Mental Health Staff who may receive a prisoner's complaint of sexual misconduct.
V. PRffiQNEREDUCATION
A. The existing training materials for prisoner education, the brochure on
sexual misconduct, and the sexual misconduct/harassment posters shall be reviewed for adequacy and effectiveness by an independent consultant agreed to by the parties.
B. The consultant shall have the opportuni~ to observe the prisoner
education training, and if necessary, maXe recorrunendations for
changes or additions to the materiils, training method or implementation. The consultant may obtain evaluations of existing pnsoner education training from a reasonable sampling of prisoners and staff involved in the training. The compliance expert snall review the consultant's recommendations in accordance with Section xm(B)(6).
c. Any' recommendation, or portion thereof, which has not been rejected
by the compliance e'Pert Will be implemented within ninety (90) days after the recommendation is made. Thereafter, the recommendations which were not rejected by the compliance expert pursuant to section V
(B) and (C) will be provided to all incoming prisoners as part of their
orientation.
E. All written material shall be available in Spanish as well as English. Reasonable measures shall be taken to ensure that other non-English speaking prisoners receiVe the same information.
VI. CONSULTANTS
A. The consultant(s) identified in this agreement must be selected and
contracted with before this agreement is executed.
B. The parties shall have the right to meet jointly with the consultant(s).
C. The consultant(s) shall submit recommendations regarding training and education materials, and postings, to the parties for review and conunent.
D. The costs of consultant(s) shall be borne by the MDOe.
4

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 13 of 25
VII. PREVENTION OF PROHIBITED CONDUCT
A. Minimization of One on One Situations
MDOC will maintilil a written procedure that restricts male staff from being alone in one-on-one situations with prisoners at facilities and centers in areas not clearly visible to prisoners or other staff, with the following exceptions: emergencies, medical care, counseling, questiorung during investigations, and reporting of confidential information.
B. Minimizations of Access to Secluded Areas
MDOC will maintain reasonable measures to eliminate prisoner access to secluded areas that are not necessary to the operation of the facility or center.
C. Sexual Misconduct Files
MDOC will use a tracking system to store allegations and information concerning, sexual misconduct, sexual harassment, and retaliation, whether substantiated or not. The tracking system will be searchable by, at a minimum, prisoner and staff name, type of prohibited behavior,
date, facility, location and shift when the aIleged incident occurred. Investigators and management will have access to this tracking system The traCking system will be queried prior to accepting rehires. MIXJC will conduct a quarterly searCh of truS tracking system, and any staff shown in this review to have been the subiect of more than two
alleE:tations of prohibited behavior within the past five years shall be subject to aEPropriate action, including, but not limited to a meeting
with supervisors, a referral to an empfoyee assistance program,
retraining, or reasSignment.
VIIl. PAT OOWN SEARCHES
Absent emergency circumstances or a reasonable suspicion that the prisoner is in possession of contraband, pat down searches 01 prisoners will oilly be conducted by female corrections officers during an evaluation period of at least twelve months. Should the MDCX: decide to resume the routine search of inmates by male officers, it will give plaintiffs' counsel thirty (30) days written notice.
IX. STAFFING ISSUES
A. Consistent with the MDOC's announced intention to limit the assignment of staff in facility housing units to female officers, the MJX)C will make a good faIth effort to accomplish this objective during
5

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 14 of 25

the mOnitoring period. If such efforts are still ongoing at the end of the monitoring penod, monitoring will be extended as to this issue only for not more than two additional six month periods.
B. Any male entering a housing unit area in a facility or center shall
announce his presence upon entering that area.
c. All male staff must log in when they enter a housing unit or other area
which keeps a log ana any failure to log in shall be immediately reported to supervision.
D. Except when a female officer is not available and immediate transport is deemed necessary at least one female officer will be assigned to transport a prisoner. On medical runs where it is probable the prisoner will!)e seen fully or partially nude, no male officer will remain in the
examination room at:isent an emergency or a request from the
eXamining physician.
E. MDOC shall maintain locations at facilities and centers where
prisoners may dress, shower and use the toilet without being observed
by male staff.

X. FACll.ITATION OF PRISONER AND SfAFF REPORTING OF ALLEGATIONS OF . SEXUAL MISCONDUcr, SEXUAL HARASSMENT

ANDRETALIATION,., ..·•·

, . ,-; '.,;,.:' ~

.

A. Prisoner Repo~g;,To encourage and ~acilitate the reporting of sexual

misconduct,s~:lu1rassment, retaliation and other conduct

prohib!tedbytlliS agreement, the MOOC agrees to provide the

followll'lg:

1. Secure box. At facilities and centers Prisoners shall have access to a secure locked box to make written reports of sexual misconduct, sexual harassment, or retaliation. The sole individuals who will have access to this box are the facility
Inspector, the Warden, or the supervisor of the center. The contents of the box shall be reviewed on a daily basis by one of
the above individuals and receipt acknowledged to the prisoner within four (4) days.

2. Confidentiality. MDOC will take all reasonable steps to ensure that staff and prisoners preserve the confidentiality of staff and prisoners who report sexual misconduct, sexual harassment,
retaliation and other conduct prohibited by this agreement. These steps include, but not limited to, warnings not to discuss
investigations and disciplinary action against individuals who intentionally compromise the confidentIality of an

6

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Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 15 of 25

investigation. This does not preclude a prisoner from discussing the matter a) with counsel, b) for purposes of seeking treatment, or c) to ensure her own safety.
3. Retaliation
a, Retaliation against a prisoner or staff for reporting staff misconduct is prohibited and subject to disciplinary action including tennination;
b, At each facility, a Review Committee shall be maintained consisting of the Grievance Coordinator, and at least one person in the fOSitiOn of ADW, Inspector or Dep'uty. Within five (5 days of receipt of an allegation of retaliation from a prisoner who has reported sexual misconduct or sexual harassment, the review comm.ittee shall begin review of the allegations including major and minor misconduct tickets issued against the prisoner. Factors which may be considered l)y the committee shall include, but are not limited to: 1) ilie connection between the staff who issued the ticket and the staff accused of sexual misconduct or sexual harassment; 2) any evidence or witness statements submitted by the prisoner alleging retaliation; 3) critical incident reports, grievances, kites and any other documents related to the prisoner's report of sexual misconduct or sexualharassment; 4) the
prisoner's prior allegations of retaJiation)·5) the amount of
time between the report:irig and the misconduct ticket; and 6) the prisoner's prior misconduct history.
Within ten (10) da}':s, unless a one time extension of not
more than two weeks is granted by the warden. the
Review Committee shall report its findings to the warden with an explanation of the factual basis fur its finding. The warden or designee shall promptly notify the prisoner of the review results. Findings or recommendations of the Review Corni:nittee are advisory only, and shall not have any bearing upon the hearings process for prisoner misconduct or grievances establiShed by statute, administrative rule and policy directive wtIess the hearings officer, hearings administrator or grievance coordinator chooses to consider the information gathered. If the warden determines that there is evidence 01 retaliation, the warden shall take appropriate action which may include withdrawing a ticket pursuant to P.O. 03.03.105(K)(3), bringing it to the attention of the hearing officer or requesting a rehearing if the ticket has already been heard.
7

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 16 of 25
c. Within 90 days after execution of this agreement, prisoners who received major misconduct tickets from staff convicted of criminal sexual conduct or against whom allegations of sexual misconduct or sexual harassment have been sustained, may present these tickets to MOOC for review if there is a written record that the prisoner asserted retaliation during the time the ticket was reviewed. If there is evidence that the major misconduct ticket was issued in retaliation for rep()rting staff sexual misconduct or sexual harassment, MDOC will request a rehearing on that major misconduct ticket. This provision applies only to major misconduct tickets that have been issued since Mardi 1, 1991.
d. Prisoners will not be involuntarily placed in protective custody simply because they reported conduct prohibited by this agreement.
e. Prisoners will not be issued a misconduct for filing a complaint of sexual misconduct, sexual harassment, or retaliation which is not sustained, unless it is shown by a preponderance of evidence that the complaint was mtentiona1ly false.
XI. INVESTIGATION OF ALLEGATIONS
A. Consistent with the investigative training set forth in Section IV.B. of
this agreement, MIXJC will conduct timely, complete, thorough, documented and uniform ihvestigations of all allegations, however received (verbal report, kite, grieviUlce, or letter) of sexual misconduct, sexual harassment, retaliation or conduct prohibited by policies established pursuant to this Agreement. MDOC investigators will continue to be trained consistent with Section IV(B) in conducting such investigations.
B. MDOC will continue to refer allegations oJ sexual misconduct which, if
true, constitute criminal acts to the Michigan State Police (MSP) for investigation. Regardless of whether the referral to the MSP results in a criminal prosecution, MIXJC will continue its administrative investigation into the allegations, using a "preponderance of evidence" standard, and will take appropriate disciplinary action.
c. MIX)C investigators will conduct face-to-face interviews of all suspects,
victims and eye witnesses to sexual misconduct and retaliation.
D. Staff are required to cooperate in all investigations. MDOC will
diScipline, up to and including termination, staff who are accused of, witnessed, or have personal knowledge of sexual misconduct, sexual harassment, or retaliation and who refuse to cooperate.
8

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 17 of 25
E. If a staff accused of sexual misconduct, sexual harassment or retaliation
resigns, transfers, or is fired, the investigation will be completed in accordance with procedures developed pursuant to this agreement.
F. MDOC will review the named Plaintiffs' allegations of sexual
misconduct and sexual harassment which were not sustained if the
Plaintiffs present new evidence supporting the allegations. The MDOC will review the Plaintiffs allegations of retaliation based on major misconduct tickets resulting in a guilty finding which were issued within one (1) year of the Plaintiff making a fOrmal complaint of sexual misconduct or sexual harassment. In any review under this paragraph, the MDOC will apply the investigative standards to be implemented pursuant to this agreement. The allegations which PlaintiIfs wish to have reviewed must be identified prior to execution of this agreement.
If any reviewed allegations are sustained, MDOC will take appropriate
action.
G. MDOC will continue to remove staff accused of sexual misconduct
from ph~cal contact with prisoners until the investigation is concluded.
H. MDOC will ensure that all investigations of staff accused of sexual
misconduct, sexual harassment, retaliation or other conduct prohibited by this agreement, will include a search Eor prior allegations, investigations, or discipline against the accused staff•
I. . Aprlsoner who has reported sexual misconduct by staff shall be
provided the opportunity to speak with a counsefor trained in sexual assault and crisis intervention prior to being interviewed by a facility investigator or Internal Affairs. This prisoner shall have the right to have iliis counselor present during tJ:ie investigation interview. This provision is not mandatory at centers if trained counselors are not available in that location.
XII. RESPONSE TO SUSTAINED MISCONDUCT
A. Staff Discipline
1. StalE who resign in lieu of discipline as a result of an investisation for sexual misconduct, sexual harassment, retaliabon or other conduct prohibited by policies established pursuant to this aweement, or during an Investigation which Ultimately results III a sustained finding, will not be eligible for rehire by the MDOC.
9

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 18 of 25
2. Where allegations of such conduct are sustained, or the investigation reveals violations of work rules or other policies and procedures, appropriate diSciplinary action shall be taken pursuant to MIJOC policy and work rules.
B. Prisoner Psychological Services
1. MDOC will offer psychological services consistent with and identified in P.D. 04.06.180 to any Rrisoner subjected to or alleged to have been subject to sexual misconduct with staff. MDOC will offer psychological
services consistent with and identified in P.O. 04.06.180 to any prisoner found by MIX><:: to have been subjected to, or to any prisoner who
makes a credible allegation in a kite, grievance, or letter to management that she was subjected to sexual harassment.
xm. COMPUANCE/TERMINATION
A. Conditional Dismissal Under Rule 41(a).
Upon execution of this Settlement Agreement, the parties will jointly move the Court for entry of an Order conditionally dismissing this action, pursuant to Fed. R. Civ. P. 41(a) (2), conditional upon the MIX><:: achieving substantial compliance with its terms, and will attach this Settlement Agreement to such motion. The motion will request that the case be pfaced on the Court's inactive docket, though the Court shall retain Jurisdiction over the case until a final disnlissal.
B. Compliance Expert and Monitoring.
A compliance expert agreed to by the parties will have reasonable access to. prisoners and staff, MDOC documents, information relating to implementation of this Settlement Agreement, and to allegations of sexual misconduct and other prohibited conduct addressed by this Settlement Agreement for the purpose of mOnitoring the MDOC's implementation of the Settlement Agreement. The Plaintiffs' attorneys will have reasonable access to information, including MDOC documents, relating to implementation of this Settlement Agreement, and to allegations of sexual misconduct and other prohibited conduct addressed by this Settlement Agreement for the purpose of monitoring the MDOC's implementation. The MDOC will fund the compliance expert's activities. The compliance expert's shall:
1. Review allegations of sexual misconduct, sexual harassment,
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Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 19 of 25

1. Review allegations of sexual misconduct, sexual harassment, retaliation and conduct prohibited under the agreement whether received directly from a prisoner or through reports, or grievances made to prison staff, investigators or administrators;
2. Determine whether alleged victims of sexual misconduct have
been provided counseling, medical treatment, and mental health care in accordance with this agreement;
3. Determine whether prisoners have been treated in accordance with Department policy and the terms of tms agreement during and subsequent to investigations;
4. Monitor or review investigations and procedures to be certain they comply with the requirements of this agreement;
5. Recommend the Initiation or reopening of investigations or reviews of allegations arising during the monitoring period;
6. Review the recommendations of the consultants and reject
recommendations that are unreasonable or contrary to the
purposes of this agreement;
7. . Prepare a report!midway through the monitoring period based ...on the information collectedinfonning the parties of his or her opinion of the MOQC's compliance with each of the terms of this Settlement Agreement, including identifying any deficiencies in compliance, and any recommendations for achieving substantial compliance;
8. Prepare a final report withln 30 days of the end of the initial compliance period informing the parties of his or her opinion of
the MOOC's compliance with each of the terms of this
Settlement Agreement, including identifying any deficiencies in compliance;
9. The compliance expert's reports explaining ms assessment of the MDOC's compliance with each provision of tms agreement shall be provided to all parties. The expert must promptly notify the parties of any finding of non-compliance;

11

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Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 20 of 25

10. The parties sh.all have thirty (30) days to comment on each report. The parties shall meet within two (2) weeks of the submission of comments in an attempt to resolve disputes.
The compliance expert will conduct an initial on~site compliance
mOnitoring tour of the facilities,and centers approximately 120 days
after execution of this Settlement Agreement. The compliance expert will conduct a final on-site compliance monitoring tour of the facilities and centers 12 months after execution of this Settlement Agreement. Not more than three Plaintiffs' attorneys, three attorneys for the MDOC, and the MDOC Director or his designee may accompany the compliance expert on these tours. The compliance expert may conduct private meetings with staff and prisoners. Plaintiffs' attorneys may hold a group meeting with the named plaintiffs alter the initial and final compliance monitoring tours. Neither the parties nor the compliance expert sh.all add provisions or expand the scope of this Settlement Agreement in any manner.
If the compliance expert determin~ that the MD()C has substantially complied with the terms of the Settlement Agreement, the parties will
me a stipulation to dismiss. If the compliance expert determines that
the MDOC has substantially complied, but good faith efforts are still
ongoing under sectionIX(A), the parties will file a stipulation dismissing "all but that remaining portion of the agreement. If the compliance expert declares that the MDOC has not substantially complied, the Court shall hold de novo hearings to make findings and
issue orders regarding the allegations of non-compliance. Neither Plaintiffs nor the MDOC shall file a motion or suit for specific performance of the Settlement Agreement.
C Substantial Compliance. "Substantial Compliance" with the terms of the Settlement Agreement willfully satisfY the Settlement Agreement. Isolated and unintentional incidents will not constitute noncompliance.
XIV. COSTS All parties shall bear their own costs and fees.

12

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 21 of 25
"

XV. INTEGRATION AND LIMITATION
nus document is a final and complete expression 01 the agreement between the parties as to all claims for declaratory, equitable or injunctive !elief. Nothing in this agreement shall be construed to require any party to act in violation of law or court order.

:>, Dated: lw..'1 I ZQOO

FOR 1HE PLAINTIFFS:

DEBORAH laBELLE (P31595) Attorney for Plaintiffs
221 North Main Street, Suite 300 Ann Arbor, M1 48104 (734) 996-5620

':'"
FOR 1HE MDOC:

Director Mi .gan DeP?Itment 01 Correcti
Mark Matu (P36659) Assistant Attorney General Corrections Division P. O. Box 30217 Lansing, Ml 48909 (517) 335-7021
13

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 22 of 25

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 23 of 25

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICmGAN
SOUTIIERN DIVISION
ROSLYN EVERSON, RANDY FOX, STENNIS GEORGE, RICHARD IDEMUDIA, and BRENDA L. SEBASTIAN, and a class of all persons similarly situated,

F I l f cii

AUG () 8 2002

U. i.lJi~TK'AS'COFFICE .

EAST

TCOUAr

EAN MICHIGAN

Plaintiffs,
v.

CASE NO. 00.73133 HON. AVERNCOHN MAGlSTRATl<: JUDGE CAPEL

STATE OF MICHIGAN DEPARTMENT OF CORRECTIONS and lULL MARTIN, individnally and in his official capacity as Director of the Michigan Department of Corrections .

Defendants,

and

LINOA NUNN, et ai, and TRACY NEAL, et al

Intervening Defendants. ________________________________________________________~I

SACHS WALDMAN. Professional Corporation By: Eileen Nowlkowski (P 23405)
.Tohn R. Runyan (P 19763) . Attorneys for Plaintiffs 1000 Farmer Street Detcoit, Michigan 48226 (313) 965·3464
DEBORAH A. LABELLE (P 31595) MOLLY H. R~;NO (P 28997) A llomey for Inlcrv¢ning Defendants 221 N. Main St., Suite 300 Ann Arbor, Miclligan 48104 (734) 996·5620

ASSISTANT ATTORNEY GENERAL PUBLIC EMPLOYMENT & ELECTIONS DIVISION By: Marie Shllmraj (p 44481)
Mark Mn.tns (P 36559) Attorneys for Defendants P.O. Box 30212 Lansing, Michigan 48909 (517) 373·6434

)

:FINAL JUDGMENT GRANTING PERMANENT INUJNCTION AND DISMISSING PLAINTIFFS' CLAIM UNDER 42 USC § 1983

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 24 of 25

At a session of said Court held in
in the United States Courthouse on

PRESENT: HON. AVERN COHN

, .

The above entitled matter having come before the Court upon the Stipulation of the parties

to entry of a FiIh"lI Judgment Granting Permanent Injunction and Dismissing Plaintiffs' Claim

Under 42 USC § 1983; and

The Court being fully advised in the premises;

NOW THEN, IT IS ORDERED and ADJUDGED as follows:

1. For the reasons set forth in the Court's Decision entered on July 11, 2002, as

corrected by ERRATA issued on July 12 and July 15, 2002, and based on the

Declaratory Judgment entered on July 11, 2002, State Defendants, their officers,

agents, servants, employees, attorneys, and those persons in active concert or

participation with them are permanently ENJOINED and RESTRAINED from

implementing the plan to make gendeNpecific assignments to allow only female

staff to hold Corrections Officer and Resident Unit Officer positions at Robert

Scott, Western Wayne, and Camp Brighton Correctional Facilities and/or otherwise

taking any action in furtherance thereof. However, consistent with the Court's July

11, 2002 Decision, nothing herein should be read to prohibit the Michigan

Department of Corrections from making gender-specific task assignments, which

includes the assignment of female officers to conduct pat-down searches and strip

searches of female prisoners.

1

Case 2:97-cv-71514-JCO-MLG Document 93 Filed 11/19/2004 Page 25 of 25
2. This injunction shall preserve the status quo in accord with the Court's Orders of October 18, 2000 and March 11,2002, regarding the transport offemale prisoners.
3. Plaintiffs' claim under 42 USC § 1983 in Count III ofits First Amended Complaint
. , "
against Defendant Bill Martin only is hereby DISMISSED with prejudice. 4. The parties' stipulation to entry of this Order shall not impede or impair the
parties' right to appeal the Court's decisions, judgments Or orders.
AVERN COHN
HONORABLE AVERN COHN
UNITED STATES DISTRICT JUDGE
ATRUECOPY
ClE
EAS
BY__~~__~-==rl~~~
2

 
 Case 2:97-cv-71514-JCO-MLG

Document 94

Filed 12/01/2004
(.'::
~:,,,",I_,'"

Page 1 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
\
LINDA NIJNN, cL aI.,

(

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>
"~,:.' ."

Pluintift; v.

Case No. 96-CV-71416-DT
Honorable John Corbett O'Meara

MICIlIGAN DEPARTMENT OF CORRECTIONS, et aI,

Defendants. ------,/
DEFENDANTS' REl'I.Y TO PLAINTIFFS' RESPONSE AND BRIEF IN OPPOSITION TO DEFENDANTS' MOTION FOR FULL UNCONDITIONAL DISMISSAL

On Odobtlr 27,2004, Defendants tillld II Motion for Full Unconditional Dismissal

pursuant to the February 19,2003 stipulation between the parties. Defendants' motion was busoo

upon a stipulation entered between Plaintiffs' counsel, Deborah LaBelle, and th., D"rendants'

counscl at that time, Assistant Attorney General Mark Matus. The stipulation, dated February

19, 2003, specifically provided: I

I. TImt the parties had tll1lerOO into a Settlement Agreement in July 2000;

2. That pursuant to that Agreement, this Court entered an order of conditional dismissul on August t 7,2000;

3.

That the complian~1l expert submitted a final report concluding that the

Dlllfmdants "have substantiully complied with all of the fllquirements of the

Agreement"; and

4. That "becuuse thll Defendants are continuing their efforts to staff housing units with female officers pur~ullnt to part IX(A) of th., Agreement, that portion ofthe Agreement r(lmain~ subject to compliance monitoring for a period not to exceed
twelve months. (EmphaslK added).

1 See Attachment I to Dd's' Motion.

Case 2:97-cv-71514-JCO-MLG Document 94 Filed 12/01/2004 Page 2 of 4
Despite this plain and unambiguous language in the ~tipulation signed hy Plaintiffs' counsel, Plaintitl'J now aSsclt that the Court mu~t look outside the agreement for an "understanding" that was not in the terms or conditions of a full and final dismissal of this lawsuit. Plaintith 1lllgert:
The monitor extended the monitoring period in light of Everson with the
understanding that an evaluation or compliance with this tenn could not be mude
until resolution ofthe pcnding appeal in Everson.2 Clearly, the agreement hetween the parties did not include any such "understanding."
Plaintiffs acknowledge that "settlement agreements afe essentially contracts, enforced under the basis terms 81ld principles of contract law.") It is well-settled law that in determining the intent of the parties to a contract, the tem18 in a contract should be given their plain ordinary meaning. Bandllindus" Inc. vIIobbs, Int'lInc, 463 Mich 504; 620 NW2d 531, 533 (Mich 2001); Rasheed v Chlysler COryl., 445 Mich 109; 517 NW2d 19,24 (Mich 1994). Michigan law (iidatcs that an umlmhiguous contmct ~h()uld be construed according to jt~ "plain and easily understood" tenns. Hidru/illros de Mexico v Rexalr Jnc, 355 F 3d 927, 930 (6th Cir 20(4).
Plaintiffs are unable to point to any language in either the settlcmcnt IIgretlment or in the stipulation between the parties that supports their position. III addition to the languagtl in the stipulation between the parties,4 the settlement agreement and the Compliance Expert's Finnl Report arc contrary to Plaintiffs' position. The settlement agreen1cnt~ provide~ in relevant part:
Consistcnt with the MDOC's 811110UI1l':00 intcntion to limit the Rssignment of staff in tilCility housing units to female offictlT'S, the MDOC will make II good faith effort to accomplish this (lbjective during the monitoring period. If such effort. ore still ongoing ot the end of the monitol1ng period, monltorlna will be
J PIs' Rcosponse, at page 5. ) hi at 5. 4 Del's' Motion, Att. I. 5 See PIs' Response, Atl. 1,
2

Case 2:97-cv-71514-JCO-MLG Document 94 Filed 12/01/2004 Page 3 of 4
extended as to thb issue only for not more than two additional six month perlods/' (Emphasis added),
The Fillal Report ofth" Compliance Expert" further exposes the fallacy to PI"intiiW
position_ The language in the Compliance Expert's report is contrary to Plaintiffs' argument. It
provides in relevunt purt:
During the monitoring period, the MDOC hus c(mtinuoo to make a good faith "f!(lTt to hmit the assignment of staff in facility housing units to female officers. Their position in the Everson CIISC, cited above, is consistent with that unnoUliccd intention. Since Rver.mn is currently on appeal to the Sixth Circuit, the MDQC's efforts arc ongoing and, therefore, the monitoring will be extended as to this Issue only for not more than two additional sixth (sic) month periods.' (Emphasis added).
Plflintifii;' positi(>!] opposing dismissal of this action in its entirety is not wurranted by
existing law or by II nonfrivolous argumC;lnt IllT the extension, modification, or reversal of
existing law or the cstablishmcnt of new law.
WlIEREFORE, Defendants respectfully request that this Court cnter all Order for Full
Unconditional Dismissal with prejudice.
R~sptlC!fully submitted,
Michael A. Cox Attorney General
?n~~ (V~-?~
Frank J. Monticello (P:l6693)
Assistant Attorney GenNal Attorney ttlr Defendants Corrections Divi~ion Dated: November 29, 2004
Munlil:dlu\19%052002A NUl\(I'.Pld"II\Rtply to PI'" R~~p in Opp to Mot for f)l~mhMI 1121)04
6 Jd at Section lX, A, pages 5-6. -, Defs' Motion at Atl. 3. R Att. 3, Defs' Response at page 12.
3

Case 2:97-cv-71514-JCO-MLG Document 94 Filed 12/01/2004 Page 4 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICllIOAN
SOUTHERN DlVISION

LINDA NUNN, et ai,
Plaintitl's, v.

,- ...',' ,\
Case No. 96-CV-71416-DT".·
lionorable John Corbett O'Meara

MICHIGAN DEPARTMENT OF CORRECTIONS, el aI,
Defendants.

Deborah A. Lallelle (1'31595)
Attomcy for Plaintiffs Suite 300
221 N. Main Strt!et
Ann Arbor, Michigan 48104 (734) 996-5620

Frank J. Monticello (P36693) Assistant Attorney Oeneral A \lomcy for Defendants Corrections Division P.O. Box 30217 L"n~ing, Michigan 4g909 (517)335-7021

PROOF OF SERViCE
The undersigned, being duly swom, deposes Bnd says that on November 29, 2004, she
served a copy of Defendants' Reply to Plaintitl's' Response and Brief in Opposition to
Delimuanb' Molion tor Full Unconditional Dismissal upon Pluintitti;' coun~el via first-class moil with poslage fully prepaid, plainly addressed as follows:
DFHORAH LABELLE 221 N MATN ST STE 300 ANN ARROR MI 4Rl04

M"nLi,dlu 19%052002l1iS'Likjf'ld~siroS 112~1>1

 
 MAFL -10* 97 CFRI) 0 1 : 3 7

U.S. ATTORNEY GENERAL
U.S. v. Michigan

•• • • V

H • HH

IBS • • • •

PC-MI-008-004

P. 002

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
97-40058 SOUTHERN DIVISION

UNITED STATES OF AMERICA,

PLAINTIFF

v.

STATE OP MICHIGAN;

JOHN ENGLER, Governor of

the State of Michigan; MICHIGAN

DEPARTMENT OF CORRECTIONS;

.

KENNETH McGINNIS, Director of

Michigan Department of

Corrections ("MDOC");

SALLY LANGLEY, Warden of Crane

Correctional Facility ("CCF");

JOAN YUKINS, Warden of Scott

Correctional Facility ("SCF");

in their official capacities,

DEFENDANTS.

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J>AUL V. GADOLA

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COMPLAINT THE UNITED STATES OF AMERICA alleges:
1, This complaint is filed by the Attorney General on behalf of the United States of America pursuant to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. § 1997 e_t geq. , to enjoin the named Defendants from depriving persons incarcerated at Crane Correctional Facility, located in Coldwater, Michigan ("CCF") ar.d Scott

MAR.-KT97IFRI) 01:37 U.S. ATTORNEY GENERAL

p-003

Correctional Facility, located in Plymouth, Michigan (•'SCF"), of rights, privileges, or immunities secured and protected.by the Constitution of the United States.
JURISDICTION AND VENUE 2. This Court has jurisdiction over this accion under 28 U.S.C. § 1345. 3. The United States is authorized to initiate thia action pursuant to 42 U.S.C. § 1997c. 4. The Attorney General has certified that all prefiling requirements specified in 42 U.S.C. § 1997b have been met. The Certificate of the Attorney General is appended to this Complaint and is incorporated herein. 5. Venue in the Eastern District of Michigan, Southern Division, is proper pursuant to 28 U.S.C §§ 1391, 1392.
DEFENDANTS 6. Defendant STATE OF MICHIGAN owns and operates CCF and SCF, which are state correctional facilities for women located in Coldwater and Plymouth, Michigan, respectively. 7. Defendant JOHN ENGLSR is sued in his official capacity as the Governor of the State of Michigan, which is responsible for the supervision and control of inmates at CCF and SCF. 8. Defendant MICHIGAN DEPARTMENT OF CORRECTIONS ("MDOC") is the agency charged with authority to maintain and operate CCF and SCF and is responsible for the
- 2-

MAR. -10' 97 (FRI) 01:38 U.S. ATTORNEY GENERAL

P-004

conditions of confinement and treatment of persons incarcerated in these facilities.
9. Defendant KENNETH McGINNIS is sued in his official capacity as the Director of the Department of Corrections, which is the agency charged with the authority to maintain and operate CCF and SCF and is responsible for the conditions of confinement and treatment of persons incarcerated in these facilities.
10. Defendant SALLY LANGLEY is sued in her official capacity as Warden of CCF. Defendant Langley directly supervises and controls CCF.
11. Defendant JOAN YUKINS is sued in her official capacity as Warden of SCF, Defendant Yukins directly supervises and controls SCF.
12. Defendants are legally responsible, in whole or in pare, for the operation of CCF and SCF, for the conditions there and the health and safety of persons confined or incarcerated there.
13. At all relevant timea, the Defendants or their predecessors in office have acted or failed to act, as alleged herein, under color of state law.
FACTUAL ALLEGATIONS 14. CCF and SCF are institutions within the meaning of 42 U.S.C. § 1997(1).
- 3-

MAR. -ID" 97 (FRI) 01:38 U.S. ATTORNEY GENERAL

P. 005

15. Persons confined to CCF and SCF are women sentenced to prison following conviction of various crimeB in the Michigan state courts.
16. Defendants are failing to protect persons confined to CCF and SCF from sexual misconduct by correctional officers and staff. Inmates incarcerated at CCF and SCF are subjected to a variety of sexual misconduct from Defendants' employees, including sexual relationships, sexual assaults, sexual touching and fondling, and without good reason, frequent, prolonged, close-up and prurient viewing during dressing, showering and use of toilet facilities,
17. Defendants are failing to provide adequate medical care by, Inter alia, failing to provide acceas to adequate care for serious medical needs.
18. Defendants are failing to provide adequate mental health care by, inter alia, failing to treat serious mental health needs of prisoners.
19. Defendants have been consciously aware of the factual allegations set forth in paragraphs 16-18 for a substantial period of time.
20. Defendants have failed to address adequately the abuses described in paragraphs 16-18 though they consciously knew of those abuses.
- 4-

MAR. -10" 97 (FRI} 01:38 U.S. ATTORNEY GENERAL

P- 0°6

21. The harm or risk of harm to inmate health and safety set forth in paragraphs 16-18 have been obvious within CCF and SCF for a substantial period of time.
VIOLATIONS ALLEGED 22. The acts and omissions alleged in paragraphs 16-21 violate the rights, privileges, or immunities secured or protected by the Constitution of the United States of persona confined at CCF and SCF. 23. Unless restrained by this Court, Defendants will continue to engage in the conduct and practices set forth in paragraphs 16-21 that deprive persons confined at CCF and SCF of their rights, privileges, or immunities secured or protected by the Constitution of the United States and cause them irreparable harm.
PRAYER FOR RELIEF 24. The Attorney General is authorized under 4 2 U.S.C. § 1997 e_t seg. to seek equitable and declaratory relief. WHEREFORE, the United States prays that this Court enter an order permanently enjoining Defendants, their officers, agents, employees, subordinates, successors in office, and all those acting in concert or participation with them from continuing the acts, omissions, and practices set forth in paragraphs 16 through 21 above, and that this Court require Defendants to cake such actions as will ensure lawful conditions of confinement are afforded to inmates at
- 5-

MAR. -10" 97 (FRI) 01:39 U.S. ATTORNEY GENERAL

- 00~

CCF and SCF. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Respectfully submitted,

JANET/ RENO Attorney General of the
"United States

i^.
\

SAUL GREEN

ISABELLE KATZ ^

United States Attorney

Acting Assistant Attorney General

Eastern District of Michigan Civil Rights Division
A

STEVEN H. ROSENBAUM Chief Special Litigation Section

MELElE"if. NELSON Deputy Chief Special Litigation Section

A/ ei6L

/

Y. ^ROWN CUTLAR

'TAWANA E. DAVIS

MARK S. MASLING

Attorneys

U.S. Department of Justice

Civil Rights Division

Special Litigation Section

P.O. Box 66400

Washington, D.C. 20035-6400

(202) 514-0195

MAR. -10" 97<FRII 01:39

S. ATTORNEY GENERAL

P. 008

of % Attanu^ (tawral
Uasljiitijtim.,1. (E. ZQ53U

CERTIFICATE OF THE ATTORNEY GENERAL
I, Janet Reno, Attorney General of the United States, certify that with regard to the foregoing Complaint, United States v. The State of Michigan, et al., I have complied with all subsectiona of 42 U.S.C. § 1997b(a) (1) . I certify as well that I have complied with all subsections of 42 U.S.C. § I997b(a)(2). I further certify, pursuant to 42 U.S.C. § 1997b. (a) (3), my belief that this action by the United States is of general public importance and will materially further the vindication of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
In addition, I certify that I have the "reasonable cause to believe" set forth in 42 U.S.C. § 1997a to initiate this action. Finally, I certify that all prerequisites to the initiation of this suit under 42 U.S.C. § 1997, et seq. . have been met.
Pursuant to 42 U.S.C. § 1997a(c), I have personally signed the foregoing Complaint. Pursuant to 42 U.S.C. § 1997b(b), I am personally signing this Certificate.
Signed this ~h day of /'HL.
Washington, D.C.

/fssss*;

JANET RENO

*"'

Attorney General

of the United States

 
 2:97-cv-71514-JCO-MLG Doc # 97 Filed 12/13/06 Pg 1 of 3 Pg ID 65

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LINDA NUNN, et al,

Plaintiffs,

Case

v

Honorable

MICHIGAN DEPARTMENT OF CORRECTIONS, et al,

Defendants.

Deborah A. LaBelle (P31595)

Attorney for Plaintiffs Assistan

Suite 300

Attorney

221 N. Main Street Corrections

Ann Arbor, Michigan 48104

(734) 996-5620

Lansing,

(517)

No. 96-CV-71416-DT John Corbett O'Meara
/ Leo H. Friedman (P26319)
t Attorney General for Defendants
Division P.O. Box 30217
Michigan 48909 335-7021

DEFENDANTS' MOTION TO REINSTATE AND BRIEF IN SUPPORT Defendants, by their attorneys, move for reinstatement of Defendants' Motion for Full Unconditional Dismissal Pursuant to the February 19, 2003 Stipulation Between the Parties filed on October 28, 2004, and a ruling by the Court, and state as follows: 1. On October 28, 2004, Defendants filed their Motion for Full Unconditional Dismissal Pursuant to the February 19, 2003 Stipulation of the Parties. (Dkt. #998). 2. On November 19, 2004, Plaintiffs filed their Response and Brief in Opposition to Defendants' Motion for Full Unconditional Dismissal. (Dkt. #1002). 3. On November 29, 2004, Defendants filed their Reply to Plaintiffs' Response and Brief in Opposition to Defendants' Motion for Full Unconditional Dismissal. (Dkt. #1003).

2:97-cv-71514-JCO-MLG Doc # 97 Filed 12/13/06 Pg 2 of 3 Pg ID 66
4. On December 3, 2004, the Sixth Circuit issued its Opinion in Everson v Michigan Dept of Corrections, 391 F 3d 737 (CA 6 2004), rehrg denied 2005 US App LEXIS 4653 (CA 6 Mar 18, 2005), cert denied 126 S Ct 364 (2005), reversing the District Court's Opinion and Order (Everson v Michigan Dept of Corrections, 222 F Supp 2d 864 (ED Mich 2002)).
5. On December 10, 2004, the Court held a hearing on Defendants' Motion and the matter was taken under advisement.
6. On September 29, 2005, at the request of the Court's Case Manager, Denise Goodwin, Defendants withdrew without prejudice, their Motion for Full and Unconditional Dismissal. (Dkt. #1004).
WHEREFORE, for the aforementioned reasons and the appellate court's resolution of Everson v Michigan Dept of Corrections, Defendants request that the Court reinstate their Motion for Full Unconditional Dismissal Pursuant to the February 19, 2003 Stipulation Between the Parties, and provide a ruling on Defendants' Motion.
Respectfully submitted, Michael A. Cox Attorney General s/Leo H. Friedman Assistant Attorney General Attorney for Defendants Corrections Division P.O. Box 30217 Lansing, Michigan 48909 (517) 335-7021 friedmanl@michigan.gov (P26319) Dated: December 13, 2006
Friedman\1996052002A Nunn\Settle\Pldgs\Mot Reinstate 121306
2

2:97-cv-71514-JCO-MLG Doc # 97 Filed 12/13/06 Pg 3 of 3 Pg ID 67

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LINDA NUNN, et al,

Plaintiffs,

Case

No. 96-CV-71416-DT

v.

Honorable

John Corbett O'Meara

MICHIGAN DEPARTMENT OF CORRECTIONS, et al,

Defendants. /

Deborah A. LaBelle (P31595)

Attorney for Plaintiffs Assistan

Suite 300

Attorney

221 N. Main Street Corrections

Ann Arbor, Michigan 48104

(734) 996-5620

Lansing,

(517)

Leo H. Friedman (P26319) t Attorney General for Defendants Division
P.O. Box 30217 Michigan 48909
335-7021

CERTIFICATE OF SERVICE I hereby certify that on December 13, 2006, my secretary electronically filed Defendants' Motion to Reinstate and Brief in Support with the Clerk of the Court and Deborah A. LaBelle, attorney for Plaintiffs, using the ECF System.

s/Leo H. Friedman Assistant Attorney General Attorney for Defendants Corrections Division P.O. Box 30217 Lansing, Michigan 48909 (517) 335-7021 friedmanl@michigan.gov P26319

 
 2:97-cv-71514-JCO-MLG Doc # 100 Filed 04/25/07 Pg 1 of 2 Pg ID 72

SOUTHERN

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
DIVISION

LINDA NUNN, et al,

Plaintiffs,

Hon.

John Corbett O'Meara

vs.

Case

No. 96-CV-71416-DT

MICHIGAN DEPARTMENT OF CORRECTIONS, et al,

Defendants. _________________________________________________________________/

STIPULATION AND ORDER OF DISMISSAL

On Feb 19, 2003, the parties to this action filed a stipulation for partial dismissal pursuant

to a previous settlement agreement. The dismissal reserved a portion of the case on the Court’s

inactive docket pending further resolution;

Defendants, by their signature to this stipulation this date, attest to the assignment of only

female officers to housing units in all facilities covered by the settlement agreement, resolving

compliance with this outstanding matter;

The parties therefore stipulate to the dismissal of this case pursuant to the terms of the

settlement agreement. Nothing in this dismissal shall prevent Plaintiffs from pursuing those

Defendants who are in default through judgment and collection.

SO ORDERED.

Date: April 25, 2007 United

s/John Corbett O’Meara States District Judge

2:97-cv-71514-JCO-MLG Doc # 100 Filed 04/25/07 Pg 2 of 2 Pg ID 73 Stipulated as to form: /s/Deborah LaBelle_________________ DEBORAH LaBELLE (P31595) Attorney for Plaintiffs /s/Leo H. Friedman w/verbal permission LEO H. FRIEDMAN (P26319) Attorney for Defendants
2

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

Plaintiff, v. STATE OF MICHIGAN, et al,
Defendants.

Civil Action No. 97-CVB-71514-BDT Hon. John Corbett O'Meara

SETTLEMENT AGREEMENT
I. INTROD JCTION On March 10, 1997, the united States initiated this litigation alleging that Defendants were
violating the constitutional rights of inmates incarcerated in Michigan women's prisons to be free from sexual misconduct and unlawful invasions of privacy, and to receive appropriate medical and mental health care^ for serious medical and mental health needs.
After conducting considerable discovery, the United States has dismissed its medical and mental health caie claims against Defendants. In order to resolve the remaining issues in this litigation, the par:ies have entered into this settlement agreement, which, if substantially complied
i
with by Defendant^ within the time frames specified in Section XV below, will result in the dismissal of the United States' remaining claims.
The parties agree that this settlement does not constitute an admission by the State of Michigan or the individual Defendants of the truth of the allegations contained in the Complaint, and does not constitute an admission of liability by Defendants in this action. Defendants agree that
US v. Michigan
PC-MI-009-001

policies and procedures adopted or changed pursuant to this Settlement Agreement will continue to be implemented after the Complaint has been dismissed; provided, however, that this Settlement Agreement is not intended to, nor does it, prevent Defendants from changing its policies for purposes of confronting issues that could arise in the future.
This Settlement Agreement is the product of negotiations conducted only between the State of Michigan and the United States of America, and DOJ does not purport to speak for any private plaintiffs.
The parties understand and agree that to the extent that this Agreement requires changes in MDOC policy affei^ing bargaining unit employees, such changes are subject to negotiations with the labor union(s) representing the affected employees, and are subject to approval by the Michigan Office of State Employer and the Michigan Civil Service Commission, and subject to state law. The parties also understand and agree that disciplinary action against employees of the MDOC is subject to the terms of collective bargaining agreements and state civil service rules. MDOC will make a good faith attempt to seek modifications or additions to existing or future collective bargaining agreements to effectuate the provisions of this Settlement Agreement.
•
n. DEFINITIONS
For purposes of this agreement only, the following definitions shall apply: A. "MDOC" means the Michigan Department of Corrections. B. "L late" means any female inmate incarcerated in Scott or Crane. C. "Scott" means the Scott Correctional Facility. D. "Crane" means the Crane Correctional Facility. E. "Staff' means correctional officers, maintenance workers, kitchen workers, teachers
-2-

employed full time by MDOC, counselors, and any other person having significant contact with

inmates, whether employed by MDOC or under contract with MDOC, who are assigned to work at Crane or Scott. "Staff1 does not include medical specialists, contractual dentists and optometrists,

or college instructors who are employed by an entity other than MDOC.

F. "Mjinagement" means the Director of the MDOC, Deputy Director of Correctional

Facility Administration, Warden and Deputy Warden of Crane and Scott.

G. "Secual Misconduct" means staff engaging in, or attempting to engage in, a sexual act

with any inmate, or the intentional touching of an inmate's genitals, anus, groin, breast, inner thigh
I or buttocks with the intent to abuse, humiliate, harass, degrade, arouse, or gratify the sexual desire

of any person. Sexual misconduct also includes indecent exposure to an inmate(s).

H. "Se:cual Harassment" means sexual advances, requests for sexual favors, and other

offensive verbal o: physical conduct of a sexual nature. Sexual harassment also includes verbal

conduct of a gender-related nature intended to humiliate, harass, degrade or arouse.

I. "Overfamiliarity" means conduct between a staff member and an inmate which has or

is likely to result in ntimacy or a close personal association, or conduct that is contrary to the good

order of the institu ions.

J.

DOJ" means the United States Department of Justice.

K. 'Consult" means only provision of written and/or verbal comments to counsel.

m. MDOC HULICIES AND PROCEDURES

A. Pol cies And Procedures. MDOC will revise its current policies and procedures

relating to sexual misconduct, sexual harassment, overfamiliarity, and other concepts encompassed

by this Settlement / agreement and, where necessary, will utilize concepts and materials obtained from

-3-

other sources generally accepted in the corrections community as knowledgeable in the area to ensure that its policies uid procedures are simple, direct, and explicitly define and prohibit sexual misconduct, sexual harassment, overfamiliarity, and other conduct prohibited by policies established pursuant to this Agreement.
B. Policies And Procedures Regarding This Settlement Agreement. MDOC will revise as necessary its policies and procedures to ensure that all of the provisions of this Settlement Agreement are incorporated into MDOC policies and procedures. Prior to final adoption of any revised policy and procedure, MDOC will provide DOJ with a reasonable opportunity to review the proposed policy iind procedure and to consult with MDOC regarding the proposed policy and procedure. IV. P R E - F M P L O Y M E N T SCREENING
A. Current Staff With Inmate Contact. MDOC will conduct a Law Enforcement Information Network ("LEIN") check to include criminal history approximately every 5 years after the initiation of eimployment for all staff. As a result of those LEIN inquires, MDOC will take appropriate action consistent with MDOC policies relating to failure to report criminal convictions, Within six months of the execution of this Agreement, MDOC will, to the extent not already accomplished, conduct a LEIN check to include criminal history of all staff who have been employed by MDOC for over five years.
B. Fu ure Correctional Staff with Female Inmate Contact. In accordance with P.D. 02.06.110, 111 and applicable Civil Service Rules, MDOC will continue to utilize reasonable measures to determine applicants' fitness to work in a female facility prior to hiring correctional staff for a womens' facility. These measures will include, but will not be limited to: drug abuse screening;
-4-

fingerprints to be ent to the Michigan State Police; investigation of information in employment application (past employment for previous 5 years, past education, references); LEIN check to include criminal history and filed personal protective orders for domestic violence; National Crime Information Center record check; military discharge status; investigation of whether applicants have
i
ever worked in MDOC prisons, and if so, whether they were the subject of investigations or allegations of sexual misconduct, sexual harassment, overfamiliarity or conduct prohibited by policies established pursuant to this Agreement.
C. Futi re Non-Correctional Persons With Female Inmate Contact. MDOC will utilize the same p e-employment screening measures for non-correctional staff, who will have significant contact with female inmates as it does for correctional staff. For non-correctional staff employed by an entity other than MDOC, and for volunteers, MDOC will make a LEIN inquiry to include criminal his:ory and filed personal protection orders for domestic violence. V. STAFF TRAINING
A. Training Materials. DOJ recognizes that MDOC provides specialized training for all staff who work in a female correctional facility through the 40 hour seminar entitled Issues in Managing the Female Offender. MDOC will continue to require that all staff who work with inmates complete this training program.
MDOC will, where necessary, revise its current training materials utilizing concepts and materials obtained from other sources generally accepted in the corrections community as knowledgeable in the area to ensure that it will continue to have a current, complete set of training materials relating to sexual misconduct, sexual harassment, overfamiliarity and other subject matter covered by this Agreement. During the pendency of this action, MDOC will, prior to final adoption
-5-

of any new training materials, provide DOJ with a reasonable opportunity to review the proposed training materials iind to consult with MDOC regarding the proposed materials.
Upon implementation, MDOC will require existing staff to acknowledge in writing that they have beet apprised of MDOC policies concerning conduct prohibited by polices established pursuantto this Agreement. MDOC will revise its current training materials to incorporate all of the provisions of this Agreement for which training is to be conducted.
B. Training Topics. MDOC will, for sexual misconduct, sexual harassment, overfamiliarity, and other conduct prohibited by policies established pursuant to this Agreement, include in its preseivice and inservice staff training at least the following concepts: (1) identification of what constitutes the above referenced conduct; (2) explanation of how inmates are harmed by such conduct; (3) description of how the security of the facility is jeopardized by such conduct; (4) a statement of the egal and employment consequences of participating in or failing to report such conduct; (5) a description of how to report such conduct, including when, how, and to whom it should be reported with emphasis on staffs obligation to monitor, observe, and report the behavior of other staff regarding such conduct and disciplinary consequences for failure to report; (6) instruction on supervising, observing, and interacting with opposite gender inmates; (7) instruction on the proper method of conducting pat down searches of inmates; (8) instruction on the enforcement of MDOC's revised inmate dress code; and (9) instruction on the prohibition of retaliation by staff members and how to report retaliation. .
C. Training Topics Regarding Sexual Misconduct an4 Harassment. MDOC will, within sixty (60) days of the execution of this Agreement, implement a training module, modeled after the Federal Burejau of Prisons' two hour training module, addressing sexual misconduct and
-6-

harassment for both new employees and in-service staff training. D. Rou ine In-service Training. Subsequent to initial in-service training, the Director
of MDOC, after consultation with the Special Administrator (See Section VII (A) (1) (c) below) will determine the number of hours of mandatory in-service training covering the topics described in Section V(B) to be equired of all institutional management, corrections officers, and non-correctional staff with inmate c ntact. VI. INMATE EDUCATION
A. Inmate Information. As part of new inmates' orientation process and reorientation for existing inmate s regarding subjects of this Agreement, MDOC will provide inmates with both written and verbal presentations concerning the MDOC's prohibitions against sexual misconduct, sexual harassment, iverfamiliarity, and other conduct prohibited by policies established pursuant to this Agreement and the reporting thereof, as set forth in MDOC's policies and described in MDOC's Sexual Assault/Abuse Prevention and Intervention brochure and Inmate Handbook. This information will include: (1) identification of what constitutes sexual misconduct, sexual harassment, overfamiliarity, or ther conduct prohibited by policies established pursuant to this Agreement; (2) a statement that I 1D0C prohibits such conduct by staff and by inmates; (3) a statement of the consequences of p articipating in such conduct, including when, how, and to whom it should be reported; (4) a statement on the consequences of reporting such conduct as a victim and as a witness, including assurances of confidentiality and non-retaliation; (5) information on the rules regarding interacting with opposite gender staff; (6) instruction on the MDOC approved method of conducting pat down searches; (7) explanation of staff members' duty to report misconduct; and (8) instruction on the terms of MDOC's inmate dress code.
-7-
1T1

MDOC will take necessary measures to ensure that non-English speaking inmates receive the above information
B. High Visibility Reminders. MDOC will post in all Scott and Crane living areas posters or similar signs that remind readers of MDOC's prohibition against sexual misconduct,
C. Ccpies of this Agreement will be maintained in Scott and Crane law libraries. VH. FACILITATION OF INMATEE AND STAFF REPORTING OF ALLEGATIONS OF
SEXUAI MISCONDUCT. SEXUAL HARASSMENT OR OVERFAMILIARITY A. Inmate Reporting. MDOC will facilitate the reporting of sexual misconduct, sexual harassment, over familiarity, and other conduct prohibited by policies established pursuant to this Agreement by the means and methods set forth in MDOC policy and described in MDOC's Sexual Assault/Abuse Prevention and Intervention brochure and Inmate Handbook, including verbal reporting by inmates, grievances, kites, and letters. To assure inmates that they will not be placed in protective cus ody as a result of reporting conduct pursuant to this paragraph, MDOC will continue its current policy regarding protective custody.
1. Minimization of Deterrents to Reporting. a. Confidentiality. MDOC will take all reasonable steps to ensure that
staff and inmates preserve the confidentiality of inmates who report sexual misconduct, sexual harassment, overfamiliarity, and other conduct prohibited by this Agreement, including, but not limited to, warnings not to discuss investigations and providing for disciplinary action against a staff member, or an inmate, who intentionally compromises the confidentiality of an investigation.
b. Prohibition of Retaliation. Retaliation will continue to be prohibited by the MDOC pursuant to P.D.02.03.108, and the MDOC will continue to take disciplinary action
-8-

regarding substantiated instances of retaliation as appropriate. c. Special Administrator. MDOC will appoint a Special Administrator,
not based at either Scott or Crane, who will report directly to the MDOC's Director, to whom inmates can write or speak with in confidence about allegations of sexual misconduct, sexual harassment, overf uniliarity, or other conduct prohibited by policies established pursuant to this Agreement. Infoitnation about the role and responsibilities of the Special Administrator will be provided to inmate by means of the Sexual Abuse/Assault Prevention and Intervention brochure and the Inmate Handbook. The Special Administrator will have appropriate experience, education and training necessary t address such issues in women's prisons, including, but not limited to, the training identified in Sectior V(A) above. MDOC will provide to the Special Administrator quarterly reports of complaints and the status of investigations regarding sexual misconduct, sexual harassment, overfamiliarity, ot! er conduct prohibited by policies established pursuant to this Agreement, or retaliation for filinj reports of such conduct. The Special Administrator will have the authority to request a criminal or administrative investigation of sexual misconduct, sexual harassment, overfamiliarity, or :onduct prohibited by policies established pursuant to this Agreement.
B. StaJf Reporting. Confidentiality and Prohibition of Retaliation. MDOC P.D.02.03.100 am Work Rules 1, 33 and 38 shall govern staff reporting, confidentiality, and prohibition of retaliation, including but not limited to, the duty to report conduct prohibited by policies establishei pursuant to this Agreement, prohibiting retaliation in response to the reporting of such violations, and to keep confidential such reports.
INVESTIGATION OF ALLEGATIONS OF SEXUAL MISCONDUCT A. MD OC Investigations. MDOC will conduct timely, complete, thorough,
-9-

documented, and uniform investigations in accordance with generally accepted corrections investigation prir ciples of all allegations, however received (verbal report, kite, grievance, or letter to management) f sexual misconduct, sexual harassment, overfamiliarity, or conduct prohibited by policies established pursuant to this Agreement. MDOC investigators will continue to be trained in conducting such investigations.
B. Continuation of Investigations. MDOC will continue to refer allegations of sexual misconduct thai if true, constitute criminal acts to the Michigan State Police (MSP) for investigation. If, after an MSP investigation, MSP determines that it lacks sufficient evidence to refer the matter to th county prosecuting attorney for criminal prosecution, MDOC will continue to conduct an administrative investigation into the allegations, using a "preponderance of evidence" standard, and will take appropriate disciplinary action.
C. C nestionnaires. MDOC may use written questionnaires or statements to secure information from suspects or witnesses in sexual misconduct investigations in conjunction with other investigative tecliniques. MDOC will conduct face-to-face interviews of all suspects and victims, and of sufficient witnesses to establish the facts.
D. Continuation Of Investigations. If an employee accused of sexual misconduct resigns or is fired, MDOC will continue to take investigative action in accordance with P.D.Ol .01.140.
dandatory Staff Participation In Investigations. Subject to the limitations reflected in Section I of his Settlement Agreement, MDOC will discipline, up to and including termination, staff who are accused of and/or witnessed sexual misconduct and who refuse to cooperate with an investigation.
F. Response to Allegations Arising In This Lawsuit. MDOC will, in conjunction with
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the Michigan Sta Police where necessary, continue ongoing investigation of all remaining allegations of sexual misconduct and of egregious instances of sexual harassment arising in this lawsuit.
G. Teriporary Reassignment of Employee. MDOC will continue its current practice of removing staff accused of sexual misconduct from contact with female inmates pending the outcome of the investigatioi
H. Review of Sexual Assault/Sexual Misconduct. MDOC will ensure that all investigations of staff accused of sexual misconduct, sexual harassment, overfamiliarity, or other conduct prohibited by policies established pursuant to this Agreement, will include a search for past allegations, investigations,, or discipline against the alleged perpetrator. MDOC will also review prior allegations of such conduct made by the inmates. IX. SEARCH FOR AND APPROACH TO SEXUAL MTSCONDTICT
A. Mi limization of One on One Situations. MDOC will implement a new policy that restricts inmates antf male staff from being alone in one-on-one situations together at Scott or Crane in areas not clear y visible to inmates or other staff, with the following exceptions: emergencies, medical care, counseling, questioning during investigations, and reporting of confidential information.
B. Mi timizations of Access to Secluded Areas. MDOC has and will continue to take reasonable measui e to eliminate access to secluded areas that are not necessary to the operation of Scott or Crane.
C. Monitoring/Protection For Secluded Areas. MDOC has and will continue to increase the visibility and observability of secluded areas of Scott and Crane to which inmates have access, including, but not limited to, retrofitting as necessary doors with windows, screens, or other devices
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which will facilitate surveillance, installing convex mirrors to provide a line of sight beyond areas not viewable from doo windows or other observation points, and rekeying to further restrict access to secluded areas, /1D0C will require that supervisors conduct rounds of such areas at periodic intervals sufficient to guard against sexual misconduct, sexual harassment, overfamiliarity or other conduct prohibited by policies established pursuant to this Agreement.
D. Inrhate Clothing. MDOC will implement a standard institutional dress code for

inmates.

idom Inmate Interviews and Exit Interviews. The Special Administrator, or

individuals design ited by the Director, which may include Scott and Crane Wardens and Deputy

Wardens, will conduct periodic, confidential, random interviews of inmates regarding, at a minimum,

sexual misconduct, sexual harassment, overfamiliarity, and other policies and procedures established

to effectuate the terns of this Settlement Agreement, and inmate understanding of the MDOC rules and regulations governing same. In addition, the Special Administrator or designee, the Scott and Crane Wardens and Deputy Wardens will conduct confidential, random exit interviews of inmates. Nothing in this provision shall be interpreted to mean that the Special Administrator or designee

cannot, in order to initiate or assist in an investigation of sexual misconduct, share with the MDOC investigators and management information obtained in random inmate and staff interviews. The Special Administrator will share allegations of sexual misconduct, sexual harassment, overfamiliarity and conduct prohibited by policies established pursuant to this Agreement with the warden.
F. Post-Investigation Management Review. Pursuant to P.D.01.01.140, the Sexual

Assault/Sexual Misconduct-Review Committee will continue to conduct regular meetings to discuss

both substantiated and unsubstantiated incidents of sexual misconduct and possible methods for

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avoiding such inci ents in the future. Significant information resulting from such reviews will be considered for incli sion into MDOC training materials, policies and procedures.
G. Crej ition of Sexual Misconduct Files. MDOC will utilize its tracking system to store allegations of, and ir formation concerning, sexual misconduct, sexual harassment, overfamiliarity and conduct prohibited iy policies established pursuant to this Agreement, whether substantiated or not. The tracking systekn will be searchable by, at a minimum, inmate and staff name, and by type of prohibited behavio Investigators and management will have access to this tracking system. The tracking system will be queried prior to accepting rehires. MDOC will conduct a quarterly search of this tracking system, and any staff shown in this review to have been the subject of more than two allegations of proh bited behavior within the past five years shall be subject to appropriate action, including, but not limited to: a meeting with supervisors, a referral to an employee assistance program, retrainin ;, or reassignment. The tracking system will also be used to effectuate the provision of Paragr aph VIII(H).
H. Staffing Within ninety days after execution of this Settlement Agreement, MDOC will conduct a staffing study to explore the feasibility of: 1) redeploying officers to increase the presence of female fficers in the housing units at Scott and Crane; and 2) rotating staff assignments to housing units atS cott and Crane. If feasible, MDOC will develop and implement a plan consistent with this study.
X. RESPONSE TO SUBSTANTIATED MISCONDUCT
A. Staff Discipline. Staff who resign in lieu of termination during an investigation for sexual misconduc sexual harassment, overfamiliarity, other conduct prohibited by policies established pursuan to this Agreement, retaliation, or failure to report a violation of MDOC policy
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or Work Rules in such areas will not be eligible for rehire by the Michigan Department of Corrections. In a situation where an allegation of sexual misconduct, sexual harassment, overfamiliarity or conduct prohibited by policies established pursuant to this Agreement is substantiated, appropriate disciplinary action will be taken pursuant to MDOC policy and work rules.
B. Tnmatp Psychological Services. MDOC will offer psychological services consistent with and identified in P.D 04.06.180 to any inmate subjected to or alleged to have been subject to sexual misconduct with staff. MDOC will offer psychological services consistent with and identified inP.D.04.06.180 o any inmate found by MDOC to have been subjected to, or to any inmate who makes a credible idlegation in a kite, grievance, or letter to management, that she was subject to, sexual harassment
C. Inmate Discipline. If an inmate makes allegations of sexual misconduct which are determined to be unfounded, the inmate shall be charged with major misconduct. XI. MONITORINGi OF INMATE DRESSING SHOWERING AND 'TOILETING
AREAS
Knock And Announce Policies. Absent exigent circumstances or reasonable suspicion of inappropriate behavior, male corrections officers will be trained that, as an accommodation, they are to announce their presence into areas where inmates normally could be in a state of undress. XH. PAT DOWN SEARCHES
Absent ex gent circumstances or a reasonable suspicion that the inmate is in possession of contraband, and subject to legitimate penological concerns, pat down searches of female inmates will only be conducted by female corrections officers during an evaluation period of at least six months. During the evaluation period MDOC will (a) conduct training and make any needed policy revisions
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to further clarify th it pat down searches are not used to sexually harass inmates, and (b) evaluate the feasibility of mod fying or eliminating the current requirement of five daily pat down searches per officer. Should iie MDOC decide to resume the routine search of inmates by male officers, institutional management will routinely observe line staff conducting pat down searches and give instruction or guic ance as needed.
SCREENING OF INMATES REGARDING PAST HISTORIES OF PHYSICAL OR SEXUALABUSE MDOC will continue to have trained Reception Center staff conduct adequate screening of all new inmates including inquiries designed to elicit past histories of physical or sexual abuse and, pursuant to P.D.04.06.180, provide, when necessary, mental health services to inmates. XIV. QUALITY ASSURANCE PROGRAM MDOC wil monitor the quality of its pre-employment hiring process, its staff training and inmate education programs as described in this Agreement, as well as the quality of investigations described in Section VIII above. XV. DOJ MONITORING OF SETTLEMENT AGREEMENT. TIME FRAME FOR SUBSTANTIAL COMPLIANCE. AND TERMINATION OF THE LITIGATION
A. Cdnditional Dismissal Under Rule 41(aV Upon execution of this Settlement Agreement, the parties will jointly move the Court for entry of an Order conditionally dismissing this action, pursuant to Fed. R. Civ. P. 41 (a) (2), conditional upon Defendants achieving substantial compliance with i ;s terms, and will attach this Settlement Agreement to such motion. The motion will request that i he case be placed on the Court's inactive docket, though the Court shall retain jurisdiction over t i e case until a final dismissal.
B. Monitoring And Time Frames For Compliance. DOJ and a jointly agreed on expert,
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who must be selected and contracted with before this Settlement Agreement is executed, will have reasonable access o inmates and staff, MDOC documents, information relating to implementation of this Settlement Agreement, and to allegations of sexual misconduct and other prohibited conduct addressed by this Settlement Agreement for the purpose of monitoring Defendants' implementation of the Settlement J .greement. The parties will equally fund the joint expert's activities,
Not more than one DOJ attorney, one attorney for MDOC, the MDOC Director or his designee, and the joint <expert will conduct an initial on-site compliance monitoring tour of Scott and Crane approximate ly three months after execution of this Settlement Agreement. Neither DOJ nor the joint expert shall add provisions or expand the scope of this Settlement Agreement in any manner, Within 30 days of the end of the compliance tour, the joint expert shall inform the parties in writing of his or her opinio of Defendants' compliance with each of the terms of this Settlement Agreement, including identifying any deficiencies in compliance.
Not more t}ian one DOJ attorney, one MDOC attorney, the MDOC Director or his designee, and the joint expert will conduct a final on-site compliance monitoring tour of Scott and Crane approximately six Months after execution of this Settlement Agreement. Within 30 days of the end of the final complis tour, the joint expert shall inform the parties in writing of his or her opinion of Defendants' compliance with each of the terms of this Settlement Agreement, including identifying any deficiencies in compliance. If the joint expert determines that Defendants have substantially complied with the terms of the Settlement Agreement, the parties will file a stipulation to dismiss containing the fo lowing language: "The United States agrees that dismissal of this action is appropriate. Ther is no pattern or practice ofDefendants violating female inmates' constitutional right to be free irom sexual misconduct and sexually inappropriate behavior. The Michigan
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Department of Corrections remains committed to eliminating sexual misconduct and all other forms of prohibited sexu<il conduct within the Scott and Crane facilities."
If the joini expert determines that Defendants have not substantially complied with the Settlement Agreement, DOJ may file a motion to restore the case to the Court's active docket for purposes of litigating the allegations in the Complaint, and Defendants agree not to contest such motion. Neither DOJ nor the Defendants shall file a motion or suit for specific performance of the Settlement Agreenr ent. The United States reserves the right to file a motion to restore this case to the Court's active (locket for purposes of litigating the allegations in the Complaint at any time if it believes that defendants are not making a good faith effort to substantially comply with the Settlement Agreement, PlaintijCf shall give defense counsel 14 calendar days' written notice before the filing of such motion.
C. Substantial Compliance. "Substantial Compliance" with the terms of the Settlement Agreement will full} satisfy the Settlement Agreement. Isolated and unintentional incidents will not constitute noncomi liance. XVI. EVIDEN
In the event this action goes to trial, nothing contained in this Settlement Agreement will be introduced as e idence.
xvn. COSTS
All partie shall bear their own costs and fees.
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-rri

Dated:
FOR THE PLAINTIFF
SuU. A-
SAUL' United States Attorney Eastern District of Michigan

LANN] Assistant srney General Civil Rights Division
STEVEN H. ROSENBAUM Chief Special Litigation Section
{
MELLIEH. NELSON Deputy Chief Special Litigation Section
'SHANETTA Trial Attorney Special Litigation Section

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TOR THE DEFENDANT

TAWANAE. DAVIS
MARKMASUNG Trial Attorneys Special Litigation Section Civil Rights Division U.S. Department of Justice P.O. Box 66400 Washington, D.C. 20035-64C0 (202) 514-0195
C~XL*— •
BILL MARTIN Director Michigan Department of Corrections
M khk
CHAEL A. NICKEEsdN (P25138) LEO H. FRIEDMAN (P26319)
MARK W. MATUS (P36659) Assistant Attorneys General Corrections Division P. O. Box 30217 Lansing, MI 48909 (517) 335-7021

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 Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 1 of 61

U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:97−cv−71514−JCO−MLG

CLOSED

USA v. MI St, et al Assigned to: District Judge John Corbett O'Meara Referred to: Honorable Marc L Goldman Demand: $0 Lead case: 2:96−cv−71416−JCO Member case: (View Member Case)
Plaintiff

Date Filed: 03/10/1997 Date Terminated: 09/29/1999 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Saul A. Green Miller, Canfield, 150 W. Jefferson Avenue Suite 2500 Detroit, MI 48226−4415 313−963−6420 TERMINATED: 03/12/2007 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven H. Rosenbaum U.S. Department of Justice Housing and Civil Enforcement Section 950 Pennsylvania Avenue, N.W. Washington, DC 20530 202−305−1311 Fax: 202−305−1311 ATTORNEY TO BE NOTICED

V. Defendant MI St

represented by John L. Thurber MI Dept of Atty Gen Corrections Division P. O. Box 30217 Lansing, MI 48909 517−335−7021 Email: thurberj@michigan.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. Thom MI Dept of Atty Gen Corrections Division P. O. Box 30217 Lansing, MI 48909 517−335−7021 Email: thomk@michigan.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leo H. Friedman − INACTIVE MI Dept of Atty Gen Corrections Division P. O. Box 30217 Lansing, MI 48909 517−335−7021 LEAD ATTORNEY

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 2 of 61

ATTORNEY TO BE NOTICED

Marie Shamraj − INACTIVE MI Dept of Attorney General 525 W. Ottawa 6th Floor, Suite G P.O. Box 30755 Lansing, MI 48909 517−335−7021 Fax: 517−373−6434 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark W. Matus − INACTIVE MI Dept of Atty Gen Health Care Fraud Division P.O. Box 30218 Lansing, MI 48909 517−241−6500 Fax: 517−241−6515 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael A. Nickerson − INACTIVE MI Dept of Attorney General 6545 Mercantile Way Suite 15 Lansing, MI 48911 517−241−6680 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wallace T. Hart Michigan Department of Attorney General Corrections Division P. O. Box 30217 Lansing, MI 48909−7717 517−335−7021 Fax: 517−335−7021 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
John Engler Governor

represented by John L. Thurber (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kevin M. Thom (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leo H. Friedman − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marie Shamraj − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark W. Matus − INACTIVE

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 3 of 61

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael A. Nickerson − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wallace T. Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Michigan Department of Corrections

represented by Kevin M. Thom (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leo H. Friedman − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marie Shamraj − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark W. Matus − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael A. Nickerson − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wallace T. Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John L. Thurber (See above for address) ATTORNEY TO BE NOTICED

Defendant
Kenneth McGinnis Director of Michigan Department of Corrections

represented by Kevin M. Thom (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leo H. Friedman − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marie Shamraj − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 4 of 61

Defendant Sally Langley Warden of Crane Correctional Facility
Defendant Joan Yukins Warden of Scott Correctional Facility

Mark W. Matus − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael A. Nickerson − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wallace T. Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Thurber (See above for address) ATTORNEY TO BE NOTICED
represented by Kevin M. Thom (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leo H. Friedman − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marie Shamraj − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark W. Matus − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael A. Nickerson − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wallace T. Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Thurber (See above for address) ATTORNEY TO BE NOTICED
represented by Kevin M. Thom (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leo H. Friedman − INACTIVE (See above for address) LEAD ATTORNEY

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 5 of 61
ATTORNEY TO BE NOTICED
Marie Shamraj − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark W. Matus − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael A. Nickerson − INACTIVE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Wallace T. Hart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Thurber (See above for address) ATTORNEY TO BE NOTICED

Date Filed 03/10/1997 03/28/1997 04/04/1997 04/10/1997 04/11/1997
04/21/1997 04/21/1997 04/21/1997 04/21/1997 04/21/1997 04/21/1997 04/21/1997
04/24/1997

# Docket Text
1 COMPLAINT (th) (Entered: 03/24/1997)
2 SUMMONS returned executed by U.S. Marshal on 3/17/97 − answer due 4/6/97 for Joan Yukins (th) (Entered: 04/02/1997)
3 MOTION by defendant for leave to file brief in excess of 20 pages (pm) (Entered: 04/15/1997)
4 MOTION by defendant Sally Langley to dismiss with brief &proof of mailing (th) (Entered: 04/23/1997)
5 ORDER reassigning and transferring case from Judge Paul V. Gadola in Flint to Judge John Corbett O'Meara in Detroit (New Detroit Case No. 97−71514). (th) (Entered: 04/23/1997)
6 SUMMONS returned executed by US Marshal on 3/31/97 − answer due 4/20/97 for Kenneth McGinnis (th) (Entered: 04/23/1997)
7 SUMMONS returned executed by US Marshal on 3/31/97 − answer due 4/20/97 for John Engler (th) (Entered: 04/23/1997)
8 SUMMONS returned executed by US Marshal on 4/4/97 − answer due 4/24/97 for Sally Langley (th) (Entered: 04/23/1997)
9 SUMMONS returned executed by US Marshal on 3/31/97 (service upon Lucille Taylor, Legal Counsel, Office of the Governor) (th) (Entered: 04/23/1997)
10 SUMMONS returned executed by US Marshal on 3/31/97 − answer due 4/20/97 for MI St (th) (Entered: 04/23/1997)
11 MOTION by plaintiff USA to adopt discovery schedule with brief, attachments and proof of mailing (LB) Modified on 05/02/1997 (Entered: 05/02/1997)
12 RESPONSE by plaintiff USA to motion to dismiss by Sally Langley [4−1] with brief, attachment and proof of mailing (LB) Modified on 05/02/1997 (Entered: 05/02/1997)
13 MOTION by defendants MI St, John Engler, MI Dept Corr, Kenneth McGinnis, Sally Langley and Joan Yukins to dismiss with brief, attachments and proof of

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04/24/1997 04/24/1997
04/25/1997 04/25/1997 04/25/1997 04/25/1997 04/28/1997 04/28/1997 05/06/1997 05/06/1997 05/06/1997 05/07/1997
05/08/1997 05/15/1997
05/15/1997 05/15/1997

mailing (LB) Modified on 05/02/1997 (Entered: 04/28/1997)
14 NOTICE by the Court of scheduling hearing on motion to dismiss by defendants [11−1], motion to adopt discovery schedule by USA [13−1], and motion to dismiss by Sally Langley [4−1] (LB) Modified on 05/02/1997 (Entered: 05/02/1997)
14 NOTICE by the Court of scheudling deadline for response and reply to motion to dismiss by defendants [11−1], motion to adopt discovery schedule by USA [13−1] and motion to dismiss by Sally Langley [4−1] (LB) Modified on 05/02/1997 (Entered: 05/02/1997)
15 RESPONSE by defendants MI St, John Engler, MI Dept Corr, Kenneth McGinnis, Joan Yukins to motion to adopt discovery schedule by USA [13−1] (LB) Modified on 05/02/1997 (Entered: 05/02/1997)
16 MOTION by defendants MI St, John Engler, MI Dept Corr, Kenneth McGinnis, Joan Yukins to stay discovery with brief(LB) Modified on 05/02/1997 (Entered: 05/02/1997)
17 REPLY by defendants to response to motion to dismiss by Sally Langley [4−1] (LB) Modified on 05/02/1997 (Entered: 05/02/1997)
18 PROOF of mailing by defendants of response in opposition to USA motion to adopt discovery schedule and motion to stay discovery (LB) Modified on 05/02/1997 (Entered: 05/02/1997)
19 ORDER by Judge John Corbett O'Meara granting motion for leave to file brief in excess of 20 pages by John Engler and MI St [3−1] (LB) Modified on 05/02/1997 (Entered: 04/29/1997)
20 RECORD received from Flint (LB) (Entered: 05/07/1997)
22 RESPONSE by plaintiff USA to motion to stay discovery by Joan Yukins, Kenneth McGinnis, MI Dept Corr, John Engler and St [16−1] with brief &proof of mailing (LB) (Entered: 05/13/1997)
22 REPLY by plaintiff USA to response to motion to adopt discovery schedule by USA [11−1] with proof of mailing (LB) (Entered: 05/13/1997)
23 MOTION by plaintiff USA for pretrial consolidation of this action with Nunn v. Michigan Department of Corrections, 96−71416 with brief, attachments and proof of mailing (LB) (Entered: 05/13/1997)
24 NOTICE by the Court of scheduling hearing on motion to dismiss by defendants [13−1], motion to dismiss by Sally Langley [4−1], motion to adopt discovery schedule by USA [11−1], motion for pretrial consolidation of this action with Nunn v. Michigan Department of Corrections, 96−71416 by USA [23−1], motion for more definite statement by defendants [21−1] , and deadline for response and reply to motions [13−1], [4−1], [11−1], [23−1], and [21−1] (LB) (Entered: 05/13/1997)
21 MOTION by defendants for more definite statement and brief in support with proof of mailing (dp) (Entered: 05/09/1997)
SCHEDULE: by Judge John Corbett O'Meara hearing on motion for more definite statement by defendantsssss [21−1] set for 2:00 6/5/97, motion for pretrial consolidation of this action with Nunn v. Michigan Department of Corrections, 96−71416 by USA [23−1] set for 2:00 6/5/97, motion to dismiss by defendantsssss [13−1] set for 2:00 6/5/97, motion to adopt discovery schedule by USA [11−1] set for 2:00 6/5/97, motion to dismiss by Sally Langley [4−1] set for 2:00 6/5/97 (dg) (Entered: 05/15/1997)
25 RESPONSE by defendants to motion for pretrial consolidation of this action with Nunn v. Michigan Department of Corrections, 96−71416 by USA [23−1] with proof of mailing. (LS) (Entered: 05/19/1997)
26 RESPONSE by USA to motion for more definite statement by defendantx [21−1] with attachment and proof of mailing. (LS) (Entered: 05/19/1997)

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05/22/1997 05/27/1997
06/05/1997 06/05/1997 06/05/1997
06/09/1997 06/09/1997
06/12/1997 06/12/1997
06/13/1997 06/13/1997 06/17/1997 06/18/1997 06/19/1997 08/06/1997 08/08/1997 08/11/1997 08/11/1997 08/12/1997 08/15/1997

27 CITATION by USA to supplemental authority in opposition to defendants motions for a more definite statement and to stay discovery with proof of mailing. (LS) (Entered: 05/29/1997)
28 REPLY brief in support by plaintiff USA to response to motion for pretrial consolidation of this action with Nunn v. Michigan Department of Corrections, 96−71416 by USA [23−1] with exhibits and proof of mailing (lg) (Entered: 06/03/1997)
MOTION hearing held on motion for more definite statement by defendant [21−1] − disposition: denied − Judge John Corbett O'Meara − Court Reporter: Egan (dg) (Entered: 06/05/1997)
MOTION hearing held on motion to dismiss by Sally Langley [4−1] − disposition: denied − Judge John Corbett O'Meara − Court Reporter: Egan (dg) (Entered: 06/05/1997)
MOTION hearing held on motion for pretrial consolidation of this action with Nunn v. Michigan Department of Corrections, 96−71416 by USA [23−1] − disposition: granted − Judge John Corbett O'Meara − Court Reporter: Egan (dg) (Entered: 06/05/1997)
29 PROOF of mailing by defendants of first interrogatories, second interrogatories and first request for documents to plaintiff. (LS) (Entered: 06/11/1997)
30 OPINION and order by Judge John Corbett O'Meara denying motion to dismiss by defendant [13−1], denying motion for more definite statement by defendant [21−1], granting motion for pretrial consolidation of this action with Nunn v. Michigan Department of Corrections, 96−71416 USA [23−1], mooting motion to adopt discovery schedule by USA [11−1] with proof of mailing. (LS) (Entered: 06/11/1997)
NOTICE by plaintiff USA of agreed upon discovery schedule [see 96−CV−71416 #86] (dp) (Entered: 06/19/1997)
34 PRETRIAL scheduling order by Judge John Corbett O'Meara − deadline for discovery set for 9/1/98 , deadline for witness list set for 7/1/98 , deadline for filing dispositive motions set for 10/15/98 , civil jury trial for 12/1/98 with proof of mailing (dp) (Entered: 06/20/1997)
31 ANSWER by defendants to complaint [1−1] (dp) (Entered: 06/16/1997)
31 AFFIRMATIVE defenses by defendants (dp) (Entered: 06/16/1997)
32 PRETRIAL scheduling order by Judge John Corbett O'Meara − deadline for filing dispositive motions set for 10/15/98 , deadline for final pretrial order set for 11/21/98 , pretrial conference set for 2:00 11/24/98 (dp) (Entered: 06/17/1997)
33 PROOF of mailing by defendants of second request for production of documents (dp) (Entered: 06/18/1997)
SCHEDULE: by Judge John Corbett O'Meara civil jury trial set for 12/1/98 (dg) (Entered: 06/19/1997)
PROOF(S) of mailing of plaintiffs' response to defendants' first interrogatories to plaintiffs Vertha Clark and Stacy Barker (ld) (Entered: 08/12/1997)
PROOF of mailing by plaintiff USA re discovery (ld) (Entered: 08/12/1997)
NOTICE by counsel for plaintiffs in 2:96−cv−71416 of change of address with proof of mailing (ld) (Entered: 08/12/1997)
MOTION by defendant in 2:96−cv−71416 for stay pending appeal with brief and proof of mailing (ld) (Entered: 08/12/1997)
TELE−CONFERENCE held − Judge John Corbett O'Meara (dg) (Entered: 08/12/1997)
35 PROOF of mailing of defendants' response and objections to plaintiff's first set of interrogatgories and request for production of documents (RH) (Entered:

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08/18/1997 08/21/1997 08/22/1997 08/25/1997 09/02/1997 09/02/1997 09/04/1997 09/09/1997 09/11/1997 09/11/1997 09/11/1997
09/12/1997 09/12/1997
09/17/1997 09/18/1997
09/24/1997 09/24/1997

08/20/1997)
DESIGNATION of record by defendants in 2:96−cv−71416 regarding appeal filed by defendants [101−1] appeal case # (not received yet) (lh) (Entered: 08/19/1997)
RESPONSE by plaintiffs in 2:96−cv−71416 to motion for stay pending appeal by defendants [107−1] in 2:96−cv−71416 with brief, exhibit and proof of mailing (db) (Entered: 08/25/1997)
36 PROOF of mailing of USA second request for production of documents (LB) (Entered: 08/25/1997)
37 PROOF of mailing by plaintiff USA in 2:97−cv−71514 of third request for production of documents (LB) (Entered: 08/26/1997)
TRANSCRIPT order form by defendants in 2:96−cv−71416 regarding appeal notice by defendant [101−1] requesting transcript(s) of: none −appeal case # 97−1884 (ls) (Entered: 09/03/1997)
ACKNOWLEDGEMENT from USCA of receipt of appeal notice by defendant [101−1] in 2:96−cv−71416 − appeal case # 97−1884 (ls) Modified on 09/03/1997 (Entered: 09/03/1997)
MOTION by plaintiff USA in 2:97−cv−71514 to compel production of documents with memorandum, exhibits, and proof of mailing. (PP) (Entered: 09/09/1997)
38 MOTION by defendant in 2:97−cv−71514 to extend time to file a response to plaintiffs motion with attachments and proof of mailing. (LS) (Entered: 09/10/1997)
39 ORDER by Judge John Corbett O'Meara granting motion to extend time to file a response to plaintiffs motion by defendant [38−1] with proof of mailing. (LS) (Entered: 09/11/1997)
40 RESPONSE in opposition by USA in 2:97−cv−71514 to motion to extend time to file a response to plaintiffs motion by defendant [38−1] with exhibits A−E and proof of mailing. (LS) (Entered: 09/11/1997)
SCHEDULE: by Judge John Corbett O'Meara deadline for response to motion to compel production of documents by USA [0−1] set for 9/25/97 in 2:97−cv−71514, in 2:96−cv−71416 in 2:97−cv−71514, motion to compel production of documents by USA [112−1] set for 9/25/97 in 2:97−cv−71514, in 2:96−cv−71416 in 2:96−cv−71416 (dg) (Entered: 09/11/1997)
41 REPLY by defendants in 2:97−cv−71514 and 2:96−cv−71416 to by plaintiff response to motion to extend time to file response [38−1], with exhibits 1 and 2 (RH) (Entered: 09/15/1997)
ORDER by Judge John Corbett O'Meara, referring motion to compel production of documents and answers to interrogatories by USA [0−1] to Magistrate Judge Marc L. Goldman in 2:97−cv−71514 , for hearing and determination (ld) (Entered: 09/15/1997)
OPINION and order by Judge John Corbett O'Meara denying motion for stay pending appeal by defendant [107−1] in 2:96−cv−71416 with proof of mailing (lt) (Entered: 09/18/1997)
ORDER by Judge John Corbett O'Meara, referring motion to compel production of documents by USA [112−1] in 2:96−cv−71416, motion to compel production of documents by USA [0−1] to Magistrate Judge Marc L. Goldman in 2:97−cv−71514 , for hearing and determination with proof of mailing (lt) (Entered: 09/19/1997)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion to compel production of documents by USA [112−1] set for 10:30 10/6/97 (pp) (Entered: 09/25/1997)
NOTICE by the court of hearing on motion to compel production of documents by USA [112−1], motion for order compelling production of documents by plaintiff

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09/24/1997 09/25/1997 09/25/1997
10/01/1997 10/02/1997 10/06/1997 10/06/1997 10/06/1997 10/06/1997 10/06/1997 10/06/1997 10/06/1997 10/06/1997 10/07/1997 10/07/1997
10/09/1997 10/17/1997

[100−1] in 2:96−cv−71416, and motion to compel production of documents by USA [0−1] in 2:97−cv−71514 with proof of mailing (ld) (Entered: 10/02/1997)
43 COPY OF NOTICE of hearing on motion to compel production of documents by USA [0−1] in 2:97−cv−71514 (lg) (Entered: 10/03/1997)
42 BREIF IN OPPOSITION by defendants in 2:97−cv−71514 to motion to compel production of documents by USA [0−1] with affidavit, exhibits and proof of mailing (lg) (Entered: 09/26/1997)
RESPONSE by defendants in 2:96−cv−71416 and 2:97−cv−71514 to motion to compel production of documents and answer interrogatories by USA [112−1] in 2:96−cv−71416 and [0−1] in 2:97−cv−71514 with proof of mailing (ld) (Entered: 10/02/1997)
REPLY by plaintiff in 2:96−cv−71416 to response to motion to compel production of documents by USA [112−1] in 2:96−cv−71416 with exhibits and proof of mailing (ew) (Entered: 10/07/1997)
MOTION by defendant in 2:96−cv−71416 for reconsideration of order [116−1] in 2:96−cv−71416, order [0−1] in 2:97−cv−71514 with brief, exhibits and proof of mailing (ew) (Entered: 10/10/1997)
MOTION hearing held on motion to compel production of documents by USA [112−1] − disposition: GRANTED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 97−43, 44 (pp) (Entered: 10/07/1997)
SCHEDULE: by Magistrate Judge Marc L. Goldman deadline for (miscellaneous) defendant to provide plaintiffs with requested documents set for 10/16/97 in 2:96−cv−71416, in 2:97−cv−71514 (pp) (Entered: 10/07/1997)
MOTION hearing held on motion to compel production of documents by USA [0−1] − disposition: GRANTED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 97−43,44 (pp) (Entered: 10/07/1997)
SCHEDULE: by Magistrate Judge Marc L. Goldman deadline for (miscellaneous)defendant to provide documents to plaintif, State of Michigan set for 10/22/97 (pp) (Entered: 10/07/1997)
44 ORDER by Magistrate Judge Marc L. Goldman granting motion to compel production of documents by USA [0−1] in 2:97−cv−71514, (lg) (Entered: 10/09/1997)
REPLY by plaintiff USA in 2:97−cv−71514 to response to motion to compel production of documents by USA [112−1] in 2:96−cv−71416 with exhibits and proof of mailing (ew) (Entered: 10/10/1997)
ORDER by Magistrate Judge Marc L. Goldman granting motion to compel production of documents by USA [112−1] in 2:96−cv−71416, plaintiffs' request for sanctions − denied with proof of mailing (ew) (Entered: 10/10/1997)
PROTECTIVE order by Judge John Corbett O'Meara in favor of defendant in 2:96−cv−71416, defendant in 2:97−cv−71514 regarding documents designated by defendants as confidential (ew) (Entered: 10/10/1997)
ORDER by Judge John Corbett O'Meara granting motion to amend complaint to add parties and amend allegations [1−1] by plaintiff [95−1] in 2:96−cv−71416 with proof of mailing (ew) Modified on 10/08/1997 (Entered: 10/08/1997)
OPINION and order by Judge John Corbett O'Meara denying motion for reconsideration of order [116−1] in 2:96−cv−71416, order [0−1] in 2:97−cv−71514 by defendant [122−1] in 2:96−cv−71416, with proof of mailing (ew) (Entered: 10/10/1997)
45 TRANSCRIPT taken on 10/6/97 of motion hearing (RH) (Entered: 10/15/1997)
OBJECTIONS by defendant in 2:96−cv−71416, defendant in 2:97−cv−71514 to order [124−2] in 2:96−cv−71416, order [0−2] in 2:97−cv−71514, with brief, attachment, and proof of mailing. (PP) (Entered: 10/21/1997)

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10/23/1997
10/27/1997 10/27/1997 10/28/1997 10/28/1997 10/29/1997
10/29/1997 11/18/1997 11/19/1997
11/20/1997 11/20/1997 11/20/1997 11/20/1997 11/20/1997 11/20/1997 11/20/1997 11/20/1997 11/20/1997 11/20/1997 11/20/1997

SUPPLEMENTAL objections by defendant in 2:96−cv−71416, defendant in 2:97−cv−71514 objection by defendant [132−1] in 2:96−cv−71416, objection by defendant [0−1] in 2:97−cv−71514, with proof of mailing. (PP) (Entered: 10/24/1997)
PROOF of mailing of notice of taking depositions (ew) (Entered: 11/03/1997)
PROOF of mailing of revised notice of taking depositions (ew) (Entered: 11/03/1997)
RESPONSE by plaintiff USA in 2:97−cv−71514 to objections to discovery order by defendant [132−1] in 2:96−cv−71416 and [0−1] in 2:97−cv−71514 with proof of service (RH) (Entered: 10/30/1997)
PROOF of mailing by plaintiff USA in 2:97−cv−71514 of second set of interrogatories and fourth request for production of documents (RH) (Entered: 10/30/1997)
STIPULATION and order by Judge John Corbett O'Meara, taking depositions of prisoner witnesses; Brenda Clark, Victoria Hollis, Robin McCardle, Angela Harman, Patricia Ricord, Annie Williams, Gladys Wilson, Eula Unsworth, Marian Beach, Carolyn Wilson, Monica Herring, Tina McGraw, Patricia Dean, Angela Norman, Nakeesha Gordon, Monica Jahner, Janet Williams, Darlene Peerenboom, Rachel Clark, Robin Oliver (ew) Modified on 10/30/1997 (Entered: 10/30/1997)
RESPONSE by plaintiff Linda Nunn in 2:96−cv−71416 to objection by defendant [132−1] in 2:96−cv−71416, objection by defendant [0−1] in 2:97−cv−71514 (ew) (Entered: 11/03/1997)
MOTION by United States to compel entry upon land for inspections and for additional relief with brief, proposed order and exhibit (ls) (Entered: 11/21/1997)
APPEARANCE for defendants Stanley Dorn, Erwin Richardson, Leroy R. Watson, Roosevelt McCombs, Anthony Norris, John Derrickson, Harry Herrington in 2:96−cv−71416 of attorney John L. Thurber with proof of mailing (ls) (Entered: 11/21/1997)
SUMMONS returned executed by process server on 10/22/97 − answer due 11/11/97 for Dorn in 2:96−cv−71416 (ls) (Entered: 11/21/1997)
SUMMONS returned executed by process server on 10/22/97 − answer due 11/11/97 for Derrickson in 2:96−cv−71416 (ls) (Entered: 11/21/1997)
SUMMONS returned executed by process server on 10/27/97 − answer due 11/16/97 for Richardson in 2:96−cv−71416 (ls) (Entered: 11/21/1997)
SUMMONS returned executed by process server on 10/27/97 − answer due 11/16/97 for McCombs in 2:96−cv−71416 (ls) (Entered: 11/21/1997)
SUMMONS returned executed by process server on 10/29/97 − answer due 11/18/97 for Watson in 2:96−cv−71416 (ls) (Entered: 11/21/1997)
SUMMONS returned executed by process server on 10/24/97 − answer due 11/13/97 for Norris in 2:96−cv−71416 (ls) (Entered: 11/21/1997)
SUMMONS returned executed by process server on 11/13/97 − answer due 12/3/97 for Terri Huffman in 2:96−cv−71416 (ls) (Entered: 11/21/1997)
SUMMONS returned executed by process server on 11/8/97 − answer due 11/28/97 for Officer Reed in 2:96−cv−71416 (ls) Modified on 12/09/1997 (Entered: 11/21/1997)
SUMMONS returned executed by process server on 10/18/97 − answer due 11/7/97 for Fulmer in 2:96−cv−71416 (ls) (Entered: 11/21/1997)
SUMMONS returned executed by process server on 10/22/97 − answer due 11/11/97 for Herrington in 2:96−cv−71416 (ls) (Entered: 11/21/1997)
EMERGENCY MOTION by plaintiffs in 2:96−cv−71416 for temporary restraining order with brief, exhibits and proof of mailing (ls) (Entered:

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 11 of 61

11/20/1997 11/21/1997 11/21/1997 11/21/1997 11/21/1997 11/24/1997 11/25/1997
11/25/1997 11/26/1997 12/01/1997 12/02/1997
12/02/1997 12/02/1997 12/02/1997 12/02/1997 12/02/1997 12/04/1997 12/09/1997
12/09/1997

11/21/1997)
ORDER by Judge John Corbett O'Meara that plaintiff Myrick be returned forthwith to Huron Valley Center and housed there until further order of the court with proof of mailing (ls) (Entered: 11/21/1997)
PROOF of mailing of return of service for Officer Herrington, Fulmer, Reed, Terrif Huffman, Norris, Watson, McCombs, Richardson, Derrickson and Dorn (ls) (Entered: 11/26/1997)
RESPONSE by defendants' in 2:96−cv−71416 to motion for temporary restraining order by plaintiff [156−1] with attachments and proof of mailing (ls) (Entered: 11/26/1997)
ANSWER by defendant Fulmer in 2:96−cv−71416 to complaint [1−1] with jury demand and proof of mailing (ls) (Entered: 11/26/1997)
AFFIRMATIVE defenses by defendant Fulmer in 2:96−cv−71416 with proof of mailing (ls) (Entered: 11/26/1997)
ORDER by Judge John Corbett O'Meara for group meetings with plaintiffs (ls) (Entered: 11/26/1997)
MOTION hearing held on motion for temporary restraining order by plaintiff [156−1] in 2:96−cv−71416, motion for temporary restraining order by plaintiff [0−1] in 2:97−cv−71514 − disposition: taken under advisement − Judge John Corbett O'Meara − Court Reporter: Egan (dg) (Entered: 11/26/1997)
ORDER by Judge John Corbett O'Meara amending order of November 20, 1997 with proof of mailing (ls) (Entered: 11/26/1997)
ORDER by Judge John Corbett O'Meara affirming in part and modifying in part discovery orders entery by Magistrate Judge Goldman [0−1] in 2:96−cv−71416 and [0−1] in 2:97−cv−71514, (ld) (Entered: 12/11/1997)
RESPONSE and brief by defendants' in 2:96−cv−71416 to motion to compel entry upon land for inspections [144−1] and for additional relief [144−2] with exhibits and proof of mailing (lh) (Entered: 12/08/1997)
ANSWER by defendants Joan Yukins, Robert Salis, Carol Howes, Sally Langley, FNU Portman, Cornell Howard, Kenneth McGinnis, Terri Huffman, Dorn, Richardson, Watson, McCombs, Norris, Derrickson, Herrington to amended complaint by plaintiff [133−1] with proof of mailing (ld) (Entered: 12/03/1997)
AFFIRMATIVE defenses by defendants in 2:96−cv−71416 (ld) (Entered: 12/03/1997)
MOTION by plaintiff in 2:96−cv−71416 to allow alternate service with proof of mailing (ld) (Entered: 12/05/1997)
PROOF of mailing of United States' fifth request for production of documents (lh) Modified on 01/08/1998 (Entered: 12/08/1997)
REQUEST and affidavit by plaintiff in 2:96−cv−71416 for clerk's entry of default as to Officer Reed in 2:96−cv−71416 (db) (Entered: 12/09/1997)
CLERK'S entry of default as to defendant Officer Larrick Reed in 2:96−cv−71416 (db) (Entered: 12/09/1997)
47 AMENDED NOTICE by the court of hearing on motion to compel entry upon land for inspections [0−1], motion for additional relief [0−2] (RH) (Entered: 12/15/1997)
SCHEDULE: by Judge John Corbett O'Meara hearing on motion for additional relief [144−2] set for 10:00 12/12/97 in 2:96−cv−71416, in 2:97−cv−71514 in 2:96−cv−71416, motion for additional relief [0−2] set for <date not set> in 2:96−cv−71416, in 2:97−cv−71514 in 2:97−cv−71514 (dg) (Entered: 12/09/1997)
ORDER by Judge John Corbett O'Meara granting motion to allow alternate service by plaintiff as to defendants Wes Bonney and Phillip Lewis [165−1] in

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12/10/1997 12/12/1997
12/12/1997 12/17/1997 12/22/1997 12/22/1997
12/30/1997 12/30/1997 01/05/1998 01/06/1998 01/07/1998 01/07/1998

2:96−cv−71416 with proof of mailing (db) Modified on 12/11/1997 (Entered: 12/10/1997)
REPLY by USA to defendant's response to motion to compel entry upon land for inspections [144−1] and for additional relief [144−2] with proof of mailing (lh) (Entered: 12/11/1997)
MOTION hearing held on motion for temporary restraining order by plaintiff [0−1] in 2:97−cv−71514, motion to compel entry upon land for inspections [0−1] in 2:97−cv−71514, motion to compel entry upon land for inspections [144−1] in 2:96−cv−71416, motion for additional relief [144−2] in 2:96−cv−71416 − disposition: taken under advisement − Judge John Corbett O'Meara − Court Reporter: Egan (dg) (Entered: 12/15/1997)
MOTION by defendant in 2:96−cv−71416 to compel answers to interrogatories , compel production of documents and to compel compliance with agreed upon scheduling order with brief, exhibits and proof of mailing (ls) Modified on 07/29/1998 (Entered: 12/18/1997)
ORDER by Judge John Corbett O'Meara referring motion to compel answers to interrogatories by defendant [174−1] , motion compel production of documents by defendant [174−2] and referring motion to compel compliance with agreed upon scheduling order by defendant [174−3] to Magistrate Judge Marc L. Goldman in 2:96−cv−71416 , for hearing and determination (ls) (Entered: 12/29/1997)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion to compel answers to interrogatories by defendant [174−1] set for 10:00 1/13/98, motion compel production of documents by defendant [174−2] set for 10:00 1/13/98, motion to compel compliance with agreed upon scheduling order by defendant [174−3] set for 10:00 1/13/98 (pp) (Entered: 12/23/1997)
NOTICE before Magistrate Judge Goldman of hearing on motion to compel answers to interrogatories by defendant [174−1] in 2:96−cv−71416, motion compel production of documents by defendant [174−2] in 2:96−cv−71416, motion to compel compliance with agreed upon scheduling order by defendant [174−3] in motion to compel answers to interrogatories by defendant [0−1] in 2:97−cv−71514, motion compel production of documents by defendant [0−2] in 2:97−cv−71514, motion to compel compliance with agreed upon scheduling order by defendant [0−3] in 2:97−cv−71514 , with deadline for response to motions and proof of mailing (bk) (Entered: 12/30/1997)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion to compel answers to interrogatories by defendant [174−1] set for 10:00 1/22/98, motion compel production of documents by defendant [174−2] set for 10:00 1/22/98, motion to compel compliance with agreed upon scheduling order by defendant [174−3] set for 10:00 1/22/98 (pp) (Entered: 01/05/1998)
NOTICE by court to adjournment and resetting hearing on motion to compel answers to interrogatories [174−1] and to compel production of documents [174−2] [174−3] with proof of mailing (lh) (Entered: 01/08/1998)
ORDER by Judge John Corbett O'Meara granting in part and denying in part motion to compel entry upon land for inspections [144−1] [144−2] [0−1] in 2:97−cv−71514 and 2:96−cv−71416 (lh) (Entered: 01/08/1998)
ORDER with stip by Judge John Corbett O'Meara that plaintiff shall have to 1/8/98 to file response to defendants motion to compel [174−1] [174−2] [174−3] in 2:96−cv−71416 with proof of mailing (lh) Modified on 01/08/1998 (Entered: 01/07/1998)
RESPONSE by plaintiff USA in 2:97−cv−71514 to motion to compel answers to interrogatories by defendant [174−1], to compel production of documents by defendant [174−2] and to compel compliance with agreed upon scheduling order by defendant [174−3] in 2:96−cv−71416 with exhibits (lh) Modified on 01/08/1998 (Entered: 01/08/1998)
RESPONSE and objections by plaintiff USA in 2:97−cv−71514 to defendants' first interrogatories to plaintiffs (lh) (Entered: 01/08/1998)

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01/07/1998 01/07/1998 01/07/1998 01/08/1998
01/08/1998 01/20/1998 01/20/1998 01/22/1998
01/22/1998
01/22/1998 01/22/1998 01/22/1998 01/29/1998 01/29/1998 02/02/1998 02/02/1998 02/03/1998

ATTACHMENTS filed by plaintiff USA in 2:97−cv−71514 to their responses and objections to defendants' first interrogatories to plaintiffs (lh) (Entered: 01/08/1998)
RESPONSE and objections by plaintiff USA in 2:97−cv−71514 to defendants' first request for production of documents (lh) (Entered: 01/08/1998)
ATTACHMENTS filed by plaintiff USA in 2:97−cv−71514 to United States' response and objections to defendants' first request for production of documents (lh) (Entered: 01/08/1998)
SCHEDULE: by Judge John Corbett O'Meara deadline for response to motion to compel answers to interrogatories by defendant [174−1] set for 1/8/98 in 2:96−cv−71416, in 2:97−cv−71514 in 2:96−cv−71416, motion compel production of documents by defendant [174−2] set for 1/8/98 in 2:96−cv−71416, in 2:97−cv−71514 in 2:96−cv−71416, motion to compel compliance with agreed upon scheduling order by defendant [174−3] set for 1/8/98 in 2:96−cv−71416, in 2:97−cv−71514 in 2:96−cv−71416 (dg) (Entered: 01/08/1998)
PROOF of mailing of defendants' answers to United States' second set of interrogatories (lh) (Entered: 01/09/1998)
PROOF of mailing by plaintiffs of notice of taking deposition (db) (Entered: 01/21/1998)
PROOF of mailing of clerk's entry of default for Larrick Reed (db) Modified on 01/21/1998 (Entered: 01/21/1998)
MOTION hearing held on motion to compel answers to interrogatories by defendant [0−1], motion compel production of documents by defendant [0−2], motion to compel compliance with agreed upon scheduling order by defendant [0−3] − disposition: DENIED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 98−2 (pp) (Entered: 01/23/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman deadline for (miscellaneous)parties exchange disclosures set for 7/1/98 , deadline for discovery set for 9/1/98. Deps. of experts may be held until 9/1/98. Parties complete initial expert tours by 3/1/98. Parties exhchange disclosures under F.R.CIV P. 26(a)(2)(B) on 5/1/98. Compete expert re−tours by 7/1/98; Exchange disclosures under F.R.Civ.P26(a)(2)(B) by 8/1/98 , deadline for prelim. witness list set 4/1/98. Final witness lists exchange 7/1/98. Parties exchange disclosures under F.R.Civ.P. by 10/01/98 deadline for filing dispositive motions set for 10/15/98 (pp) (Entered: 01/23/1998)
48 ORDER by Magistrate Judge Marc L. Goldman denying motion to compel answers to interrogatories by defendant [0−1] with proof of mailing (kg) (Entered: 01/28/1998)
PRETRIAL scheduling order by Magistrate Judge Marc L. Goldman (kg) (Entered: 01/28/1998)
PROTECTIVE order by Magistrate Judge Marc L. Goldman regarding confidential informants 1, 2, and 3 (db) (Entered: 01/29/1998)
NOTICE by counsel for defendant Fulmer in 2:96−cv−71416 of change of address (db) (Entered: 01/30/1998)
MOTION by plaintiffs in 2:96−cv−71416 for discovery sanctions with brief, notice, exhibits and proof of mailing (ew) (Entered: 02/03/1998)
MOTION by defendant MI Dept Corr in 2:96−cv−71416, 2:97−cv−71514 to permit transfer prisoner with brief, attachments and proof of mailing (ew) Modified on 05/11/1998 (Entered: 02/03/1998)
PROOF of mailing of defendant's response and objections to US' fourth requesst for production of documents (ew) (Entered: 02/03/1998)
MOTION by defendant Fulmer in 2:96−cv−71416 for protective order with brief, notice and proof of mailing (ew) Modified on 04/08/1998 (Entered: 02/03/1998)

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02/03/1998 02/03/1998 02/03/1998 02/03/1998 02/05/1998 02/05/1998 02/05/1998 02/05/1998 02/05/1998 02/05/1998 02/05/1998 02/18/1998
02/19/1998 02/19/1998 02/24/1998
02/24/1998 02/25/1998 03/02/1998
03/02/1998

PROOF of mailing by plaintiffs in 2:96−cv−71416 of summons and complaint upon Wes Bonney (db) (Entered: 02/05/1998)
PROOF of mailing by plaintiffs in 2:96−cv−71416 of summons and complaint as to defendant Phillip Lewis (db) (Entered: 02/05/1998)
REQUEST by plaintiff in 2:96−cv−71416 for clerk's entry of default as to defendant Officer Phillip Lewis in 2:96−cv−71416 with affidavit and proof of mailing (db) (Entered: 02/05/1998)
REQUEST by plaintiffs in 2:96−cv−71416 for clerk's entry of default as to defendant Officer Wes Bonney in 2:96−cv−71416 (db) (Entered: 02/05/1998)
ANSWER by defendant Martin Tate in 2:96−cv−71416 to amended complaint by plaintiff [133−1] in 2:96−cv−71416; jury demand(ew) Modified on 02/06/1998 (Entered: 02/06/1998)
MOTION by defendant Martin Tate in 2:96−cv−71416 to sever with affidavit in support (ew) (Entered: 02/06/1998)
PROOF of mailing by defendant Martin Tate in 2:96−cv−71416 of documents 202 and 203 (ew) (Entered: 02/06/1998)
PROOF of mailing for the U S' seventh request for production of documents (ew) (Entered: 02/06/1998)
APPEARANCE for defendant Haulk in 2:96−cv−71416 of attorney John L. Thurber with proof of mailing (ew) (Entered: 02/06/1998)
ANSWER by defendant Haulk in 2:96−cv−71416 to amended complaint by plaintiff [133−1] in 2:96−cv−71416 with proof of mailing (ew) (Entered: 02/06/1998)
AFFIRMATIVE defenses by defendant Haulk in 2:96−cv−71416 (ew) (Entered: 02/06/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion for protective order by Fulmer [196−1] set for 10:00 3/2/98, motion to permit transfer prisoner by MI Dept Corr, MI Dept Corr [195−1] set for 10:00 3/2/98, motion for discovery sanctions by plaintiff [194−1] set for 10:00 3/2/98 (pp) (Entered: 02/18/1998)
MOTION by plaintiffs' and defendants' to unify caption in Magistrate Goldman's Order of 01/22/98 with brief and proof of mailing (bk) Modified on 04/08/1998 (Entered: 02/20/1998)
RESPONSE by plaintiffs' in 2:96−cv−71416 to motion to permit transfer prisoner by MI Dept Corr, MI Dept Corr [195−1] with exhibits and proof of mailing (lh) (Entered: 02/23/1998)
ORDER by Judge John Corbett O'Meara referring motion to unify caption in Magistrate Goldman's Order of 01/22/98 [225−1] and motion for discovery sanctions by plaintiff [224−1] to Magistrate Judge Marc L. Goldman in 2:96−cv−71416 for hearing and determination (db) (Entered: 02/26/1998)
PROOF of mailing of defendant's objection and response to USA's sixth request for production of documents (db) (Entered: 02/26/1998)
SUMMONS returned executed by process server on 2/11/98 − answer due 3/3/98 for Cunningham in 2:96−cv−71416 (lh) (Entered: 02/27/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion to unify caption in Magistrate Goldman's Order of 01/22/98 [225−1] set for 1:30 3/19/98, motion for discovery sanctions by plaintiff [224−1] set for 1:30 3/19/98 (pp) (Entered: 03/03/1998)
MOTION hearing held on motion for protective order by Fulmer [196−1], motion to permit transfer prisoner by MI Dept Corr, MI Dept Corr [195−1] − disposition: under advisement − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 98−6,7 (pp) (Entered: 03/05/1998)

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03/02/1998 03/02/1998
03/03/1998 03/03/1998 03/03/1998 03/04/1998 03/04/1998 03/04/1998 03/10/1998 03/11/1998
03/11/1998 03/12/1998
03/17/1998 03/18/1998 03/18/1998 03/18/1998 03/19/1998

MOTION hearing held on motion for discovery sanctions by plaintiff [194−1] − disposition: DENIED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 98−6,7 (pp) (Entered: 03/05/1998)
NOTICE by Magistrate Judge Goldman's chambers of hearing on motion to unify caption in Magistrate Goldman's Order of 01/22/98 [225−1] in 2:96−cv−71416, for discovery sanctions by plaintiff [224−1] in 2:96−cv−71416, motion to unify caption in Magistrate Goldman's Order of 01/22/98 [0−1] in 2:97−cv−71514 with proof of mailing. (PP) (Entered: 03/05/1998)
APPEARANCE for defendant Cunningham in 2:96−cv−71416 of attorney John L. Thurber with proof of mailing (lh) (Entered: 03/04/1998)
ANSWER by defendant Cunningham in 2:96−cv−71416 to amended complaint by plaintiff [133−1] with proof of mailing (lh) (Entered: 03/04/1998)
AFFIRMATIVE defenses by defendant Cunningham in 2:96−cv−71416 with proof of mailing (lh) (Entered: 03/04/1998)
PROOF of mailing by plaintiff USA in 2:97−cv−71514 of notice of deposition(see pleading for deponents). (PP) (Entered: 03/05/1998)
ORDER by Judge John Corbett O'Meara, extending time to answer motion for discovery sanctions by plaintiff [224−1] in 2:96−cv−71416 (PP) (Entered: 03/05/1998)
PROOF of mailing by plaintiff USA (in 2:97−cv−71514) of notice of taking deposition for Jennifer Bloss, et al. (dp) (Entered: 03/06/1998)
ORDER by Judge John Corbett O'Meara, regarding tour by experts (ew) (Entered: 03/11/1998)
SCHEDULE: by Judge John Corbett O'Meara deadline for response to motion for discovery sanctions by plaintiff [224−1] set for 3/13/98 in 2:96−cv−71416, in 2:97−cv−71514 in 2:96−cv−71416, motion for discovery sanctions by plaintiff [0−1] set for 3/13/98 in 2:96−cv−71416, in 2:97−cv−71514 in 2:97−cv−71514 (dg) (Entered: 03/11/1998)
MOTION by defendants in 2:96−cv−71416 and, 2:97−cv−71514 for additional enlargement of time in which to file answers to plaintiff's interrogatories with brief and proof of mailing (ew) (Entered: 03/12/1998)
RESPONSE by defendants in 2:96−cv−71416, 2:97−cv−71514 to motion for discovery sanctions by plaintiff [224−1] in 2:96−cv−71416, motion for discovery sanctions by plaintiff [0−1] in 2:97−cv−71514 with attachments and proof of mailing (ew) (Entered: 03/13/1998)
PROOF of mailing of mailing of notices of depositions (See pleading for names of parties) (ld) (Entered: 03/18/1998)
SCHEDULE: by Judge John Corbett O'Meara deadline for answers to interrogatories set for 3/27/98 in 2:96−cv−71416, in 2:97−cv−71514 by defendants (dg) (Entered: 03/18/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman deadline for supplemental brief by plaintiff and defendant Fullmer regarding motion for protective order set for 3/23/98 (pp) (Entered: 03/23/1998)
STIPULATION and order by Judge John Corbett O'Meara, to extend time to file supplemental response to defendant Fullmer's motion for protective order (ew) Modified on 03/26/1998 (Entered: 03/26/1998)
MOTION hearing held on motion to unify caption in Magistrate Goldman's Order of 01/22/98 [225−1], motion for discovery sanctions by plaintiff [224−1] − disposition: GRANTED as to motion to compel (entitled motion for sanctions), sanctions DENIED. GRANTED as to motion to unify − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 98−10 (pp) (Entered: 03/23/1998)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 16 of 61

03/20/1998 03/20/1998 03/20/1998
03/23/1998
03/25/1998 03/27/1998 03/27/1998 03/30/1998 03/30/1998 03/31/1998 03/31/1998 04/01/1998 04/02/1998 04/02/1998 04/02/1998 04/02/1998 04/02/1998 04/03/1998 04/08/1998

SUPPLEMENTAL brief by defendant Fulmer in support of motion for protective order by Fulmer [196−1] in 2:96−cv−71416 with proof of mailing (db) (Entered: 03/23/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman deadline for plaintiff to file prelim. lay witness list set for 5/1/98 and until 06/01/98 to file their expert witness list (pp) (Entered: 03/23/1998)
ORDER by Magistrate Judge Marc L Goldman granting motion to compel (entitled motion for discovery sanctions) by plaintiff [224−1] in 2:96−cv−71416, set deadline for discovery , set deadline for witness list with proof of mailing (ew) Modified on 04/03/1998 (Entered: 03/26/1998)
SUPPLEMENTAL memorandum by plaintiff in opposition to motion for protective order by Fulmer [196−1] in 2:96−cv−71416, motion for protective order by Fulmer [0−1] in 2:97−cv−71514 with proof of mailing (ew) (Entered: 03/25/1998)
PROOF of mailing of order to extend time to file supplemental response to defendant Fullmer's motion for protective order (ew) (Entered: 03/26/1998)
MOTION by defendant Sally Langley in 2:96−cv−71416 for additional time in which to file answers to plaintiffs' interrogatories with brief and proof of mailing (db) Modified on 04/02/1998 (Entered: 03/30/1998)
RESPONSE by plaintiffs' in 2:96−cv−71416 to motion for additional enlargement of time in which to file answers to plaintiff's interrogatories by defendant [238−1] with attachment and proof of mailing (lh) (Entered: 03/31/1998)
PROOF of mailing of defendant's response to plaintiffs' first set of interrogatories to defendant McGinnis (lh) (Entered: 03/31/1998)
PROOF of mailing of defendant's response to plaintiffs' first set of interrogatories to defendant Terri Huffman (lh) Modified on 04/28/1999 (Entered: 03/31/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman deadline for answers by defendant Sally Langley in 2:96−cv−71416 to interrogatories set for 4/1/98 (pp) (Entered: 04/02/1998)
ORDER by Magistrate Judge Marc L. Goldman for defendant Langley until April 1, 1998 in which to file answers to plaintiff's interrogatories (ls) (Entered: 04/07/1998)
ORDER by Judge John Corbett O'Meara granting motion for additional time in which to file answers to plaintiffs' interrogatories by Sally Langley [247−1] in 2:96−cv−71416 and [0−1] in 2:97−cv−71514 (lh) (Entered: 04/02/1998)
50 WITNESS list by defendants in 2:97−cv−71514 with proof of mailing (lg) Modified on 04/03/1998 (Entered: 04/03/1998)
PROOF of mailing of copies of responses to discovery request to Shanetta Y. Brown Cutlar (lh) (Entered: 04/03/1998)
PROOF of mailing of responses to discovery requests mailied to Deborah LaBelle (lh) (Entered: 04/03/1998)
OBJECTIONS by defendants' in 2:96−cv−71416 to Magistrate's order of 3/20/98 requiring defendants to provide all outstanding discovery [245−1] [245−2] [245−3] in 2:96−cv−71416 with attachment and proof of mailing (lh) (Entered: 04/03/1998)
PRELIMINARY lay witness list by defendant in 2:96−cv−71416 with proof of mailing (lh) (Entered: 04/03/1998)
PROOF of mailing of defendants' response to plaintiff's first set of interrogatories to defendant Sally Langley with documents included in response to Interrogatory # 1,3, 6 and 7 (ls) (Entered: 04/07/1998)
MEMORANDUM opinion and order by Magistrate Judge Marc L. Goldman granting in part and denying in part motion for protective order by Fulmer [196−1] in 2:96−cv−71416 with proof of mailing (db) (Entered: 04/14/1998)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 17 of 61

04/09/1998 04/10/1998 04/20/1998 04/24/1998 04/24/1998 04/29/1998 05/11/1998 05/11/1998 05/18/1998 05/28/1998
05/28/1998 06/01/1998 06/01/1998 06/05/1998 06/05/1998 06/05/1998 06/05/1998 06/05/1998 06/10/1998 06/10/1998

TRANSCRIPT taken on 3/19/98 of motion proceeding (db) (Entered: 04/13/1998)
RESPONSE by plaintiffs to defendants' objections to Magistrate Goldman's order of 3/20/98 [254−1] in 2:96−cv−71416 with attachments and proof of mailing (db) Modified on 04/14/1998 (Entered: 04/14/1998)
52 STIPULATION by the parties, for partial dismissal (lg) Modified on 04/23/1998 (Entered: 04/21/1998)
WAIVER of confidentiality by defendants' Kenneth McGinnis MI Dept Corr John Engler Joan Yukins Sally Langley and MI St in 2:97−cv−71514 with proof of mailing (bk) (Entered: 04/27/1998)
53 ORDER by Judge John Corbett O'Meara, for partial dismissal of defendants Scott and Crane Correctional Facilities with prejudice (RH) (Entered: 04/28/1998)
54 PROOF of mailing by defendants in 2:97−cv−71514 of response and objections to U.S.'s eighth request for production of documents together with the affidavit of Sally Langley (nh) (Entered: 04/30/1998)
ORDER by Judge John Corbett O'Meara with stipulation, concerning extending time for production of expert reports (ld) (Entered: 05/13/1998)
ORDER by Magistrate Judge Marc L. Goldman that MI Dept of Corr be permitted to transfer Ms. Myrick from the Huron Valley Ctr to the Scott Corr Facility with proof of mailing (ld) (Entered: 05/15/1998)
PROOF of mailing by defendants' in 2:97−cv−71514, defendants' in 2:97−cv−71514 of Third Request for Production of Documents (bk) (Entered: 05/22/1998)
MOTION by counsel for defendant Gallagher in 2:96−cv−71416 to withdraw by John L. Thurber in 2:96−cv−71416, John L. Thurber in 2:97−cv−71514 as attorney for Christopher Gallagher in 2:96−cv−71416 with brief, and proof of mailing (bk) (Entered: 05/28/1998)
PROOF of mailing by plaintiff USA in 2:97−cv−71514 of third set of interrogatories, ninth request for production of documents. (PP) (Entered: 06/01/1998)
PROOF of mailing of notices of taking deposition duces tecum pertaining to defendant Officer Reed, Officer Phillip Lewis, William Ellison, and Officer Wes Bonney (PP) (Entered: 06/01/1998)
ORDER by Judge John Corbett O'Meara, that depositions of the party defendants shall take place as notice at the law offices of plaintiffs' counsel with proof of mailing. (PP) (Entered: 06/02/1998)
MOTION by defendant FNU Portman in 2:96−cv−71416 for protective order with brief and proof of mailing (ls) (Entered: 06/08/1998)
SUBPOENA returned executed by process server on 6/1/98 as to Officer Reed with attachment (ls) (Entered: 06/08/1998)
EXPARTE motion by plaintiffs in 2:96−cv−71416 to extend summons (ls) (Entered: 06/08/1998)
PROOF of mailing of notice of taking deposition duces tecum pertaining to Sally Brayton (ls) (Entered: 06/08/1998)
PROOF of mailing of amended notice of taking deposition duces tecum pertaining to defendant Officer Reed (ls) (Entered: 06/08/1998)
ORDER by Judge John Corbett O'Meara extending the deadline for defendants McGinnis, Yukins, Langley and Huffman to respond to plaintiffs' second set of interrogatories (ls) (Entered: 06/12/1998)
ORDER by Judge John Corbett O'Meara, referring motion for protective order by FNU Portman [272−1] to Magistrate Marc L. Goldman in 2:96−cv−71416 , for hearing and determination (ls) (Entered: 06/12/1998)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 18 of 61

06/10/1998 06/15/1998
06/16/1998 06/16/1998 06/22/1998 06/25/1998 06/26/1998 06/26/1998 06/26/1998 06/26/1998 06/29/1998
06/29/1998
06/29/1998
06/30/1998
07/01/1998 07/02/1998 07/02/1998

ORDER by Judge John Corbett O'Meara granting motion to extend summons by plaintiff [274−1] in 2:96−cv−71416, 2:97−cv−71514 (ls) (Entered: 06/12/1998)
RESPONSE in opposition by plaintiff USA in 2:97−cv−71514 to motion for protective order by FNU Portman [272−1] in 2:96−cv−71416, motion for protective order by FNU Portman [0−1] in 2:97−cv−71514 with proof of mailing (PP) (Entered: 06/16/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion for protective order by FNU Portman [272−1] set for 10:30 7/9/98 (pp) (Entered: 06/17/1998)
NOTICE by the court of hearing on motion for protective order by FNU Portman [272−1] in 2:96−cv−71416 with proof of mailing (DT) (Entered: 06/24/1998)
PROOF of mailing of notice of taking deposition duces tecum pertaining to defendant Maurice Steward (DT) (Entered: 06/22/1998)
MOTION by plaintiffs in 2:96−cv−71416 for entry of order to compel discovery and for sanctions with brief, attachments and proof of mailing (DT) Modified on 02/01/1999 (Entered: 06/29/1998)
55 MOTION by defendants to modify scheduling order and for shortening plaintiffs time for response with brief, affidavit and proof of mailing (nh) (Entered: 06/29/1998)
SUBPOENA returned executed by process server on 6/9/98 as to Sally Brayton (ls) (Entered: 06/30/1998)
SUBPOENA returned executed by process server on 6/9/98 as to Deputy Warden Daniel Hawkins (ls) (Entered: 06/30/1998)
SUMMONS returned executed by process server on 6/16/98 − answer due 7/6/98 for Simmons in 2:96−cv−71416 (ls) (Entered: 06/30/1998)
56 ORDER by Judge John Corbett O'Meara, referring motion to modify scheduling order and for shortening plaintiffs time for response by defendant [55−1] to Magistrate Judge Marc L. Goldman , for hearing and determination with proof of mailing. (LS) Modified on 06/30/1998 (Entered: 06/30/1998)
PROOF of mailing of defendants' response to plaintiff's second set of interrogatories directed to McGinnis, Joan N. Yukins', Sally Langley &Herri Huffman and McGinnis' response to plaintiff's third request for production of documents (ls) (Entered: 06/30/1998)
ORDER by Judge John Corbett O'Meara referring motion to compel discovery by plaintiff [286−1] and motion for sanctions by plaintiff [286−2] to Magistrate Judge Marc L. Goldman in 2:96−cv−71416 , for hearing and determination (ls) (Entered: 06/30/1998)
RESPONSE by plaintiff USA in 2:97−cv−71514 to motion to modify scheduling order by defendant [300−1] in 2:96−cv−71416, motion to modify scheduling order by defendant [0−1] in 2:97−cv−71514 with brief and attachments (ew) (Entered: 07/07/1998)
PROOF of mailing of personnel file belonging to defendant Maurice Steward in answer to #93 of plaintiffs' third request for production of documents (ls) (Entered: 07/02/1998)
57 REPLY by defendants in 2:97−cv−71514 to response to motion to modify scheduling order and for shortening plaintiffs time for response by defendant [55−1] in 2:97−cv−71514 with of mailing (lg) (Entered: 07/06/1998)
MOTION and brief by defendants in 2:96−cv−71416, 2:97−cv−71514 to extend time to answer motion to compel discovery [286−1] and, motion for sanctions by plaintiffs [286−2] in 2:96−cv−71416 with proof of mailing (ew) Modified on 02/01/1999 (Entered: 07/07/1998)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 19 of 61

07/02/1998 07/06/1998
07/06/1998 07/06/1998 07/06/1998 07/06/1998 07/06/1998 07/06/1998 07/06/1998 07/06/1998 07/06/1998 07/06/1998
07/07/1998 07/07/1998 07/07/1998 07/07/1998 07/07/1998
07/09/1998

WITNESS list by defendants in 2:96−cv−71416, 2:97−cv−71514 (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
ORDER by Judge John Corbett O'Meara, referring motion to extend time to answer motion to compel discovery [286−1] and, motion for sanctions by plaintiffs [286−2] in 2:96−cv−71416 by defendants [293−1] to Magistrate Judge Marc L. Goldman in 2:96−cv−71416, [0−1] 2:97−cv−71514 , for hearing and determination (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
APPEARANCE for defendant Maurice Steward in 2:96−cv−71416 of attorney John L. Thurber (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
ANSWER by defendant Maurice Steward in 2:96−cv−71416 to amended complaint by plaintiffs [133−1] in 2:96−cv−71416 with proof of mailing (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
AFFIRMATIVE defenses by defendant Maurice Steward in 2:96−cv−71416 (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
APPEARANCE for defendant Simmons in 2:96−cv−71416 of attorney John L. Thurber (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
ANSWER by defendant Simmons in 2:96−cv−71416 to amended complaint by plaintiff [133−1] in 2:96−cv−71416 (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
AFFIRMATIVE defenses by defendant Simmons in 2:96−cv−71416 (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
MOTION by defendants in 2:96−cv−71416, 2:97−cv−71514 to modify scheduling order and, for shortening plaintiffs' time for response with brief and attachments (ew) Modified on 07/22/1998 (Entered: 07/07/1998)
PROOF of mailing by defendant in 2:96−cv−71416 of personnel file belonging to defendant Leroy Watson in answer to #93 of plaintiffs' third request for production of documents (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
WITNESS list by plaintiffs in 2:96−cv−71416 (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
ORDER by Judge John Corbett O'Meara, referring motion to extend time to answer motion to compel discovery [286−1] and, motion for sanctions by plaintiffs [286−2] in 2:96−cv−71416 by defendant [295−1] [0−1] to Magistrate Judge Marc L. Goldman in 2:97−cv−71514 with attachment (ew) Modified on 07/07/1998 (Entered: 07/07/1998)
58 SUMMONS returned executed by personal service on 6/25/98 − answer due 7/15/98 for Edwards in 2:96−cv−71416 (ew) Modified on 08/12/1998 (Entered: 07/10/1998)
59 PROOF of mailing of subpoena duces tecum pertaining to Stanley Joe Dorn (ew) Modified on 08/12/1998 (Entered: 07/10/1998)
PROOF of mailing of plaintiffs' First Set of Interrogatories and Request for Production of Documents to defendant Reed (ew) Modified on 08/12/1998 (Entered: 07/10/1998)
PROOF of mailing of plaintiffs' First Set of Interrogatories and Request for Production of Documents to defendant Lewis (ew) Modified on 08/12/1998 (Entered: 07/10/1998)
RESPONSE by plaintiff in 2:96−cv−71416 to motion to modify scheduling order by defendant [300−1] in 2:96−cv−71416, motion for shortening plaintiffs' time for response by defendant [300−2] in 2:96−cv−71416, motion to modify scheduling order by defendant [0−1], [0−2] in 2:97−cv−71514 with proof of mailing (ew) Modified on 08/12/1998 (Entered: 07/10/1998)
MOTION hearing held on motion to modify scheduling order by defendant [300−1], motion for shortening plaintiffs' time for response by defendant [300−2] − disposition: under advisement − Magistrate Judge Marc L. Goldman − Court

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 20 of 61

07/09/1998 07/13/1998 07/16/1998
07/17/1998 07/17/1998 07/17/1998 07/17/1998
07/21/1998 07/21/1998 07/21/1998 07/21/1998 07/22/1998
07/22/1998 07/22/1998 07/22/1998
07/27/1998

Reporter: cv tape 98−21 (pp) (Entered: 07/14/1998)
MOTION hearing held on motion for protective order by FNU Portman [272−1] − disposition: DENIED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 98−21 (pp) (Entered: 07/14/1998)
ORDER by Magistrate Judge Marc L. Goldman denying motion for protective order by FNU Portman [272−1] in 2:96−cv−71416, 2:97−cv−71514 with certificate of service (bk) Modified on 08/12/1998 (Entered: 07/15/1998)
ORDER by Judge John Corbett O'Meara that the parties in USA vs Michgian shall not exchange final lay witness lists on 07/01/98 pending resolution of defendants' motion to modify Scheduling Order and for shortening plaintiffs' time for response (bk) Modified on 08/12/1998 (Entered: 07/20/1998)
RETURN of service executed by US Marshal on 6/14/98 of deposition subpoena as to Maha Kouza (DT) Modified on 08/12/1998 (Entered: 07/20/1998)
RESPONSE in opposition by defendants in 2:96−cv−71416 to plaintiffs' motion to compel and for sanctions [286−1] [286−2] with brief and proof of mailing (DT) Modified on 08/12/1998 (Entered: 07/20/1998)
APPEARANCE as co−counsel for defendants in 2:96−cv−71416 of attorney Mark W. Matus with proof of mailing (DT) Modified on 08/12/1998 (Entered: 07/20/1998)
ORDER by Judge John Corbett O'Meara referring defendants motion to withdraw by John L. Thurber in 2:96−cv−71416 [268−1] to Magistrate Judge Marc L. Goldman for hearing and determination (DT) Modified on 08/12/1998 (Entered: 07/20/1998)
60 NOTICE by defendants in 2:97−cv−71514 of taking multiple depositions with subpoenas attached with proof of mailing (see pleading for names, dates and time) (part 1) (dh) (Entered: 07/21/1998)
61 NOTICE by defendants in 2:97−cv−71514 of taking multiple depositions with subpoenas attached with proof of mailing (see pleading for names, dates and time) (part 2) (dh) (Entered: 07/21/1998)
62 ORDER by Judge John Corbett O'Meara with stipulation for taking deposition of prisoner witnesses (nh) (Entered: 07/22/1998)
63 APPEARANCE for defendants of attorney Mark W. Matus with proof of mailing (nh) (Entered: 07/22/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman deadline for discovery set for 1/15/99 , deadline for witness list set for 8/31/98 , deadline for filing motions set for 2/15/99 , deadline for (miscellaneous) depositions of experts set for 1/15/99. Expert re−tours completed by 08/31/99. Exchange of disclosures for expert re−tours 09/30/99. Exchange of Disclosures under F.R.C.P. 26(a)(3) 02/01/99 (pp) (Entered: 07/22/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman deadline for response to motion to compel discovery by plaintiff [286−1] set for 7/16/98 (pp) (Entered: 07/22/1998)
ORDER by Magistrate Judge Marc L. Goldman granting motion to compel discovery by plaintiff [286−1] in 2:96−cv−71416, (ls) Modified on 08/12/1998 (Entered: 07/29/1998)
ORDER by Magistrate Judge Marc L. Goldman granting and denying in part motion to modify scheduling order by defendant [300−1], [300−2] in 2:96−cv−71416 with proof of mailing (ls) Modified on 08/12/1998 (Entered: 07/29/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion to withdraw by John L. Thurber in 2:96−cv−71416, John L. Thurber in 2:97−cv−71514 as attorney for Christopher Gallagher in 2:96−cv−71416 by FNU Gallagher, John L. Thurber, John L. Thurber [268−1] set for 10:30 8/10/98 (pp)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 21 of 61

07/27/1998 07/27/1998 07/27/1998 07/30/1998 08/03/1998 08/04/1998 08/04/1998 08/04/1998 08/04/1998 08/07/1998 08/07/1998
08/07/1998 08/07/1998

(Entered: 07/28/1998)
PROOF of mailing of Amended Re−Notice of taking deposition duces tecum pertaining to Defendant Howard (ls) Modified on 08/12/1998 (Entered: 07/29/1998)
PROOF of mailing of defendant's First Set of Interrogatories to plaintiffs' Jacquelyn Urbina Myrick, Monica Jahner and Patricia Dean (ls) Modified on 08/12/1998 (Entered: 07/29/1998)
NOTICE by the court of hearing on John Thurber's motion for leave to withdraw appearance (motion not on the docket) (ls) Modified on 08/12/1998 (Entered: 07/30/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion to compel discovery by plaintiff [286−1] set for 10:30 8/10/98, motion for sanctions by plaintiff [286−2] set for 10:30 8/10/98 (pp) (Entered: 07/31/1998)
OBJECTIONS by defendants' in 2:96−cv−71416; defendants' State of MI in 2:96−cv−71514 to order [316−1] with Exhibits and proof of mailing (bk) (Entered: 08/12/1998)
MOTION by plaintiff Linda Nunn in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 for Protective Order and request for immediate consideration with brief and proof of mailing (bk) Modified on 02/01/1999 (Entered: 08/12/1998)
PROOF of mailing by plaintiff Linda Nunn in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 of Notice of Taking Depostion duces tecum pertaining to defendants' Maurice Steward, Thomas Portman and Cunningham upon defendant MI Dept of Corrections (bk) (Entered: 08/12/1998)
PROOF of mailing by plaintiff Linda Nunn in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 of Re−Notice of taking Deposition duces tecum pertaining to defendants' Lewis, Hauk, Herrington and Howard upon defendants' (bk) (Entered: 08/12/1998)
PROOF of mailing by plaintiff Linda Nunn in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 of Fourth Request for Production of Documents upon defendants' (bk) (Entered: 08/12/1998)
APPEARANCE for defendant Simmons in 2:96−cv−71416 of co−counsel Marie Shamraj for defendants' with proof of mailing (bk) (Entered: 08/12/1998)
RESPONSE by defendants' Simmons, Edwards, Butters, Maurice Steward, Herrington, Cunningham, Haulk, Derrickson, Norris, Lewis, McCombs, Watson Richardson, Dorn, Wes Bonney, Reed Fulmer, Terri Huffman in 2:96−71416 and defendant Kenneth McGinnis in 2:97−cv−71514, defendant MI Dept Corr in 2:97−cv−71514, defendant John Engler in 2:97−cv−71514, defendant Joan Yukins in 2:97−cv−71514, defendant Sally Langley in 2:97−cv−71514, defendant MI St in 2:97−cv−71514 to Motion for Protective Order and Request for Immediate Consideration by USA, Linda Nunn [322−1] in 2:96−cv−71416, motion for Protective Order and Request for Immediate Consideration by USA, Linda Nunn [0−1] in 2:97−cv−71514 with Exhibits and proof (bk) (Entered: 08/12/1998)
SUPPLEMENTAL RESPONSE by defendants' to motion for Protective Order by USA, Linda Nunn [322−1] in 2:96−cv−71416, motion for Protective Order by USA, Linda Nunn [0−1] in 2:97−cv−71514 with Exhibits and proof of mailing (bk) (Entered: 08/12/1998)
REPLY by plaintiff Bertha Clark in 2:96−cv−71416, plaintiff Ikemia Russell in 2:96−cv−71416, plaintiff Stacy Barker in 2:96−cv−71416, plaintiff Helen Gibbs in 2:96−cv−71416, plaintiff Tracy Neal in 2:96−cv−71416, plaintiff Linda Nunn in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 in opposition to response to Motion for Protective Order by USA, Linda Nunn [322−1] 2:96−cv−71416, Motion for Protective Order by USA, Linda Nunn [0−1] in 2:97−cv−71514 with Exhibits and proof of service (bk) (Entered: 08/12/1998)

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08/10/1998 08/10/1998 08/10/1998 08/10/1998 08/10/1998
08/12/1998 08/12/1998 08/14/1998 08/17/1998 08/17/1998 08/18/1998
08/18/1998 08/20/1998 08/20/1998

64 NOTICE of appearance for defendant in 2:97−cv−71514 of attorney Marie Shamraj with proof of mailing (dh) (Entered: 08/11/1998)
NOTICE by defendant MI Dept Corr in 2:96−cv−71416 of taking deposition duces tecum of Monica Jahner on 9:00am on 08/26/98; NSI with proof of mailing (bk) (Entered: 08/12/1998)
NOTICE by defendant MI Dept Corr in 2:96−cv−71416 of taking deposition duces tecum of Patrical Lynn Dean at 9:00am on 08/28/98; NSI (bk) (Entered: 08/12/1998)
MOTION by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 to vacate, or otherwise, grant relief from 06/09/98 Order consolidating USA and Nunn for purposes of discovery , and for immediate consideration (hearing) with brief, exhibits and proof of mailing (bk) (Entered: 08/12/1998)
MOTION hearing held on motion for Protective Order by USA, Linda Nunn [322−1], motion to compel discovery by plaintiff [286−1], motion to withdraw by John L. Thurber in 2:96−cv−71416, John L. Thurber in 2:97−cv−71514 as attorney for Christopher Gallagher in 2:96−cv−71416 by FNU Gallagher, John L. Thurber, John L. Thurber [268−1] − disposition: GRANTED − Magistrate Judge Marc L. Goldman − Court Reporter: cv Tape 98−33,34 (pp) (Entered: 08/13/1998)
OBJECTIONS by plaintiff Linda Nunn in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 to Exhibit 1 ("Proposed Alternate Schedule" of Motion for Protective Order by USA, Linda Nunn [322−1] in 2:96−cv−71416; Exhibit 1 in Motion for Protective Order by USA, Linda Nunn [0−1] in 2:97−cv−71514 with Attachments and proof of (bk) (Entered: 08/13/1998)
65 OPPOSITION by plaintiff USA in 2:97−cv−71514 to objection by USA, Linda Nunn [0−1], with proof of service (RH) (Entered: 08/14/1998)
RESPONSE by Nunn plaintiffs' in 2:96−cv−71416 to objection by Simmons [321−1] in 2:96−cv−71416 with proof of mailing (PP) Modified on 08/17/1998 (Entered: 08/17/1998)
REPLY by plaintiff USA in 2:97−cv−71514 to response to motion for Protective Order by USA, Linda Nunn [322−1] in 2:96−cv−71416, motion for Protective Order by USA, Linda Nunn [0−1] in 2:97−cv−71514 with proof of mailing (PP) (Entered: 08/18/1998)
MOTION to withdraw by Mark W. Matus in 2:96−cv−71416, Mark W. Matus in 2:97−cv−71514 as attorney for FNU Portman in 2:96−cv−71416 with brief, and proof of mailing. (PP) Modified on 02/01/1999 (Entered: 08/18/1998)
ORDER by Judge John Corbett O'Meara accepting order [316−1] in 2:96−cv−71416, 2:97−cv−71514, granting in part and denying in part motion to modify scheduling order by defendant [300−1] in 2:96−cv−71416, 2:97−cv−71514, granting in part and denying in part motion for shortening plaintiffs' time for response by defendant [300−2] in 2:96−cv−71416, 2:97−cv−71514, granting in part and denying in part motion to modify scheduling order and for shortening plaintiffs time for response by defendant [55−1] in 2:97−cv−71514, with proof of mailing. (PP) (Entered: 08/19/1998)
ORDER by Judge John Corbett O'Meara, referring motion for relief from order and for immediate consideration (hearing) by MI Dept Corr, MI Dept Corr [0−2] to Magistrate Judge Marc L. Goldman , for hearing and determination with proof of mailing (nh) (Entered: 08/20/1998)
PROOF of mailing by defendant Simmons in 2:96−cv−71416 of answers to plaintiffs' first set of interrogatories and request for production of documents, defendant Maurice Steward's response to plaintiff's request for answers to interrogatories and request for production of documents. (PP) (Entered: 08/21/1998)
PROOF of mailing of copy of re−notice of deposition duces tecum of defendant McCombs (lh) (Entered: 08/24/1998)

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08/20/1998 08/20/1998 08/20/1998 08/20/1998 08/20/1998 08/20/1998
08/20/1998 08/21/1998 08/24/1998 08/24/1998 08/26/1998 08/27/1998 08/28/1998 08/28/1998
08/28/1998 08/31/1998 08/31/1998 08/31/1998
08/31/1998

PROOF of mailing of copy of plaintiffs' response to defendants' first interrogatories to Jacquelyn Myrick (lh) (Entered: 08/24/1998)
PROOF of mailing of copy of Nunn plaintiffs' fifth request for production of documents (lh) (Entered: 08/24/1998)
PROOF of mailing of plaintiffs' sixth request for production of documents (lh) (Entered: 08/24/1998)
SUBPOENA returned executed by process server on 7/29/98 as to Sgt. Hackworth (lh) (Entered: 08/24/1998)
SUBPOENA returned executed by process server on 7/29/98 as to Officer E Weeks (lh) (Entered: 08/24/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion to vacate, or otherwise, grant relief from 06/09/98 Order consolidating USA and Nunn for purposes of discovery by MI Dept Corr, MI Dept Corr [333−1] set for 10:30 9/2/98, motion for immediate consideration (hearing) by MI Dept Corr, MI Dept Corr [333−2] set for 10:30 9/2/98 (pp) (Entered: 08/24/1998)
NOTICE by the Court of hearing on motion for immediate consideration (hearing) by MI Dept Corr, MI Dept Corr [333−2] (RH) (Entered: 08/27/1998)
66 STIPULATION by the parties, for partial dismissal with proof of mailing (lg) (Entered: 08/25/1998)
67 ORDER by Judge John Corbett O'Meara, referring motion to withdraw by Mark W. Matus as attorney for FNU Portman in 2:96−cv−71416 [0−1] to Magistrate Judge Marc L. Goldman for hearing and determination (lg) (Entered: 08/25/1998)
68 ORDER by Judge John Corbett O'Meara, of dismissal regarding medical care services (lg) (Entered: 08/25/1998)
RESPONSE by plaintiff Linda Nunn in 2:96−cv−71416 to motion for relief from order and for immediate consideration [333−1] in 2:96−cv−71416 and in 2:97−cv−71514 (RH) (Entered: 08/27/1998)
WITNESS list by defendant Fulmer in 2:96−cv−71416 with proof of mailing (DT) (Entered: 08/28/1998)
MOTION by plaintiff USA in 2:97−cv−71514 to compel production of documents with proposed order, brief, exhibits and proof of mailing (DT) Modified on 02/01/1999 (Entered: 08/28/1998)
ORDER by Judge John Corbett O'Meara granting in part and denying in part plaintiff's 2/17/98 motion for discovery sanctions and to compel discovery [224−1] in 2:96−cv−71416 and affirming Magistrate Judge Goldman's 3/20/98 order [245−1] [245−2] [245−3] with proof of mailing (DT) (Entered: 08/28/1998)
RESPONSE by plaintiffs to motion to withdraw by Mark W. Matus in 2:96−cv−71416 as attorney for Portman [337−1] [0−1] with attachments and proof of mailing (DT) Modified on 09/02/1998 (Entered: 09/02/1998)
MOTION by defendants in 2:96−cv−71416 to compel discovery and for leave to file to serve in excess of 25 interrogatories with brief, attachments and proof of mailing (DT) (Entered: 09/01/1998)
REQUEST by defendants in 2:96−cv−71416 for immediate consideration (DT) (Entered: 09/01/1998)
ORDER by Judge John Corbett O'Meara referring motion to compel production of documents by USA [354−1] [0−1] to Magistrate Judge Marc L. Goldman in 2:97−cv−71514 for hearing and determination (DT) Modified on 09/02/1998 (Entered: 09/01/1998)
71 REVISED ORDER by Judge John Corbett O'Meara, partial dismissal regarding medical care services (RH) (Entered: 09/02/1998)

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08/31/1998 08/31/1998 08/31/1998 08/31/1998 09/01/1998 09/01/1998 09/01/1998 09/01/1998 09/02/1998 09/02/1998
09/02/1998
09/02/1998
09/03/1998 09/03/1998 09/03/1998

TRANSCRIPT taken on 8/10/98 of motion (DT) (Entered: 09/03/1998)
FIRST AMENDED WITNESS list by plaintiffs' Bertha Clark, Ikemia Russell,Stacy Barker, Gribbs, Tracy Neal, Linda Nunn in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 with certificate of service (bk) (Entered: 09/08/1998)
PROOF of mailing by plaintiffs' in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 of Response to defendants' First Set of Interrogatories (bk) (Entered: 09/08/1998)
PROOF of mailing of Second Amended Notice of Taking Deposition duces tecum pertaining to defedant Cornell Howard upon defendant MI Dept of Corr (bk) (Entered: 09/08/1998)
69 WITNESS (expert and lay) list by defendants' in 2:97−cv−71514 with proof of mailing. (cf) (Entered: 09/02/1998)
70 WITNESS (expert and lay) list by defendants' in 2:97−cv−71514 (corrected page 1 of defendants' previously submitted expert and lay witness list) with proof of mailing. (cf) (Entered: 09/02/1998)
EXPERT AND LAY WITNESS list by defendants in 2:96−cv−71416 with proof of mailing (DT) Modified on 09/02/1998 (Entered: 09/02/1998)
ORDER by Judge John Corbett O'Meara referring defendants' motion to compel discovery [356−1] and motion for leave to file to serve in excess of 25 interrogatories [356−2] to Magistrate Judge Marc L. Goldman in 2:96−cv−71416 for report and recommendation with proof of mailing (DT) (Entered: 09/02/1998)
ERRATA by defendants in 2:96−cv−71416 correcting page 10 of defendants' expert and lay witness list [359−1] [0−1] with proof of mailing (DT) (Entered: 09/03/1998)
MOTION hearing held on motion to vacate, or otherwise, grant relief from 06/09/98 Order consolidating USA and Nunn for purposes of discovery by MI Dept Corr, MI Dept Corr [333−1], motion for immediate consideration (hearing) by MI Dept Corr, MI Dept Corr [333−2] − disposition: DENIED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 98−35 (pp) (Entered: 09/04/1998)
ORDER by Magistrate Judge Marc L. Goldman granting motion for entry of an order to compel discovery [286−1] and issuing sanctions by plaintiff [286−2] in 2:96−cv−71416 and that plaintiffs shall enter a default against defendant Gallagher for failure to provide answers to interrogatories, appear for deposition and otherwise failure to coopoerate with discovery with proof of mailing (lh) Modified on 09/09/1998 (Entered: 09/09/1998)
ORDER by Magistrate Judge Marc L. Goldman denying motion to vacate, or otherwise, grant relief from 06/09/98 Order consolidating USA and Nunn for purposes of discovery by MI Dept Corr, MI Dept Corr [333−1] [333−2] in 2:96−cv−71416, 2:97−cv−71514 and that the deposition of Cornell Howard By Nunn attorneys set for 9/3/98 is cancelled and that deposition will take place on the dates set by United States with proof of mailing (lh) Modified on 09/09/1998 (Entered: 09/09/1998)
ERRATA by defendants in 2:96−cv−71416 for motion to compel discovery [356−1] and motion for leave to file to serve in excess of 25 interrogatories [356−2] − attachments were inadvertently left off with attachments and proof of mailing(DT) Modified on 09/03/1998 (Entered: 09/03/1998)
PROOF of mailing by defendants in 2:96−cv−71416 of respone to plaintiffs' fourth request for production of documents (DT) (Entered: 09/03/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion to withdraw by Mark W. Matus in 2:96−cv−71416, Mark W. Matus in 2:97−cv−71514 as attorney for FNU Portman in 2:96−cv−71416 by Mark W. Matus, Mark W. Matus [337−1] set for 11:00 9/17/98 (pp) (Entered: 09/04/1998)

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09/03/1998 09/03/1998
09/08/1998
09/08/1998
09/08/1998
09/08/1998 09/08/1998 09/08/1998 09/09/1998 09/11/1998 09/11/1998 09/14/1998 09/14/1998 09/14/1998 09/14/1998 09/15/1998 09/16/1998
09/18/1998

NOTICE by court scheduling hearing on motion to withdraw by Mark W. Matus in 2:96−cv−71416, Mark W. Matus in 2:97−cv−71514 as attorney for FNU Portman [337−1] (lh) (Entered: 09/09/1998)
ORDER by Magistrate Judge Marc L. Goldman granting motion to withdraw John L. Thurber and Frank J Kelley as attorney for Christopher Gallagher [268−1] in 2:96−cv−71416, 2:97−cv−71514 (lh) Modified on 09/09/1998 (Entered: 09/09/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion to compel discovery by defendant [356−1] set for 11:00 10/1/98, motion for leave to file to serve in excess of 25 interrogatories by defendant [356−2] set for 11:00 10/1/98, motion to compel production of documents by USA [354−1] set for 11:00 10/1/98 (pp) Modified on 09/09/1998 (Entered: 09/09/1998)
RESPONSE by plaintiff in 2:96−cv−71416 to motion to compel discovery [356−1] and for leave to file to serve in excess of 25 interrogatories by defendant and request for immediate consideration [356−2] with attachment and proof of mailing (lh) (Entered: 09/10/1998)
RESPONSE by plaintiffs' in 2:96−cv−71416 to motion to compel discovery [356−1] and for leave to file to serve in excess of 25 interrogatories by defendant [356−2] with attachment and proof of mailing (lh) Modified on 09/10/1998 (Entered: 09/10/1998)
RESPONSE by plaintiffs in 2:96−cv−71416 to request for immediate consideration [356−1] (incorporated with response, #372) (lh) (Entered: 09/10/1998)
NOTICE by the Courtof hearing on motion to compel discovery by defendant [356−1] and motion to compel production of documents by USA [354−1] (RH) (Entered: 09/14/1998)
REQUEST by plaintiffs' in 2:96−cv−71416 for clerk's entry of default as to defendant Christopher Gallagher in 2:96−cv−71416 with affidavit (lh) (Entered: 09/14/1998)
ORDER by Judge John Corbett O'Meara addressing disclosure of "training modules" with proof of mailing (lh) (Entered: 09/10/1998)
MOTION by defendants' in 2:96−cv−71416 for reconsideration of order [355−1] in 2:96−cv−71416 , with brief, attachments, and proof of service (RH) Modified on 02/01/1999 (Entered: 09/14/1998)
RESPONSE by defendants in 2:96−cv−71416 to motion to compel production of documents (Michigan State Police Investigation Files) by USA [354−1] with proof of mailing (lh) (Entered: 09/15/1998)
72 PROOF of mailing by defendants of fourth request for production of documents (kg) (Entered: 09/14/1998)
73 NOTICE by defendant of taking deposition of Rosa Flores at 1:30 on 9/14/98 with attach subpoena and proof of mailing (kg) (Entered: 09/15/1998)
PROOF of mailing of defendant Sally Langley's response to fifth reequest for production of documents (lh) (Entered: 09/15/1998)
PROOF of mailing of defendant sally Langley's response to plaintiff's sixth request for production of documents (lh) (Entered: 09/15/1998)
MOTION by defendant in 2:96−cv−71416 for reconsideration of September 2, 1998 order with brief and exhibits and proof of mailing (lh) (Entered: 09/16/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion to withdraw by Mark W. Matus in 2:96−cv−71416, Mark W. Matus in 2:97−cv−71514 as attorney for FNU Portman in 2:96−cv−71416 by Mark W. Matus, Mark W. Matus [337−1] set for 11:00 10/1/98 (pp) (Entered: 09/16/1998)
SUPPLEMENTAL witness list by plaintiff in 2:96−cv−71416 with proof of mailing (lh) (Entered: 09/21/1998)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 26 of 61

09/18/1998 09/21/1998 09/22/1998 09/23/1998 09/24/1998 09/25/1998 09/28/1998 09/28/1998 09/28/1998 09/29/1998 10/01/1998
10/02/1998 10/02/1998
10/02/1998 10/02/1998
10/06/1998

PROOF of mailing of copy of plaintiff's third set of interrogatories to defendant Sallly Langley (lh) (Entered: 09/21/1998)
PROOF of mailing of first and second sets of interrogatories (ew) (Entered: 09/22/1998)
REPLY by plaintiff USA in 2:97−cv−71514 to response to motion to compel production of documents by USA [354−1] in 2:96−cv−71416, motion to compel production of documents by USA [0−1] in 2:97−cv−71514 with proof of mailing and exhibits (ew) (Entered: 09/22/1998)
PROOF of mailing of supplemental response to plaintiff's third request for production of documents to defendant McGinnis (ew) (Entered: 09/24/1998)
PROOF of mailing by defendants' 2:96−cv−71416, of fourth request for production of documents (RH) (Entered: 09/25/1998)
PROOF of mailing of notices of deposition duces tecum of plaintiffs with attachments (ls) (Entered: 09/29/1998)
74 PROOF of mailing by defendants of Fifth request for production of documents (nh) (Entered: 09/29/1998)
MOTION by plaintiffs in 2:96−cv−71416 for discovery sanctions with brief, attachments and proof of mailing (ls) Modified on 02/01/1999 (Entered: 09/30/1998)
AMENDED EXPERT and lay witness list by defendants in 2:96−cv−71416 with proof of mailing (ls) (Entered: 09/30/1998)
ORDER by Judge John Corbett O'Meara, referring motion for discovery sanctions by plaintiff [389−1] to Magistrate Judge Marc L. Goldman in 2:96−cv−71416 , for hearing and determination (ls) (Entered: 09/30/1998)
MOTION hearing held on motion for reconsideration of order [355−1] in 2:96−cv−71416 by defendant [374−1], motion to compel discovery by defendant [356−1], motion for leave to file to serve in excess of 25 interrogatories by defendant [356−2], motion to compel production of documents by USA [354−1], motion to withdraw by Mark W. Matus in 2:96−cv−71416, Mark W. Matus in 2:97−cv−71514 as attorney for FNU Portman in 2:96−cv−71416 by Mark W. Matus, Mark W. Matus [337−1] − disposition: GRANTED. The motion for reconsideration was resolved on the record by way of clarification of the Magistrate's previous order. The Motion for Reconsideration regarding Judge O'Meara's 9/2/98 order will be resolved by Judge O'Meara. − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 98−38 (pp) (Entered: 10/02/1998)
75 ORDER by Magistrate Judge Marc L. Goldman with stipulation for production of state police records (LS) (Entered: 10/06/1998)
PROOF of mailing by Magistrate Judge Goldman's chambers of order granting defendants' motion to serve in excess of twenty five interrogatories; order granting attorney Matus leave to withdraw appearance for defendant Portman, in case #96−71416; and stipulation and order for production of State Police Records in case 97−CV−71514DT. (PP) (Entered: 10/06/1998)
ORDER by Magistrate Judge Marc L. Goldman granting motion to withdraw by Mark W. Matus in 2:96−cv−71416, Mark W. Matus in 2:97−cv−71514 as attorney for FNU Portman (PP) (Entered: 10/06/1998)
ORDER by Magistrate Judge Marc L. Goldman granting motion to compel discovery by defendant [356−1] in 2:96−cv−71416, granting motion to compel discovery by defendant [0−1] in 2:97−cv−71514, granting motion for leave to file to serve in excess of 25 interrogatories by defendant [356−2] in 2:96−cv−71416, granting motion for leave to file to serve in excess of 25 interrogatories by defendant [0−2] in 2:97−cv−71514 (PP) (Entered: 10/06/1998)
SCHEDULE: by Magistrate Judge Marc L. Goldman hearing on motion for discovery sanctions by plaintiff [389−1] set for 10:00 10/26/98 (pp) (Entered: 10/06/1998)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 27 of 61

10/13/1998 10/13/1998 10/14/1998 10/14/1998 10/14/1998 10/15/1998 10/15/1998 10/16/1998
10/20/1998 10/21/1998 10/21/1998 10/22/1998 10/26/1998
10/26/1998 10/27/1998
10/27/1998 10/28/1998 10/28/1998 10/28/1998

PROOF of mailing by plaintiffs in 2:96−cv−71416 of response to defendants' fourth request for production of documents (DT) (Entered: 10/14/1998)
PROOF of mailing by plaintiffs in 2:96−cv−71416 of seventh request for production of documents (DT) (Entered: 10/14/1998)
APPEARANCE for defendants' in 2:96−cv−71416 of attorney Kevin M. Thom as co−counsel, with proof of service (RH) (Entered: 10/15/1998)
APPEARANCE for plaintiff USA in 2:97−cv−71514 of attorney Dana L Shoenberg with proof of mailing (lh) Modified on 10/19/1998 (Entered: 10/19/1998)
76 APPEARANCE for defendants in 2:97−cv−71514 of co−counsel Kevin M. Thom with proof of mailing (nh) (Entered: 10/28/1998)
RESPONSE by defendants in 2:96−cv−71416 to plaintiffs' motion to amend complaint [1−1][402−1] with proof of mailing(DT) Modified on 10/19/1998 (Entered: 10/16/1998)
ORDER by Magistrate Judge Marc L. Goldman that defendant Thomas Portman appear for deposition on 12/1/98 @ 9:00 am (lh) (Entered: 10/19/1998)
ORDER by Judge John Corbett O'Meara referring motion to amend complaint [1−1] by plaintiff [402−1] to Magistrate Judge Marc L. Goldman in 2:96−cv−71416 for hearing and determination with proof of mailing (lh) (Entered: 10/19/1998)
REPLY by plaintiffs' in 2:96−cv−71416 to defendants' response to motion for discovery sanctions [389−1] in 2:96−cv−71416 and [0−1] in 2:97−cv−71514, with exhibits 1,2 and proof of service (RH) (Entered: 10/22/1998)
ORDER by Judge John Corbett O'Meara with stipulation concerning confidentiality of Michigan State Police documents that may disclose the identity of confidential informants (RH) (Entered: 10/22/1998)
TRANSCRIPT taken on 10/1/98 of motion hearing (RH) (Entered: 10/23/1998)
FOURTH AMENDED EXPERT AND LAY WITNESS list by state defendants in 2:96−cv−71416, with proof of service (RH) (Entered: 10/23/1998)
MOTION hearing held on motion to amend complaint [1−1] by plaintiff [402−1] − disposition: GRANTED as to addition of one additional plaintiff and three defendants. As to addition of count under the Violence Against Women's Act, held in abeyance pending further briefing. − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 98−40 (pp) (Entered: 10/27/1998)
MOTION hearing held on motion for discovery sanctions by plaintiff [389−1] − disposition: GRANTED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 98−40 (pp) (Entered: 10/27/1998)
ORDER by Magistrate Judge Marc L. Goldman granting motion to amend complaint [1−1] by plaintiff [402−1] in 2:96−cv−71416, plaintiff's motion to amend to add a count under the Violence Against Women's Act, 42 USC 13981 is held in abeyance pending further briefing (ew) (Entered: 10/29/1998)
ORDER by Magistrate Judge Marc L. Goldman granting motion for discovery sanctions by plaintiff [389−1] in 2:96−cv−71416 with proof of mailing (ew) (Entered: 10/29/1998)
PROOF of mailing of notice of additional method of recording deposition pertaining to Stacy Barker (RH) (Entered: 10/30/1998)
PROOF of mailing of notice of continuation of deposition duces tecum of Maurice Stewart (RH) (Entered: 10/30/1998)
PROOF of mailing of Nunn defendants deposition notices (RH) (Entered: 10/30/1998)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 28 of 61

10/28/1998 10/28/1998 10/28/1998 10/30/1998 11/03/1998 11/03/1998 11/04/1998 11/04/1998 11/04/1998 11/06/1998 11/09/1998 11/10/1998 11/12/1998 11/16/1998 11/16/1998 11/20/1998 11/23/1998
11/30/1998 12/04/1998 12/08/1998

PROOF of mailing of order to appear for deposition pertaining to defendant Portman (RH) (Entered: 10/30/1998)
SUMMONS returned executed by mail on 9/28/98 − answer due 10/18/98 for Cunningham in 2:96−cv−71416 (RH) (Entered: 10/30/1998)
REQUEST by plaintiffs' in 2:96−cv−71416 for clerk's entry of default as to defendant Edwards in 2:96−cv−71416 with attachment (RH) (Entered: 11/06/1998)
TRANSCRIPT taken on October 26, 1998 of motion hearing (ls) (Entered: 11/04/1998)
SUPPLEMENTAL brief by defendants in 2:96−cv−71416 to motion to amend complaint [1−1] by plaintiff [402−1] with proof of mailing (ls) (Entered: 11/04/1998)
ORDER by Judge John Corbett O'Meara, referring all pretrial non−dispositive motions to Magistrate Judge Marc L. Goldman , for hearing and determination (RH) (Entered: 11/17/1998)
ORDER by Judge John Corbett O'Meara with stipulation, to extending USA's time to 11/27/98 to respond to defendants' fifth request for production of documents (RH) (Entered: 11/05/1998)
PLAINTIFFS' MEMORANDUM On The Violence Against Women Acti, with proof of service (RH) (Entered: 11/05/1998)
APPEARANCE for plaintiff USA in 2:97−cv−71514 of attorney Dana L. Shoenberg (RH) Modified on 11/05/1998 (Entered: 11/05/1998)
CLERK'S entry of default as to defendant Edwards in 2:96−cv−71416 (RH) (Entered: 11/06/1998)
PROOF of mailing by defendant MI Dept Corr in 2:96−cv−71416 of supplemental response to item #23 of plaintiffs' first request for production of documents (DT) (Entered: 11/10/1998)
STATUS conference held with Magistrate Judge Goldman re: scheduling dates − Judge John Corbett O'Meara (dg) (Entered: 11/10/1998)
TELE−CONFERENCE held − Magistrate Judge Marc L. Goldman (pp) (Entered: 11/16/1998)
PROOF of mailing of discovery material (lh) Modified on 04/28/1999 (Entered: 11/18/1998)
ACKNOWLEDGMENT of service of summons and complaint by defendant Maurice Steward − received on 6/23/98 − answer due 7/13/98 for Maurice Steward (lh) Modified on 04/28/1999 (Entered: 11/18/1998)
PROOF of mailing of response and objections to defendants' fifth request for production of documents (ew) Modified on 04/28/1999 (Entered: 11/25/1998)
PROOF of mailing of plaintiffs' response to defendants' first set of interrogatories to plaintiff Tanika Lynch, plaintiffs' response to defendants' revised first set of interrogatories to plaintiff Linda Nunn, plaintiffs' response to defendants' first set of interrogatories to plaintiff Robin Mccardle, plaintiff's response to defendants' first interrogatories to plaintiff Nakeesha Golden and plaintiffs' response to defendants' revised first set of interrogatories to plaintiff Ikemia Russell (ew) (Entered: 11/24/1998)
PROOF of mailing by defendant MI Dept Corr in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 of Response and Objections to defendants' Fifth Request for Production of Documents (bk) (Entered: 11/30/1998)
SCHEDULING ORDER by Magistrate Judge Marc L. Goldman (DT) (Entered: 12/07/1998)
MOTION by defendants in 2:96−cv−71416 to compel independent mental examinations and psychological testing of 32 Nunn plaintiffs and request for

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 29 of 61

12/09/1998 12/11/1998 12/11/1998 12/14/1998 12/14/1998 12/15/1998
12/18/1998
12/22/1998
12/28/1998 12/28/1998 12/28/1998 01/04/1999 01/04/1999 01/04/1999 01/11/1999 01/14/1999 01/14/1999 01/14/1999 01/20/1999

immediate consideration with brief, attachments and proof of mailing (DT) Modified on 02/01/1999 (Entered: 12/08/1998)
MOTION by defendants Joan Yukins, Sally Langley and Kenneth McGinnis in 2:96−cv−71416 for protective order with brief, attachments and proof of mailing (DT) (Entered: 12/10/1998)
MOTION by defendants in 2:96−cv−71416, 2:97−cv−71514 for protective order with brief and proof mailing (ew) Modified on 02/01/1999 (Entered: 12/14/1998)
SETTLEMENT conference held. Parties unable to reach settlement agreement − Magistrate Judge Marc L. Goldman (pp) (Entered: 12/15/1998)
MOTION by defendant Watson in 2:96−cv−71416 to compel answers from plaintiff Herring with brief, proof of mailing and exhibits (ew) (Entered: 12/15/1998)
ORDER by Magistrate Judge Marc L. Goldman, requiring each Nunn Plaintiff to undergo an independent mental examination including psychological testing with proof of mailing (ew) Modified on 12/17/1998 (Entered: 12/17/1998)
NOTICE of setting hearing on motion for protective order by defendant [439−1] and, motion for protective order by Kenneth McGinnis, Sally Langley, Joan Yukins [438−1] for 10:30 1/7/99 in 2:96−cv−71416, [0−1] [0−1] in 2:97−cv−71514 (ew) Modified on 12/17/1998 (Entered: 12/17/1998)
ORDER by Judge John Corbett O'Meara with stipulation for extension of time for defendant State of Michigan to respond to USA's tenth request for production of documents to 1/20/99 in 2:96−cv−71416, 2:97−cv−71514 (lh) (Entered: 12/21/1998)
NOTICE by the Court of setting hearing on motion to compel answers from plaintiff Herring by Watson [440−1] for 10:00 1/21/99 in 2:96−cv−71416, in 2:97−cv−71514 in 2:96−cv−71416, motion to compel answers from plaintiff Herring by Watson [0−1] in 2:97−cv−71514 , with proof of service (RH) (Entered: 01/07/1999)
RESPONSE by plaintiffs' in 2:96−cv−71416 to motion for protective order [438−1] in 2:96−cv−71416 and in 2:97−cv−71514 with exhibits 1−2 and proof of service (RH) (Entered: 01/07/1999)
RESPONSE by Monica Herring in 2:96−cv−71416 to motion to compel answers from plaintiff Herring by Watson [440−1] in 2:96−cv−71416 and 2:97−cv−71514, with exhibits 1−6 and proof of service (RH) (Entered: 01/12/1999)
PROOF of mailing by plaintiff USA in 2:97−cv−71514 of fourth set of interrogatories (RH) (Entered: 01/12/1999)
77 PROOF of mailing by defendants of subpoena and notice of taking deposition (dp) Modified on 04/28/1999 (Entered: 01/05/1999)
PROOF of mailing of defendants' objections to Nunn plaintiffs' eight request for production of documents (RH) (Entered: 01/12/1999)
PROOF of mailing by defendant Sally Langley in 2:96−cv−71416, defendant Sally Langley in 2:97−cv−71514 of response to plaintiff's 9/17/98 third set of interrogatories (RH) (Entered: 01/12/1999)
PROOF of mailing of notices of deposition duces tecum (lg) (Entered: 01/13/1999)
(ew) (Entered: 01/19/1999)
NOTICE of taking duces tecum deposition of Inez Norris 1/25/99 thru 1/28/99 at 9:00 with proof of mailing (ew) (Entered: 01/19/1999)
NOTICE of deposition continuation of Theron Atkinson 1/29/99 at 9:00 with proof of mailing (ew) (Entered: 01/19/1999)
PROOF of mailing of defendant's sixth request for productionof documents and things (ew) (Entered: 01/21/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 30 of 61

01/20/1999 01/21/1999 01/21/1999 01/21/1999
01/21/1999
01/25/1999 01/26/1999 02/01/1999 02/01/1999
02/01/1999 02/01/1999 02/01/1999 02/05/1999 02/08/1999
02/09/1999 02/09/1999 02/09/1999
02/16/1999

PROOF of mailing of defendant's response and rejections to plaintiff's tenth request for production of documents (ew) (Entered: 01/21/1999)
PROOF of mailing of re−notice of continued deposition of plaintiff Annie Williams (ew) (Entered: 01/22/1999)
MOTION hearing held (by telephone) on motion to compel answers from plaintiff Herring by Watson [440−1] − disposition: GRANTED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape cv 99−2 (pp) (Entered: 01/22/1999)
MOTION hearing held(by telephone) on motion for protective order by defendant [439−1], motion for protective order by Joan Yukins, Sally Langley, Kenneth McGinnis [438−1] − disposition: DENIED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 99−2 (pp) (Entered: 01/22/1999)
ORDER by Magistrate Judge Marc L. Goldman granting motion to compel answers from plaintiff Herring by Watson [440−1] and denying motion for protective order by Joan Yukins, Sally Langley, Kenneth McGinnis [438−1] in 96cv71416 with proof of mailing (DT) (Entered: 01/26/1999)
PROOF of mailing by defendants of objections to Nunn plaintiffs' ninth request for production of documents (DT) Modified on 01/26/1999 (Entered: 01/26/1999)
PROOF of mailing by defendants in 2:96−cv−71416 of second set of interrogatories to plaintiff Monica Herring (DT) (Entered: 01/26/1999)
PROOF of mailing of defendants objections to plaintiff's eleventh request for production of documents (ls) (Entered: 02/02/1999)
ORDER by Magistrate Judge Marc L. Goldman granting motion to amend complaint [1−1] by plaintiff [402−1] in 2:96−cv−71416 and setting deadline for filing an amended complaint for 2/19/99 with proof of mailing (ls) (Entered: 02/04/1999)
TRANSCRIPT taken on July 9, 1998 of motion hearing (ls) (Entered: 02/04/1999)
TRANSCRIPT taken on September 2, 1998 of motion hearing (ls) (Entered: 02/04/1999)
TRANSCRIPT taken on January 21, 1999 of motion hearing (ls) (Entered: 02/04/1999)
MOTION by USA defendants' in 2:96−cv−71416 for relief from order with brief, affidavit of counsel, and proof of mailing. (PP) (Entered: 02/09/1999)
MOTION by defendants' in 2:96−cv−71416, defendants' in 2:97−cv−71514 to compel production of Tracy Neal's journals, inspection of the original journals and continuation of her deposition with brief, attachments, and proof of mailing. (PP) Modified on 03/26/1999 (Entered: 02/09/1999)
RE−NOTICE by defendants' in 2:96−cv−71416, defendants' in 2:97−cv−71514 of taking deposition duces tecum by oral examination and video taping of Ronesha Williams 2/24/99 at 9:00 a.m. with proof of mailing. (PP) (Entered: 02/10/1999)
NOTICE by defendants' in 2:96−cv−71416, defendants' in 2:97−cv−71514 of taking deposition duces tecum by oral examination and video taping of Tinajo McGraw 2/22/99 at 9:00 a.m. with proof of mailing. (PP) (Entered: 02/10/1999)
PROOF of mailing by plaintiff USA in 2:97−cv−71514 of notice of taking depositions of Jay Bales, Teresa Rockey, Dan Suhajda, Dean Dixon, Michael Dore, Michael Powell, Mary Lantis, Hugh Cox, Tony Lopez, Joe Lemke, Roy Vest, Daniel Hawkins, Ann Scott, Dennis Pierce, Mark Thompson, Glenda Wells, Phil Mainstone, Diane Oppenheim, Joann Bach, Denise Quarles, Robert Silva, Nate McQueen, Char Carberry, Theodore Monfette, John Slenk and Jim King (PP) (Entered: 02/11/1999)
PROOF of mailing by defendants' in 2:96−cv−71416 of fifth request for production of documents (RH) (Entered: 02/17/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 31 of 61

02/16/1999
02/18/1999 02/19/1999 02/19/1999 02/22/1999 02/23/1999 02/23/1999 02/24/1999 02/25/1999
02/25/1999 02/25/1999 02/25/1999 02/25/1999 02/26/1999 02/26/1999
02/26/1999

NOTICE by the Court setting hearing on motion to compel production of Tracy Neal's journals, inspection of the original journals and continuation of her deposition by Kenneth McGinnis, Simmons [466−1] in 2:96−cv−71416; 2:97−cv−71514 and 2:96−cv−71416, for 10:00 3/11/99 (RH) (Entered: 02/19/1999)
PROOF of mailing of plaintiff Herring's Response to defendant Watson's Motion to Compel Deposition Answers (bk) Modified on 04/28/1999 (Entered: 02/26/1999)
PROOF of mailing by plaintiff USA in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 of Final Witness List (bk) (Entered: 02/22/1999)
ORDER by Judge John Corbett O'Meara with stipulation, setting date of 3/2/99 in 2:96−cv−71416, in 2:97−cv−71514 for defendants' State of MI to Respond and/or Object to plaintiff's Fourth Set of Interrogatories (bk) (Entered: 02/22/1999)
RESPONSE by plaintiff USA in 2:97−cv−71514 to Motion for relief from order by Simmons [467−1] in 2:96−cv−71416, Motion for relief from order by Simmons [0−1] in 2:97−cv−71514 with certificate of service (bk) (Entered: 02/24/1999)
WITNESS list by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 (bk) (Entered: 02/24/1999)
78 WITNESS and expert witness list by defendants, with proof of mailing (kg) Modified on 04/28/1999 (Entered: 02/24/1999)
PROOF of mailing by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 of Sixth Request for Production of Documents (bk) (Entered: 02/25/1999)
COPY of Notice setting hearing on Motion to Compel Production of Tracy Neal's journals, inspection of the original journals and continuation of her deposition by Kenneth McGinnis, Simmons [466−1] in 2:96−cv−71416; 2:97−cv−71514 and 2:96−cv−71416, for 10:00 3/11/99 [472−1] in 2:96−cv−71416; Notice [466−1] in 2:96−cv−71416; 2:97−cv−71514 upon Gail A. Grieger and returned as undeliverable (bk) (Entered: 02/25/1999)
NOTICE by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 of taking deposition duces tecum of Ikemia Russell (Nunn Plaintiff) @ 9:00am on 03/08/99 , and to produce documents and things with proof of mailing (bk) (Entered: 02/25/1999)
PROOF of mailing of Response to defendants' First Set of Interrogatories to plaintiff Annie Williams, Eula Unsworth, and Rachel Clark, Second Set to plaintiff Tracy Neal, and revised Second Set to plaintiff Stacy Barker (bk) (Entered: 02/26/1999)
PROOF of mailing of plaintiffs' Response to defendants' First Set of Interrogatories to plaintiff Carolyn Wilson in 2:96−cv−71416 (bk) (Entered: 02/26/1999)
RE−NOTICE by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 of taking deposition duces tecum of Jacqueline Myrick (Nunn Plaint @ 1:00pm on 03/11/99 and for production of documents with proof of mailing (bk) (Entered: 03/02/1999)
RESPONSE by plaintiff Nunn to defendant's second motion for relief from order of consolidation [467−1] in 2:96−cv−71416 with attachment and proof of mailing (lh) Modified on 04/28/1999 (Entered: 03/01/1999)
RESPONSE by Nunn plaintiffs in 2:96−cv−71416 to motion to compel production of Tracy Neal's journals, inspection of the original journals and continuation of her deposition by Kenneth McGinnis, Simmons [466−1] in 2:96−cv−71416 with attachment and proof of mailing (lh) Modified on 04/28/1999 (Entered: 03/01/1999)
PROOF of mailing of copy of plaintiffs' response to defendants' second set of interrogatories to plaintiffs Monica Herring (lh) (Entered: 03/05/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 32 of 61

02/26/1999 02/26/1999 03/01/1999 03/02/1999 03/03/1999 03/04/1999 03/04/1999 03/05/1999 03/08/1999 03/09/1999 03/11/1999
03/15/1999
03/15/1999 03/15/1999 03/15/1999
03/15/1999
03/15/1999

WITNESS list by plaintiffs in 2:96−cv−71416 with proof of mailing (lh) (Entered: 03/05/1999)
SECOND amended complaint for injunctive declaratory relief and damages by plaintiffs in 2:96−cv−71416 with jury demand and proof of mailing (lh) (Entered: 03/05/1999)
PROOF of mailing of defendants' seventh request for production of documents (lh) (Entered: 03/02/1999)
PROOF of mailing of defendants' response to plaintiff United States of America's fourth set of interrogatories (lh) (Entered: 03/02/1999)
ORDER by Judge John Corbett O'Meara with stipulation setting deadline for response to objection by MI Dept [475−1] in 2:96−cv−71416 for 3/5/99 (lh) (Entered: 03/05/1999)
RE−NOTICE of taking deposition duces tecum of Rachel Clark on 3/24/99 @ 9:00 and for production of documents with proof of mailing (lh) (Entered: 03/05/1999)
RE−NOTICE of taking deposition duces tecum by oral examination and video taping of Nakesha Golden 3/22/99 @ 9:00 and for production of documents with proof of mailing (lh) (Entered: 03/05/1999)
RESPONSE by plaintiffs in 2:96−cv−71416 to defendants' objections to Magistrate's order granting plaintiffs' motion to amend complaint [475−1] with attachments and proof of mailing (ls) (Entered: 03/11/1999)
PROOF of mailing of notices of deposition and amended notices of deposition (ls) (Entered: 03/10/1999)
ORDER by Judge John Corbett O'Meara with stipulation, setting deadline for U.S. to respond to defendants' sixth request for production of documents (ls) (Entered: 03/11/1999)
MOTION hearing held on motion to compel production of Tracy Neal's journals, inspection of the original journals and continuation of her deposition by Kenneth McGinnis, Simmons [466−1], motion for relief from order by Simmons [467−1] − disposition: UNDER ADVISEMENT. Plaintiff to submit Journals for review by 3/19/99. − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 99−5 (pp) (Entered: 03/11/1999)
ORDER by Judge John Corbett O'Meara referring motion for dismissal [478−1] and Rule 56(b) motion for summary judgment by Butters [478−2] and motion for dismissal [480−1] and Rule 56(b)Motion for Summary Judgment by Watson [480−2] to Magistrate Judge Marc L. Goldman in 2:96−cv−71416 for report and recommendation with proof of mailing (lh) (Entered: 03/16/1999)
ORDER by Judge John Corbett O'Meara affirming the decision of Magistrate Judge Goldman's 2/1/99 order in 2:96−cv−71416, 2:97−cv−71514 with proof of mailing (lh) (Entered: 03/16/1999)
SUPPLEMENTAL authority by defendants' for objection by MI Dept Corr to Magistrate's order [475−1] in 2:96−cv−71416 with attachments and proof of mailing (lh) Modified on 03/16/1999 (Entered: 03/16/1999)
REPLY by defendants in 2:96−cv−71416 to plaintiff's repsonse to defendant's objections to Magistrate Golman's order dated 2/1/99 order granting plaintiffs' motion to amend complaint [461−1] [461−2] with attachments and proof of mailing (lh) Modified on 03/16/1999 (Entered: 03/16/1999)
AMENDED re−notice by defendants in 2:96−cv−71416 of taking deposition duces tecum of Rachel Clark #21776 3/24/99 and 3/25/99 @ 9:00 am with request for production of documents and proof of mailing (lh) Modified on 03/16/1999 (Entered: 03/16/1999)
AMENDED re−notice by defendants in 2:96−cv−71416 of taking deposition duces tecum by oral examination and video taping of Nakesha Golden #249940 3/22/99 and 3/23/99 @ 9:00 am with request for production of documents and proof of

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 33 of 61

03/15/1999
03/16/1999 03/17/1999 03/18/1999 03/18/1999 03/19/1999 03/19/1999 03/19/1999 03/19/1999 03/19/1999 03/19/1999 03/19/1999 03/22/1999 03/22/1999
03/22/1999
03/22/1999

mailing (lh) (Entered: 03/16/1999)
ORDER by Magistrate Judge Marc L. Goldman, extending time to answer motion for Rule 12(b) dismissal by Watson [480−1] in 2:96−cv−71416, motion Rule 56(b) Motion for Summary Judgment by Watson [480−2] in 2:96−cv−71416, motion to dismiss by Butters [478−1] in 2:96−cv−71416, motion for summary judgment by Butters [478−2] in 2:96−cv−71416 , setting deadline for response to motion for Rule 12(b) dismissal by Watson [480−1] for 3/18/99, motion Rule 56(b) Motion for Summary Judgment by Watson [480−2] for 3/18/99, motion to dismiss by Butters [478−1] for 3/18/99, motion for summary judgment by Butters [478−2] for 3/18/99 in in 2:96−cv−71416 (ew) (Entered: 03/17/1999)
79 ORDER by Judge John Corbett O'Meara with stipulation, to file first amended final expert and lay witness list (dh) Modified on 04/28/1999 (Entered: 03/17/1999)
NOTICE by the court of setting hearing on defendant Butters' and Watson's motion for Rule 12(b) dismissal [480−1] and Rule 56(b) Motion for Summary Judgment [480−2] [478−1] [478−2] for 10:30 am on 4/5/99 in 2:96−cv−71416 with proof of mailing (DT) (Entered: 03/19/1999)
PROOF of mailing of State defendants' answer to plaintiffs' second amended complaint and statement of affirmative defenses (ls) (Entered: 03/19/1999)
PROOF of mailing of State defendants' answer to plaintiffs' second amened complaint and statement of affirmative defenses (ls) (Entered: 03/19/1999)
RESPONSE by Jacquelyn Scully in 2:96−cv−71416 to motion for partial dismissal [478−1] and for partial summary judgment by Butters [478−2] with attachment and proof of mailing (lh) Modified on 03/23/1999 (Entered: 03/23/1999)
RESPONSE by Monica Herring in 2:96−cv−71416 to motion for Rule 12(b) partial dismissal [480−1] Rule 56(b) Motion for partial Summary Judgment by Watson [480−2] with attachments and proof of mailing (lh) (Entered: 03/23/1999)
PROOF of mailing of true copy of stipulation regarding plaintiffs' response to defendants' objections (lh) (Entered: 03/23/1999)
PROOF of mailing of signature sheet to accompany plaintiffs' response to defendants' first set of interrogatories to plaintiff Brenda Clark (lh) (Entered: 03/23/1999)
PROOF of mailing of copy of ex parte order for extension of time to file response (lh) (Entered: 03/23/1999)
PROOF of mailing of copy of plaintiffs' response to defendants' fifth request for production of documents (lh) (Entered: 03/24/1999)
PROOF of mailing of plaintiff's response to defendants' seventh request for production of documents (lh) (Entered: 03/24/1999)
RESPONSE (second) by Jacquelyn Scully in 2:96−cv−71416 to motion for partial dismissal [478−1] and motion for partial summary judgment by Butters [478−2] with attachment and proof of mailing (lh) (Entered: 03/23/1999)
ANSWER by State Defendants MI Dept Corr, Kenneth McGinnis, Joan Yukins, Sally Langley, Terri Huffman, Carol Howes, Robert Salis, Cornell Howard, Robey, Dorn, Watson, McCombs, Simmons, Norris, Derrickson, Haulk, Cunningham, Herrington, Maurice Steward and Butters to amended complaint by plaintiffs [501−1] in 2:96−cv−71416 with proof of mailing (lh) Modified on 04/28/1999 (Entered: 03/23/1999)
AFFIRMATIVE defenses by State Defendants MI Dept Corr Kenneth McGinnis, Joan Yukins, Sally Langley, Terri Huffman, Carol Howes, Robert Salis, Cornell Howard, Robey, Dorn, Richardson, Watson, McCombs, Simmons, Norris, Derrickson, Haulk, Cunningham, Herrington, Maurice Steward and Butters with proof of mailing (lh) (Entered: 03/23/1999)
SIXTH amended expert and lay witness list by defendants in 2:96−cv−71416 with proof of mailing (lh) (Entered: 03/23/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 34 of 61

03/23/1999 03/24/1999 03/24/1999 03/24/1999 03/24/1999 03/31/1999
03/31/1999
03/31/1999 04/01/1999 04/01/1999 04/01/1999 04/02/1999 04/05/1999 04/06/1999
04/09/1999

PROOF of mailing of United States' response and objections to defendants' sixth request for production and things (lh) (Entered: 03/24/1999)
RE−NOTICE by defendants in 2:96−cv−71416 of taking deposition duces tecum of Monica Jahner − #15196 on 4/7/99 and 4/8/99 @ 9:00 with request to produce documents and proof of mailing (lh) Modified on 03/25/1999 (Entered: 03/25/1999)
NOTICE by defendant in 2:96−cv−71416 of taking deposition duces tecum of Bertha Clark − #219122 4/5/99 and 4/6/99 @ 9:00 with request for production of documents and proof of mailing (lh) Modified on 03/25/1999 (Entered: 03/25/1999)
PROOF of mailing by plaintiffs in 2:96−cv−71416 of response to first interrogtories to plaintiff Jacquelyn Myrick (DT) (Entered: 03/26/1999)
SUMMONS returned executed by personal service on 3/6/99 − answer due 3/26/99 for John Sobkowiak in 2:96−cv−71416 (DT) (Entered: 03/26/1999)
PROOF of mailing of independent medical examination reports for plaintiffs' Carolyn Wilson, Annie Williams, Robin Oliver, Maria Lopez, Tinajo McGraw, Monica Jahner, Patricia Ricord, Ronesha Williams, Helen Gibbs, Stacy Barker, Marian Beach, Ikemia Russell, Gladys Wilson, Rachel Clark, Robin McCardle, Nakesha Golden, Linda Nunn, Bertha Clark, Willie Mae Carter, Tanika Lynch, Brenda Clark, Tracy Neal, Angela Norman, Jacquelyn Scully, and Eula Unsworth. (PP) (Entered: 04/01/1999)
PROOF of mailing of independent medical examination reports for plaintiffs' Carolyn Wilson, Annie Williams, Robin Oliver, Maria Lopez, Tinajo McGraw, Monica Jahner, Patricia Ricord, Ronesha Williams, Helen Gibbs, Stacy Barker, Marian Beach, Ikemia Russell, Gladys Wilson, Rachel Clark, Robin McCardle, Nakesha Golden, Linda Nunn, Bertha Clark, Willie Mae Carter, Tanika Lynch, Brenda Clark, Tracy Neal, Angela Norman, Jaquelyn Scully, and Eula Unsworth. (PP) (Entered: 04/02/1999)
MOTION by plaintiffs in 2:96−cv−71416 for clarification and/or modify the 12/4/98 scheduling order [436−1] with regard to deadline for report by plaintiffs' expert Terry Kupers, MD with brief, attachments and proof of mailing (DT) (Entered: 04/05/1999)
PROOF of mailing of independent medical examination reports for plaintiffs Nichole Morrison, Monica herring, Darlene Peerenboom and Victoria Hollis. (PP) (Entered: 04/02/1999)
PROOF of mailing by defendants' in 2:96−cv−71416, defendant in 2:97−cv−71514 of eighth request for production of documents. (PP) (Entered: 04/02/1999)
ORDER by Magistrate Judge Marc L. Goldman with stipulation rescheduling hearing on defendant Watson's and Butters' dispositive motions for 4/8/99 at 11:30 am in 2:96−cv−71416 (DT) Modified on 04/05/1999 (Entered: 04/05/1999)
SUPPLEMENTAL brief by defendant Watson in 2:96−cv−71416 in support of motion for Rule 12(b) dismissal by Watson [480−1] and/or Rule 56(b) Motion for Summary Judgment [480−2] with exhibit and proof of mailing (DT) (Entered: 04/05/1999)
PROOF of mailing by USA in 2:97−cv−71514 of twelfth request for production of documents (DT) (Entered: 04/05/1999)
ORDER by Judge John Corbett O'Meara referring plaintiffs' motion to clarify and/or modify the 12/4/98 scheduling order [436−1] with regard to deadline for report by plaintiffs' expert Terry Kupers, MD [540−1][540−2] to Magistrate Judge Marc L. Goldman for hearing and determination in 96cv71416 with proof of mailing (DT) (Entered: 04/07/1999)
RESPONSE by defendants in 2:96−cv−71416 to motion for clarification by plaintiffs' [540−1] [540−2] with brief, attachments and proof of mailing (ls) (Entered: 04/12/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 35 of 61

04/09/1999 04/12/1999
04/13/1999 04/13/1999 04/13/1999 04/13/1999
04/14/1999 04/19/1999 04/19/1999 04/19/1999 04/22/1999
04/23/1999 04/23/1999 04/23/1999 04/23/1999
04/26/1999 04/26/1999

PROOF of mailing of re−notice of taking deposition of Rosa Flores and Ibis Lazo, subpoenas and notices of taking deposition of Linda Lanstra, Tammy Lacross, Angela Banks and Eula Sheppard (ls) (Entered: 04/13/1999)
NOTICE by the court of setting hearing on motion for clarification [540−1] and motion modify the 12/4/98 scheduling order [436−1] with regard to deadline for report by plaintiffs' expert Terry Kupers, MD by plaintiffs [540−2] for 10:30 4/26/99 in 2:96−cv−71416 with proof of mailing (ls) (Entered: 04/14/1999)
PROOF of mailing of plaintiffs' response to defendants' sixth request for production of documents (ls) (Entered: 04/16/1999)
PROOF of mailing of return of service pertaining to Officer Sobkowiak (ls) (Entered: 04/16/1999)
PROOF of mailing of plaintiffs' eleventh request for production of documents (ls) (Entered: 04/16/1999)
LETTER by counsel of hearing on motion for Rule 12(b) dismissal by Watson [480−1], motion Rule 56(b) Motion for Summary Judgment by Watson [480−2] motion to dismiss by Butters [478−1] for 10:30 4/26/99 in motion for summary judgment by Butters [478−2] for 10:30 4/26/99 (ls) (Entered: 04/16/1999)
80 FIRST amended final lay and expert witness list by defendant's in 2:97−cv−71514 with proof of mailing (nh) Modified on 04/28/1999 (Entered: 04/15/1999)
PROOF of mailing of defendants' seventh request for production of documents and things (RH) (Entered: 04/19/1999)
RE−NOTICE of taking deposition duces tecum of Linda Nunn #188631 5/3/99 and 5/4/99 at 9am , with proof of mailing (RH) (Entered: 04/21/1999)
RE−NOTICE of taking deposition duces tecum by oral examination and video taping of Helen Nunn 5/5/99 and 5/6/99 at 9am , with proof of service (RH) (Entered: 04/21/1999)
MOTION by defendants' Simmons, Edwards, Butters, Maurice Steward Herrington, Cunningham Haulk, Derrickson, Norris, Lewis, McCombs, Watson, Richardson, Dorn, Wes, Bonney Reed, Fulmer, Terri Huffman, Ellison, Portman, Martin Tate Cornell Howard, McGinnis, Joan Yukins Robert Salis, to compel answers to interrogatories and production of documents , with brief, exhibits 1−7 and proof of mailing (RH) (Entered: 04/23/1999)
ANSWER by defendant John Sobkowiak in 2:96−cv−71416 to amended complaint by plaintiffs [501−1] with jury demand and proof of mailing (lh) (Entered: 04/26/1999)
AFFIRMATIVE defenses by defendant John Sobkowiak in 2:96−cv−71416 with proof of mailing (lh) (Entered: 04/26/1999)
COUNTERCLAIM by defendant John Sobkowiak in 2:96−cv−71416 against Tanika Lynch with proof of mailing (lh) (Entered: 04/26/1999)
RE−NOTICE by defendants in 2:96−cv−71416 of taking deposition duces tecum of Jacqueline Myrick (#19406) on 5/13/99 and 5/14/99 @ 9:00, Ronesha Williams (#253242) on 5/11/99 and 5/12/99 @ 9:00 am, Robin Oliver (#232470) on 6/3/99 and 6/4/99, Angela Norman (#250056) on 5/19/99 and 5/20/99 @ 9:00 am, Carolyn Wilson (#20818) on 5/17/99 and 5/18/99 @ 9:00 am and Tanika Lynch on 6/1/99 and 6/2/99 @ 9:00 with request for production of documents and proof of mailing (lh) (Entered: 04/26/1999)
MOTION by plaintiffs in 2:96−cv−71416 for entry default judgment and contempt sanctions as to defendant Portman with brief, attachments and proof of mailing (lh) (Entered: 04/26/1999)
MOTION hearing held on motion for clarification by plaintiffs, counter−defendant, plaintiff [540−1] − disposition: GRANTED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 99−13,14 (pp) (Entered: 04/27/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 36 of 61

04/26/1999
04/27/1999
04/27/1999
04/27/1999
04/28/1999 05/03/1999 05/03/1999 05/03/1999 05/04/1999 05/04/1999
05/05/1999
05/07/1999 05/07/1999
05/10/1999 05/11/1999 05/11/1999 05/11/1999

MOTION hearing held on motion for Rule 12(b) dismissal by Watson [480−1], motion Rule 56(b) Motion for Summary Judgment by Watson [480−2], motion to dismiss by Butters [478−1], motion for summary judgment by Butters [478−2] − disposition: UNDER ADVISEMENT − Magistrate Judge Marc L. Goldman − Court Reporter: cv tapes 99−13,14 (pp) (Entered: 04/27/1999)
ORDER by Magistrate Judge Marc L. Goldman granting motion for clarification of 12/4/98 scheduling order by plaintiffs [540−1] in 2:96−cv−71416, 2:97−cv−71514 and that the report of Dr Kerry Kupers to be filed by 7/30/99 with proof of mailing (lh) (Entered: 04/29/1999)
ORDER by Magistrate Judge Marc L. Goldman granting motion for clarification of 12/3/98 scheduling order by plaintiffs [540−1] [436−1] and that the report by plaintiffs' expert Terry Kupers, MD [540−2] is is required to be filed by 7/30/99 in 2:96−cv−71416, in 2:97−cv−71514 with proof of mailing (lh) (Entered: 04/29/1999)
NOTICE by court scheduling hearing date on motion to compel answers to interrogatories and production of documents by defendants [555−1] for 10:00 5/24/99 in 2:96−cv−71416, in 2:97−cv−71514 in 2:96−cv−71416 (lh) (Entered: 04/29/1999)
STIPULATION by parties concerning confidentiality of FBI investigation documents regarding Nicole Morrison (lh) (Entered: 04/28/1999)
PROOF of mailing of defendants' response to plaitniffs' eleventh request for production of documents (RH) (Entered: 05/04/1999)
PROOF of mailing of defendant's responses and objections to plaintiff's 12th request for production of documents (RH) (Entered: 05/04/1999)
ORDER by Judge John Corbett O'Meara, concerning confidentiality of FBI investigation docuemnts regarding Nichole Morrison (RH) (Entered: 05/06/1999)
REQUEST by plaintiffs' in 2:96−cv−71416 to permit entry on land for inspection and other purposes , with proof of mailing (RH) (Entered: 05/06/1999)
ORDER by Judge John Corbett O'Meara, referring motion for entry default judgment [559−1] and motion contempt sanctions as to defendant Portman by plaintiffs/counter−defendant [559−2] to Magistrate Judge Marc L. Goldman in 2:96cv71416 and 2:97−cv−71514, , for hearing and determination (RH) (Entered: 05/06/1999)
RESPONSE by plaintiffs' in 2:96−cv−71416 to motion to compel answers to interrogatories and production of documents by defendants [555−1] in 2:96−cv−71416, and 2:97−cv−71514, with exhibits A−C and proof of mailing (RH) (Entered: 05/06/1999)
NOTICE by the court of hearing on request to permit entry on land for inspection and other purposes [566−1] in 2:96−cv−71416, [0−1] in 2:97−cv−71514 set for 6/3/99 at 10:00 (ew) (Entered: 05/13/1999)
NOTICE of setting hearing on motion for entry default judgment by plaintiffs/counter−defendant, plaintiff [559−1] [559−2] for 10:00 6/3/99 in 2:96−cv−71416, in [0−1] in 2:96−cv−71416, in 2:97−cv−71514 [0−2] (ew) (Entered: 05/13/1999)
TRANSCRIPT taken on 4/26/99 of Motion Hearing (ew) (Entered: 05/13/1999)
NOTICE of taking deposition of Jacqueline Myrick 5/17−18/99 at 9:00 with proof of mailing (ew) (Entered: 05/13/1999)
PROOF of mailing of defendants' first set of interrogatories to plaintiff Maria Lopez (ew) (Entered: 05/13/1999)
PROOF of mailing of defendants' amended response to plaintiffs eleventh request for production of documents (ew) (Entered: 05/13/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 37 of 61

05/12/1999 05/12/1999 05/12/1999 05/12/1999 05/12/1999 05/14/1999 05/15/1999 05/20/1999
05/20/1999 05/24/1999
05/24/1999
05/25/1999 05/25/1999 05/25/1999 05/27/1999
05/27/1999 05/27/1999

NOTICE of taking deposition of Jacqueline Myrick 9:00 on 5/17−18/99 with proof of mailing (ew) (Entered: 05/13/1999)
NOTICE of taking deposition of Tinajo McGraw 9:00 6/1−2/99 with proof of mailing (ew) (Entered: 05/13/1999)
NOTICE of continuation of taking deposition of Bertha Clark 9:00 6/11/99 with proof of mailing (ew) (Entered: 05/13/1999)
NOTICE of taking deposition of Maria Lopez 9:00 6/14−15/99 with proof of mailing (ew) (Entered: 05/13/1999)
NOTICE of taking deposition of Patricia Ricord 9:00 6/28−29/99 with proof of mailing (ew) (Entered: 05/13/1999)
MOTION by plaintiffs in 2:96−cv−71416 to dismiss John Sobkowiak's counter claim against Tanika Lynch with brief and attachment (ew) (Entered: 05/14/1999)
APPLICATION by Nunn plaintiffs' in 2:96−cv−71416 to intervene as plaintiffs' in case 97−CV−71514DT with brief, and proof of mailing. (PP) Modified on 05/28/1999 (Entered: 05/18/1999)
NOTICE by court scheduling hearing on motion for discovery sanctions regarding expert tours [583−1], motion to compel investigation of documents [584−1] motion to compel supplementation of discovery by Bertha Clark [582−1] and hearing on application to intervene as plaintiffs' [585−1] for 10:00 6/21/99 in 2:96−cv−71416 and 2:97−cv−71514 (lh) (Entered: 05/25/1999)
NOTICE by court scheudling hearing on motion to dismiss John Sobkowiak's counter claim against Tanika Lynch [580−1] for 10:00 6/21/99 (lh) (Entered: 05/25/1999)
MOTION hearing held on motion to compel answers to interrogatories and production of documents by defendants [555−1] − disposition: GRANTED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 99−17 (pp) (Entered: 05/28/1999)
ORDER by Magistrate Judge Marc L. Goldman granting motion to compel production of videotape in question by defendants [555−1] in 2:96−cv−71416, 2:97−cv−71514, and that parties shall exchange copies on or before 6/7/99 with proof of mailing (lh) (Entered: 06/01/1999)
81 JOINT motion by both parties for conditional dismissal with brief and attachment A (cm) (Entered: 05/26/1999)
RESPONSE by defendants to application to intervene as plaintiffs' in case 97−CV−71514DT by Linda [585−1] in 2:96−cv−71416 with proof of mailing (cm) (Entered: 05/26/1999)
RESPONSE by defendants to application to intervene as plaintiffs' in case 97−CV−71514DT by Linda Nunn [0−1] in 2:97−cv−71514 with attachment 1 and proof of mailing (cm) (Entered: 05/26/1999)
RESPONSE by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 to Request (Motion) to permit entry on land for inspection and other purposes [566−1] in 2:96−cv−71416, request to permit entry on land for inspection and other purposes [0−1] in 2:97−cv−71514 with exhibits (bk) Modified on 06/02/1999 (Entered: 06/02/1999)
MOTION by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 for protective order with proof of service (bk) (Entered: 06/02/1999)
MEMORANDUM by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 in support of motion for protective order [609−1] in 2:96−cv−71416, motion for protective order [0−1] in 2:97−cv−71514 (bk) (Entered: 06/02/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 38 of 61

05/28/1999 06/01/1999
06/01/1999 06/01/1999 06/01/1999 06/03/1999
06/04/1999 06/04/1999 06/08/1999 06/08/1999 06/08/1999 06/14/1999 06/14/1999 06/14/1999 06/14/1999 06/17/1999

RE−NOTICE by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 of taking deposition duces tecum and production of documents of Tinajo McGraw 06/02/99 with certificate of mailing (bk) (Entered: 06/02/1999)
MEMORANDUM by plaintiff USA in 2:97−cv−71514 in opposition to Application to Intervene as plaintiffs' in case 97−CV−71514DT by Linda Nunn [585−1] in 2:96−cv−71416, Application to Intervene as plaintiffs' in case 97−CV−71514DT by Linda Nunn [0−1] in 2:97−cv−71514 with attachments and proof of mailing (bk) (Entered: 06/02/1999)
RESPONSE by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 to Motion to Compel Supplementation of Discovery by Bertha Clark [582−1] in 2:96−cv−71416 with proof of service (bk) (Entered: 06/02/1999)
RESPONSE by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 to Motion for Discovery Sanctions regarding expert tours by Bertha Clark [583−1] in 2:96−cv−71416 with affidavit and proof of service (bk) (Entered: 06/02/1999)
RESPONSE by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 to Motion to Compel Investigation of documents by Bertha Clark [584−1] in 2:96−cv−71416, Motion for Sanctions by Bertha Clark [584−2] in 2:96−cv−71416 with exhibits and proof of mailing (bk) (Entered: 06/02/1999)
MOTION hearing held on Plaintiffs Request to Permit Entry onto Land, and motion for entry default judgment by plaintiffs, counter−defendant, plaintiff [559−1], motion for contempt sanctions as to defendant Portman by plaintiffs, counter−defendant, plaintiff [559−2] − disposition: UNDER ADVISEMENT − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 99−18 (pp) Modified on 03/06/2000 (Entered: 06/09/1999)
NOTICE by plaintiff Eula Unsworth in 2:96−cv−71416 to remove her as plaintiff in case (lh) (Entered: 06/07/1999)
RESPONSE by defendant/counter plaintiff John Sobkowiak in 2:96−cv−71416 to motion to dismiss John Sobkowiak's counter claim against Tanika Lynch by plaintiffs [580−1] with attachment (lh) (Entered: 06/07/1999)
PROTECTIVE order by Magistrate Judge Marc L. Goldman regarding plaintiffs' entry on land (lh) Modified on 06/21/1999 (Entered: 06/09/1999)
REQUEST by Carolyn Wilson in 2:96−cv−71416 to be removed as plaintiff (lh) (Entered: 06/09/1999)
MOTION hearing held on motion for protective order by MI Dept Corr, MI Dept Corr [609−1] in 2:96−cv−71416, motion for protective order by MI Dept Corr, MI Dept Corr [0−1] in 2:97−cv−71514 − disposition: GRANTED − Magistrate Judge Marc L. Goldman (gw) (Entered: 02/28/2000)
AMENDED RE−NOTICE by plaintiff Linda Nunn in 2:96−cv−71416 of taking deposition of Maria Lopez @ 9:00am on 06/15/99 and for production of documents with proof of service (bk) (Entered: 06/14/1999)
AMENDED RE−NOTICE by plaintiff Linda Nunn in 2:96−cv−71416 of taking deposition of Bertha Clark @ 10:00am on 06/22/99 and for production of documents with proof of service (bk) (Entered: 06/14/1999)
NOTICE by plaintiff Linda Nunn in 2:96−cv−71416 of taking deposition duces tecum of Tanika Lynch @9:00am on 7/29/99 and 7/30/99 and for production of documents with proof of service (bk) (Entered: 06/14/1999)
EXPARTE motion by plaintiff Linda Nunn in 2:96−cv−71416 to file oversized brief in support of Reply to Response with brief in support (bk) (Entered: 06/17/1999)
RESPONSE by defendant Portman in 2:96−cv−71416 to motion for entry default judgment [559−1] and contempt sanctions as to defendant Portman by plaintiffs

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 39 of 61

06/18/1999 06/21/1999 06/21/1999 06/21/1999
06/21/1999 06/23/1999 06/23/1999 06/28/1999 06/28/1999
06/28/1999 06/29/1999 06/29/1999 06/30/1999 07/01/1999

[559−2] with proof of mailing (lh) (Entered: 06/21/1999)
DECLARATION under penalty of perjury of Elizabeth Alexander with attachments (lh) Modified on 06/21/1999 (Entered: 06/21/1999)
PROOF of mailing of copy of all expert notes in response to plaintiff's fifth request for production of documents. Test data for 12 plainitffs was furnished on 6/7/99 (lh) (Entered: 06/22/1999)
MOTION by defendants in 2:96−cv−71416 to involuntarily dismiss plaintiffs Carolyn Wilson and Eula Unsworth from action with brief, attachments and proof of mailing (lh) Modified on 06/22/1999 (Entered: 06/22/1999)
MOTION hearing held on motion to compel investigation of documents by Bertha Clark [584−1], motion for sanctions by Bertha Clark [584−2], motion for discovery sanctions regarding expert tours by Bertha Clark [583−1], motion to dismiss John Sobkowiak's counter claim against Tanika Lynch by plaintiffs, counter−defendant, plaintiff [580−1] − disposition: UNDER ADVISEMENT − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 99−20/21 (pp) Modified on 03/06/2000 (Entered: 06/24/1999)
MOTION hearing held on motion to compel supplementation of discovery by Bertha Clark [582−1] − disposition: GRANTED − Magistrate Judge Marc L. Goldman − Court Reporter: cv tape 99−20/21 (pp) (Entered: 06/24/1999)
NOTICE by defendant in 2:96−cv−71416 of taking deposition duces tecum by oral examination of Angela Norman (#250056) 7/7/99 @ 9:00 with proof of mailing (lh) (Entered: 06/24/1999)
NOTICE by defendants' in 2:96−cv−71416 of taking deposition duces tecum by oral examination and video taping of Maria Lopez (#204662) 9/8/99 and 9/9/99 @ 9:00 with proof of mailing (lh) (Entered: 06/24/1999)
REPLY by plaintiff Linda Nunn in 2:96−cv−71416 to Response to Motion for entry Default Judgment by plaintiffs, [559−1] in 2:96−cv−71416, motion for entry default judgment by plaintiffs [0−1] in 2:97−cv−71514 with exhibit and certificate of mailing (bk) (Entered: 06/29/1999)
RESPONSE by plaintiff Linda Nunn in 2:96−cv−71416, plaintiff USA in 2:97−cv−71514 to Motion to involuntarily Dismiss plaintiffs Carolyn Wilson and Eula Unsworth from action by defendant, counter−claimant, defendant [626−1] in 2:96−cv−71416, Motion to involuntarily Dismiss plaintiffs Carolyn Wilson and Eula Unsworth from action by defendant, counter−claimant, defendant [0−1] in 2:97−cv−71514 with certificate of service (bk) (Entered: 06/29/1999)
MOTION by plaintiff Eula Unsworth in 2:96−cv−71416 to withdraw by Deborah A. LaBelle in 2:96−cv−71416, Richard A. Soble in 2:96−cv−71416, Molly H. Reno in 2:96−cv−71416 as attorneys for Eula Unsworth in 2:96−cv−71416 with brief and certificate of mailing (bk) (Entered: 07/06/1999)
ORDER by Magistrate Judge Marc L. Goldman compelling supplemenation of discovery responses [EOD Date 7/2/99] (ls) Modified on 07/06/1999 (Entered: 07/02/1999)
ORDER by Magistrate Judge Marc L. Goldman compelling production of investigation documents [EOD Date 7/2/99] (ls) Modified on 07/06/1999 (Entered: 07/02/1999)
ORDER by Judge John Corbett O'Meara with stipulation regarding enlargement of time for filing objections to June 3, 1999 protective order with attachment and proof of mailing [EOD Date: 7/2/99] (ls) Modified on 07/06/1999 (Entered: 07/02/1999)
PROOF of mailing of defendants' response to plaintiffs' eleventh request for production of documents and 2 video tapes taken during the tours on June 8 and 9, 1999 at Crane &Scott Correctional Facilities (ls) Modified on 07/06/1999 (Entered: 07/02/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 40 of 61

07/02/1999
07/02/1999 07/02/1999 07/02/1999 07/02/1999 07/02/1999 07/06/1999
07/07/1999 07/08/1999 07/08/1999 07/09/1999 07/12/1999 07/12/1999 07/12/1999 07/12/1999 07/12/1999 07/14/1999 07/14/1999 07/14/1999 07/15/1999

PROOF of mailing of subpoena and notice of taking deposition duces tecum of Officer J. Dankwa; Marjoire Van Ochten; Christopher Gallagher and Orlando Edwards; Andrew Vincent; Officer Joan Hughey and Depty Char Carberry (RH) (Entered: 07/08/1999)
PROOF of mailing of re−notice of taking deposition duces tecum by video taping of Tanika Lynch and Tina McGraw; amended re−notice for Angela Norman (RH) (Entered: 07/08/1999)
PROOF of mailing of notice of taking continuation of deposition duces tecum of Officer Gerald Simmons (RH) (Entered: 07/08/1999)
PROOF of mailing of plaintiffs' twelfth and thirteenth request for production of documents (RH) (Entered: 07/08/1999)
PROOF of mailing of the video tape of Florence Crane Facility dated 10/31/96 (RH) (Entered: 07/08/1999)
PROOF of mailing of plaintffs' response to defendant, McGinnis' first and second sets of interrogatories (RH) (Entered: 07/08/1999)
OBJECTIONS by plaintiff Bertha Clark in 2:96−cv−71416, plaintiff Ikemia Russell in 2:96−cv−71416, plaintiff Stacy Barker in 2:96−cv−71416, plaintiff Helen Gibbs in 2:96−cv−71416, plaintiff Tracy Neal in 2:96−cv−71416, plaintiff Linda Nunn in 2:96−cv−71416 to order compelling production of investigation documents [633−1] in 2:96−cv−71416 and 2:97−cv−71514, with exhibits 1,2 and proof of mailing (RH) (Entered: 07/07/1999)
RE−NOTICE of taking deposition duces tecum of Angela Norman #250056 7/8/99 at 9am , with proof of mailing (RH) (Entered: 07/08/1999)
PROOF of mailing of Michigan Department of Corrections is required to produce in response to the Court 6/29/99 order (RH) (Entered: 07/09/1999)
PROOF of mailing of updated copies of angela Norman's Central office file in compliiance with the Court's 6/29/99 order (RH) (Entered: 07/09/1999)
OBJECTIONS by defendants to photographs and videotapes made at the Scott Corr Fac, Florence Crane Women's Facility and Camp Branch in 2:96−cv−71416 with proof of mailing (DT) (Entered: 07/12/1999)
RESPONSE by plaintiffs in 2:96−cv−71416 to defendant John Sobkowiak's supplemental brief in opposition to motion to dismiss counter−claim [580−1] in 2:96−cv−71416 with proof of mailing (DT) (Entered: 07/13/1999)
PROOF of mailing of updated copies of Angela Norman's counselor file, institutional file and medical records in compliance with the court's 6/29/99 order (DT) (Entered: 07/13/1999)
MOTION by plaintiffs in 2:96−cv−71416 for temporary restraining order and for preliminary injunction with attachments and proof of mailing (DT) (Entered: 07/13/1999)
TRANSCRIPT taken on 6/21/99 of motion hearings (DT) (Entered: 07/14/1999)
TRANSCRIPT taken on 6/3/99 of motion hearing (DT) (Entered: 07/14/1999)
ORDER by Magistrate Judge Marc L. Goldman assessing costs against defendant Portman [559−2] in 2:96−cv−71416 [EOD Date 7/16/99] (DT) (Entered: 07/16/1999)
ORDER by Magistrate Judge Marc L. Goldman regarding production of documents [EOD Date 7/16/99] (DT) (Entered: 07/16/1999)
ORDER by Magistrate Judge Marc L. Goldman, requiring notice of receipt of FBI documents [EOD Date 7/19/99] (ew) (Entered: 07/19/1999)
STATUS conference held − Judge John Corbett O'Meara (dg) (Entered: 07/15/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 41 of 61

07/15/1999 07/15/1999 07/19/1999 07/20/1999 07/21/1999 07/21/1999 07/21/1999 07/22/1999 07/23/1999 07/23/1999 07/23/1999 07/26/1999 07/26/1999
07/26/1999
07/26/1999 07/27/1999

REQUEST by defendants in 2:96−cv−71416 for leave to depose inmates on plaintiffs' witness list with brief in support, attachments and proof of mailing (DT) Modified on 07/28/1999 (Entered: 07/16/1999)
REQUEST by defendants in 2:96−cv−71416 for immediate consideration of request for leave to depose inmates with brief, attachments and proof of mailing (DT) Modified on 07/28/1999 (Entered: 07/16/1999)
RE−NOTICE of taking depositions duces tecum of Robin Oliver #232470 9:00, 8/5/99 and, Ronesha Williams #253242 (ew) (Entered: 07/20/1999)
MOTION by defendants in 2:96−cv−71416, defendants in 2:97−cv−71514 to sever claims with brief, proof of mailing and attachments (ew) (Entered: 07/21/1999)
PROOF of mailing of updated institutional and counselor files in compliance with Court's 6/29/99 order compelling supplementation of discovery responses (ew) (Entered: 07/22/1999)
RESPONSE by plaintiffs in 2:96−cv−71416 to objection by defendants [646−1] in 2:96−cv−71416, [0−1] in 2:97−cv−71514 with proof of mailing and exhibits (ew) (Entered: 07/22/1999)
ORDER by Magistrate Judge Marc L. Goldman that individual plaintiffs do not have an absolute right to attend the deposition of the individual defendants and plaintiffs shall be allowed to have their experts attend group meetings at the prisons with proof of mailing [EOD Date 7/29/99] (ls) (Entered: 07/29/1999)
82 PROOF of mailing for the Trainer's Manual for the USA v Michigan Settlement Agreement staff seminar as revised 7/7/99 in compliance with paragraph 2 of order compelling supplementation of discovery responses − 7/29/99 (ew) (Entered: 07/23/1999)
MOTION by Natl Broadcasting Co in 2:96−cv−71416 to vacate in part the protective order regarding plaintiffs' entry on land, and for access to court records with brief, exhibits, notice of hearing and proof of mailing (ls) (Entered: 07/29/1999)
AMENDED NOTICE by the court of setting hearing on motion to vacate in part the protective order regarding plaintiffs' entry on land, and for access to court records by Natl Broadcasting Co [662−1] for 2:00 7/30/99 in 2:96−cv−71416 with proof of mailing (ls) (Entered: 07/29/1999)
BRIEF by Natl Broadcasting Co in 2:96−cv−71416 in support of their motion to vacate in part the protective order regarding plaintiffs' entry on land, and for access to court records [662−1] with exhibits, notice of hearing and proof of mailing (ls) (Entered: 08/04/1999)
PROOF of mailing of subpoena (ls) (Entered: 07/29/1999)
MOTION by defendants Simmons, Butters , Maurice Steward, Herrington , Cunningham, Haulk , Derrickson, Norris , McCombs, Watson , Richardson, Dorn , Terri Huffman , Joan Yukins , Robert Salis Carol Howes , Sally Langley , Robey , Cornell Howard , Kenneth McGinnis , MI Dept Corr for clarification of order and/or modification of protective order regarding videotapes and photographs of defendants' correctional facilities with brief, attachments and proof of mailing (ls) (Entered: 07/29/1999)
MOTION by Simmons, Butters , Maurice Steward , Herrington , Cunningham , Haulk , Derrickson , Norris , McCombs , Watson , Richardson , Dorn , Terri Huffman , Joan Yukins , Robert Salis , Carol Howes , Sally Langley , Robey , Cornell Howard , Kenneth McGinnis , MI Dept Corr to compel production of documents with brief, attachments and proof of mailing (ls) Modified on 09/01/1999 (Entered: 07/29/1999)
PROOF of mailing of plaintiff Tanika Lynch's updated counselor files, Institutional file and Central Office files (ls) (Entered: 07/29/1999)
RESPONSE by state defendants' to motion to vacate in part the protective order regarding plaintiffs' entry on land, and for access to court records by Natl

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 42 of 61

07/27/1999 07/27/1999
07/28/1999 07/28/1999 07/28/1999 07/28/1999 07/28/1999 07/28/1999 07/28/1999 07/28/1999 07/28/1999 07/28/1999 07/29/1999 07/29/1999 07/29/1999
07/30/1999
07/30/1999

Broadcasting Co [662−1] in 2:96−cv−71416 with attachments and proof of mailing (ls) (Entered: 07/29/1999)
PROOF of mailing of plainitff Tanika Lynch's updated medical records from October 1998 to present (ls) (Entered: 07/29/1999)
PROOF of mailing of plaintiffs' Tinajo McGraw, Willie Mae Carter, Victoria Hollis, Monica Herring, Marian Beach, Stacy Barker, Carolyn Wilson, Gladys Wilson, Annie Williams, Eula Unsworth, Angela Norman, Brenda Clark and Rachael Clark updated medical records (ls) (Entered: 07/29/1999)
DEFENDANTS' privilege log regarding open investigations of sexual misconduct, sexual harassment, overfamiliarity and retaliation in 2:96−cv−71416 with proof of mailing [EOD Date: 7/30/99] (ls) (Entered: 07/30/1999)
ORDER by Magistrate Judge Marc L. Goldman, taking deposition of All Incarcerated person on Nunn's witness list [EOD Date 7/30/99] (ls) (Entered: 07/30/1999)
NOTICE by the court of setting hearing on motion for discovery sanctions regarding expert tours by Bertha Clark [583−1] for 10:00 on 9/9/99 in 2:96−cv−71416 (ls) (Entered: 07/30/1999)
ORDER by Magistrate Judge Marc L. Goldman that the copies of the photographs &videotapes taken by plaintiffs are placed under sealed [EOD Date 7/30/99] (ls) (Entered: 07/30/1999)
PROOF of mailing of Nunn plaintiffs' response to defendants' objections to photographs &videotapes (ls) (Entered: 07/30/1999)
PROOF of mailing of notice of taking deposition duces tecum pertaining to defendant Officer John Derrickson (ls) (Entered: 07/30/1999)
PROOF of mailing of subpoena and notice of taking deposition duces tecum (ls) (Entered: 07/30/1999)
PROOF of mailing of subpoena and notice of continuation of taking deposition duces tecum pertaining to Thomas Sizemore (ls) (Entered: 07/30/1999)
SUMMONS returned executed by personal service on 6/1/99 − answer due 6/21/99 for Benny Guye in 2:96−cv−71416 (ls) (Entered: 07/30/1999)
PROOF of mailing of return of service pertaining to Benny Guye (ls) (Entered: 07/30/1999)
PROOF of mailing of plaintiffs' updated medical records (ls) (Entered: 07/30/1999)
MOTION by plaintiffs in 2:96−cv−71416 for order allowing plaintiffs to make additional copies of videotapes and pictures from June 8−9, 1999 tours with brief and proof of mailing (ls) (Entered: 07/30/1999)
MOTION by plaintiff USA in 2:97−cv−71514 to Extend Time to Answer Motion for Temporary Restraining Order by plaintiff/ counter−defendant, plaintiff [649−1] in 2:96−cv−71416, Motion for Preliminary Injunction by plaintifs/ counter−defendant, plaintiff [649−2] in 2:96−cv−71416, Motion for TRO [0−1] in 2:97−cv−71514, Motion for Preliminary Injunction by plaintiffs, counter−defendant, plaintiff [0−2] in 2:97−cv−71514 with brief, and proof of mailing (bk) (Entered: 08/02/1999)
MOTION hearing held on motion to vacate in part the protective order regarding plaintiffs' entry on land, and for access to court records by Natl Broadcasting Co [662−1] in 2:96−cv−71416, motion to vacate in part the protective order regarding plaintiffs' entry on land, and for access to court records by Natl Broadcasting Co [0−1] in 2:97−cv−71514 − disposition: denied − Judge John Corbett O'Meara − Court Reporter: Egan (dg) (Entered: 07/30/1999)
PROOF of mailing by defendants' in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 of Response to plaintiffs' Twelfth Request for Production of Documents (bk) Modified on 08/02/1999 (Entered: 08/02/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 43 of 61

07/30/1999 07/30/1999
08/02/1999
08/03/1999 08/03/1999 08/03/1999 08/04/1999
08/04/1999 08/04/1999 08/04/1999 08/04/1999 08/06/1999 08/06/1999 08/06/1999

RESPONSE by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 to Motion to Vacate in part the Protective Order regarding plaintiffs' entry on land, and for access to court records by NBC [662−1] in 2:96−cv−71416, Motion to Vacate by NBC [0−1] in 2:97−cv−71514 with exhibits and proof of mailing (bk) Modified on 08/02/1999 (Entered: 08/02/1999)
NOTICE before Magistrate Judge Goldman of setting hearing on Motion to Compel production of documents by defendants [666−1] for 10:00 9/9/99 in 2:96−cv−71416, in 2:97−cv−71514 in 2:96−cv−71416, motion to compel production of documents by defendants [0−1] for 10:00 9/9/99 in 2:96−cv−71416, in 2:97−cv−71514 in 2:97−cv−71514 with proof of mailing (bk) (Entered: 08/04/1999)
RESPONSE by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 to Motion for Order allowing plaintiffs to make additional copies of videotapes and pictures from June 8−9, 1999 tours by plaintiffs/ counter−defendant, plaintiff [682−1] in 2:96−cv−71416, Motion for Order allowing plaintiffs to make additional copies of videotapes and pictures from June 8−9, 1999 tours by plaintiffs/counter−defendant, plaintiff [0−1] in 2:97−cv−71514 with proof of service (bk) (Entered: 08/03/1999)
PROOF of mailing of Expert Report of Thomas Allison to Assistant Attorney General, Corrections Division (bk) (Entered: 08/05/1999)
APPEARANCE for plaintiffs' in 2:96−cv−71416 of attorney Barbara R. Levine as co−counsel (bk) (Entered: 08/05/1999)
PROOF of mailing by plaintiff's Bertha Clark, Ikemia Russell, Stacey Barker, Helen Gibbs, Tracy Neal, and Linda Nunn in 2:96−cv−71416 of updated Central Office files, updated Institutional and Counselor files; these materials are provided pursuant to 0629/99 Order Copelling Supplementation of Discovery Responses (bk) (Entered: 08/06/1999)
ORDER by Judge John Corbett O'Meara, setting deadline for Response to Motion for Temporary Restraining Order by plaintiffs/ counter−defendant, plaintiff [649−1] for 8/11/99 in 2:96−cv−71416, in 2:97−cv−71514 in 2:96−cv−71416, Motion for Temporary Restraining Order by plaintiffs, counter−defendant, plaintiff [0−1] for 8/11/99 in 2:96−cv−71416, in 2:97−cv−71514 in 2:97−cv−71514, Motion for Preliminary Injunction by plaintiffs, counter−defendant, plaintiff [0−2] for 8/11/99 in 2:96−cv−71416, in 2:97−cv−71514 in 2:97−cv−71514 [EOD 8/5/99] (bk) Modified on 08/06/1999 (Entered: 08/05/1999)
ORDER by Judge John Corbett O'Meara affirming the decision of the Order of June 29, 1999 by Magistrate Judge Goldman relating to Orders compelling the production of investigation documents in 2:96−cv−71416, and in 2:97−cv−71514 with certificate of service[EOD Date 8/6/99] (bk) (Entered: 08/06/1999)
NOTICE by defendant MI Dept Corr in 2:96−cv−71416, defendant MI Dept Corr in 2:97−cv−71514 of submission of proposed Order with proof of mailing (bk) Modified on 08/06/1999 (Entered: 08/06/1999)
ORDER by Judge John Corbett O'Meara, amending motion for protective order by Portman [272−1] in 2:96−cv−71416, order [0−1] in 2:97−cv−71514 to include findings with certificate of mailing [EOD Date 8/9/99] (bk) (Entered: 08/09/1999)
ORDER by Judge John Corbett O'Meara with stipulation, extending deadline for Response to Motion to Sever Claims by defendant/ counter−claimant, defendant [657−1] for 8/25/99 in 2:96−cv−71416; in 2:97−cv−71514 in Motion to Sever Claims by defendants, defendant [0−1] for 8/25/99 in 2:96−cv−71416, in 2:97−cv−71514 in 2:97−cv−71514 [EOD Date: 8/9/99] (bk) (Entered: 08/09/1999)
UNITED STATES' anticipated presentation at the 8/17/99 hearing, with proof of mailing (RH) (Entered: 08/10/1999)
TRANSCRIPT taken on motion of 3/11/99 (RH) (Entered: 08/10/1999)
PROOF of mailing of copy of materials regarding 6/29/99 order compelling supplementation of discovery responses (RH) (Entered: 08/11/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 44 of 61

08/06/1999 08/09/1999 08/09/1999 08/09/1999 08/09/1999 08/09/1999 08/09/1999 08/10/1999
08/11/1999 08/11/1999
08/11/1999 08/11/1999
08/11/1999
08/11/1999
08/12/1999
08/12/1999 08/13/1999

PROOF of mailing of plaintiff, Helen Gibbs updated medical records (RH) (Entered: 08/11/1999)
MOTION by defendant Norris in 2:96−cv−71416 to dismiss , for summary judgment with brief, exhibit 1 and proof of mailing (RH) (Entered: 08/10/1999)
MOTION by defendant Herrington in 2:96−cv−71416 to dismiss and for summary judgment with brief, exhibits 1−3 and proof of mailing (RH) (Entered: 08/10/1999)
NOTICE of non−admission of attorney Barbara Levine (RH) (Entered: 08/10/1999)
CORRESPONDENCE from State defendants regarding expert witnesses for the scheduled hearings of August 17, 18 and 18, 1999. (RH) (Entered: 08/11/1999)
RESPONSE by plaintiffs' in 2:96−cv−71416 to motion to compel production of documents by defendants [666−1] in 2:96−cv−71416 and 97−71514, with brief, exhibits 1−5 and proof of mailing (RH) (Entered: 08/11/1999)
PROOF of mailing of notice of additional means of recording deposition pertaining to Nancy Zang mailed to Marie Shamraj (RH) (Entered: 08/11/1999)
MEMORANDUM by plaintiff USA in 2:97−cv−71514 in opposition to motion for temporary restraining order [649−1] in 96−71416 and 2:97−cv−71514, with exhibits A−F and proof of mailing (RH) Modified on 08/11/1999 (Entered: 08/11/1999)
MOTION by defendant Haulk in 2:96−cv−71416 to dismiss and for summary judgment with brief, exhibits 1−5 and proof of mailing (RH) (Entered: 08/12/1999)
CORRESPONDENCE from plaintiff USA in 2:97−cv−71514, confirming permission to file response to motion to compel production of documents by defendants [666−1] for 8/13/99 and 2:96−cv−71416 and 2:97−cv−71514 (RH) (Entered: 08/12/1999)
PROOF of mailing of file updates pursuant to the 6/29/99 order compelling supplementation of discovery responses served upon Deborah Labelle (RH) (Entered: 08/12/1999)
EXHIBIT C filed by plaintiff USA in 2:97−cv−71514 in support of memorandum in opposition to Nunn plaintiffs' motion for TRO and preliminary injunctive relief by USA [708−1] in 2:96−cv−71416 and 2:97−cv−71514 (RH) (Entered: 08/12/1999)
ORDER by Magistrate Judge Marc L. Goldman denying motion to involuntarily dismiss plaintiffs Carolyn Wilson and Eula Unsworth from action by defendant [626−1] in 2:96−cv−71416, 2:97−cv−71514 [EOD Date 8/16/99] (ew) Modified on 08/16/1999 (Entered: 08/16/1999)
ORDER by Magistrate Judge Marc L. Goldman granting motion to withdraw by Deborah A. LaBelle in 2:96−cv−71416, Richard A. Soble in 2:96−cv−71416, Molly H. Reno in 2:96−cv−71416 as attorneys for Eula Unsworth in 2:96−cv−71416 by Molly H. Reno, Richard A. Soble, Deborah A. LaBelle, Eula Unsworth [631−1] in 2:96−cv−71416, 2:97−cv−71514 [EOD Date 8/16/99] (ew) Modified on 08/16/1999 (Entered: 08/16/1999)
RE−NOTICE of taking deposition duces tecum by oral examination of Robin Oliver 8/17/99 at 10am; Ronesha Williams on 8/25/99 at 10am; Tanika Lynch on 8/26/99 and 8/27/99 at 9am , with proof of mailing (RH) Modified on 08/16/1999 (Entered: 08/13/1999)
PROOF of mailing by plaintiff Rachel Clark in 2:96−cv−71416 of updated institutional and counselor files from 10/98 to 7/99 (RH) Modified on 08/16/1999 (Entered: 08/13/1999)
ORDER by Judge John Corbett O'Meara, referring motion to dismiss [711−1] motion for summary judgment by Haulk [711−2], motion to dismiss [702−1] motion for summary judgment by Herrington [702−2], motion to dismiss motion for summary judgment by Norris [701−2] in 2:96−cv71416; 2:97−cv−71514 to

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 45 of 61

08/13/1999 08/13/1999
08/13/1999 08/13/1999 08/13/1999 08/16/1999
08/16/1999 08/17/1999 08/17/1999 08/17/1999 08/17/1999 08/17/1999
08/17/1999 08/17/1999

Magistrate Judge Marc L. Goldman , for report and recommendation [EOD Date 8/16/99] (ew) Modified on 08/16/1999 (Entered: 08/16/1999)
OBJECTIONS by defendants to black and white photographs taken at the Scott Correctional Facility, Florence Crane Women's Facility and Camp Branch in 2:96−cv−71416 to with proof of mailing and attachments (ew) Modified on 08/16/1999 (Entered: 08/16/1999)
RESPONSE by Linda Nunn in 2:96−cv−71416, USA in 2:97−cv−71514 to motion for temporary restraining order by plaintiffs/counter−defendant, [649−1], motion for preliminary injunction by plaintiffs, counter−defendant, plaintiff [649−2] in 2:96−cv−71416, [0−1] in 2:97−cv−71514, [0−2] in 2:97−cv−71514 with attachments and proof of mailing (ew) (Entered: 08/18/1999)
DESCRIPTION OF ANTICIPATED PRESENTATION at the August 17−19 hearing by defendants in 2:96−cv−71416 [EOD Date: 8/18/99] with proof of mailing (ew) Modified on 08/19/1999 (Entered: 08/18/1999)
MOTION by plaintiff USA in 2:97−cv−71514 for protective order with brief and proof of mailing (ew) Modified on 08/19/1999 (Entered: 08/18/1999)
RESPONSE by plaintiff USA in 2:97−cv−71514 to motion to compel production of documents by defendants [666−1] in 2:96−cv−71416, [0−1] in 2:97−cv−71514 with attachments (ew) Modified on 08/19/1999 (Entered: 08/18/1999)
PROPOSED SUMMARY OF ISSUES AND TESTIMONY by plaintiff Linda Nunn in support of motion for preliminary injunction [649−2] application to intervene as plaintiffs' in case 97−CV−71514DT [585−1] in 2:96−cv−71416 with attachments and proof of mailing (ew) Modified on 03/06/2000 (Entered: 08/18/1999)
ORDER by Judge John Corbett O'Meara, concerning confidentiality of FBI investigation documents regarding Nichole Morrison and Ronesha Williams [EOD Date 8/18/99] (ew) Modified on 08/19/1999 (Entered: 08/18/1999)
APPLICATION hearing held on application to intervene as plaintiffs' [585−1] in 2:96−cv−71416, by Linda Nunn disposition: denied − Judge John Corbett O'Meara − Court Reporter: Andrea (ls) (Entered: 08/18/1999)
MOTION hearing held on motion for conditional dismissal by defendants and plaintiff [81−1] in 2:97−cv−71514 − disposition: granted − Judge John Corbett O'Meara − Court Reporter: Andrea (ls) (Entered: 08/18/1999)
MOTION hearing held on motion for temporary restraining order by plaintiffs, [649−1], motion for preliminary injunction by plaintiffs [649−2] in 2:96−cv−71416 − disposition: denied − Judge John Corbett O'Meara Court Reporter Andrea (ls) (Entered: 08/18/1999)
MOTION by defendants in 2:96−cv−71416 to amend order [533−1] in 2:96−cv−71416 with brief, attachments and proof of mailing (ew) Modified on 08/19/1999 (Entered: 08/18/1999)
ORDER by Judge John Corbett O'Meara vacating order referring motion to dismiss [711−1] motion for summary judgment by Haulk [711−2], [702−1] [702−2], [701−2] in 2:96−cv71416; 2:97−cv−71514 [719−1] for report and recommendation [719−2], order [719−3] [EOD Date 8/18/99] (ew) Modified on 08/19/1999 (Entered: 08/18/1999)
ORDER by Judge John Corbett O'Meara, referring motion for protective order by MI Dept Corr, MI Dept Corr [609−1] to Magistrate Judge Marc L. Goldman in 2:96−cv−71416 [EOD Date 8/18/99] with proof of mailing (ew) Modified on 08/19/1999 (Entered: 08/18/1999)
OBJECTIONS by defendants to plaintiffs proposed presentation at the August 17−19 hearing and notice of additional witnesses [700−1] in 2:96−cv−71416 with proof of mailing (ew) (Entered: 08/18/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 46 of 61

08/18/1999 08/19/1999 08/19/1999 08/19/1999 08/20/1999 08/20/1999
08/20/1999 08/20/1999
08/20/1999 08/20/1999
08/20/1999
08/24/1999 08/24/1999 08/24/1999 08/24/1999 08/24/1999 08/24/1999

83 PROOF of mailing of Three tapes from Internal Affairs Investigations IA−0472−98 and IA−0474−98 (ew) (Entered: 08/20/1999)
NOTICE by the Attorney General of subission of order with proof of mailing (ew) (Entered: 08/20/1999)
ORDER by Judge John Corbett O'Meara, referring motion to amend order [533−1] in 2:96−cv−71416 [0−1] in 2:97−cv−71514 to Magistrate Judge Marc L. Goldman , for hearing and determination [EOD Date 8/20/99] (ew) (Entered: 08/20/1999)
NOTICE of withdrawal of counsel for plaintiffs of Gail S Grieger with proof of mailing (lh) (Entered: 08/25/1999)
SUBPOENA returned executed by certified mail on 7/1/99 as to Ann Hinton, DCSW with proof of mailing (lh) (Entered: 08/23/1999)
SUBPOENA returned executed by process server on 7/23/99 as to Annie Mae Williams, Clara Wilson, Tracy Washington, Yvonne Sanders, Stephanie Penn, Darnita McGhee, Laura McBride, Tamara Marshall, Latonya Hobson, Valerie Johnson, Ursula Heard, Linda Hamilton, Dolores Jean Federico, Paula Campbell, Debra Brown and Karen Boler (lh) (Entered: 08/23/1999)
SUBPOENA returned executed by process server on 7/27/99 as to Andrea Williams, Lakisha Vance, Correta King, Karen Fournier, Sandra Griffin, Sonya Grissom, Tracy Cole and Charlene Billups−Hein (lh) (Entered: 08/23/1999)
SUBPOENA returned executed by process server on 7/28/99 as to Ina Young, Shirley Wilkinson, Mildred Perry, Lucinda Pollen, Jodi Roberts, Felicia Nabors, Brandy Nash, Pamela Morris, Rachel Mathison, Sally Jackson, Tawanda Hendricks, Jan Cook, Melissa Bell and Sherry Barringer (lh) (Entered: 08/23/1999)
PROOF of mailing of subpoenas served upon plaintiffs' witnesses − pleadings 734 thru 736 (lh) (Entered: 08/23/1999)
ORDER by Judge John Corbett O'Meara denying motion to vacate in part the protective order regarding plaintiffs' entry on land, and for access to court records by Natl Broadcasting Co [662−1] in 2:96−cv−71416, 2:97−cv−71514 [EOD Date 8/23/99] (lh) (Entered: 08/23/1999)
MOTION by plaintiffs in 2:96−cv−71416 to permit entry on land for inspection and other purposes , for assessment of costs and attorney fees , for amendment of order for group meeetings and for extension of discovery with brief, attachments and proof of mailing (lh) (Entered: 08/26/1999)
OBJECTIONS by plaintiff in 2:96−cv−71416 to defendants' proposed order denying plaintiff's motion for temporary restraining order and for preliminary injunction with proof of mailing (lh) (Entered: 08/26/1999)
NOTICE by court of setting hearing on motion that was set for 9/9/999 @ 10:00, now rescheduled for 9/28/99 @ 10:00am (motion not specified) (lh) (Entered: 09/01/1999)
ORDER by Magistrate Judge Marc L. Goldman allowing plaintiffs to make additional copy of video tapes and pictures from June 8−9, 1999 Tours [EOD Date 9/1/99] (lh) (Entered: 09/01/1999)
NOTICE by court of re−scheduling hearing date on motion to compel production of documents by defendants [666−1] for 9/28/99 @ 10:00 in 2:96−cv−71416, in 2:97−cv−71514 (lh) (Entered: 09/01/1999)
NOTICE of re−scheduling hearing on motion to compel production of documents by defendants [666−1] for 10:00 9/28/99 in 2:96−cv−71416 (lh) (Entered: 09/01/1999)
ORDER by Magistrate Judge Marc L. Goldman granting motion for order allowing plaintiffs to make additional copies of videotapes and pictures from June 8−9, 1999 tours by plaintiffs [682−1] in 2:96−cv−71416, 2:97−cv−71514 [EOD Date 9/1/99] (lh) (Entered: 09/01/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 47 of 61

08/25/1999 08/25/1999 08/25/1999 08/25/1999 08/25/1999 08/25/1999
08/27/1999 08/27/1999 08/27/1999
08/30/1999 08/31/1999 08/31/1999 08/31/1999 08/31/1999 09/01/1999 09/01/1999 09/01/1999

PROOF of mailing of copy of subpoena and notice of taking deposition duces tecum by oral examination of Paul Nelson and Ed Trudeau (lh) (Entered: 09/01/1999)
PROOF of mailing of copies of counselor, Institutional and Central Officec file updates for Tanika Lynch and Medical and Counselor File updates for Ronesha Williams. (lh) Modified on 09/01/1999 (Entered: 09/01/1999)
ORDER by Judge John Corbett O'Meara with stipulation dismissing plaintiff Eula Unsworth with prejudice [EOD Date: 9/1/99] (lh) (Entered: 09/01/1999)
AMENDED notice of taking deposition duces recum by oral examination of Ed Trudeau 9/3/99 @ 9:00 with request for production of document and proof of mailing (lh) (Entered: 09/01/1999)
NOTICE by court setting hearing date on motion for protective order by USA [723−1] for 10:00 10/4/99 in 2:96−cv−71416 and 2:97−cv−71514 (lh) (Entered: 09/02/1999)
APPEARANCE for defendants MI Dept Corr, Simmons Edwards, Butters , Maurice Steward, Herrington, Cunningham, Haulk, Derrickson, Norris, Lewis, McCombs, Watson, Richardson, Dorn, Wes Bonney, Reed, Fulmer, Terri Huffman, Joan Yukins, Robert Salis, Carol Howes, Sally Langley, Robey, Gallagher, Ellison, Portman, Martin Tate, Cornell Howard, Kenneth McGinnis, Albert Moon, John Sobkowiak and Benny Guye in 2:96−cv−71416 of attorney Patrick J. Wright with proof of mailing (lh) Modified on 09/03/1999 (Entered: 09/03/1999)
MOTION by plaintiffs in 2:96−cv−71416 to file instanter plaintiffs' response to defendants' motion to sever claims with brief (DT) (Entered: 08/30/1999)
RESPONSE by plaintiffs in 2:96−cv−71416 to defendants' motion to sever claims [657−1] in 2:96−cv−71416 with proof of mailing (DT) (Entered: 08/30/1999)
ORDER by Judge John Corbett O'Meara with stipulation extending deadline for plaintiffs' response to Haulk's motion for summary judgment [711−2], Herrington's motion for summary judgment [702−2] and Norris' motion for summary judgment [701−2] for 9/3/99 in 2:96−cv−71416 [EOD Date: 8/30/99] (DT) (Entered: 08/30/1999)
MOTION by defendants in 2:96−cv−71416 for clarification of 10/6/97 protective order or issue a new protective order regarding ongoing investigation files with brief, attachments and proof of mailing (DT) (Entered: 08/30/1999)
NOTICE by defendants in 2:96−cv−71416 for settlement of proposed orders and defendants' response to plaintiffs' objections with proof of mailing (DT) (Entered: 09/01/1999)
NOTICE by defendant in 2:96−cv−71416 of taking deposition duces tecum by oral examination of Michael Martin on 9/17/99 at 9:00 am with proof of mailing (DT) (Entered: 09/01/1999)
COPY of stipulation and order for extension of time [711−2] [702−2] [701−2][744−1] [744−2] in 2:96−cv−71416 mailed and returned as undeliverable as to Barbara Levine (DT) (Entered: 09/01/1999)
MOTION by defendants in 2:96−cv−71416 for protective order regarding continuation of Nancy Zang's deposition with brief and proof of mailing (DT) (Entered: 09/01/1999)
RESPONSE by plaintiffs to defendants' motion to amend protective order for diaries and journals [533−1] in 2:96−cv−71416 nt, [726−1] in 2:96−cv−71416 with exhibit A and proof of mailing (DT) (Entered: 09/02/1999)
PROOF of mailing of subpoenas for witnesses (DT) (Entered: 09/02/1999)
PROOF of mailing of subpoenas for witnesses (DT) (Entered: 09/02/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 48 of 61

09/02/1999 09/07/1999
09/07/1999 09/07/1999 09/07/1999 09/07/1999 09/07/1999 09/07/1999
09/07/1999 09/08/1999 09/09/1999 09/09/1999

ORDER by Judge John Corbett O'Meara granting motion to file oversized brief and enlargement of time [622−1] in 2:96−cv−71416 [EOD Date 9/3/99] with proof of mailing (DT) (Entered: 09/03/1999)
RESPONSE by defendants' in 2:96−cv−71416, 2:97−cv−71514 to motion to permit entry on land for inspection and other purposes by plaintiffs, counter−defendant, plaintiff [740−1] in 2:96−cv−71416, motion for assessment of costs by plaintiffs, counter−defendant, plaintiff [740−2] in 2:96−cv−71416, motion attorney fees by plaintiffs, counter−defendant, plaintiff [740−3] in 2:96−cv−71416, motion for amendment of order for group meeetings by plaintiffs, counter−defendant, plaintiff [740−4] in 2:96−cv−71416, motion for extension of discovery by plaintiffs, counter−defendant, plaintiff [740−5] in 2:96−cv−71416, motion to permit entry on land for inspection and other purposes by plaintiffs, counter−defendant, plaintiff [0−1] in 2:97−cv−71514, motion for assessment of costs by plaintiffs, counter−defendant, plaintiff [0−2] in 2:97−cv−71514, motion attorney fees by plaintiffs, counter−defendant, plaintiff [0−3] in 2:97−cv−71514, motion for amendment of order for group meeetings by plaintiffs, counter−defendant, plaintiff [0−4] in 2:97−cv−71514, motion for extension of discovery by plaintiffs, counter−defendant, plaintiff [0−5] in 2:97−cv−71514 attachments 1−6, and proof of mailing. (PP) (Entered: 09/08/1999)
PROOF of mailing by defendants' in 2:96−cv−71416, in 2:97−cv−71514 of subpoena. (PP) (Entered: 09/08/1999)
RESPONSE by plaintiffs' in 2:96−cv−71416, plaintiff in 2:97−cv−71514 to motion to dismiss by Norris [701−1] in 2:96−cv−71416, motion for summary judgment by Norris [701−2] in 2:96−cv−71416, motion to dismiss by Norris [0−1] in 2:97−cv−71514, motion for summary judgment by Norris [0−2] in 2:97−cv−71514 with attachments A &B (PP) (Entered: 09/08/1999)
RESPONSE by plaintiffs' in 2:96−cv−71416, plaintiff in 2:97−cv−71514 to motion to dismiss by Haulk [711−1] in 2:96−cv−71416, motion for summary judgment by Haulk [711−2] in 2:96−cv−71416, motion to dismiss by Haulk [0−1] in 2:97−cv−71514, motion for summary judgment by Haulk [0−2] in 2:97−cv−71514 (PP) (Entered: 09/08/1999)
RESPONSE by plaintiffs' in 2:96−cv−71416, plaintiff in 2:97−cv−71514 to motion to dismiss by Herrington [702−1] in 2:96−cv−71416, motion for summary judgment by Herrington [702−2] in 2:96−cv−71416, motion to dismiss by Herrington [0−1] in 2:97−cv−71514, motion for summary judgment by Herrington [0−2] in 2:97−cv−71514 (PP) (Entered: 09/08/1999)
PROOF of mailing by plaintiffs' in 2:96−cv−71416 of [767−1], [768−1], [769−1]. (PP) (Entered: 09/08/1999)
PROOF of mailing by defendants' in 2:96−cv−71416, in 2:97−cv−71514 of telephone records pursuant to plaintiffs' seventh request for production of documents, exhit interviews pursuant to plaintiffs' ninth request for production of documents, documents expunged from personnel files pursuant to plaintiffs' ninth request for production of documents, documents in response to item 5 on plaintiffs' 11/30/98 letter, documents in response to item 2 on plaintiffs' 11/30/98 letter, documents in response to item 7 on plaintiffs' 11/30/98 letter, additional documents in response to item 14 on plaintiffs' 11/30/98 letter. (PP) (Entered: 09/08/1999)
PROOF of mailing by defendants' in 2:96−cv−71416, in 2:97−cv−71514 of copies of medical and centeral office file updates for Maria Lopez. (PP) (Entered: 09/08/1999)
SUBPOENA returned executed by process server on 8/25/99 as to Anita Laws (PP) (Entered: 09/09/1999)
PROOF of mailing by defendants' in 2:96−cv−71416 of copies of Counselor and Institutional file updates for Maria Lopez. (PP) (Entered: 09/09/1999)
REPORT and recommendation by Magistrate Judge Marc L. Goldman that motion contempt sanctions as to defendant Portman by plaintiffs, [559−2] in 2:96−cv−71416, motion contempt sanctions as to defendant Portman by plaintiffs, [0−2] in 2:97−cv−71514 be granted motion for entry default judgment by

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 49 of 61

09/09/1999
09/10/1999 09/10/1999 09/13/1999 09/13/1999 09/13/1999 09/13/1999 09/13/1999 09/13/1999 09/13/1999 09/13/1999 09/13/1999 09/13/1999 09/13/1999 09/13/1999 09/13/1999 09/14/1999
09/14/1999
09/15/1999 09/15/1999

plaintiffs, [559−1] in 2:96−cv−71416, motion for entry default judgment by plaintiffs, [0−1] in 2:97−cv−71514 be denied [EOD Date: 9/10/99], with proof of mailing. (PP) (Entered: 09/10/1999)
NOTICE by Magistrate Judge Goldman's chambers of setting hearing on motion for protective order regarding continuation of Nancy Zang's deposition by defendants [749−1] for 10:00 10/4/99 in 2:96−cv−71416, in 2:97−cv−71514 in 2:96−cv−71416, motion protective order regarding continuation of Nancy Zang's deposition by defendants [0−1] in 2:97−cv−71514 (PP) (Entered: 09/10/1999)
SUBPOENA returned executed by certified mail on 8/24/99 as to Ed Trudeau (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by certified mail on 8/24/99 as to Paul Nelson (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal on 9/2/99 as to Kim Amyx (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal on 9/2/99 as to Linda Lanstra (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal service on 9/3/99 as to Christine Griffin (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal service on 9/3/99 as to Katie Green (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal service on 9/3/99 as to Kay Harwood (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal service on 9/3/99 as to Barbara Richards (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal service on 9/3/99 as to Nancy King (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal service on 9/3/99 as to Ibis Lazo (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal service on 9/3/99 as to Tonya Carson (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal service on 9/3/99 as to Rosa Flores (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal service on 9/3/99 as to Tonya Insley (DT) (Entered: 09/13/1999)
SUBPOENA returned executed by personal service on 9/3/99 as to Narsis Cayton (DT) (Entered: 09/13/1999)
84 SUBPOENA returned executed by personal service on 9/3/99 as to Brenda Partridge (DT) (Entered: 09/13/1999)
RESPONSE BRIEF by plaintiffs to defendants' motion for clarification of 10/6/97 protective order [745−1] or motion issue a new protective order regarding ongoing investigation files [745−2] in 2:96−cv−71416 with attachments and proof of mailing (DT) (Entered: 09/14/1999)
REPORT and recommendation by Magistrate Judge Marc L. Goldman that Butters' motion to dismiss [478−1] and motion for summary judgment [478−2] in 2:96−cv−71416 be granted in part and be denied in part [EOD Date: 9/16/99] with proof of mailing (DT) (Entered: 09/16/1999)
PROOF of mailing of subpoena in a civil case (DT) (Entered: 09/16/1999)
REPORT and recommendation by Magistrate Judge Marc L. Goldman that Watson's motion for Rule 12(b) dismissal [480−1] and motion Rule 56(b) Motion for Summary Judgment [480−2] in 2:96−cv−71416 be granted [EOD Date:

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 50 of 61

09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999 09/16/1999
09/17/1999 09/17/1999
09/20/1999 09/20/1999 09/22/1999
09/23/1999

9/16/99] with proof of mailing (DT) (Entered: 09/16/1999)
ORDER by Magistrate Judge Marc L. Goldman cancelling hearings set for USA's motion for protective order and St MI's motion to compel 2:96−cv−71416 [EOD Date 9/16/99] (DT) (Entered: 09/16/1999)
RESPONSE by plaintiffs to defendants' motion for protective order regarding continuation of Nancy Zang's deposition [749−1] in 2:96−cv−71416 with proof of mailing (DT) (Entered: 09/16/1999)
SUBPOENA returned executed by process server on 9/7/99 as to Sherry Walker (DT) (Entered: 09/16/1999)
SUBPOENA returned executed by personal service on 9/7/99 as to LaDonna Futrell (DT) (Entered: 09/16/1999)
SUBPOENA returned executed by process server on 9/7/99 as to Tawana Grimes (DT) (Entered: 09/16/1999)
SUBPOENA returned executed by process service on 9/7/99 as to Charlotte Cook (DT) (Entered: 09/16/1999)
SUBPOENA returned executed by process server on 9/7/99 as to Chris Sampson (DT) (Entered: 09/16/1999)
SUBPOENA returned executed by process service on 9/7/99 as to Gail McRaft (DT) (Entered: 09/16/1999)
SUBPOENA returned executed by process service on 9/7/99 as to Cheryl VanKleek (DT) (Entered: 09/16/1999)
SUBPOENA returned executed by process service on 9/7/99 as to Ollie Fulghar (DT) (Entered: 09/16/1999)
SUBPOENA returned executed by personal service on 9/7/99 as to Annie Williams (DT) (Entered: 09/16/1999)
SUBPOENA returned executed by process service on 9/7/99 as to Rhonda Fiste (DT) (Entered: 09/16/1999)
NOTICE of setting hearing on defendants' motion for clarification of 10/6/97 protective order [745−1] [745−2] and plaintiffs' motions to permit entry on land for inspection and other purposes [740−1], for assessment of costs [740−2], for attorney fees [740−3], for amendment of order for group meetings [740−4] and for extension of discovery [740−5] for 10:00 am on 10/12/99 in 2:96−cv−71416 (DT) (Entered: 09/20/1999)
PROOF of mailing of copy of Subpoena in a Civil Case (lh) (Entered: 09/20/1999)
ORDER by Judge John Corbett O'Meara with stipulation that plaintiff take depositions of incarcerated persons who have not been previously deposed and who are properly listed on defendants' witness lists [EOD Date: 9/20/99] (lh) (Entered: 09/20/1999)
PROOF of mailing of defendant's supplemental response to plaintiffs' 9/17/98 third set of interrogatories to directed to Sally Langely (lh) Modified on 09/21/1999 (Entered: 09/21/1999)
PROOF of mailing of Ongoing Investigation files provided pursuant to 6/29/99 order compelling supplementation of discovery responses (lh) (Entered: 09/21/1999)
OBJECTIONS by defendant Butters in 2:96−cv−71416 to report &recommendation dated 9/14/99 dismissing all of plaintiff's claims against defendant Butters except her claims against first amendment for retaliation [793−1] in 2:96−cv−71416 with proof of mailing (lh) (Entered: 09/23/1999)
PROOF of mailing of subpoenas by certified mail on 9/22/99 as to mary Tibbitt, Francine Fielder and Tammy Farmer (lh) Modified on 09/24/1999 (Entered: 09/24/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 51 of 61

09/23/1999 09/23/1999 09/23/1999 09/23/1999 09/23/1999 09/23/1999
09/27/1999 09/27/1999 09/27/1999 09/27/1999 09/28/1999
09/28/1999 09/28/1999 09/28/1999
09/28/1999

PROOF of mailing of copies of pending investigations. These materials are provided pursuant to 6/29/99 order compelling supplementation of discovery responses (lh) (Entered: 09/24/1999)
PROOF of mailing of Subpoena by certified mail as to Tamara Pride (lh) (Entered: 09/24/1999)
MOTION by plaintiffs' in 2:96−cv−71416 seeking preservation of status quo ante pending hearing on procedure concerning scheduling and conduct of witness depositions, attorney meetings and strip searches with attachments (no brief) (lh) Modified on 09/24/1999 (Entered: 09/24/1999)
AMENDED motion by plaintiffs' in 2:96−cv−71416 seeking clarification of procedures concerning scheduling and conduct of witness depositions, attorney visits and strip searches with attachments (no brief) (lh) Modified on 09/24/1999 (Entered: 09/24/1999)
PROOF of mailing by plaintiffs' in 2:96−cv−71416 of pleadings 817 and 818 (lh) (Entered: 09/24/1999)
NOTICE by court of setting hearing date on motion seeking preservation of status quo ante pending hearing on procedure concerning scheduling [817−1] and to conduct of witness depositions, attorney meetings and strip searches by plaintiffs [817−2] for 10:00 9/28/99 in 2:96−cv−71416, 2:97−cv−71514 (lh) (Entered: 09/24/1999)
SUBPOENA returned executed by process server on 9/23/99 as to Patricia Powell; Sandy Rebsterhouse; Jennifer Colpitts; Rose Marie Carter; Shella Brown; Janice Glover; Wendy Piotrowksi; Joan Rigan (RH) (Entered: 09/28/1999)
PROOF of mailing of copies of the remaining pending investigation. (prusuant to the 6/29/99 order compelling supplementation of discovery responses) (RH) (Entered: 09/29/1999)
NOTICE of taking deposition duces tecum by oral examination of Sandy Resterhouse of 10/8/99 at 9am; Jennifer Colpitts at 11am; Rose Marie Carter at 1pm; and Patricia Powell at 3pm , with proof of mailing (RH) (Entered: 09/29/1999)
NOTICE of taking deposition duces tecum by oral examination of Janice Glover at 9am; Shelia Brown at 11am; Wendy Piotrowski at 1pm and Jan Rigan at 3pm on 10/7/99 , with proof of mailing (RH) (Entered: 10/06/1999)
MOTION hearing held on motion seeking preservation of status quo ante pending hearing on procedure concerning scheduling by plaintiffs, counter−defendant, plaintiff [817−1] in 2:96−cv−71416, motion seeking preservation of status quo ante pending hearing on procedure concerning scheduling by plaintiffs, counter−defendant, plaintiff [0−1] in 2:97−cv−71514 − disposition: DENIED − Magistrate Judge Marc L. Goldman −tape #: 9/28/99 (gw) Modified on 03/06/2000 (Entered: 09/29/1999)
MOTION hearing held on motion for discovery sanctions regarding expert tours by Bertha Clark [583−1] in 2:96−cv−71416 − disposition: DENIED − Magistrate Judge Marc L. Goldman (gw) (Entered: 09/29/1999)
ORDER by Magistrate Judge Marc L. Goldman denying motion for discovery sanctions regarding expert tours by Bertha Clark [583−1] in 2:96−cv−71416 [EOD Date 9/29/99] (RH) (Entered: 09/29/1999)
ORDER by Magistrate Judge Marc L. Goldman denying motion seeking preservation of status quo ante pending hearing on procedure concerning scheduling [817−1] and denying motion conduct of witness depositions, attorney meetings and strip searches by plaintiffs, counter−defendant, plaintiff [817−2] in 2:96−cv−71416 [EOD Date 9/29/99] (RH) Modified on 02/18/2000 (Entered: 09/29/1999)
ORDER by Magistrate Judge Marc L. Goldman accepting report &recommendation [793−1] in 2:96−cv−71416, granting in part and denying in part motion to dismiss [478−1]/ motion for summary judgment by Butters [478−2] in

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 52 of 61

09/28/1999
09/28/1999 09/28/1999
09/29/1999 09/29/1999
09/29/1999 09/29/1999 09/29/1999
09/30/1999
09/30/1999 10/01/1999 10/01/1999 10/01/1999 10/01/1999 10/01/1999 10/01/1999

2:96−cv−71416 [EOD Date 9/29/99] (RH) (Entered: 09/29/1999)
ORDER by Judge John Corbett O'Meara granting motion to dismiss by Butters [478−1] with respect to plaintiff's Eight Amendment sexual harrassment claim and denying motion for summary judgment by Butters [478−2] in respect to plaintiff's First Amendment retaliation claim in 2:96−cv−71416 [EOD Date 9/29/99] (RH) (Entered: 09/29/1999)
APPEARANCE for defendants in 2:96−cv−71416 of attorney Wanda M. Stokes as co−counsel (RH) (Entered: 09/29/1999)
RESPONSE by defendants' in 2:96−cv−71416 to motion seeking preservation of status quo ante pending hearing on procedure concerning scheduling [817−1] in 2:96−cv−71416, and and conduct of witness depositions attorney meeting and strip searches by plaintiffs [817−2] in 2:96−cv−71416, and in 2:97−cv−71514 with exhbiits 1−3 and proof of mailing (RH) (Entered: 09/29/1999)
ORDER by Judge John Corbett O'Meara denying application to intervene as plaintiffs' in case 97−CV−71514DT by Linda Nunn [585−1] in 2:96−cv−71416, [EOD Date 9/30/99], with proof of mailing. (PP) (Entered: 09/30/1999)
ORDER by Judge John Corbett O'Meara denying motion for temporary restraining order by plaintiffs' counter−defendant, plaintiff [649−1] in 2:96−cv−71416, 2:97−cv−71514, denying motion for preliminary injunction by plaintiffs, counter−defendant, plaintiff [649−2] in 2:96−cv−71416, 2:97−cv−71514 [EOD Date 9/30/99] (PP) Modified on 02/18/2000 (Entered: 09/30/1999)
85 ORDER by Judge John Corbett O'Meara that case is dismissed with condition upon defendants' compliance with the terms of the settlement agreement, with proof of mailing [EOD Date: 9/30/99] (dh) (Entered: 09/30/1999)
AMENDED OBJECTIONS by defendant Butters in 2:96−cv−71416 [813−1] in 2:96−cv−71416 to report and recommendation (RH) (Entered: 10/01/1999)
86 NOTICE by defendants' in 2:96−cv−71416 to withdraw motion for protective order regarding continuation of Nancy Zang's deposition [749−1] in 2:96−cv−71416 and cancelling the scheduled for 10/4/99 on motion for protective (RH) (Entered: 10/01/1999)
ORDER by Judge John Corbett O'Meara accepting report &recommendation [775−1] in 2:96−cv−71416, [0−1]; denying motion for entry default judgment by plaintiffs/ counter−defendants [559−1] in 2:96−cv−71416; defendant Portman be assessed costs and attorney fess in the amount of $2,096.30 and is ordered to appear at a deposition to by noticed by plaintiff [EOD Date 10/1/99] (RH) Modified on 03/06/2000 (Entered: 10/01/1999)
JUDGMENT by Judge John Corbett O'Meara granting motion for Rule 12(b) dismissal by Watson [480−1] [EOD Date 10/5/99] (RH) (Entered: 10/05/1999)
ORDER by Judge John Corbett O'Meara accepting report &recommendation [795−1] [EOD Date 10/1/99] (RH) (Entered: 10/01/1999)
SUBPOENA returned executed by process server on 9/21/99 as to Kim Simmons (ls) (Entered: 10/05/1999)
SUBPOENA returned executed by process server on 9/21/99 as to Linda Peters (ls) (Entered: 10/05/1999)
SUBPOENA returned executed by process server on 9/21/99 as to Diana Hissong (ls) (Entered: 10/05/1999)
SUBPOENA returned executed by process server on 9/21/99 as to Sandy Jones (ls) (Entered: 10/05/1999)
PETITION by plaintiff Monica Herring in 2:96−cv−71416 for rehearing of Magistrate Goldman's report &recommendation of September 15,1999 [795−1] with attachments and proof of mailing (ls) (Entered: 10/05/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 53 of 61

10/04/1999 10/04/1999
10/04/1999 10/04/1999
10/04/1999 10/04/1999
10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999 10/04/1999

PROOF of mailing of copies of additional material related to pending investigations (ls) (Entered: 10/05/1999)
MOTION by plaintiffs in 2:96−cv−71416 to strike witness testimony and to compel responses to interrogatories with brief, attachments and proof of mailing (ls) (Entered: 10/05/1999)
MOTION by defendant Derrickson in 2:96−cv−71416 for summary judgment with brief, attachment and proof of mailing (ls) (Entered: 10/05/1999)
PETITION by plaintiff Jacquelyn Scully in 2:96−cv−71416 for reconsideration of Magistrate Goldman's report &recommendation of September 14, 1999 [793−1] with attachment and proof of mailing (ls) (Entered: 10/05/1999)
ORDER by Magistrate Judge Marc L. Goldman granting motion to amend order [726−1] in 2:96−cv−71416 [EOD Date 10/5/99] (ls) (Entered: 10/05/1999)
MOTION hearing held on motion to amend order [533−1] in 2:96−cv−71416 by defendant, counter−claimant, defendant [726−1] in 2:96−cv−71416, motion to amend order [533−1] in 2:96−cv−71416 by defendant, counter−claimant, defendant [0−1] in 2:97−cv−71514 − disposition: GRANTED − Magistrate Judge Marc L. Goldman (gw) (Entered: 10/05/1999)
PROOF of mailing of notice of additional means of recording deposition pertaining to Maria Lopez (ls) (Entered: 10/07/1999)
PROOF of mailing of re−notice of continuation of taking deposition duces tecum pertaining to Thomas Sizemore (ls) (Entered: 10/07/1999)
PROOF of mailing of notice of taking deposition duces tecum pertaining to Joan Yukins (ls) (Entered: 10/07/1999)
PROOF of mailing of re−notice of taking deposition duces tecum pertaining to defendant Ronald Butters (ls) (Entered: 10/07/1999)
PROOF of mailing of notice of taking deposition duces tecum pertaining to Nathan McQueen (ls) (Entered: 10/07/1999)
PROOF of mailing of notice of taking deposition duces tecum pertaining to defendant Anthony Norris (ls) (Entered: 10/07/1999)
PROOF of mailing of subpoena and notice of taking deposition duces tecum pertaining to Dan Bolden (ls) (Entered: 10/07/1999)
PROOF of mailingof subpoena and notice of taking deposition duces tecum pertaining to Officer Soper (ls) (Entered: 10/07/1999)
PROOF of mailing of subpoena and notice of taking deposition duces tecum pertaining to Rodney Bacigal and Officer Lowe (ls) (Entered: 10/07/1999)
PROOF of mailing of subpoena and notice of taking deposition duces tecum pertaining to Eric Thompson (ls) (Entered: 10/07/1999)
PROOF of mailing of amended notice of taking deposition duces tecum pertaining to defendant Anthony Norris (ls) (Entered: 10/07/1999)
PROOF of mailing of notice of taking deposition duces tecum pertaining to defendant Ronald Butters on 8/20/99 (ls) (Entered: 10/07/1999)
PROOF of mailing of notice of continuation of taking deposition duces tecum pertaining to Marjorie Van Ochten (ls) (Entered: 10/07/1999)
PROOF of mailing of notice of continuation of taking deposition duces tecum pertaining to defendant Anthony Norris mailed 8/20/99 (ls) (Entered: 10/07/1999)
PROOF of mailing subpoena and notice of taking deposition duces tecum pertaining to Norman Lipscomb (ls) (Entered: 10/07/1999)
PROOF of mailing of stipulation and order to extend time to respond to defendants' motion to sever claims (ls) (Entered: 10/07/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 54 of 61

10/04/1999 10/04/1999 10/05/1999
10/07/1999 10/08/1999 10/12/1999
10/12/1999
10/12/1999 10/12/1999 10/12/1999 10/12/1999
10/12/1999
10/14/1999 10/15/1999 10/15/1999 10/15/1999 10/18/1999
10/21/1999

PROOF of mailing of stipulation and order regarding depositions (ls) (Entered: 10/07/1999)
MOTION by plaintiff Monica Herring in 2:96−cv−71416 for reconsideration of order [836−1] [836−1] with brief, exhibit and proof of mailing (ls) (Entered: 10/07/1999)
ORDER by Magistrate Judge Marc L. Goldman granting enlargement of time for defendant to submit its supplemental report pertaining to plaintiff Tracy Neal's diaries for 11/15/99 in 2:96−cv−71416 with proof of mailing [EOD Date 10/6/99] (ls) (Entered: 10/06/1999)
NOTICE by the court of re−scheduling hearing on objections to photos &videotapes for 11/4/99 in 2:96−cv−71416, (ls) (Entered: 10/08/1999)
LETTER by Assistant Attorney General terminating attorney Michael A. Nickerson for both cases (see no. 97−71514) (cm) (Entered: 10/12/1999)
MOTION hearing held on motion for clarification of 10/6/97 protective order by defendants [745−1] in 2:96−cv−71416, motion for clarification of 10/6/97 protective order by defendants [0−1] in 2:97−cv−71514 − disposition: GRANTED − Magistrate Judge Marc L. Goldman (gw) Modified on 03/06/2000 (Entered: 10/12/1999)
MOTION and brief by defendants in 2:96−cv−71416 for protective order to prevent continuation of the depositions of Inspector Jay Bales, Roy Vest, RUM Dean Dixon and Michael Barrett with attachments and proof of mailing (DT) (Entered: 10/13/1999)
SUBPOENA returned executed by personal service on 9/29/99 as to Tammy Baumgart (DT) (Entered: 10/13/1999)
SUBPOENA returned executed by personal service on 9/29/99 as to Lynn Washington (DT) (Entered: 10/13/1999)
SUBPOENA returned executed by personal service on 9/29/99 as to Diane Harris (DT) (Entered: 10/13/1999)
ORDER by Magistrate Judge Marc L. Goldman granting plaintiffs' motion for re−tour and amendment of order for group meetings [740−1] [740−2][740−4][740−5] and denying plaintiffs' motion for attorney fees [740−3] [EOD Date 10/13/99] with proof of mailing (DT) (Entered: 10/13/1999)
ORDER by Magistrate Judge Marc L. Goldman granting defendants' motion for clarification of the 10/6/97 protective order regarding ongoing investigation files [745−1] [745−2] in 2:96−cv−71416 [EOD Date 10/13/99] with proof of mailing (DT) (Entered: 10/13/1999)
PROOF of mailing of most recent MDOC audio/visual training regarding conducting personal searches − clothed, female strip search, male strip searches and current training module for conducting searches (DT) (Entered: 10/15/1999)
SUBPOENA returned executed by certified mail on 10/13/99 as to Selina Glasgow with Notice of taking deposition duces tecum (bk) (Entered: 10/19/1999)
SUBPOENA returned executed by certified mail on 10/13/99 as to Valerie Kenyon with Notice of taking deposition duces tecum (bk) (Entered: 10/19/1999)
SUBPOENA returned executed by certified mail on 10/13/99 as to Louise Fullwood (bk) (Entered: 10/19/1999)
RESPONSE by plaintiff Robin Oliver in 2:96−cv−71416 to Motion for Summary Judgment by Derrickson [844−1] in 2:96−cv−71416, Motion for Summary Judgment by Derrickson [0−1] in 2:97−cv−71514 with exhibits and proof of service (bk) Modified on 03/06/2000 (Entered: 10/21/1999)
PROOF of mailing of revised Prisoner Guidebook pursuant to Order compelling supplementaion of Discovery Responses upon Deborah LaBelle (bk) (Entered: 10/21/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 55 of 61

10/25/1999 10/26/1999 10/27/1999 10/27/1999 10/27/1999 10/28/1999
10/28/1999 11/01/1999 11/02/1999 11/02/1999 11/02/1999
11/03/1999 11/03/1999 11/03/1999
11/03/1999 11/04/1999 11/04/1999

RESPONSE by defendants in 2:96−cv−71416 to motion to strike witness testimony [843−1] and to compel responses to interrogatories by plaintiffs [843−2] owith attachments and proof of mailing (lh) (Entered: 10/26/1999)
MOTION by defendants in 2:96−cv−71416 to strike witness testimony and to compel responses to interrogatories with brief and attachments (lh) (Entered: 10/26/1999)
OBJECTIONS by defendants in 2:96−cv−71416 to order [875−1] regarding motion issue a new protective order regarding ongoing investigation files by defendants [745−2] with attachment and proof of mailing (lh) (Entered: 10/27/1999)
OBJECTIONS by defendants in 2:96−cv−71416 to order [874−1] regarding motion for re−tour and amendment of order for Group Meetings [740−1] [740−2] [740−3] [740−4] [740−5] with attachment and proof of mailing (lh) (Entered: 10/27/1999)
PROOF of mailing of notice of taking deposition duces tecum pertaining to Ed Trudeau (lh) (Entered: 10/28/1999)
PROOF of mailing of Institutional, Counselor, Medical and Central Office file updates for Marian Beach, Willie Mae Carter, Brenda Clarak, Victoria Hollis, Annie Williams, Gladys Wilson, Tina McGraw and Carolyn Wilson; Central Office file updates for Maria Lopez, Nakeesha Golden, Ronesha Williams, Monica Jahner, Jacqelyn Myrick and Tanika Lynch; Institutional, Counselor and Medical file updates for Stacy Barker, Monica Herring, Rachel Clark and Robin McCardle (lh) (Entered: 10/28/1999)
NOTICE by court of setting hearing date on motion to strike witness testimony by defendant [903−1] for 10:00 11/15/99 in 2:96−cv−71416 (lh) (Entered: 10/28/1999)
PROOF of mailing pending investigations From Scott, Camp Branch and Crane (RH) (Entered: 11/03/1999)
TELE−CONFERENCE held − Magistrate Judge Marc L. Goldman (gw) (Entered: 11/02/1999)
AFFIDAVIT of Assistant Deputy Warden Charlene Carberry (cm) (Entered: 11/03/1999)
ORDER by Magistrate Judge Marc L. Goldman, plaintiffs' produce to defendants a copy of all photographs of correctional facilities taking during the course of (Neal) purusant to the hearing held on 5/24/99 [EOD Date 11/8/99] (RH) (Entered: 11/08/1999)
PROOF of mailing of subpoenas and notice of deposition for 11/15/99, served upon plaintiffs' (RH) (Entered: 11/03/1999)
NOTICE of taking deposition of I. (Irene) Kirkwood at 9am; Erica McLeod at 11am; Phyllis Palazzola at 1pm; Lisa Watson at 3pm on 9/16/99 , with proof of mailing (RH) (Entered: 11/08/1999)
PROOF of mailing of medical file updats for plaintiffs Nakeesha Golden, Monica Jahner, Maria Lopez, Robin Mc Cardle, Jacquelyn Myrick, Linda Nunn, Darleene Peerenboom, Ikemia russell and Ronesha Williams purusant to the Court's 6/29/99 order compelling supplemenation of discovery responses (RH) (Entered: 11/08/1999)
PROOF of mailing of plaintiffs' fifteenth request for production of documents (RH) (Entered: 11/08/1999)
SCHEDULE: setting civil status conference for 2:00 11/12/99 in 2:96−cv−71416, in 2:97−cv−71514 (gw) (Entered: 11/04/1999)
ORDER by Magistrate Judge Marc L. Goldman. The parties remain bound by the terms of the protective order dated 6/8/99 relating to photographing and videotaping. Any objections to this order must be filed with the district court within ten days after entry of Rule 72(a)FRCP [EOD Date 11/5/99] (RH) (Entered: 11/05/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 56 of 61

11/04/1999 11/04/1999 11/04/1999
11/05/1999
11/08/1999
11/08/1999 11/09/1999 11/09/1999
11/10/1999 11/12/1999 11/12/1999
11/12/1999 11/12/1999
11/12/1999 11/12/1999 11/12/1999 11/12/1999 11/12/1999 11/12/1999 11/12/1999 11/12/1999

PROOF of mailing of subpoena and notice of taking deposition duces tecum pertaining to Catherine Scott (RH) (Entered: 11/05/1999)
SECOND NOTICE of non−admission of attorney Barbara R. Levine (RH) (Entered: 11/05/1999)
MOTION hearing adjourned on motion to strike witness testimony by plaintiffs [843−1] to 10:00 11/15/99 in 2:96−cv−71416, in 2:97−cv−71514 − Magistrate Judge Marc L. Goldman (gw) Modified on 03/06/2000 (Entered: 11/09/1999)
MOTION by defendants in 2:96−cv−71416, 2:97−cv−71514 to extend time in which to file responses to plaintiffs' fourteenth request for production of documents (ew) (Entered: 11/08/1999)
OBJECTIONS by defendants in 2:96−cv−71416, 2:97−cv−71514 to plaintiffs' fourteenth request for production of documents with proof of mailing (ew) (Entered: 11/09/1999)
PROOF of mailing of order for production of photographs taken in Neal v MDOC (ew) (Entered: 11/09/1999)
PROOF of mailing of daily personnel reconciliation and daily assignment sheets from Scott for April and May 1997 (ew) (Entered: 11/10/1999)
PROOF of mailing of updates to the personnel files of defendants Kenneth McGinnis, Warden Langley and Warden Yukins as requested in a letter dated 10/22/99 (ew) (Entered: 11/10/1999)
PROOF of mailing of subpoena for documents with regard to Jack Hall (ls) (Entered: 11/15/1999)
STATUS conference held − Judge John Corbett O'Meara (dg) (Entered: 11/12/1999)
RESPONSE by plaintiffs in 2:96−cv−71416 to motion to strike witness testimony by defendants [903−1] and motion to compel responses to interrogatories by defendants [903−2] with attachments and proof of mailing (ls) (Entered: 11/16/1999)
RESPONSE by plaintiffs in 2:96−cv−71416 to objection by defendants [904−1] with attachments and proof of mailing (ls) (Entered: 11/16/1999)
RESPONSE by plaintiff in 2:96−cv−71416 to objections to order authorizing re−tour of Scott Facility by defendants [905−1] with attachment and proof of mailing (ls) (Entered: 11/16/1999)
PROOF of mailing of order compelling supplementation of discovery requests (ls) (Entered: 11/16/1999)
SUBPOENA returned executed by process server on 10/26/99 as to Tawana Grimes (ls) (Entered: 11/16/1999)
SUBPOENA returned executed by process server on 10/26/99 as to Karen Fournier (ls) (Entered: 11/16/1999)
SUBPOENA returned executed by process server on 10/26/99 as to Hiywanica Dunning (ls) (Entered: 11/16/1999)
SUBPOENA returned executed by process server on 10/26/99 as to Tamara Chavis (ls) (Entered: 11/16/1999)
SUBPOENA returned executed by process server on 10/26/99 as to Ben Jakalyn (ls) (Entered: 11/16/1999)
SUBPOENA returned executed by process server on 10/26/99 as to LaBarbara Anderson (ls) (Entered: 11/16/1999)
SUBPOENA returned executed by process server on 10/26/99 as to Dianna Harris (ls) (Entered: 11/16/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 57 of 61

11/12/1999 11/12/1999 11/12/1999 11/12/1999 11/15/1999
11/15/1999
11/15/1999
11/15/1999 11/15/1999 11/15/1999 11/15/1999 11/16/1999 11/23/1999 11/29/1999 11/29/1999

SUBPOENA returned executed by process server on 10/26/99 as to Dawn Zimmerli (ls) (Entered: 11/16/1999)
SUBPOENA returned executed by process server on 10/26/99 as to Andrea Williams (ls) (Entered: 11/16/1999)
SUBPOENA returned executed by process server on 10/26/99 as to Lakish Vance (ls) (Entered: 11/16/1999)
SUBPOENA returned executed by process server on 10/26/99 as to Sharon Phillips (ls) (Entered: 11/16/1999)
MOTION hearing held on motion for protective order to prevent continuation of the depositions of Inspector Jay Bales, Roy Vest, RUM Dean Dixon and Michael Barrett by defendants [870−1] in 2:96−cv−71416, motion for protective order to prevent continuation of the depositions of Inspector Jay Bales, Roy Vest, RUM Dean Dixon and Michael Barrett by defendants [0−1] in 2:97−cv−71514 − disposition: DENIED − Magistrate Judge Marc L. Goldman − tape #: 11−15−99(gw) Modified on 03/06/2000 (Entered: 11/16/1999)
MOTION hearing held on motion to strike witness testimony by defendants, counter−claimant, defendant [903−1] in 2:96−cv−71416, to strike witness testimony by defendants, counter−claimant, defendant [0−1] in 2:97−cv−71514 − disposition: DENIED − Magistrate Judge Marc L. Goldman − tape #: 11−15−99 (gw) Modified on 03/06/2000 (Entered: 11/16/1999)
MOTION hearing held on motion to extend time in which to file responses to plaintiffs' fourteenth request for production of documents by defendants, counter−claimant, defendant [915−1] in 2:96−cv−71416, motion to extend time which to file responses to plaintiffs' fourteenth request for production of documents by defendants, counter−claimant, defendant [0−1] in 2:97−cv−71514 − disposition: GRANTED Magistrate Judge Marc L. Goldman − tape #: 11−15−99 (gw) Modified on 02/17/2000 (Entered: 11/16/1999)
AFFIDAVIT of Warden Sally Langley in support of defendants' response to plaintiffs' motion seeking preservation of status quo ante pending hearing on procedure concerning scheduling and conduct of witness depositions, attorney meetings and strip searches (ls) (Entered: 11/16/1999)
ORDER by Magistrate Judge Marc L. Goldman denying motion for protective order to prevent continuation of the depositions of Inspector Jay Bales, Roy Vest, RUM Dean Dixon and Michael Barrett by defendants [870−1] in 2:96−cv−71416 [EOD Date 11/16/99] (ls) (Entered: 11/16/1999)
ORDER by Magistrate Judge Marc L. Goldman denying motion to strike witness testimony by defendants [903−1] in 2:96−cv−71416, setting deadline for supplemental witness list for 12/15/99 [EOD Date 11/16/99] (ls) (Entered: 11/16/1999)
ORDER by Magistrate Judge Marc L. Goldman granting motion to extend time in which to file responses to plaintiffs' fourteenth request for production of documents by defendants [915−1] in 2:96−cv−71416, [EOD Date 11/16/99] (ls) (Entered: 11/16/1999)
PROOF of mailing of Dr. Blunt's addendum to report of psychiatric evaluation of Tracy Neal #221115 (RH) (Entered: 11/17/1999)
MOTION by plaintiff USA in 2:97−cv−71514 for order permitting communication with inmates , with brief, exhibits 1−3 and proof of mailing exhibits 1−3 and (RH) (Entered: 12/03/1999)
TRANSCRIPT taken on 9/28/99 of motion hearing (RH) (Entered: 11/30/1999)
REQUEST by plaintiff Linda Nunn in 2:96−cv−71416 for hearing on Magistrate Judge's order concerning depositions dated 11/15/99 and or relief from clerical error [941−1] in 2:96−cv−71416 with exhibit 1 and proof (RH) (Entered: 11/30/1999)

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11/29/1999 11/29/1999 11/29/1999 11/29/1999 11/30/1999 12/01/1999 12/01/1999 12/01/1999
12/01/1999
12/02/1999 12/03/1999 12/03/1999 12/03/1999 12/03/1999 12/03/1999 12/03/1999 12/03/1999 12/08/1999
12/08/1999

PROOF of mailing of updates provided per the Court's order of 6/29/99 (RH) (Entered: 12/01/1999)
PROOF of mailing of pleadings 866 (RH) (Entered: 12/01/1999)
PROOF of mailing of defendants' discovery requests (RH) (Entered: 12/01/1999)
REQUEST by plaintiff Linda Nunn in 2:96−cv−71416 rehearing on Magistrate Judge's order regarding witness lists dated 11/15/99 and /or relief from clerical error , with brief and exhibit (RH) (Entered: 12/01/1999)
NOTICE by the Court setting hearing on motion for order permitting communication with inmates by USA [955−1] for 9:00 12/6/99 in 2:97−cv−71514 (RH) (Entered: 12/03/1999)
TRANSCRIPT taken on 10/12/99 of motion hearing before Magistrate Judge Goldman (RH) (Entered: 12/02/1999)
TRANSCRIPT taken on 10/4/99 of motion hearing (RH) (Entered: 12/02/1999)
87 OBJECTIONS by defendants' 96−cv−71416, and 2:97−cv−71514 to Magistrate's order regarding plaintiffs' and defendants' motions to strike witness testimony and request for stay of order pending ruling on defendants' objections [942−1], with proof of mailing (RH) (Entered: 12/09/1999)
RESPONSE by defendants' in 2:96−cv−71416, and 2:97−cv−71514 to request for hearing on Magistrate Judge's order concerning depositions dated 11/15/99 and or relief from clerical error [941−1], with proof of mailing (RH) (Entered: 12/09/1999)
PROOF of mailing by defendants'in 2:96−cv−71416 2:96cv71415 and 2:97−cv−71514 to plaintiffs' fourteenth request for production of documents (RH) (Entered: 12/09/1999)
ORDER by Magistrate Judge Marc L. Goldman with stipulation extending time to file a response to plaintiffs' fifteenth request for production of documents for 12/17/99 in 2:96−cv−71416 [EOD Date: 12/7/99] (DT) (Entered: 12/07/1999)
RESPONSE by plaintiffs in 2:96−cv−71416 to motion for order permitting communication with inmates by USA [955−1] in 2:96−cv−71416 with attachment and proof of mailing (DT) (Entered: 12/08/1999)
PROOF of mailing by plaintiffs in 2:96−cv−71416 of sixteenth request for production of documents (DT) (Entered: 12/08/1999)
PROOF of mailing by plaintiffs of notices of taking deposition duces tecum of Joan Yukins, Maurice Steward, Burke Cunningham, Kenneth McGinnis (DT) (Entered: 12/08/1999)
PROOF of mailing by plaintiffs in 2:96−cv−71416 of subpoena and notice of taking deposition duces tecum of Catherine Scott, John Morrell, Arden Melburg, Greg Bria, Maurice Williams, Williams Hudson (DT) (Entered: 12/08/1999)
PROOF of mailing by plaintiffs in 2:96−cv−71416 of subpoenas and notices of taking deposition duces tecum by oral examination of Dave Howe and Glenda Wells (DT) (Entered: 12/08/1999)
PROOF of mailing by plaintiffs in 2:96−cv−71416 of amended notice of taking deposition duces tecum of Joan Yukins (DT) (Entered: 12/08/1999)
MOTION hearing held (telephonic) on motion for order permitting communication with inmates by USA [955−1] in 2:96−cv−71416, motion for order permitting communication with inmates by USA [0−1] in 2:97−cv−71514 − disposition: GRANTED − Magistrate Judge Marc L. Goldman −tape#: 12/7/99 (gw) (Entered: 12/08/1999)
ORDER by Magistrate Judge Marc L. Goldman granting motion for order permitting communication with inmates by USA [955−1] in 2:96−cv−71416, [EOD Date 12/9/99] (ls) (Entered: 12/09/1999)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 59 of 61

12/09/1999 12/14/1999 12/15/1999
12/16/1999 12/16/1999
12/16/1999
12/17/1999 12/22/1999 01/10/2000
02/01/2000 02/14/2000 02/14/2000 03/07/2000 03/07/2000

PROOF of mailing of MDOC Internal Affairs updated files current to November 29, 1999 (ls) (Entered: 12/10/1999)
RESPONSE by plaintiffs' in 2:96−cv−71416 to objections by defendantss ito Magistrate Judge's 11/15/99 order to strike witnesses [965−1] in 2:96−cv−71416 with attachment (lh) (Entered: 12/15/1999)
REVISED scheduling order by Judge John Corbett O'Meara − setting deadline for discovery no later than 2/25/00 , proposed findings of fact for 3/14/00 4 , setting deadline for response to this motion (findings of fact) no later than 3/24/00 , reply no later than 3/28/00 , setting evidentiary hearing for 4/14/00 , plaintiff's counsel will propose two plaintiff's names no later than 11/26/99 , plaintiffs' cases for damages will proceed to trial on 5/23/00 , setting deadline for discovery as to sample plaintiffs filed no later than 2/8/00 , dispositive motions no later than 3/24/00 and motions in limine filked no later than 5/12/00 with proof of mailing (See order for details) (lh) (Entered: 12/21/1999)
RESPONSE by plaintiffs' in 2:96−cv−71416 to defendant's objections to Magistrate Judge's 11/15/99 order to strike witnesses [965−1] with attachment (lh) Modified on 12/21/1999 (Entered: 12/21/1999)
ORDER by Magistrate Judge Marc L. Goldman granting request for hearing on Magistrate Judge's order concerning depositions dated 11/15/99 and or relief from clerical error [941−1] by Linda Nunn [948−1] and granting request rehearing on Magistrate Judge's order regarding witness lists dated 11/15/99 and /or relief from clerical error by Linda Nunn [952−1] and defendants are to summarize testimony of each witness who will testify at trial by 12/15/99 and defendants to file supplemental witness list by 1/15/00 [EOD Date 12/21/99] (lh) (Entered: 12/21/1999)
2 PROOF of mailing of defendants' third supplement to plaintiffs' third set of interrogatories to defendant Sally Langely pursuant to paragraph three of Magistrate Goldman's 11/15/99 order identifyinbg witnesses whose potential testimony was previously designated as policies and procedures (lh) (Entered: 12/21/1999)
RESPONSE AND OBJECTIONS by defendants in 2:96−cv−71416 to plaintiffs' fifteenth request for production of documents with proof of mailing (ew) (Entered: 12/20/1999)
PROOF of mailing of defendant's response and objections to plaintiffs' sixteenth request for production of documents (ew) (Entered: 12/23/1999)
PROOF of mailing of copy of Updates of investigation files from Internal Affairs, Scott Crane and Camp Branch regarding allegations and/or investigations of sexual assaults, sexual misconduct, sexual harassment and or retaliation and allegation logs from Internal Affairs, Crane and Camp Branch per item 5 of the Court's 6/29/99 order compelling supplemementation of discovery requests (lh) (Entered: 01/11/2000)
SUPPLEMENTAL RESPONSE to defendants' response and objections to plaintiffs' sixteenth request for production of documents with proof of mailing (DT) (Entered: 02/02/2000)
TRANSCRIPT taken on 12/7/99 of Telephonic Hearing before Magistrate Marc L. Goldman (ew) (Entered: 02/15/2000)
TRANSCRIPT taken on 12/6/99 of Hearing before Magistrate Marc Goldman (ew) (Entered: 02/15/2000)
88 ORDER by Judge John Corbett O'Meara with stipulation dismissing the case with prejudice. [EOD Date: 3/8/00] (cf) Modified on 03/08/2000 (Entered: 03/08/2000)
89 MEMORANDUM by USA in 2:97−cv−71514 in support of stipulation to dismiss with exhibits and proof of service via Federal Express. (cf) Modified on 03/08/2000 (Entered: 03/08/2000)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 60 of 61

03/07/2000
01/18/2001 11/14/2001 11/14/2001 02/19/2003 10/28/2004 10/28/2004 11/19/2004 11/19/2004 12/01/2004 09/29/2005 12/13/2006 12/13/2006
02/23/2007

ORDER by Judge John Corbett O'Meara with stipulation that plaintiff's complaint is dismissed with prejduce as to all claims for damages against defendants Michigan Department of Corrections, Kenneth McGinnis, Director of Michigan Department of Corrections, Joan Yukins, Sally Langely, Terri Huffman, Carol Howes, Robert Salis, Cornell Howard, Roderick Robey, Stanley Dorn, Erwin Richardson, Leroy Watson, Roosevelt McCombs, Gerald Simmons, Anthony Norris, John Derrickson, Thomas Hauk, Burke Cunningham, Harry Herrington, Maurice Steward and Ronald Butters [EOD Date: 3/10/00] (lh) (Entered: 03/10/2000)
ORDER by Judge John Corbett O'Meara with stipulation, to dismissal with prejudice as to defendant Daniel Fullmer [EOD Date: 1/19/01] (ew) (Entered: 01/19/2001)
PROPOSED conclusions of law by MI Dept Corr and Bill Martin in 2:96−cv−71416 with proof of mailing (lh) Modified on 11/15/2001 (Entered: 11/15/2001)
PROPOSED findings of fact by defendant MI Dept Corr in 2:96−cv−71416 (lh) (Entered: 11/15/2001)
ORDER by Judge John Corbett O'Meara with stipulation for partial unconditional dismissal [EOD Date: 2/21/03] (DT) (Entered: 02/21/2003)
90 MOTION for full unconditional dismissal pursuant to 2/19/03 stipulation between the parties by defendants. Associated Cases: 2:96−cv−71416−JCO,2:97−cv−71514−JCO−MLG(RHutc, ) (Entered: 10/29/2004)
91 CERTIFICATE OF SERVICE re 998 MOTION for full unconditional dismissal pursuant to 2/19/03 stipulation between the parties. Associated Cases: 2:96−cv−71416−JCO,2:97−cv−71514−JCO−MLG(RHutc, ) (Entered: 10/29/2004)
92 CERTIFICATE OF SERVICE by plaintiffs of response and brief in opposition to defendants' motion for full unconditional dismissal. Associated Cases: 2:96−cv−71416−JCO,2:97−cv−71514−JCO−MLG(DPer, ) (Entered: 11/23/2004)
93 RESPONSE to 998 MOTION for full unconfitional dismissal pursuant to 2/19/03 stipulation between the parties filed by all plaintiffs. Associated Cases: 2:96−cv−71416−JCO,2:97−cv−71514−JCO−MLG(RHutc, ) (Entered: 11/23/2004)
94 RESPONSE to 998 MOTION for full unconditional dismissal pursuant to 2/19/03 stipulation between the parties filed by defendants. Associated Cases: 2:96−cv−71416−JCO,2:97−cv−71514−JCO−MLG(RHutc, ) (Entered: 12/02/2004)
95 NOTICE by all defendants of withdrawal of 998 MOTION for full unconfitional dismissal pursuant to 2/19/03 stipulation between the parties. Associated Cases: 2:96−cv−71416−JCO,2:97−cv−71514−JCO−MLG(NHoll, ) (Entered: 10/03/2005)
96 ATTORNEY APPEARANCE: Leo H. Friedman appearing on behalf of Michigan Department of Corrections.Associated Cases: 2:96−cv−71416−JCO,2:97−cv−71514−JCO−MLG(Friedman, Leo) (Entered: 12/13/2006)
97 MOTION Reinstate Defendants' Motion for Full Unconditional Dismissal Pursuant to February 19, 2003 Stipulation Between the Parties filed on October 28, 2004 re 998 MOTION for full unconfitional dismissal pursuant to 2/19/03 stipulation between the parties by Michigan Department of Corrections. Associated Cases: 2:96−cv−71416−JCO,2:97−cv−71514−JCO−MLG(Friedman, Leo) (Entered: 12/13/2006)
98 NOTICE of hearing on (1006 in 2:96−cv−71416−JCO) MOTION Reinstate Defendants' Motion for Full Unconditional Dismissal Pursuant to February 19, 2003 Stipulation Between the Parties filed on October 28, 2004 re (998) MOTION for full unconfitional dismissal pursuant to 2/19/03 stipulation between. Motion Hearing set for 3/15/2007 10:00 AM before Honorable John Corbett O'Meara. Associated Cases: 2:96−cv−71416−JCO, 2:97−cv−71514−JCO−MLG (WBar) (Entered: 02/25/2007)

Case: 2:97-cv-71514-JCO-MLG As of: 08/13/2014 02:10 PM EDT 61 of 61

03/07/2007
03/12/2007 04/25/2007

Reset Deadline as to (1006 in 2:96−cv−71416−JCO) MOTION Reinstate Defendants' Motion for Full Unconditional Dismissal Pursuant to February 19, 2003 Stipulation Between the Parties filed on October 28, 2004 re (998) MOTION for full unconfitional dismissal. Motion Hearing set for 4/26/2007 10:00 AM before Honorable John Corbett O'Meara. Associated Cases: 2:96−cv−71416−JCO, 2:97−cv−71514−JCO−MLG (WBar) (Entered: 03/07/2007)
99 NOTICE of Withdrawal of Attorney Saul A. Green by United States of America. Associated Cases: 2:96−cv−71416−JCO, 2:97−cv−71514−JCO−MLG (Green, Saul) (Entered: 03/12/2007)
100 STIPULATION AND ORDER OF DISMISSAL, Signed by Honorable John Corbett O'Meara. Associated Cases: 2:96−cv−71416−JCO, 2:97−cv−71514−JCO−MLG (WBar) (Entered: 04/25/2007)

 
 Memorandum

U.S. v. Michigan

• •• ••» • • • • • • • m
PC-MI-008-001

AEP:MHN:SYB:LJW:drb DJ 1 6 8 - 3 7 - 2 8
Subject
Proposed Investigation of the Crane Correctional Facility and the Scott Correctional Facility, Coldwater and Plymouth, Michigan

MAY 2 T 1994

To
Deval L. Patrick Assistant Attorney General Civil Rights Division

Arthur E. Peabody, Jr. Chief Special Litigation Section

Recommendation
We recommend the initiation of an investigation into the conditions of confinement at the Crane Correctional Facility (CCF) in Coldwater, Michigan, and the Scott Correctional Facility (SCF) in Plymouth, Michigan, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. Section 1997 et seq.
The information we have obtained suggests that prisoners confined at CCF and SCF are subjected to conditions which violate their constitutional rights. The allegations reported include the failure of the State to afford the prisoners protection from harm resulting in serious injuries due to sexual assaults and lack of adequate medical care, including inadequate pre-natal and mental health care.
Sources of Information
We have obtained information from a variety of sources regarding the conditions of confinement at CCF and SCF. Deborah LaBelle, a private attorney, forwarded to us two civil complaints filed in state court on behalf of prisoners at SCF alleging that the treatment of the prisoners at SCF is deplorable. We have since conducted several telephone interviews with her as well as with Lisa Glacier, a private attorney, and Patrick Priest, Esq., Hervey Jenkins, Esq., JaDonna Young, and Serena Gordon with Prison Legal Services, all of whom furnished information regarding the conditions at the prisons.
Background
Crane Correctional Facility and Scott Correctional Facility are medium security prisons for women. The average daily

RECEIVED

JiiN 7 I'd94

i

D. L. P. I

population at CCF is 650, and the average daily population at SCF is 860. 1/
Convicted prisoners are protected by the Eighth Amendment's proscription against cruel and unusual punishment. Rhodes v. Chapman, 452 U.S. 337 (1981); also see Wilson v. Seiter, 111 S.Ct. 2321 (1991).
Discussion
Sexual Assaults and Other Abuse
Our source advises that approximately 80% of the correctional officers employed at CCF and SCF are male. 2J Reportedly, most of the guards were formerly employed at male prisons and have received no training on the issue of crossgender supervision since their employment at the women facilities. Moreover, male guards are reportedly on duty in sole control of the female prisoners in all areas of the housing units, including shower and toilet areas. Indeed, there are reportedly no management practices in effect to limit the risks of sexual assaults by male correctional officers on female prisoners.
We have received numerous allegations that the prisoners at CCF and SCF are sexually assaulted by correctional officers. In one instance, a prisoner was allegedly raped by an officer while he was in her room conducting a shakedown. 3/ After the prisoner made her allegations, the officer reportedly admitted to the State Police to having had sexual intercourse with the prisoner. 4/ In another instance, a prisoner was allegedly coerced and forced to perform oral sex and to engage in sexual intercourse with a correctional officer. 5_/ The officer continued to rape the prisoner throughout a nine month period.
1J Senate Committee Probes Sex Abuse at Women's Prisons, United Press International Wire Service, Jan. 6, 1993.
2/ Telephone Interview with Deborah LaBelle, Esg. (Feb. 23, 1994); Telephone Interview with Patrick Priest, Esq. (Mar. 9, 1994); Telephone Interview with Serena Gordon, (Mar. 9, 1994); Telephone Interview with JaDonna Young (Mar. 10, 1994).
3/ Ann Sweeney, Sexual Assaults Reported in Michigan Women's Prisons, The Detroit News, Jan. 6, 1993.
4/ Id.; Internal Memorandum to Clayton D. Burch, State of Michigan Ombudsman from Christopher O. Olden, Field Investigator, Re; Scott Correctional Facility Overfamiliaritv with Prisoners, Oct. 5, 1992.
5/ Barker, Stacy vs. Michigan Dept. of Corrections, No. 93306063 (Mich, filed Feb. 26, 1993).

- 3Reportedly, the deputy would enter the prisoner's locked cell during the night. The assaulting guard, as well as other supervising guards, allegedly threatened the prisoner with loss of privileges if she reported the assaults. 6/ In another instance, a prisoner was raped by a correctional officer during the night. 2/ Reportedly, the officer continued to rape the prisoner throughout a one month period. In still another instance, a prisoner alleges that she had consensual sex with an officer, who then boasted to her of affairs with 13 other female prisoners. 8/ Our sources indicate that significant problems of this nature continue to date.
Some of the sexual assaults have resulted in pregnancies. Indeed, while neither CCF nor SCF allows conjugal visits, 25 prisoners are, or have become, pregnant in the past year. 9/
Additionally, it is alleged that guards at CCF and SCF routinely sexually assault prisoners under the guise of security checks. Guards routinely conduct full-hand searches rather than "brush-touch" security checks of breast and genital areas of the prisoners. 10/ Indeed, guards routinely watch prisoners during their showers and subsequently conduct "security checks", including full-hand searches, immediately after the prisoners'
6/ Id.
2/ Billups-Hein, Charlene vs. Michigan Dept. of Corrections. No. 93-306062 (Mich, filed Feb. 26, 1993).
8/ Ann Sweeney, Sexual Assaults Reported in Michigan Women's Prisonsf The Detroit Kews, Jan. 6, 1993.
9/ Telephone Interview with Deborah LaBelle, Esq. (Mar. 14, 1994) .
10/ Telephone Interview with Deborah LaBelle, Esq. (Feb. 23, 1994); Telephone Interview with Serena Gordon (Mar. 9, 1994); Telephone Interview with JaDonna Young, (Mar. 10, 1994).

- 4-
showers. 11/ Prisoners that object to such searches are cited for refusal to comply with a direct order. 12/
In addition to the sexual assault allegations, we have received numerous allegations involving practices of "overfamiliarity" by the correctional officers towards the prisoners at CCF and SCF.
Between 1989 and 1992, the Department of Corrections has fired 20 officers for "over-familiarity" with prisoners at CCF and SCF. 13/ Reportedly, SCF is investigating, or has investigated over 30 allegations of over-familiarity between male correctional officers and female prisoners, from October, 1991 to May, 1993. 14/ Although twelve of these incidents have already resulted in disciplinary action, problems of overfamiliarity continue to exist. 15/
Allegations of over-familiarity include reports of goods, such as nail polish and cigarettes, being exchanged for sex, sexually explicit letters written by officers to prisoners, money placed in prisoners1 accounts by officers, and improper phone calls placed by guards to the residences of prisoners' families. 16/ Moreover, it is alleged that 10 guards held a wild "coming
11/ Caselaw supports the proposition that such cross-gender body searches of female prisoners constitute "infliction of pain" for purposes of an Eighth Amendment analysis. Jordan v. Gardner, 986 F.2d 1521, 1526 (9th Cir. 1993); also see Ellison v. Brady. 924 F.2d 872, 879 (9th Cir. 1991), a Title VII discrimination case in which the court concluded that because women are disproportionately victims of rape and sexual assaults, women have a stronger incentive to be concerned with sexual behavior.
12/ Telephone Interview with Deborah LaBelle, Esq. (Feb. 23, 1994) ; Telephone Interview with Serena Gordon, (Mar. 9, 1994).
13/ Eric Freedman, State Prison Officials Vow Not to Tolerate Abuse of Inmates, The Detroit News, Jan. 8, 1993.
14/ Defendants1 Response to Interrogatories propounded by Plaintiff in Billups-Hein v. Michigan Dept of Corrections, No. 93-206062 (filed Feb. 26, 1993), Defendants' Response to Interrogatory No. 4.
15/ Id.; Telephone Interview with Deborah LaBelle, Esq. (Mar. 14, 1994).
16/ Eric Freedman, State Prison Officials Vow Not to Tolerate Abuse of Inmates, The Detroit News, Jan. 8, JL993; Defendants' Response to Interrogatories propounded by Plaintiff in Billups-
(continued...)

- 5-
out" party in a bar for one prisoner when she was released from prison, allegedly indicating an over-familiar relationship during the prisoner's incarceration. 17/
Due Process
Reportedly, CCF and SCF fail to afford prisoners due process. Prisoner grievances are routinely rejected as improper and without merit, thus subjecting prisoners to discipline for filing a grievance without merit. 18/ Prisoners are therefore, discouraged from filing grievances. 19/
Prisoners are particularly discouraged from filing grievances against the guards. Such a grievance, if found without merit, is deemed interference with administration, a major misconduct resulting in a loss of good time. 20/ Significantly, grievances against guards which allege sexual assaults are routinely viewed as questions of credibility, one in which the guard's credibility outweighs that of the prisoner.
Prisoners are further discouraged from filing grievances against guards because no steps are taken to provide protection from the guard once a prisoner has filed the grievance. 21/ In one instance, a prisoner who filed a grievance reporting that she was raped by a specific correctional officer was chastised by prison officials and told to leave the officer alone. Subsequently, the guard, who was aware of the grievance filed against him, was allowed to continue to solely guard the housing area where the grievant prisoner lived. 22/
16/(...continued) hein v. Michigan Dept of Corrections, Defendants' Response to Interrogatory No. 4.
17/ Eric Freedman, State Prison Officials Vow Not to Tolerate Abuse of Inmates, The Detroit News, Jan. 8, 1993.
18/ Telephone Interview with Deborah LaBelle, Esq. (Feb. 23, 1994).
19/ Telephone Interview with JaDonna Young (Mar. 9, 1994); Telephone Interview with Serena Gordon (Mar. 10, 1994) ; Telephone Interview with Deborah LaBelle, Esq. (Mar. 14, 1994).
20/ Telephone Interview with Deborah LaBelle, Esq. (Mar. 14, 1994) .
21/ Id.
22/ Id.

- 6-
Medical Care
Medical care provided at CCF and SCF is allegedly grossly inadequate. The decision to provide access to medical attention is at the discretion of the correctional officers. 23/ Our information indicates that prisoners are arbitrarily denied access to medical treatment entirely, or in a timely manner, on a routine basis. 24/ In one instance, a prisoner suffered blinding headaches and double vision for 14 days. 25/ One of her pupils was fixed and dilated, indicating the need for immediate, emergency medical attention. She remained in this state for 4 days and then died of a brain hemorrhage. 26/ Her repeated requests for medical attention were ignored. Another prisoner requested medical treatment for 6 months regarding rectal bleeding and rectal skin discharge. 27/ Only after enduring severe debilitating pain did she receive medical treatment. It was then discovered that the prisoner had a malignant tumor the size of a grapefruit in her colon. She is reportedly undergoing radiation treatments. 2 8/
Further, prison officials fail to properly isolate prisoners with communicable diseases. In one instance, a prisoner who believed she had TB waited several months before her request for TB testing was granted. 29/ The prisoner allegedly tested positive for TB and had developed bacteria in her colon as a result of the lack of medical attention. At no time was the prisoner properly isolated from the general population. In another instance, a prisoner housed in the general population,
23/ Telephone Interview with Hervey Jenkins, Esq. (Mar. 9, 1994); Telephone Interview with Lisa Glacier, Esq. (Mar. 14, 1994); Telephone Interview with Deborah LaBelle, Esq. (Mar. 14, 1994) .
24/ Telephone Interview with Patrick Priest, Esq. (Mar. 9, 1994) ; Telephone Interview with Serena Gordon (Mar. 9, 1994); Telephone Interview with Lisa Glacier, Esq. (Mar. 14, 1994).
25/ Telephone Interview with Serena Gordon .(Mar. 9, 1994) ; Telephone Interview with Lisa Glacier, Esq. (Mar. 14, 1994); Telephone Interview with Deborah LaBelle, Esq. (Mar. 14, 1994).
26/ Telephone Interview with Serena Gordon (Mar. 9, 1994); Telephone Interview with Lisa Glacier, Esq. (Mar. 14, 1994).
27/ Telephone Interview with Patrick Priest, Esq. (Mar. 9, 1994); Telephone Interview with Serena Gordon (Mar. 9, 1994).
28/ Id.
29/ Telephone Interview with Serena Gordon (Mar. 9, 1994).

- 7-
suffered from meningitis for nearly one week prior to receiving medical treatment and housing isolation. 30/ In yet another instance, a prisoner's request for medical attention was denied for 4 weeks. It was later discovered that the prisoner had hepatitis. Prison officials also allegedly failed to properly isolate this prisoner from the general population. 31/
Reportedly, when prisoners are granted medical attention, medical treatment and examinations are routinely performed by unqualified medical personnel. 32/ Rarely do patients receive medical treatment from a medical doctor. Moreover, medical staff reportedly routinely disregard follow-up procedures prescribed for prisoners by off-site clinics. 33/ In one instance, a prisoner who suffered a fractured elbow while in the prison failed to receive proper medical care. Prison medical staff allegedly failed to provide any medical treatment at all. The prisoner's elbow is reportedly beyond repair and the prisoner has lost the use of her arm. 34/
These allegations suggest that the staff at SCF and CCF is both indifferent to and unable to meet the serious medical needs of inmates confined at the jail.
Pre-Natal Care
We have received allegations that numerous women at CCF and SCF have suffered miscarriages as a result of the lack of prenatal care. In one instance, a prisoner who was 7 months pregnant, began bleeding and suffered severe abdominal pain. She was repeatedly told for several hours by prison medical staff that this was a normal occurrence and that she should stop bothering the guards. 35/ The prisoner suffered a
30/ Telephone Interview with Lisa Glacier, Esq. (Mar. 9, 1994).
31/ Telephone Interview with Serena Gordon (Mar. 9, 1994).
32/ Telephone Interview with Patrick Priest, Esq. (Mar. 9, 1994); Telephone Interview with Hervey Jenkins, Esq. (Mar. 10, 1994); Telephone Interview with Lisa Glacier, Esq. (Mar. 14, 1994) .
33/ Telephone Interview with Serena Gordon (Mar. 9, 1994); Telephone Interview with Deborah LaBelle, Esq. (Mar. 14, 1994); Telephone Interview with Lisa Glacier, Esq. (Mar. 14, 1994).
34/ Telephone Interview with Serena Gordon (Mar. 9, 1994); Telephone Interview with Lisa Glacier, Esq. (Mar. 14, 1994).
3_5/ Telephone Interview with Deborah LaBelle, Esq. (Mar. 14, 1994) .

- 8-

miscarriage. In another instance, a prisoner received no prenatal care at any time during her pregnancy. 3 6/ While she carried the baby full term, the baby was still-born.

Mental Health

Reportedly, CCF and SCF fail to afford prisoners proper suicide prevention and crisis intervention for serious mental illness. Allegedly, a prisoner must effectuate a suicide attempt to gain access to a psychiatrist. 37/ Moreover, housing units designated for "suicide watch" are reportedly used for general housing. 38/ Thus, suicide prone prisoners are housed among the general population. In one instance, a prisoner, diagnosed as suicidal, was double bunked in a general population cell and started a fire in an attempt to kill herself. 39/ Prison officials were required to evacuate the prisoners in the surrounding housing units for 6 hours.

Conclusion

In sum, the information obtained suggests serious, life threatening conditions at the Crane Correctional Facility and the Scott Correctional Facility. These conditions implicate the constitutional rights of prisoners confined to this facility and merit investigation. If you approve, please sign the attached notice letter.

Attachmej.~ ^ ^ ^

Approv edV-—^

Disapproved:

Comments:

r, . j

1 s i

Opt

36/ Id.
37/ Telephone Interview with Serena Gordon (Mar. 9, 1994); Telephone Interview with Deborah LaBelle (Mar. 14, 1994).
38/ Telephone Interview with Serena Gordon (Mar. 9, 1994). .39/ Id.

 
 . of** 4..««w to^ C^-Ji

U.S. Department ofr-cstice Civil Rkhts Division

fefanswr.

DC. »W<

irv c ice'
The Honorable John Engler Governor of the State of Michigan P.O. Box 30013 Lansing, Michigan 4S909
Dear Governor Engler:
I am writing to inform you of our intention to investigate conditions at the Crane Correctional Facility (CCF) in Coldwater, Michigan, and the Scott Correctional Facility (SCF) in Plymouth, Michigan. This investigation is authorized and will be conducted pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. Section 1997 et seq.
The purpose of this investigation is to determine whether there exist any violations of -the-federal constitutional rights of prisoners housed at these facilities r?r-The ^investigation will focus on, but not be limited to/.allegations that inmates confined at CCF and SCF are being subjected to unsafe and lifethreatening living conditions as a result of sexual assaults, lack of protection from harm, inadequate medical care, including mental health care, and inadequate due process.
We would like to initiate this investigation as soon as possible. In that regard, attorneys from my office will contact your staff within the next week to arrange a meeting between attorneys and representatives of your office, followed by a tour of the Crane Correctional Facility and the Scott Correctional Facility by our consultants and personnel from the United States Department of Justice, Civil Rights Division. The attorneys responsible for this matter are Shanetta Y. Brown, (202) 514-0195 and Laurie J. Weinstein, (202) 514-6408.
U.S. v. Michigan
PC-MI-008-002

I appreciate your cooperation in this matter.
Sincerely,
Deval L. Patrick Assistant Attorney General
Civil Rights Division
cc: The Honorable Frank Kelly Attorney General State of Michigan
Saul A. Green, Esquire United Spates Attorney State of Michigan, Eastern District
Michael K. Dettmer, Esquire United S-ates Attorney State of Michigan, Western District

U.S. Depurlmciil of Justice

V ''

rill,, .il lluMiir^ I'cnalit !<>• I'tivalr IKr

.lane Yukins, Warden Scot I. Correctional Facility 47500 Five Mile Road 1'Iymouth, Michigan 48170

• v

U.S. Drpnrdiu'iil of .lusliir
\\a\hwylim. IX 20S.UI
• Ml,,,i| II.m,i'" I'malU I'M I'limc Uvc Viol

Carol Howes, Warden Ciiinc CoirccLional I'aciJ iLy 3H I'unrl.li SLreeL CoidwuLcr, Michigan A9030

 
 Office of the Assistant Attorney General

U.S. Departmen c Justice Civil Rights Division
Washington, DC. 20530
March 27, 1995

Via Express Mail
The Honorable John Engler Governor State of Michigan State Capitol
Lansing, Michigan 48909
Re: Crane and Scott Correctional Centers
Dear Governor Engler: On June 9, 1 9 9 4 , w e notified y o u of our intent to
investigate allegations of sexual abuse and other violations of the constitutional rights of the 1,100 female inmates of the Crane and Scott Correctional facilities (hereinafter "CCF" and "SCF" respectively) pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, et seq. Through counsel, state officials refused to grant access to the facilities by our attorneys and consultants retained by the United States to assist in the conduct of this investigation. A federal court declined to grant any relief. Counsel did permit us to interview inmates during regular visiting hours in visiting room facilities but access to the physical plant as well as evaluations by consultants were never permitted. In these circumstances, we are writing to advise you of our findings, supporting facts, and recommended remedial measures.
We have concluded that various acts, practices, and other conditions at both facilities deny inmates confined there of their constitutional rights. As well, the pattern or practice of sexual abuse of women inmates by guards violates section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. § 14141).
More specifically, we find that sexual abuse of women inmates by guards, including rapes, the lack of adequate medical care, including mental health services, grossly deficient sanitation, crowding, and other threats to the physical safety and well-being of inmates violates their constitutional rights.
U.S. v. Michigan
PC-MI-008-00

- 2-
I. Sexual Assaults and Other Sexual Abuse of Inmates by Guards Threaten Their Health, Safety, and Well-being.
A. Sexual Assaults.
Both CCF and SCF exclusively house female prisoners. The total population is in excess of 1,100 women. A majority of guards are male. Inmates interviewed reported a pattern of sexual abuse by both male and female guards.
Evidence in the public domain reflects that a number of guards have been investigated by the Michigan State Police for allegedly sexually assaulting or raping women inmates at these facilities. Indeed, a number of officers have been charged with at least fourth degree criminal sexual assault. Pregnancies have resulted from some of these assaults or other sexual involvement by guards with inmates. Discovery in a private civil action alleging sexual abuse by guards of women at these prisons indicates that between 1991 and 1993, at least 20 incidents of sexual assault or serious harassment have been reported. Notwithstanding the limited access permitted us by State officials to these facilities, based upon the numerous allegations and other information we have received regarding alleged sexual abuse, we have concluded that this information reflects only a small percentage of the number of sexual assaults actually occurring at the prisons. For example, an officer matter-of-factly advised us that there is frequent sexual activity between guards and inmates.
We understand that any inmate giving birth to a child during confinement is given three weeks to obtain the agreement of a family member to take custody of the child and to provide necessary care. If an inmate is unable to secure such an agreement, parental rights are terminated. Subsequently, the child is taken away from the mother and placed in foster care or for adoption. Although, based upon presently available information, we find no constitutional defect in reported practices, the state may wish to consider initiating programs similar to those available in California and other states to foster the mother-child relationship in the best interests of the child. Pursuant to these programs, the mother and child, in appropriate cases, are placed in public or private facilities in the community away from the standard prison setting until the mother has completed her sentence. These arrangements permit the child to be breast fed and to bond with the mother, circumstances generally viewed by professionals to foster the emotional and physical development of the child. Finally, we have received an allegation that Michigan state officials revoke the parole of any woman who becomes pregnant while on parole. Such acts, if true, constitute blatant sex discrimination.

- 3-
Nearly every inmate we interviewed reported various sexually aggressive acts of guards. A number of women reported that officers routinely "corner" women in their cells or on their work details in the kitchen or laundry rooms and press their bodies against them, mocking sexual intercourse. Women described incidents where guards exposed their genitals while making sexually suggestive remarks. Finally, there were widespread allegations of a broad array of sexually suggestive comments by guards to the degree that such remarks are viewed as routine and of no consequence. Similar allegations were made with respect to verbal abuse.
During our interviews of inmates, we were struck by their almost universal fear of retaliation and the coercive nature of the prison environment which they described. Many sexual relationships appear to-be unreported due to the presently widespread fear of retaliation and vulnerability felt by these women. As well, the apparent view by many supervisors that these sexual relationships are consensual, despite the power and control held by guards, contributes to the reluctance of women to report various sexual assaults and other incidents. Women repeatedly expressed fear that reporting a sexual assault would result in a major misconduct report and a delay in their parole. In these circumstances, inmates do not report all the sexual assaults, harassment, and other sexually abusive incidents which appear to be commonplace at both prisons.
B. Pat-down Searches of Women Inmates are Unduly Intrusive, Constitute Sexual Abuse, and Unjustified Invasions of Privacy.
CCF and SCF officers abuse women inmates during pat-down searches by routinely touching all parts of the woman's body, including fondling and squeezing their breasts, buttocks, and genital areas in ways not justified by legitimate security needs. Indeed, we note that many searches are conducted after women have dressed in their nightgowns in the evening.
We also received numerous allegations that women with larger breasts, individuals who resist sexual liaison with guards, and those perceived by officers as "weak" are consistently subjected to unduly invasive pat-down searches not justified by any legitimate security concern. Indeed, officers have "quotas" for such searches. Such quotas may serve to increase the number of unnecessary pat-down searches and exacerbate both opportunities for and actual sexual abuse. We have concluded that pat-down searches in the manner and circumstances described above violate the constitutional rights of inmates.
C. Improper Visual Surveillance.
Numerous women inmates reported improper visual surveillance of women by guards. Officers routinely stand outside the cells

- 4-
of individual prisoners and watch them dress or undress, stand in the shower areas and observe showers and use of toilet facilities. Male maintenance workers stand and watch women inmates who are naked or in various states of undress as well -- all on a regular basis without legitimate need. Although some degree of surveillance is necessary to ensure reasonable security, the degree and kind of surveillance employed by many guards at these facilities goes well beyond legitimate security needs. We are unaware of any effort to accommodate the legitimate privacy interests of inmates.
D. Urinalysis Procedures.
The prisoners at CCF and SCF are routinely subjected to urinalysis to determine drug usage. Women at SCF are required to strip naked and urinate into a cup while an officer bends down in front of the prisoner, placing her face only inches from the crotch area. When numerous women are to be tested, the procedure is conducted in the shower area, where, due to lack of proper sanitation procedures, women are required to stand barefoot in the urine of other women. Finally, several women indicated that the urine samples are not properly safeguarded and specimens are left unattended in an area accessible to both inmates and officers. Lack of security in this area calls the results of such tests unnecessarily into question. These procedures require substantial modification.
II. Recommended Remedies for Sexual Assaults and Abuse.
A. All sexual assaults and other sexual abuse must be eliminated immediately. Standards must be developed defining all prohibited behaviors. Policies and procedures must be developed to require the reporting of any suspected sexual abuse, the conduct of a full, impartial investigation of all such incidents in a complete and timely manner, including any findings in writing, and the imposition of appropriate discipline, including termination, of any employee found to have engaged in sexual abuse. No inmate may be disciplined for reporting alleged sexual abuse.
B. Sexual contact between guards and inmates should be strictly prohibited. Other remedies may include steps to identify the paternity of any child born to an inmate during confinement where there is any allegation that impregnation took place during confinement by a guard; identified fathers to pay child support; such payments to be deducted from their salaries.
C. The practice of revoking paroles of women who become pregnant while on parole must cease.
D. Pat-down searches must be conducted in a professional manner and shall be no more intrusive than necessary to ensure

- 5-
appropriate security. Standards must be developed to govern the conduct of pat-down searches and they shall be conducted only when justified by reasonable security interests.
E. Surveillance and observation practices shall fully comport with professional standards. Guards, individual maintenance workers, and other visitors shall not be permitted to stand and watch inmates while naked, showering, or using toilet facilities. All surveillance practices shall be limited to those reasonably justified to ensure security. Reasonable accommodations must be made to protect the legitimate privacy interests of inmates.
F. Urinalysis shall be conducted consistent with professional standards in a manner that does not degrade prisoners and is fully consistent with health and sanitation standards.
G. A comprehensive, professionally-based training program shall be established and implemented to train guards with respect to professional behavior and conduct in the administration of a correctional facility for women. Such training shall include, but not be limited to, education regarding sexual abuse and harassment, procedures for the reporting and investigation of suspected sexual abuse, disciplinary procedures and penalties, surveillance of women prisoners, and other aspects of prisoner administration which present opportunities for the potential sexual abuse of women. Women should be provided training programs to fully acquaint them with prohibited sexual harassment and abuse.
III. Presence of Illicit Drugs.
We received numerous allegations that illegal drugs are available at both facilities in exchange for either sex or cash. Many women alleged that the source of the drugs is correctional staff. In view of the secure nature of the facility, this allegation appears serious.
IV. Recommended Measures to Eliminate the Presence of Illegal Drugs.
The presence of illegal drugs in the prison facilities and their sale for either cash or sex must be eliminated.
V. Violence.
Although significant violence in correctional facilities for women is infrequent, CCF and SCF appear to be exceptions to this general rule. Numerous women reported that violent assaults between women prisoners occur at both facilities at an alarming frequency. Guards do not routinely conduct rounds and there are

- 6-
other allegations that some guards do not intervene to stop various assaults and other incidents which they observe.
Crowded conditions also serve to exacerbate tensions and promote unnecessary violence. Housing units, recreational areas, and dayrooms are all unduly crowded.
VI. Recommended Measures to Eliminate Violence.
Security and supervision of inmates must be significantly enhanced by increasing the number of qualified officers and other security personnel to reduce violence and otherwise ensure the reasonable safety of prisoners. Gross overcrowding must be promptly eliminated.
VII. Medical Care is Grossly Deficient and Fails to Meet the Serious Needs of Inmates.
A. Access to Medical Care.
The complaint voiced most often by inmates was their inability to get medical care to meet their needs. CCF and SCF use a "kite" system by which inmates request medical attention. No medical personnel affiliated with the medical units makes rounds in the housing areas. Indeed, we were advised that there are no mailboxes in the housing units where inmates can deposit their kites confidentially.
Kites are generally not responded to, if at all, in a timely manner. Routinely, the inmates are told several weeks after filing a kite that an "appointment has been scheduled" to see a nurse. If the nurse determines that the inmate needs to see a doctor, an appointment is made for this purpose still several more weeks later.
We received complaints that some inmates who appear to have legitimate medical problems submitted kites and have never received any response. For example, one inmate who complained of bleeding following a gynecological procedure had submitted kites requesting medical attention for the last six months but had, as of the date of our interview, never been placed on sick call. Yet other inmates have failed to receive any timely response. For example, one inmate filed kites for six months regarding a lump in her breast. Finally, there is no system in place to respond to medical emergencies. Indeed, we were advised that there have even been occasions where staff from a medical unit refused to come to housing areas to address genuine medical emergencies. Their response is reported to have been that a kite must be submitted.
As well, inmates who finally get to see a nurse frequently never see a doctor. Unqualified nurses are assigned to diagnose

- 7-
and treat medical problems. In addition, correctional officers frequently explain inmate symptoms to nurses by telephone. The nurse, absent any examination, prescribes treatments.
Lack of access to medical care seriously threatens the health and well-being of inmates.
B. Medical Care Delivery System is Inadequate.
The failure to provide adequate medical care has resulted in harm to inmates. One prisoner who complained of chest pains for hours was finally seen by a nurse who advised the inmate to return to her cell and lie down. The diagnosis was apparently stomach gas. She was not examined and even her vital signs were not taken. She was found dead in her cell two hours later. Another inmate who was six months pregnant complained of severe cramping and heavy bleeding. A nurse refused to come to her housing unit or to have her brought to the medical unit. Several hours later the inmate's still born baby arrived. Yet another inmate hemorrhaged for two days before she was sent to a hospital for surgery.
Inmates with specialized medical needs also fail to receive adequate care. CCF and SCF fail to afford inmates adequate evaluations and ongoing monitoring of asthma, seizure disorders, high blood pressure, diabetes, and AIDS. Insulin dependent inmates reported that the medical unit consistently fails to monitor their blood sugar levels. One inmate advised us that her levels had not been checked for over six weeks. As well, special diets are not afforded as necessary. One inmate with high cholesterol and high blood pressure requested a special diet. It was not afforded. This woman later suffered a major heart attack. Many women reported that prisoners with tuberculosis and in acute stages of AIDS were not separated from other prisoners. Finally, medication practices are grossly deficient. Medications are improperly prescribed and inappropriately administered on a consistent basis. Medications are routinely prescribed absent any professional medical examination. Indeed, deficiencies in medication administration are so serious that inmates are given the wrong medication. A pregnant inmate was given psychotropic medication instead of a vitamin on at least four occasions.
Medical specialty consultations are inadequate. Inmates in need of specialty consultations do not receive them at all or on a timely basis. Moreover, when they are received there is no followup to see that the specialist's recommendations are followed or fully implemented. In a particularly egregious case, we understand that one inmate, following surgery for a tumor, is still changing the dressing on her leg which has not healed and has swollen to four times its normal size -- yet no specialist has examined this inmate. Another inmate was required to wait several months to see a neurologist for severe headaches

— 8—
following the birth of a child. Finally, dental services are grossly inadequate.
Medical recordkeeping fails to comport with generally accepted professional standards. Records are not accurate and are not used by medical professionals in making judgments with respect to medical care for individual inmates. Many prisoners indicated that when they were seen by medical staff, the staff was unaware of their medical history. In addition, numerous prisoners told us that they were not advised of the results of their medical tests or even their medical diagnosis. Indeed, several prisoners have filed state freedom of information requests to obtain information from their own medical records.
Medical care at CCF and SCF fails to meet any known acceptable medical standards and is totally deficient.
C. Mental Health Care is Dangerously Inadequate.
CCF and SCF fail to provide adequate mental health care to inmates. Mental health care is so grossly deficient that there is no real attempt to provide mental health services. Psychiatrists routinely prescribe medication for all mental health complaints -- inmates are told to simply "sleep it off."
In a very disturbing incident, it is alleged that staff failed to intervene to avert an inmate's successful suicide attempt even as other women screamed for assistance. Apparently the housing officer reported that she would look into the matter during her next round in the housing area. By then the inmate was dead by hanging. Moreover, it is reported that inmates who indicate that they are suicidal are not taken seriously or are placed in punitive segregation. Finally, disturbed inmates are maintained in the general population without adequate supervision.
The lack of adequate mental health services is unacceptable and jeopardizes the health and safety of inmates.
D. Lack of Adequate Staffing Results in Inadequate Medical Services.
Medical staffing at CCF and SCF is deficient at all levels. SCF has no full-time physician and has not had one for a protracted period of time. There are insufficient nurses, psychiatrists and medical specialists. In addition, many of the present staff appear not to be adequately trained or able to perform their professional responsibilities.

- 9-
VIII. Recommended Measures to Afford Adequate Medical and Mental Health Care.
A. Develop and update medical care delivery system. Reorganize, staff, and otherwise professionalize the delivery of medical and mental health services. Adopt a system of access to medical services which results in the timely delivery of needed medical services and affords emergency, acute, chronic, and routine medical care on a professional basis. Prioritize improvements in the care afforded to pregnant women.
B. Prohibit the involvement of correctional guards in all areas of the provision of medical care; ensure that appropriate professionals triage inmates in need of care on a basis which fully comports with generally accepted medical standards.
C. Ensure the provision of appropriate medical specialty services.
D. Develop a mental health care delivery system consistent with the requirements of paragraph 1, above. Ensure that suicidal inmates are properly cared for and supervised; prohibit the placement of suicidal inmates in segregation units; ensure that psychiatric services comport with generally accepted mental health standards.
E. Immediately provide adequate medical coverage and significantly improve medical staffing in all areas.
IX. The Prisons Have Unsanitary Conditions Which Pose a Direct Threat to the Health of Prisoners.
A. General Sanitation.
The general state of sanitation in both prisons is grossly inadequate. Pest control is poor and ineffective as roaches and rodents are ubiquitous throughout the facilities, including cooking and dining areas. At CCF flies are particularly rampant.
Air circulation and ventilation are inadequate as well. Air is stagnant and full of stale cigarette smoke. Further, both facilities lack adequate and sanitary facilities for drinking water. Administrators at CCF have issued memoranda advising inmates not to drink the water and require pregnant inmates to drink only bottled water. Other prisoners are required to purchase bottled water - - o r drink the water administrators apparently have found unsafe.
These conditions violate constitutional standards.

- 10 -
B. Cell Sanitation and Crowding.
Cell sanitation in both facilities is extremely poor and prison officials fail to provide inmates with materials necessary to clean their cells. Numerous prisoners reported that their cells, shower, and toilet areas smell "like a sewer."
Plumbing is likewise deficient and requires substantial repair. Lavatories and showers are in a state of disrepair and lack adequate hot and cold water. The number of showers and toilets is inadequate to meet the needs of prisoners. At CCF, over 50 women use two showers and only five toilets. At SCF, over 90 women use four showers and eight toilets. These facilities are inadequate.
C. Food Sanitation Practices.
Food preparation facilities and sanitation practices represent a threat to the health of inmates. There is rampant roach infestation in all dining and food preparation areas and, in general, they are filthy as well. It is reported that SCF has been cited by the State Health Department for failing to meet appropriate health standards. Further, it is alleged that the facilities do not prepare a sufficient amount of food to serve to inmates and that the food listed on the menu is rarely served to all inmates. Finally, laundry sanitation practices are deficient.
X. Recommended Remedies to Ensure Appropriate Sanitation Throughout the Facilities.
A. Clean both facilities to ensure compliance with health and safety standards; eradicate vermin and implement an effective pest control program; and implement an effective preventive maintenance program.
B. Clean all cells; provide supplies to inmates to maintain general cleanliness of cells; provide adequate hot and cold water; renovate facilities to provide additional toilets, showers, and other such facilities for use of inmates; improve laundry facilities.
C. Clean all kitchen and dining areas and ensure that all aspects of food preparation, serving, and storage fully comport with generally recognized health standards.
XI. Systematic Denials of Due Process.
Numerous inmates reported that they are routinely subjected to summary punishment. Such punishments range from placement in disciplinary segregation to the issuance of misconduct "tickets."

- 11 -
Officers are able unilaterally to issue such tickets which are of significance because of their impact in, inter alia, denying parole. Such procedures violate fundamental notions of due process. See, e.g., Wolff v. McDonnell, 418 U.S. 539, 555-6. (1994) .
We note that several pieces of our legal correspondence addressed to inmates have been returned to us apparently opened by institutional administrators. Since the mail was returned because no inmate number was listed on the envelope, it appears this legal correspondence was opened outside the presence of the inmate. These acts are illegal and should be prohibited. Legal mail may only be opened in the presence of the inmate to whom it is addressed.
As well, inmates appeared to have little confidence in the grievance system presently in effect in the facilities. Inmates are required to attempt to informally resolve problems prior to filing a grievance. This means that the inmate must of necessity confront the officer allegedly involved. This requirement has the purpose, intent or effect of intimidating the inmates and discouraging the filing of grievances. Many inmates who actually file grievances never receive a response.
Finally, we were profoundly disturbed to be informed that various prisoners have received written reprimands for various acts labeled "damage to state property." For example, prisoners who become sunburned have been rebuked for damaging state property. It is reported that one prisoner who at Halloween painted a small cobweb on her face was likewise cited for damaging state property. These allegations speak for themselves.
XII. Recommended Remedies to Afford Due Process.
A. Disciplinary practices must comport with constitutional standards; present practices must be modified to reflect currently accepted professional standards; prohibit any disciplinary practice which equates an inmate with state property.
B. Institute an objective and reasonable grievance system.
Pursuant to CRIPA, the Attorney General may institute a lawsuit to correct deficiencies of the kind identified in this letter 49 days after appropriate officials have been notified of them. 42 U.S.C. § 1997b (a)(1). Due to the limited access you granted our representatives to examine the very serious allegations which are the focus of this investigation and the complete denial of access for consultants in corrections, these findings have been made without the kind of comprehensive on-site review contemplated by CRIPA. In view of this intentional lack of cooperation by Michigan state officials, we have, of

- 12 -
necessity, drawn negative inferences from the limited information we were aisle to obtain in these circumstances. I urge you to take the issues and findings raised here seriously and to respond promptly.
Although I regret that we have begun to work with each other in this matter on this basis, I hope and trust that in the future we can resolve these issues in a cooperative manner.
Deval L. Patrick Assistant Attorney General
Civil Rights Division
cc. The Honorable Frank Kelley Attorney General State of Michigan
The Honorable David Edick Assistant Attorney General State of Michigan
Ms. Joan Yukins Warden Scott Correctional Facility
Ms. Sally Langley Warden Crane Correctional Facility
Saul A. Green, Esq. United States Attorney Eastern District of Michigan
Michael H. Dettmer, Esq. United States Attorney Western District of Michigan

 
 Mtpwctmtut of

FOR IMMEDIATE RELEASE MONDAY, MARCH 10, 1997

CR (202) 616-2765 TDD (202) 514-1888

JUSTICE DEPARTMENT SUES MICHIGAN OVER CONDITIONS

AT WOMEN'S PRISONS

WASHINGTON, D.C. — The Justice Department today filed suit

against the state of Michigan to ensure that female inmates at

the state's women's prisons are protected from rapes and sexual

assaults by prison guards and staff.

The Department today also brought a similar action against

Arizona over conditions at its state-run women's prisons.

The Michigan lawsuit, filed in U.S. District Court in

Detroit, alleges that inmates at the Scott and Crane correctional

facilities have been subjected to sexual misconduct, unlawful

invasions of privacy, and have received inadequate medical and

mental health care.

"No one should be exposed to the risk of sexual assault

under any circumstances," said Isabelle Katz Pinzler, Acting

Assistant Attorney General for Civil Rights.

The suit was brought under the Civil Rights of

Institutionalized Persons Act (CRIPA), enacted in 1980 to protect

the rights of people housed in state and local government

institutions, including prisons. Under the law, the Justice

(MORE)
U.S. v. Michigan
IllilllllUlI PC-MI-008-005

- 2-

Department has the authority to investigate institutions to

ensure that conditions at the facilities meet constitutional

standards.

The Department began looking at the Michigan prisons, which

together house more than 1,200 inmates, in June 1994 after

receiving complaints about alleged misconduct by staff. The

state refused to allow the Department access to the prisons to

conduct an investigation, and has failed to negotiate with the

Department to resolve the allegations.

"As in all cases, we had hoped to resolve this matter short

of litigation," added Pinzler.

The suit seeks a court order requiring the state to:

• protect women inmates from rapes, sexual assaults, and

other improper sexual contact by staff;

• ensure that inmates and staff do not engage in sexual

relations;

• ensure that women inmates are not viewed in a prurient

manner when showering, changing, and using the toilet

facilities;

• provide inmates with adequate medical care, including

access to care for serious needs; and,

• provide adequate mental health care.

In March of 1995, the Department issued a letter detailing

its findings of sexual misconduct and proposed remedies.

97-103

# ##