Case: 2:16-cv-10842 As of: 01/18/2020 04:34 PM EST 1 of 2
U.S. District Court Eastern District of Michigan (Detroit) CIVIL DOCKET FOR CASE #: 2:16−cv−10842−AC−SDD

CLOSED

Long et al v. Pickell Assigned to: District Judge Avern Cohn Referred to: Magistrate Judge Stephanie Dawkins DavisM Cause: 28:1343 Violation of Civil Rights
Plaintiff

Date Filed: 03/08/2016 Date Terminated: 06/23/2016 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Douglas Long

represented by Daniel E. Manville Civil Rights Clinic 610 Abbot East Lansing, MI 48823 51−336−8088, x1137 Fax: 517−336−0646 Email: daniel.manville@law.msu.edu ATTORNEY TO BE NOTICED

Plaintiff Renee Hodges

represented by Daniel E. Manville (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Naomi Anthony

represented by Daniel E. Manville (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Robert J. Pickell

represented by Celeste D. Bell Genesee County Corporation Counsel 1101 Beech Street Room 317 Flint, MI 48502 810−257−3050 Email: cbell@co.genesee.mi.us ATTORNEY TO BE NOTICED

Date Filed 03/08/2016
03/09/2016 03/09/2016
03/11/2016

# Docket Text
1 COMPLAINT filed by All Plaintiffs against Robert J. Pickell. Plaintiff requests summons issued. Receipt No: 0645−5589051 − Fee: &#036 400. County of 1st Plaintiff: Genesee − County Where Action Arose: Genesee − County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): None] (Manville, Daniel) (Entered: 03/08/2016)
2 SUMMONS Issued for *Robert J. Pickell* (DWor) (Entered: 03/09/2016)
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DWor) (Entered: 03/09/2016)
3 CERTIFICATE of Service/Summons Returned Executed. Robert J. Pickell served on 3/11/2016, answer due 4/1/2016. (Manville, Daniel) (Entered: 03/11/2016)

Case: 2:16-cv-10842 As of: 01/18/2020 04:34 PM EST 2 of 2

04/06/2016 04/06/2016
04/07/2016 05/17/2016 05/19/2016 05/24/2016 06/01/2016 06/18/2016 06/23/2016

4 AMENDED 1 Complaint,, by Naomi Anthony (Manville, Daniel)[DOCKET ERROR − WRONG EVENT USED] Modified on 4/6/2016 (Ahmed, N). (Entered: 04/06/2016)
NOTICE of Error directed to: Daniel E. Manville re 4 Amended Document. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (Ahmed, N) (Entered: 04/06/2016)
Addition of Parties to CM/ECF: Plaintiff Naomi Anthony. Reason: The party was incorrectly added to CM/ECF when e−filing 1 Complaint,, (Manville, Daniel) (Entered: 04/07/2016)
5 MOTION re 3 Certificate of Service/Summons Returned Executed, 1 Complaint,, Entry of Default by All Plaintiffs. (Manville, Daniel) (Entered: 05/17/2016)
6 MOTION to Withdraw 5 MOTION re 3 Certificate of Service/Summons Returned Executed, 1 Complaint,, Entry of Default by All Plaintiffs. (Manville, Daniel) (Entered: 05/19/2016)
7 ORDER Withdrawing Default re 5 MOTION for Entry of Default. Signed by District Judge Avern Cohn. (JOwe) (Entered: 05/24/2016)
8 NOTICE of Appearance by Celeste D. Bell on behalf of All Defendants. (Bell, Celeste) (Entered: 06/01/2016)
9 MOTION for Order for Entry of Consent Decree by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Consent Decree) (Manville, Daniel) (Entered: 06/18/2016)
10 CONSENT DECREE Signed by District Judge Avern Cohn. (MVer) (Entered: 06/23/2016)

 
 Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.1 Page 1 of 11

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

DOUGLAS LONG and RENEE HODGES, individually, and on behalf of all other similarly situated Genesee County Jail Detainees,

Plaintiffs,

vs.
ROBERT J. PICKELL, Sheriff, Genesee County Jail; sued in his Official capacities,

Case No. Hon.

Defendant. __________________________________/

COMPLAINT FOR CLASS CERTIFICATION AND FOR DECLARATORY AND INJUNCTIVE RELIEF

Parties

1. Plaintiff DOUGLAS LONG (hereafter Long) at all times relevant

is/was a prisoner with the Genesee County Jail (hereafter Jail) who has been and is

currently being subjected to the toxic water in violation of the the Fourteenth and

Eighth Amendments.

2. Plaintiff RENEE HODGES (hereafter Hodges) is/was at all times

relevant a person confined at the Jail who has been and is currently being subjected

1

Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.2 Page 2 of 11
to tosic water the Flint City in violation of the Fourteenth and Eighth Amendments. Hodges is currently 15 weeks pregnant.
3. Defendant ROBER J. PICKELL, Sheriff (hereafter Pickell) is/was at all times relevant was the Sheriff of the Genesee County Jail. He is being sued in his official capacity and was at all times acting under color of state law. He is responsible for the overall operation of the Jail, which includes providing of clean and safe water for consumption, bathing and food preparation for those confined at the Jail.
Jurisdiction 4. This Court has jurisdiction over this case pursuant to 42 U.S.C. Sec. 1331 and 1343; 28 U.S.C. Sec. 2201; and Federal Rules of Civil Procedure 57 and 65. This action is brought pursuant to 42 U.S.C. Sec. 1983.
Class Allegations 5. The named Plaintiffs intend to proceed, pursuant to Fed. R. Civ. P. 23, on behalf of all other persons similarly situated in obtaining declaratory relief and an injunction against the Defendant as to the present policies and/or practices of denying and delaying the provision of clean and safe water for personal consumption by the detainees, for use in showering by the detainees, and for use in cooking and baking of food for consumption by the detainees.
2

Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.3 Page 3 of 11
6. The named Plaintiffs and the proposed classes are claiming that the Defendant has created systemic deficiencies in the providing of safe and clean water to the detainees. The present and future detainees subjected to this unsafe water that will impact negatively health impacts as a result of Defendant’s deficiencies in violation of the Fourteenth and Eighth Amendments.
7. Faced with overwhelming evidence that the water was unsafe to drink and was a source of lead poisoning for children of Flint and other vulnerable persons, Genesee County Health Officials, on October 1, 2015, issued a public health emergency on October 1, 2015 and advised Flint residents not to drink the tap water.
8. In sprite of this declared public health emergency, Defendant provided Plaintiffs and the proposed class members 9 days worth of bottled water throughout the months of October, November and December of 2015. After Defendant discontinued providing bottled water, detainees within the Jail were required to drink, shower, and consume good prepared with the toxic tap water.
9. Because Defendant’s policy choice to discontinue providing bottled water, the named Plaintiffs and the proposed class members have been and will likely be subjected to toxic water provided to the City of Flint including the toxic substance contained in that water.
3

Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.4 Page 4 of 11
10. The Defendant is directly responsible for the care of the named Plaintiffs, and the proposed class members, and these individuals will or have suffered as a result of the Defendant’s failures to provide safe water enumerated in this complaint.
11. Because Plaintiffs and the proposed class members have no choice but to consume and bathe in toxic water provided to the City of Flint, these conditions violate the Eighth and Fourteenth Amendments. The Defendant is directly responsible for subjecting the named Plaintiffs and the proposed class member to the unconstitutional conditions of being forced to consume and use toxic water provided by the City of Flint.
12. The Defendant is directly responsible for designating what water is provided to prisoners confined at the Jail, and are directly responsible for the care of the named Plaintiffs and the proposed class members, who have all suffered, and will suffer, as a result of the failures enumerated in this complaint.
13. The Defendant has known from at least April of 2014 that the water being provided to those confined at the Genesee County Jail contained toxic substances that were likely to adversely affect the health of those confined at the Jail.
4

Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.5 Page 5 of 11
14. The Defendant refused to replace this toxic water being provided to the Jail with safe water for drinking, hygiene purposes and cooking food to be provided to those confined solely for fiscal reasons.
15. The proposed class is composed of all past, present and future detainees who have or will consume, bathe in, and eat food prepared at the jail using the toxic water from the City of Flint, in violation of the Fourteenth and Eighth Amendments.
16. Plaintiffs seek certification of one class consisting of all persons confined presently and in the future at the Genesee County Jail.
17. The maintenance of the instant action as a class action will be superior to individual litigation by promoting convenient and efficient administration of justice.
18. By requiring the named Plaintiffs and the proposed class members to bathe in and consume the toxic water, Defendant has subjected the named Plaintiffs and the proposed class members to deliberate indifference.
19. The proposed class of prisoners similarly situated to the named Plaintiffs is so numerous, it is impractical to list or bring all members before the court. On information and belief, there are approximately 500 individuals confined at the Jail at any one time, if not more, who are class members similarly situated to
5

Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.6 Page 6 of 11
the named Plaintiffs, in that, they have been required to consume water provided through the water pipes of the City of Flint. This water contains toxic substances that can adversely effect those consuming such water..
20. The named Plaintiffs and their counsel will fully and adequately represent the interests of all the members of the proposed class. Counsel Manville specializes in the area of prisoners’ rights and has litigated other class action lawsuits.
21. The nature of the right sought to be enforced by the named Plaintiffs is typical of all of the members of the proposed class because there are common questions of law and fact that predominate over questions affecting only members and common relief is sought.
Factual Allegations 22. Starting in 2014, the Defendant was aware of the toxic conditions of the water being provided to those confined at the Jail. 23. Even with the knowledge that consumption of this water by the detainees could adversely affect their medical conditions, Defendant took no steps to provide clean and safe water to those presently confined or to those confined in the future.
6

Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.7 Page 7 of 11
24. Even with the knowledge that use of the water from the City of Flint for hygiene purposes by the detainees could adversely affect their preexisting medical conditions, Defendant took no steps to provide clean and safe water to those presently confined or to those confined in the future.
25. Even with the knowledge that use of the water from the City of Flint for purposes of food preparation and consumption by the detainees could adversely affect their medical conditions, Defendant took no steps to provide clean and safe water for such food preparation, which food was then provided to those presently confined or to those confined in the future.
26. Faced	   with	   overwhelming	   evidence	   that	   the	   water	   was	   unsafe	   to	   drink	  and	  a	  source	  of	  lead	  poisoning	  for	  children	  of	  Flint	  and	  other	  vulnerable	   persons,	   Genesee	   County	   Health	   Officials,	   on	   October	   1,	   2015,	   issued	   a	   public	   health	  emergency	  advising	  Flint	  residents	  not	  to	  drink	  the	  tap	  water.
27. In October of 2015, Defendant Pickell purchased approximately $5000 of bottled water and approximately $5000 of dry food that was then provided to those confined at the Jail.
28. However, those purchases by the Defendant Pickell lasted approximately 9 days and Plaintiff Long and proposed class members were required to return to consumption of tap water provided by the City of Flint.
7

Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.8 Page 8 of 11
29. Until the beginning of January of 2016, both named Plaintiffs and the proposed class members were required to drink, to bathe in, and consume food prepared with the tap water from the City of Flint.
30. Starting in January of 2016, Defendant has been providing named Plaintiffs and the proposed class members with up to 4 bottles of water per day.
31. Defendant Pickell claims that the tap water was turned off at the Jail in January of 2016, however, this is likely not accurate. The tap water continued to be used for showers and in sinks within the Jail in January of 2016. It is unclear whether the tap water was still being used for preparation of food in January of 2016 but food was being prepared at the Jail.
32. The bottled water being provided by the Defendant is water that has been donated to the Jail.
33. There is no guarantee how long the donated water will continue to be provided to the Jail.
34. There has been no budget increase or other money allotted to the Defendant to ensure that such bottled water will continue to be provided to those confined at the Jail in the future.
8

Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.9 Page 9 of 11
35. Starting in January of 2016, the named Plaintiff and proposed class members were required to use tap water from the City of Flint. This practice continues as this lawsuit is filed.
36. Even though the Defendant haw taken minor steps to improve the water conditions at the Jail, the named Plaintiffs and proposed class members continue to be subjected to unconstitutional conditions. There is no assurance that once the donation of bottled water decreases or ceases that those confined at the Jail will not be required to return to consuming and using toxic tap water.
37. As a proximate result of Defendant’s actions or non-actions, as set forth supra, the named Plaintiffs and proposed class members may experience serious physical injuries due to their exposures to the toxic water, including but not limited to:
a. High levels of lead and copper in their bloodstreams, brains, bones and other organs;
b. Chemical induced hypertension; c. Autoimmune disorder; d. Neurological disorder, such as the “brain fog”, seizure like
convulsions, vision loss, memory loss;
9

Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.10 Page 10 of 11
e. Psychological disorders such as depression, chronic anxiety, posttraumatic stress disorder and an inability to cope with normal stress.
38. The named Plaintiffs and the proposed class members have been subjected to unconstitutional conditions in violation of the Fourteenth and Eighth Amendments.
Relief WHEREFORE, for the reasons stated above, this Court should:
A. Accept jurisdiction of this matter; B. Certify this matter as a class action; C. Declare that the rights of Plaintiffs and class members were violated by the actions or non-actions of the Defendant; D. Find that the policy of the Jail in providing of water from the Flint water system is unconstitutional because Plaintiffs and the proposed class members are subjected to water that can or will negatively affect their health. E. Issue an injunction requiring the Defendant to provide safe and clean water to all those confined presently and in the future at the Jail; to provide safe and clean water to maintain daily hygiene; and to prepare all food in water that is safe and clean. F. To award attorneys’ fees and costs;
10

Case 2:16-cv-10842-AC-SDD ECF No. 1 filed 03/08/16 PageID.11 Page 11 of 11
G. To grant any other relief that is just and equitable. Respectfully submitted: Counsel for Plaintiffs /s/ Daniel E. Manville Daniel Manville (P39731) Director, Civil Rights Clinic Lauren Dyer Dominique Augustus Ryan Fowler Clinical Law Students Michigan State University College of Law 610 Abbott Road East Lansing, Michigan 48823 (517) 336-8088, Ext. 1137 daniel.manville@law.msu.edu
11

 
 Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.15 Page 1 of 12

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

DOUGLAS LONG, RENEE HODGES, and NAOMI ANTHONY, individually, and on behalf of all other similarly situated Genesee County Jail Detainees,

Plaintiffs,

vs.
ROBERT J. PICKELL, Sheriff, Genesee County Jail; JASON GOULD, Captain, in charge of the internal working of the Genesee County Jail, sued in their official capacities,

Case No. 2016-cv-10842-AC-SDD Judge Aver Cohn. MJ Stephanie Dawkins Davis

Defendants __________________________________/

COMPLAINT FOR CLASS CERTIFICATION AND FOR DECLARATORY AND INJUNCTIVE RELIEF

Parties

1. Plaintiff DOUGLAS LONG (hereafter Long) at all times relevant

is/was a prisoner with the Genesee County Jail (hereafter Jail) who has been and is

currently being subjected to the toxic water in violation of the the Fourteenth and

Eighth Amendments.

1

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.16 Page 2 of 12
2. Plaintiff RENEE HODGES (hereafter Hodges) is/was at all times relevant a person confined at the Jail who has been and is currently being subjected to toxic water the Flint City in violation of the Fourteenth and Eighth Amendments. Hodges is currently 15 weeks pregnant.
3. Plaintiff NAOMI ANTHONY (hereafter Anthony) is/was at all times relevant a person confined at the Jail who has been and is currently being subjected to toxic water of the City of Flint in violation of the Fourteenth and Eighth Amendments. Anthony was also confined in the Jail during the months of February 2015 through July 2015. When Anthony entered the Jail in February 2015, she was one-and-a-half months pregnant. By the time Anthony left the Jail in July 2015, she was seven months pregnant. During this five-month span, Anthony’s only water source at the Jail was the toxic tap water from the City of Flint. Following her release, Anthony gave birth to a daughter who was three weeks early and underweight for reasons which her doctor was not able to identify.
4. Defendant ROBERT J. PICKELL, Sheriff (hereafter Pickell) is/was at all times relevant was the Sheriff of the Genesee County Jail. He is being sued in his official capacity and was at all times acting under color of state law. He is responsible for the overall operation of the Jail, which includes providing of clean
2

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.17 Page 3 of 12
and safe water for consumption, bathing and food preparation for those confined at the Jail.
5. Defendant JASON GOULD (hereafter Gould) was/is the Captain in charge of the internal running of the Jail. At all times he was acting under color of state law and is sued in his official capacity. He is responsible for supervising and ensuring that all Jail detainees consume, bathe, and have food prepared in clean and safe water
Jurisdiction 6. This Court has jurisdiction over this case pursuant to 42 U.S.C. Sec. 1331 and 1343; 28 U.S.C. Sec. 2201; and Federal Rules of Civil Procedure 57 and 65. This action is brought pursuant to 42 U.S.C. Sec. 1983.
Class Allegations 7. The named Plaintiffs intend to proceed, pursuant to Fed. R. Civ. P. 23, on behalf of all other persons similarly situated in obtaining declaratory relief and an injunction against these Defendants as to the present policies and/or practices of denying and delaying the provision of clean and safe water for personal consumption by the detainees, for use in showering by the detainees, and for use in cooking and baking of food for consumption by the detainees.
3

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.18 Page 4 of 12
8. The named Plaintiffs and the proposed classes are claiming that the Defendants have created systemic deficiencies in the providing of safe and clean water to the detainees. The present and future detainees subjected to this unsafe water that will impact negatively health impacts as a result of Defendants’ deficiencies in violation of the Fourteenth and Eighth Amendments.
9. Faced with overwhelming evidence that the water was unsafe to drink and was a source of lead poisoning for children of Flint and other vulnerable persons, Genesee County Health Officials, on October 1, 2015, issued a public health emergency on October 1, 2015 and advised Flint residents not to drink the tap water.
10. In sprite of this declared public health emergency, Defendants provided Plaintiffs and the proposed class members 9 days worth of bottled water throughout the months of October, November and December of 2015. After Defendants discontinued providing bottled water, detainees within the Jail were required to drink, shower, and consume good prepared with the toxic tap water.
11. Because Defendants’ policy choice to discontinue providing bottled water, the named Plaintiffs and the proposed class members have been and will likely be subjected to toxic water provided to the City of Flint including the toxic substance contained in that water.
4

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.19 Page 5 of 12
12. The Defendants are directly responsible for the care of the named Plaintiffs, and the proposed class members, and these individuals will or have suffered as a result of the Defendants’ failures to provide safe water enumerated in this complaint.
13. Because Plaintiffs and the proposed class members have no choice but to consume and bathe in toxic water provided to the City of Flint, these conditions violate the Eighth and Fourteenth Amendments. The Defendants are directly responsible for subjecting the named Plaintiffs and the proposed class member to the unconstitutional conditions of being forced to consume and use toxic water provided by the City of Flint.
14. The Defendants are directly responsible for designating what water is provided to prisoners confined at the Jail, and are directly responsible for the care of the named Plaintiffs and the proposed class members, who have all suffered, and will suffer, as a result of the failures enumerated in this complaint.
15. These Defendants have known from at least April of 2014 that the water being provided to those confined at the Genesee County Jail contained toxic substances that were likely to adversely affect the health of those confined at the Jail.
5

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.20 Page 6 of 12
16. These Defendants refused to replace this toxic water being provided to the Jail with safe water for drinking, hygiene purposes and cooking food to be provided to those confined solely for fiscal reasons.
17. The proposed class is composed of all past, present and future detainees who have or will consume, bathe in, and eat food prepared at the jail using the toxic water from the City of Flint, in violation of the Fourteenth and Eighth Amendments.
18. Plaintiffs seek certification of one class consisting of all persons confined presently and in the future at the Genesee County Jail.
19. The maintenance of the instant action as a class action will be superior to individual litigation by promoting convenient and efficient administration of justice.
20. By requiring the named Plaintiffs and the proposed class members to bathe in and consume the toxic water, Defendants have subjected the named Plaintiffs and the proposed class members to deliberate indifference.
21. The proposed class of prisoners similarly situated to the named Plaintiffs is so numerous, it is impractical to list or bring all members before the court. On information and belief, there are approximately 500 individuals confined at the Jail at any one time, if not more, who are class members similarly situated to
6

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.21 Page 7 of 12
the named Plaintiffs, in that, they have been required to consume water provided through the water pipes of the City of Flint. This water contains toxic substances that can adversely effect those consuming such water.
22. The named Plaintiffs and their counsel will fully and adequately represent the interests of all the members of the proposed class. Counsel Manville specializes in the area of prisoners’ rights and has litigated other class action lawsuits.
23. The nature of the right sought to be enforced by the named Plaintiffs is typical of all of the members of the proposed class because there are common questions of law and fact that predominate over questions affecting only members and common relief is sought.
Factual Allegations 24. Starting in 2013, and no later than, 2014, the Defendants were aware of the toxic conditions of the water being provided to those confined at the Jail. 25. Even with the knowledge that consumption of this water by the detainees could adversely affect their medical conditions, Defendants took no steps to provide clean and safe water to those presently confined or to those confined in the future.
7

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.22 Page 8 of 12
26. Even with the knowledge that use of the water from the City of Flint for hygiene purposes by the detainees could adversely affect their preexisting medical conditions, Defendants took no steps to provide clean and safe water to those presently confined or to those confined in the future.
27. Even with the knowledge that use of the water from the City of Flint for purposes of food preparation and consumption by the detainees could adversely affect their medical conditions, Defendants took no steps to provide clean and safe water for such food preparation, which food was then provided to those presently confined or to those confined in the future.
28. Faced with overwhelming evidence that the water was unsafe to drink and a source of lead poisoning for children of Flint and other vulnerable persons, Genesee County Health Officials, on October 1, 2015, issued a public health emergency advising Flint residents not to drink the tap water.
29. In October of 2015, Defendant Pickell purchased approximately $5000 of bottled water and approximately $5000 of dry food that was then provided to those confined at the Jail.
30. However, those purchases by the Defendant Pickell lasted approximately 9 days and Long and proposed class members were required to return to consumption of tap water provided by the City of Flint.
8

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.23 Page 9 of 12
31. Until the beginning of January of 2016, all three named Plaintiffs and the proposed class members were required to drink, to bathe in, and consume food prepared with the tap water from the City of Flint.
32. Starting in January of 2016, Defendants have been providing named Plaintiffs and the proposed class members with up to 4 bottles of water per day.
33. Defendant Pickell claims that the tap water was turned off at the Jail in January of 2016, however, this is likely not accurate. The tap water continued to be used for showers and in sinks within the Jail in January of 2016. It is unclear whether the tap water was still being used for preparation of food in January of 2016 but food was being prepared at the Jail.
34. The bottled water being provided by these Defendants is water that has been donated to the Jail.
35. There is no guarantee how long the donated water will continue to be provided to the Jail.
36. There has been no budget increase or other money allotted to these Defendants to ensure that such bottled water will continue to be provided to those confined at the Jail in the future.
9

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.24 Page 10 of 12
37. Starting in January of 2016, the named Plaintiffs and proposed class members were required to use tap water from the City of Flint. This practice continues as this lawsuit is filed.
38. Even though the Defendants have taken minor steps to improve the water conditions at the Jail, the named Plaintiffs and proposed class members continue to be subjected to unconstitutional conditions. There is no assurance that once the donation of bottled water decreases or ceases that those confined at the Jail will not be required to return to consuming and using toxic tap water.
39. As a proximate result of Defendants’ actions or non-actions, as set forth supra, the named Plaintiffs and proposed class members may experience serious physical injuries due to their exposures to the toxic water, including but not limited to:
a. High levels of lead and copper in their bloodstreams, brains, bones and other organs;
b. Chemical induced hypertension; c. Autoimmune disorder; d. Neurological disorder, such as the “brain fog”, seizure like
convulsions, vision loss, memory loss;
10

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.25 Page 11 of 12
e. Psychological disorders such as depression, chronic anxiety, posttraumatic stress disorder and an inability to cope with normal stress.
40. The named Plaintiffs and the proposed class members have been subjected to unconstitutional conditions in violation of the Fourteenth and Eighth Amendments.
Relief WHEREFORE, for the reasons stated above, this Court should:
A. Accept jurisdiction of this matter; B. Certify this matter as a class action; C. Declare that the rights of Plaintiffs and class members were violated by the actions or non-actions of the Defendants; D. Find that the policy of the Jail in providing of water from the Flint water system is unconstitutional because Plaintiffs and the proposed class members are subjected to water that can or will negatively affect their health. E. Issue an injunction requiring the Defendants to provide safe and clean water to all those confined presently and in the future at the Jail; to provide safe and clean water to maintain daily hygiene; and to prepare all food in water that is safe and clean. F. To award attorneys’ fees and costs;
11

Case 2:16-cv-10842-AC-SDD ECF No. 4 filed 04/06/16 PageID.26 Page 12 of 12
G. To grant any other relief that is just and equitable. Respectfully submitted: Counsel for Plaintiffs /s/ Daniel E. Manville Daniel Manville (P39731) Director, Civil Rights Clinic Lauren Dyer Dominique Augustus Ryan Fowler Clinical Law Students Michigan State University College of Law 610 Abbott Road East Lansing, Michigan 48823 (517) 336-8088, Ext. 1137 daniel.manville@law.msu.edu
12

 
 Case 2:16-cv-10842-AC-SDD ECF No. 10 filed 06/23/16 PageID.41 Page 1 of 6

~DSTATESDmTMCTCOURT
IN THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
DOUGLAS LONG, RENEE HODGES, and NAOMI ANTHONY individually,

Plaintiffs,

vs.
ROBEntTJ.PICRJBLL,Sherift Genesee County Jail, sued in his official capacity,

Case No. 4:16-cv-10842-AC-SDD Hon. Avem Cohn

Defendant
------------------------~'
CONSENT DECREE

L Background
1. This Consent Decree resolves a civil action brought by named Plaintiffs Douglas Long, Renee Hodges, and Naomi Anthony (''Plaintiffs") against Defendant, Robert J. Pickell, SheriffofGenesee County ("Defendant'').
2. In their Complaint filed March 8, 2016, Plaintiffs allege that Defendant required detainees within the Genesee County Jail ("Jail") to consume, use, and bathe in lead-contaminated water from the City ofFlint following the declaration ofa public health emergency on October 1, 201 S by Genesee County Health Officials.
3. Defendant denies the allegations that detainees have consumed leadcontaminated water because he has supplied bottled water to detainees and has prepared food using bottled water since January 2016, and has continued to do so throughout the pendency ofthis civil action.

1

---~---·

- - - - ...

-~---·

Case 2:16-cv-10842-AC-SDD ECF No. 10 filed 06/23/16 PageID.42 Page 2 of 6

4. The Plaintiffs and Defendant (collectively, "the Parties11} agree that it is in the Parties' best interests and the public interest to resolve this lawsuit on mutually agreeable tenns without further litigation. Accordingly, the Parties agree to the entry ofthis Consent Decree without trial or further adjudication ofany issues offact or law raised in the Plaintiffs' Complaint.
S. The Parties also agree that this Consent Decree shall not and does not constitute an admission of negligence, wrongdoing, or any violation of state or federal laws or regulations.·
Accordingly, the Parties hereby AGREE and the Court expressly APPROVES, ENTERS AND ADOPTS THE FOLLOWING AS THE CONSENT DECREE BETWEEN THE PARTIES:
n. Jurisdiction
6. This Court has jurisdiction over this action pursuant to 28 U.S.C Sec. 1331 and 1343; 28 U.S.C. Sec. 2201; and Federal Rules ofCivil Procedure 57 and 65. This action was brought pursuant to 42 U.S.C. Sec. 1983.
IlL Relief Requested
7. Defendant, his officers, agents, affiliates, subsidiaries, servants, employees, successors, assigns, those persons in active concert or participation with defendant, and all other persons within the scope ofFederal Rule of Civil Procedure 65, shall not require detainees held in the Jail, including Plaintiffs, to consume lead contaminated water from the City ofFlint. This includes consumption ofwater for drinking or for the preparation offood. "Lead contaminated water'' is defined in this Consent Decree as water from, the City ofFlint containing more than fifteen (1S) parts per billion of lead contaminant
8. Defendant agrees to continue providing Plaintiffs and all detainees with bottled water for drinking and will continue utilizing bottled water for food preparation for the duration ofthis Consent Decree subject to the testing procedure described below.
2

Case 2:16-cv-10842-AC-SDD ECF No. 10 filed 06/23/16 PageID.43 Page 3 of 6
9. Within 14 days ofthe effective date ofthis Consent Decree, Defendant agrees to test the water at no less than 5 locations within the Jail, including at least three locations that are inhabited by inmates, to obtain baseline test results.
lO.Following the baseline test, Defendant agrees to retest several locations, including at least three locations that are inhabited by inmates, within the Jail every 14 days for an eight (8) week period. Copies oftest results shall be e-mailed or faxed to Plaintiffs' Counsel no later than forty-eight (48) hours after the results have been received by Defendant
ll.Ifa test location tests positive for lead contamination as defined in paragraph 7 above, Defendant will take steps to clear that location of contamination, and that location will be retested every 10 days until a test result oflead contaminant levels less than fifteen (15) parts per billion is obtained.
12.Ifthe tests for all eight (8) consecutive weeks produce results oflead contaminant levels less than fifteen (15) parts per billion, Defendant may at that time provide to the Plaintiffs and other detainees water from the Flint water system for all uses. Following this eight (8) week period, the Defendant will test the water at the Jail in several locations, including at least three locations inhabited by inmates, once a month for the next ten (10) months, or until notified by the Genesee County Health Department or the State ofMichigan that the water is safe for consumption.
13.Ifat least one (1} ofDefendant's tests returns a result of lead contaminant levels greater than fifteen (15) parts per billion, Defendant will take steps to clear the affected location ofcontamination and retest. Ifa test result of lead contaminant levels less than fifteen (15) parts per billion is obtained within 10 days of the receipt ofthe lead contaminated test result, then Defendant may continue providing water from the Flint water system. If the location continues to produce a result of lead contaminant levels over fifteen (15) parts per billion at ten days, then Defendant will again provide to Plaintiffs and other detainees within the Jail bottled water and will use bottled water for food preparation. Defendant must repeat the procedure
3

-------------- ~~-

------------------------------~~---~-------

Case 2:16-cv-10842-AC-SDD ECF No. 10 filed 06/23/16

PageID.44

----------
Page 4 of 6

laid out in paragraphs 10 - 12 ofthis Consent Decree before detainees can be returned to water from the Flint water system. Plaintiffs and detainees within the Jail shall receive at least one hundred twenty-eight (128) ounces ofbottled water per day ifnot provided tap water.
14. Counsel reserves the right to visit to speak to Plaintiffs within the Jail regarding the Jail water supply for the duration ofthis Consent Decree. In the event that the current named plaintiffs are released from the Genesee County Jail, Attorney Manville reserves the right to substitute them with at least one male and one female who are detained in the Genesee County jail. The detainees who replace the named plaintiffs need to have been in the jail long enough to understand the jail practices in regards to water con~ption. Attorney Manville shall be allowed to meet with the substituted detainees as ifthey were his regular clients.
IV. Implementation and Enforcement
15. Failure by Defendant to implement any provision ofthis Consent Decree shall result in Plaintiffseeking the appropriate legal remedy to enforce this Consent Decree.
16. Ifany term ofthis Consent Decree is detennined by any court to be
unenforceable, the other terms ofthis Consent Decree shall nonetheless remain in full force and effect.
17. Plaintiffs' Counsel may review Defendant's compliance with this Consent Decree at any time. IfCounsel believes that this Consent Decree or any portion of it has been violated, it will raise its concerns with Defendant and the Parties will attempt to resolve those concerns in good faith. Plaintiff's Counsel will give Defendant thirty (30) days from the date it notifies Defendant of any breach ofthis Consent Decree to cure that breach before filing a motion for contempt or taking any other enforcement action.
18. This Consent Decree shall be binding upon Defendant, his officers, agents, affiliates, subsidiaries, servants, employees, successors, assigns, those persons in active concert or participation with Defendant, and all other persons within the scope ofFederal Rule ofCivil Procedure 65.
4

Case 2:16-cv-10842-AC-SDD ECF No. 10 filed 06/23/16 PageID.45 Page 5 of 6
19. A signatory to this document in a representative capacity for Defendant represents that he or she is authorized to bind Defendant to this Consent Decree.
20. This Consent Decree constitutes the entire agreement between Plaintiffs and Defendant on the matters raised herein. No other statement, promise, or agreement, either written or oral, made by any party or agents ofany party, that is not contained in this written Consent Decree, including its attachments, shall be enforceable.
21. This Consent Decree is not intended to remedy any other potential violations ofany other law that is not specifically addressed in this Consent Decree.
22. A copy ofthis Consent Decree or any information contained herein shall be posted in each housing unit ofthe Jail and may be made available to any person. Defendant shall provide a copy ofthis Consent Decree to any person upon request.
23.Based on the agreement ofthe Defendant to enter this Consent Decree, Plaintiffs agree to waiver any attorneys' fees or costs incurred in obtaining this Consent Decree. However, if any enforcement action is necessary to ensure compliance with this Consent Decree, Plaintiffs reserve the right to seeks attorneys' fees or costs for seeking such enforcement.
24. The effective date of this Consent Decree is the date the Court enters this Consent Decree.
25.The duration ofthis Consent Decree will be one (1) year from the effective date, or when the Genesee County Health Department or the State of Michigan declare the city water to be safe, whichever occurs first.
[SIGNATURE PAGE FOLLOWS]
5

Case 2:16-cv-10842-AC-SDD ECF No. 10 filed 06/23/16 PageID.46 Page 6 of 6

cou:~for Plaintiffs Daniel mtle (P39731) Director, Civil Rights Clinic MSU College ofLaw 610 Abbott Read East Lansing, Michigan 48823 (517) 336-8088, Ext. 1137 §laniel.manyille@lftW.msu.es{u
Approved as to fonn:

~~
Sheriff Robert P1ckell Genesee County Jail 1002 S. Saginaw St., Flint, MI 48502

SO ORDERED . Da t ed : June 23, 2016

AVERN COHN UNITED STATES DI STRICT JUDGE
6