People of the State of Michican v. Pilton, MI, Motion to Permit a Professional Jail Visit for Defense Paralegal, 2011 STATE OF MICHIGAN OAKLAND COUNTY CIRCUIT COURT PEOPLE OF THE STATE OF MICHIGAN, vs. Plaintiff, Case No. 2008-221114-FC Hon.Rae Lee Chabot ELLIOT PILTON, Defendant ________________________________________________/ OAKLAND COUNTY PROSECUTOR’S OFFICE By: …
Releasees from Rural Michigan Jail Frighten Neighbors on Long Walk Home by The remoteness of Michigan’s Ottawa County Jail is leaving released prisoners who have no transportation with no choice but to walk home. Consequently, local residents who live on the county roads that the releasees must travel are scared. …
Requests to BOP by Sentencing Judge not Reviewable on Appeal by Federal criminal defendants may not appeal requests made by district judges to the Bureau of Prisons (BOP), the U.S. Court of Appeals for the Sixth Circuit decided October 26, 2009. Jerry Hebert pled guilty to bank robbery. At his …
Sixth Circuit Rules on Whether Prisoner Must Name Defendants in Grievance by The Sixth Circuit Court of Appeals held that the Michigan Department of Corrections (DOC) internal grievance policy rule that prisoners name all defendants did not invalidate a prisoner’s grievance for purposes of exhaustion of administrative remedies when prison …
Michigan Jail Nurse Denied Qualified Immunity in Detainee Death Case by Mark Wilson By Mark Wilson The Sixth Circuit affirmed the denial of a Michigan jail nurse’s motion for summary judgment on qualified immunity ground related to a prisoner’s death from untreated alcohol withdrawal. On March 1, 2004, Larry Bertl …
Sixth Circuit Affirms Dismissal of Michigan Legal Mail Case by Mark Wilson The Sixth circuit court of appeals affirmed a lower court’s sua spente dismissal of a Michigan prisoner’s suit against a guard for reading his legal mail two times and issuing him a misconduct report. Michigan prisoner Aubrey Stanley …
Attorney Fees and Costs Against Exoneree Who Lost Lawsuit Denied by On May 21, 2009, a Michigan federal court denied a motion by defendants for attorney fees and costs in an unsuccessful lawsuit brought by an exoneree. During a custody dispute with his ex-girlfriend in 1987, Mark Norman Cleary's seven-year-old …
Summary Judgment for Michigan DOC Denied In Kosher Meal Suit by A Michigan federal district court ruled that the question of whether a prison's policy is a "less restrictive" means of determining a prisoner's religious sincerity before allowing a Kosher diet is a question of fact precluding summary judgment. Michigan …
Mitchell v. Woodcum, MI, Motion to Preclude Police Report, Naked False Arrest, 2011 Case 2:09-cv-14647-SJM-MKM Document 29 Filed 05/02/11 Page 1 of 5 UNITED STATE DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LATESHA MITCHELL Plaintiff, Case No. 09-CV-14647 Honorable Steven J. Murphy v DETROIT POLICE OFFICER OSCAR WOODCUM, Badge …
Mitchell v. Woodcum, MI, Motion to Preclude Prior Criminal History, Naked False Arrest, 2011 Case 2:09-cv-14647-SJM-MKM Document 28 Filed 05/02/11 Page 1 of 5 UNITED STATE DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LATESHA MITCHELL Plaintiff, Case No. 09-CV-14647 Honorable Steven J. Murphy v DETROIT POLICE OFFICER OSCAR WOODCUM, …
Sixth Circuit: No Sanction for Third-Party Spoilation in Michigan by Matthew Clarke By Matt Clarke On March 21, 2008, a panel of the Sixth Circuit court of appeals held that a defendant could not be sanctioned for third-party spoilation of evidence in a Michigan case involving excessive use of force …
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials for Religious Book Censorship by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land …
Prisoner’s Administrative Remedies Do Not Require Naming of Official by The Sixth Circuit Court of Appeals vacated its own affirmation of the dismissal of a prisoner’s civil rights complaint after the Supreme Court found that the circuit’s imposition of the prerequisite to properly exhaust administrative remedies before filing a complaint …
6th Circuit: Grievances Enjoy First Amendment Protection by On September 29, 2009, the 6th Circuit vacated a district court ruling dismissing a complaint filed by Michigan prisoner Lynn Pasley. The complaint was filed pursuant to 42 U.S.C. § 1983 alleging constitutional violations against Vera Conerly, a prison employee. Pasley accused …
Smith v. County of Lenawee, MI, Order - Summary Judgment, Wrongful Death Deliberate Indifference Alcohol Withdrawal, 2011 Case 2:09-cv-10648-DML-MJH Document 139 Filed 03/28/11 Page 1 of 50 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SUETTA SMITH, as Personal Representative of the Estate of BRENDA SUE SMITH, Deceased, …
State Inspections Compel Changes at Abusive Michigan Juvenile Facility by David Reutter by David M. Reutter Inspection reports by Michigan’s Department of Human Services (DHS) concerning conditions at the Muskegon County Juvenile Detention Center (MCJDC) found an abusive environment caused by understaffing. On the verge of losing the state license …
Sixth Circuit Holds Pre-1992 Michigan Lifers Not Entitled to Ex Post Facto Relief by In what may prove to be a major blow to parole-eligible life-sentenced prisoners in Michigan, the Sixth Circuit has rejected an as-applied ex post facto challenge to the retroactive application of changes in Michigan’s parole laws. …
Michigan Cop’s Mug Shot Releasable Under FOIA by The Michigan Court of Appeals held that a Detroit police officer’s mug shot may be released to the media under the Freedom of Information Act (FOIA). The Detroit Free Press made an FOIA request for the release of the booking photograph of …
Michigan Prison Doctor Liable for Late Prostate Cancer Diagnosis by The Sixth Circuit Court of Appeals has held that a prisoner stated sufficient facts to defeat dismissal of his claim alleging a prison doctor was deliberately indifferent to his serious medical needs. However, the appellate court affirmed judgment in favor …
Denial of Qualified Immunity Reversed in Michigan Prison Wage Suit by The U.S. Court of Appeals for the Sixth Circuit reversed a district court’s denial of qualified immunity for Michigan prison officials accused of violating a prisoner’s due process rights. In April of 2001, David Pickelhaupt was given a physical …
