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Court Orders Appointment of Education Administrator in Michigan Discrimination Case

The District Court, E.D. Michigan, S.D., appointed an education administrator after the Michigan Department of Corrections failed to hire one on their own. The court ordered the defendants to pay the administrator $1,000/40-hour week to implement educational programs for female prisoners comparable to those being offered to male prisoners. See: Glover v. Johnson, 662 F.Supp. 821 (ED MI 1987).

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Related legal case

Glover v. Johnson

662 F.Supp. 820

United States District Court, E.D. Michigan, Southern Division.

Mary GLOVER, et al., Plaintiffs,
v.
Perry JOHNSON, Director, Michigan Department of Corrections, et al.,
Defendants.

Civ. A. No. 77-71229.

June 12, 1987.

Female inmates in custody of Michigan Department of Corrections demanded that they be provided with educational and vocational opportunities comparable to those provided male inmates. The District Court, 659 F.Supp. 61, appointed an administrator to develop and implement plan to provide parity of programming for female inmates. The District Court, Feikens, J., concluded that $1,000 per week for not less than 40 hours of work provided fair and reasonable compensation for administrator, who was not ordinary, long-term employee of Department but temporary consultant with special authority to implement court judgment and orders.

Compensation ordered.

*820 Charlene M. Snow, Deborah LaBelle, Detroit, Mich., for plaintiff.

Susan A. Harris, Asst. Atty. Gen., for defendant.

*821 MEMORANDUM OPINION AND ORDER

FEIKENS, District Judge.

Female inmates in the custody of the Michigan Department of Corrections ("Department") commenced this suit on May 19, 1977 and demanded that defendants, members of the Michigan Corrections Commission, provide them with educational and vocational opportunities comparable to those provided male inmates. I certified the action "on behalf of all female inmates in Michigan." 85 F.R.D. 1, 2 (1977). After a bench trial, I ruled that defendants violated the Equal Protection Clause of the Fourteenth Amendment and I ordered defendants to provide parity of programming for female inmates. 478 F.Supp. 1075, 1101-1102 (1979). After extensive consultation with counsel, I entered final relief. 510 F.Supp. 1019 (1981). Despite my orders, defendants persisted in denying female inmates equal opportunity. Accordingly, I appointed Dr. Richard Meisler Administrator of the Department's educational programs, and charged him with responsibility for developing and implementing a plan to provide parity of programming for female inmates. Mem. Op. and Order (April 17, 1987). 659 F.Supp. 621.

Dr. Meisler's responsibilities will require his full-time attention once he sets aside his duties at The University of Michigan on June 25, 1987. By that time, I must establish his rate of compensation. The parties and Dr. Meisler have informed me of their views both in chambers and in open court. I have carefully considered those views, as well as my own view of Dr. Meisler's role, and I conclude that One Thousand Dollars ($1,000.00) per week for not less than forty (40) hours of work provides fair and reasonable compensation. I establish a weekly rate and not an annual salary to emphasize that Dr. Meisler is not an ordinary, long-term employee of the Department, but a temporary consultant with special authority to implement the judgment and orders of this Court. I note, however, that Dr. Meisler's annual compensation of $52,000 is comparable to the $48,700 salary, exclusive of benefits, received by the Department's own Education Director. I establish a weekly rate and not an hourly rate because Dr. Meisler will be working exclusively on this project and I do want to imply that he must detail how he spends each hour of his working time. I note, however, that hourly compensation of approximately $25.00 is reasonable for a consultant who has no overhead.

Accordingly, IT IS ORDERED that beginning July 1, 1987, defendants pay Dr. Meisler One Thousand Dollars ($1,000.00) per week for not less than forty (40) hours of work as this Court's Administrator.

IT IS FURTHER ORDERED that any objections to this order be filed in writing within ten (10) days from the date of this order.

662 F.Supp. 820

END OF DOCUMENT