UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

MELVIN BOWNES #172328, et al., 

 Plaintiffs, 

v 

HEIDI WASHINGTON, Director, 

Michigan Department of Corrections, & 

JONG CHOI, Dental Regional Director, 

in their official capacities, 

 Defendants. 

NO. 2:14-cv-11691 

HON. LAURIE J. MICHELSON

___________________________________________________________________ 

Daniel E. Manville (P39731) 

Director, Civil Rights Clinic 

Counsel for Plaintiffs 

648 N. Shaw Lane 

East Lansing, MI 48824 

(517) 432-6866 

Tracie Gittleman (P45176) 

Robert Gittleman (P14025) 

31731 Northwestern Hwy, Ste 101E 

Farmington Hills, MI 48334 

Michael R. Dean (P71333) 

Sara E. Trudgeon (P82155) 

Kristin M. Heyse (P64353) 

Assistant Attorneys General 

Attorneys for Defendants Heidi 

Washington & Jong Choi, DDS 

Corrections Division 

P.O. Box 30217 

Lansing, MI 48909 

(517) 335-3055 

 / 

STIPULATED ORDER APPROVING SETTLEMENT 

NOTICE AND NOTICE PLAN 

In accordance with the notice requirement imposed by Federal 

Rule of Civil Procedure 23(e)(1) for the settlement of the 

above-captioned case, Plaintiffs and Defendants jointly propose to rely 

on the following plan for notifying class members of the Parties’ 

proposed Settlement Agreement: 

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1. The MDOC will post notice of the Settlement Agreement in 

the form set forth in Exhibit A (Notice of Settlement Agreement) in 

each housing unit and law library in each of the 26 MDOC facilities, 

excluding the Detroit Detention Center. The MDOC will post the 

above-described notice no later than seven days from the date the Court 

enters this order preliminarily approving the notice. The notice will be 

posted for a period of 30 days. 

2. If, during the 30-day posting period, the notice posting is 

physically removed, inadvertently or otherwise, the MDOC will ensure 

that the notice is promptly reposted for the remainder of the period. 

IT IS SO STIPULATED. 

Dated: October 10, 2023 /s/Daniel E. Manville (w/ consent) _ 

 Daniel E. Manville (P39731) 

Counsel for Plaintiffs 

Dated: October 10, 2023 /s/ Sara E. Trudgeon _____ 

 Sara E. Trudgeon (P82155) 

Counsel for Defendants 

IT IS SO ORDERED. 

Dated: October 12, 2023 

 

 s/Laurie J. Michelson 

 LAURIE J. MICHELSON 

 UNITED STATES DISTRICT JUDGE 

Case 2:14-cv-11691-LJM-JJCG ECF No. 390, PageID.15575 Filed 10/12/23 Page 2 of 8
Exhibit A (Notice of Settlement Agreement)

Case 2:14-cv-11691-LJM-JJCG ECF No. 390, PageID.15576 Filed 10/12/23 Page 3 of 8
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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

MELVIN BOWNES #172328, et al., 

 Plaintiffs, 

v 

HEIDI WASHINGTON, Director, 

Michigan Department of Corrections, & 

JONG CHOI, Dental Regional Director, 

in their official capacities, 

 Defendants. 

NO. 2:14-cv-11691 

HON. LAURIE J. MICHELSON

___________________________________________________________________ 

Daniel E. Manville (P39731) 

Director, Civil Rights Clinic 

Counsel for Plaintiffs 

648 N. Shaw Lane 

East Lansing, MI 48824 

(517) 432-6866 

Tracie Gittleman (P45176) 

Robert Gittleman (P14025) 

31731 Northwestern Hwy, Ste 101E 

Farmington Hills, MI 48334 

Michael R. Dean (P71333) 

Sara E. Trudgeon (P82155) 

Kristin M. Heyse (P64353) 

Assistant Attorneys General 

Attorneys for Defendants Heidi 

Washington & Jong Choi, DDS 

Corrections Division 

P.O. Box 30217 

Lansing, MI 48909 

(517) 335-3055 

 / 

NOTICE OF PROPOSED CLASS SETTLEMENT 

This is a notice about a proposed settlement that will change how the 

Michigan Department of Corrections (MDOC) provides dental care to 

prisoners. If you are a prisoner who is scheduled for an intake 

dental screening or comprehensive exam or has requested dental 

care, this Settlement may affect your rights.

This notice tells you about (1) the lawsuit; (2) who is impacted by the 

settlement; (3) the proposed settlement agreement; (4) how to object or 

comment on the agreement; and (5) how to get more information. 

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I. The Lawsuit 

This case was first filed in 2014 by a prisoner who alleged that the 

dental care he received did not meet constitutional standards. 

Throughout the years of litigation, this case became a proposed class 

action against the Michigan Department of Corrections (MDOC) 

Director and MDOC Dental Director. This case was certified as a class 

action in February 2019. After further litigation, the remaining class 

claim alleged constitutional violations in the diagnosis and treatment of 

various stages of periodontal disease. 

This lawsuit does not seek monetary damages. Instead, the lawsuit 

asks the Court to order MDOC to ensure that those prisoners who are 

determined to be members of the class subject to this settlement 

agreement are provided certain dental services. 

There is now a settlement agreement between the parties that provides 

that all class members are eligible to receive routine dental services 

after 12 months of continuous incarceration within the MDOC; will 

receive a Periodontal Screening and Recording (PSR) at dental intake, 

comprehensive, and periodic examinations; and will receive certain 

treatment of periodontitis depending on the stage of periodontitis 

present. This is explained more thoroughly in the follow sections. 

II. Who is Impacted by the Settlement? 

Prisoners who will benefit from the settlement are called the “class 

members.” 

All current and future prisoners who are incarcerated within the MDOC 

are considered class members as any prisoner may receive an intake, 

comprehensive, or periodic dental examination and has a periodontal 

condition ranging from healthy gums to periodontitis. 

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III. The Proposed Agreement 

In the settlement agreement, Plaintiffs and MDOC have agreed to the 

following key points: 

1. Routine Dental Care Eligibility Period – Inmates will be 

eligible for routine dental services after 12 months of 

continuous incarceration within the MDOC from the first day of 

their dental intake examination.1

2. Diagnosis of Periodontal Disease – At intake, comprehensive, 

and periodic dental examinations, qualified dental staff will 

perform a Periodontal Screening and Recording (PSR). 

a. A comprehensive periodontal examination will be performed 

when the PSR indicates it should be performed. 

b. Appropriate charting for the PSR and comprehensive 

periodontal examination, as indicated, will be performed. 

3. Treatment of Periodontitis – Treatment will be provided for 

periodontitis as follows: 

a. If at the intake exam it is determined that the inmate has 

Stage III or IV periodontitis, the inmate will receive a 

referral to the stabilization clinic for the appropriate 

treatment (e.g., scaling and root planning or extraction). 

b. If at the intake exam it is determined that the inmate has 

Stage I or II periodontitis, the inmate will receive 

appropriate treatment (e.g., scaling and root planning) 

pursuant to their treatment plan that will be prescribed at 

their first comprehensive examination. 

1 This provision applies to eligibility for routine dental care only; it does 

not guarantee that routine dental services will be provided within any 

specific timeframe. 

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c. Qualified dental staff will be permitted to use local 

anesthesia during periodontitis treatment when necessary 

for pain control. 

4. Updates to Policy and Dental Service Manual – Where 

applicable, the MDOC Dental Policy Directive and/or Dental 

Services Manual will be updated to reflect the relief provided in 

this agreement and will set out staging of periodontal disease 

in accordance with the American Dental Association standard. 

5. Reporting – Every 180 days for a period of two years, MDOC 

will provide Plaintiffs’ counsel with data to permit Plaintiffs’ 

counsel to evaluate whether the material terms of the 

settlement agreement are being met. 

6. Attorney Fees – MDOC will pay $600,000 in attorney’s fees but 

not costs including dental expert fees, depositions, filing fees, 

and all other costs to litigate the case, thus all costs to litigate 

the case are paid by the attorneys out of this amount. 

IV. How to Object 

If you do not agree with the proposed settlement agreement, you may 

object or comment on the agreement by writing a letter to the Court 

explaining your objection or comment and must state whether it applies 

only to the objector, to a specific subset of the class, or to the entire 

class, and state with specificity the grounds for the objection. 

All objection letters should be addressed to “BOWNES v. 

WASHINGTON ET AL 2:14-cv-11691 OBJECTIONS” and be mailed to 

the United States District Court for the Eastern District of Michigan at 

the address below. 

Clerk’s Office 

Theodore Levin U.S. Courthouse 

231 W. Lafayette Blvd., Room 599 

Detroit, MI 48226 

These objections must be filed within 30 days of the date of this posting. 

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V. How to Gain Benefits 

If you are a member of the class, you are entitled to receive benefits of 

the Agreement. There is nothing further you need to do to receive 

benefits. 

The Court will hold a hearing to consider final approval of the 

settlement agreement. If the Court approves the settlement agreement, 

the MDOC will be required to begin implementation of the terms of the 

Settlement Agreement within 30 days of the Order approving the 

Agreement. It is anticipated that the implementation of the Settlement 

Agreement will be completed within a total of 90 days of the Court’s 

order approving the Settlement Agreement. 

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