IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
UNITED STATES OF AMERICA,
Civil Action No. 97-CVB-71514-BDT
Hon. John Corbett O'Meara
STATE OF MICHIGAN, et al,
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 care claims against Defendants. In order to resolve the remaining issues in this
litigation, the parties have entered into this settlement agreement, which, if substantially complied
with by Defendants 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
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
The parties understand and agree that to the extent that this Agreement requires changes in
MDOC policy affecting 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.
For purposes of this agreement only, the following definitions shall apply:
A. "MDOC" means the Michigan Department of Corrections.
B. "Inmate" 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
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. "Staff" does not include medical specialists, contractual dentists and optometrists,
or college instructors who are employed by an entity other than MDOC.
F. "Management" means the Director of the MDOC, Deputy Director of Correctional
Facility Administration, Warden and Deputy Warden of Crane and Scott.
G. "Sexual 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 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. "Sexual Harassment" means sexual advances, requests for sexual favors, and other
offensive verbal or 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 intimacy or a close personal association, or conduct that is contrary to the
good order of the institutions.
J. "DOJ" means the United States Department of Justice.
K. "Consult" means only provision of written and/or verbal comments to counsel.
III. MDOC POLICIES AND PROCEDURES
A. Policies 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 other sources generally accepted in the corrections community as knowledgeable in the area
to ensure that its policies and 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 and procedure and to consult with MDOC regarding the proposed policy and
IV. PRE-EMPLOYMENT 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 employment 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. Future 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; fingerprints to be sent 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 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. Future NonBCorrectional Persons With Female Inmate Contact. MDOC will
utilize the same pre-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 history 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
of any new training materials, provide DOJ with a reasonable opportunity to review the proposed
training materials and to consult with MDOC regarding the proposed materials.
Upon implementation, MDOC will require existing staff to acknowledge in writing
that they have been apprised of MDOC policies concerning conduct prohibited by polices established
pursuant to 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 preservice 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 legal 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 staff's 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 and Harassment. MDOC will,
within sixty (60) days of the execution of this Agreement, implement a training module, modeled
after the Federal Bureau of Prisons' two hour training module, addressing sexual misconduct and
harassment for both new employees and inBservice staff training.
D. Routine 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 required of all institutional management, corrections officers, and non-correctional staff with inmate contact.
VI. INMATE EDUCATION
A. Inmate Information. As part of new inmates' orientation process and reorientation
for existing inmates 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, overfamiliarity, 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 other conduct prohibited by policies established pursuant to this
Agreement; (2) a statement that MDOC prohibits such conduct by staff and by inmates; (3) a
statement of the consequences of participating 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.
MDOC will take necessary measures to ensure that nonBEnglish 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. Copies of this Agreement will be maintained in Scott and Crane law libraries.
VII. FACILITATION OF INMATE AND STAFF REPORTING OF ALLEGATIONS OF SEXUAL MISCONDUCT, SEXUAL HARASSMENT OR OVERFAMILIARITY
A. Inmate Reporting. MDOC will facilitate the reporting of sexual misconduct, sexual
harassment, overfamiliarity, 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 custody 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
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, overfamiliarity, or other conduct prohibited by policies established pursuant to this
Agreement. Information about the role and responsibilities of the Special Administrator will be
provided to inmates 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 to address such issues in women's prisons, including, but not limited to, the
training identified in Section 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, other conduct prohibited by policies established pursuant to this
Agreement, or retaliation for filing 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 conduct prohibited by policies established pursuant to this
B. Staff Reporting. Confidentiality and Prohibition of Retaliation. MDOC
P.D.02.03.100 and 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 established pursuant to this Agreement, prohibiting retaliation in response to the reporting
of such violations, and to keep confidential such reports.
VIII. INVESTIGATION OF ALLEGATIONS OF SEXUAL MISCONDUCT
A. MDOC Investigations. MDOC will conduct timely, complete, thorough,
documented, and uniform investigations in accordance with generally accepted corrections
investigation principles of all allegations, however received (verbal report, kite, grievance, or letter
to management) of 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 that, 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 the 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. Questionnaires. MDOC may use written questionnaires or statements to secure
information from suspects or witnesses in sexual misconduct investigations in conjunction with other
investigative techniques. 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
E. Mandatory Staff Participation In Investigations. Subject to the limitations reflected
in Section I of this 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
F. Response to Allegations Arising In This Lawsuit. MDOC will, in conjunction with
the Michigan State Police where necessary, continue ongoing investigation of all remaining
allegations of sexual misconduct and of egregious instances of sexual harassment arising in this
G. Temporary 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 investigation.
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 MISCONDUCT
A. Minimization of One on One Situations. MDOC will implement a new policy that
restricts inmates and male staff from being alone in one-on-one situations together at Scott or Crane
in areas not clearly visible to inmates or other staff, with the following exceptions: emergencies,
medical care, counseling, questioning during investigations, and reporting of confidential
B. Minimizations of Access to Secluded Areas. MDOC has and will continue to take
reasonable measure 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
which will facilitate surveillance, installing convex mirrors to provide a line of sight beyond areas
not viewable from door windows or other observation points, and rekeying to further restrict access
to secluded areas. MDOC 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. Inmate Clothing. MDOC will implement a standard institutional dress code for
E. Random Inmate Interviews and Exit Interviews. The Special Administrator, or
individuals designated 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 terms 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
F. PostBInvestigation 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
avoiding such incidents in the future. Significant information resulting from such reviews will be
considered for inclusion into MDOC training materials, policies and procedures.
G. Creation of Sexual Misconduct Files. MDOC will utilize its tracking system to store
allegations of, and information concerning, sexual misconduct, sexual harassment, overfamiliarity
and conduct prohibited by policies established pursuant to this Agreement, whether substantiated
or not. The tracking system will be searchable by, at a minimum, inmate and staff name, and by type
of prohibited behavior. 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 prohibited 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, retraining, or reassignment. The tracking system will also be used to effectuate the
provision of Paragraph 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 officers in the housing units at Scott and Crane; and 2) rotating staff assignments
to housing units at Scott 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 misconduct, sexual harassment, overfamiliarity, other conduct prohibited by policies
established pursuant to this Agreement, retaliation, or failure to report a violation of MDOC policy
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. Inmate 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
in P.D.04.06.180 to any inmate found by MDOC to have been subjected to, or to any inmate who
makes a credible allegation in a kite, grievance, or letter to management, that she was subject to,
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. MONITORING 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.
XII. PAT DOWN SEARCHES
Absent exigent 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
to further clarify that pat down searches are not used to sexually harass inmates, and (b) evaluate
the feasibility of modifying or eliminating the current requirement of five daily pat down searches
per officer. Should the 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 guidance as needed.
XIII. SCREENING OF INMATES REGARDING PAST HISTORIES OF PHYSICAL OR SEXUAL ABUSE
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 will monitor the quality of its preBemployment 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. 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 Defendants achieving substantial
compliance with its terms, and will attach this Settlement Agreement to such motion. The motion
will request that the case be placed on the Court's inactive docket, though the Court shall retain
jurisdiction over the case until a final dismissal.
B. Monitoring And Time Frames For Compliance. DOJ and a jointly agreed on expert,
who must be selected and contracted with before this Settlement Agreement is executed, will have
reasonable access to 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 Agreement. 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 approximately 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 opinion of Defendants' compliance with each of the terms of this Settlement
Agreement, including identifying any deficiencies in compliance.
Not more than 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 compliance 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 following language: "The United States agrees that dismissal of this action
is appropriate. There is no pattern or practice of Defendants violating female inmates' constitutional right to be free from sexual misconduct and sexually inappropriate behavior. The Michigan
Department of Corrections remains committed to eliminating sexual misconduct and all other forms
of prohibited sexual conduct within the Scott and Crane facilities.
If the joint 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 Agreement. The United States reserves the right to file a motion to restore this case to
the Court's active docket 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. Plaintiff 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 fully satisfy the Settlement Agreement. Isolated and unintentional incidents will not
In the event this action goes to trial, nothing contained in this Settlement Agreement will
be introduced as evidence.
All parties shall bear their own costs and fees.
FOR THE PLAINTIFF:
BILL LANN LEE, Acting Assistant Attorney General, Civil Rights Division
SAUL GREEN, United States Attorney, Eastern District of Michigan
STEVEN H. ROSENBAUM, Chief, Special Litigation Section
MELLIE H. NELSON, Deputy Chief, Special Litigation Section
SHANETTA Y. BROWN CUTLAR
TAWANA E. DAVIS
Special Litigation Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66400
Washington, D.C. 20035-6400
FOR THE DEFENDANT:
BILL MARTIN, Director, Michigan Department of Corrections
MICHAEL A. NICKERSON (P25138)
LEO H. FRIEDMAN (P26319)
MARK W. MATUS (P36659)
Assistant Attorneys General, Corrections Division
P. O. Box 30217
Lansing, MI 48909