Order Michigan Supreme Court
Lansing, Michigan
March 30, 2016 Robert P. Young, Jr.,
Chief Justice
152406 Stephen J. Markman
Brian K. Zahra
152435 Bridget M. McCormack
David F. Viviano
JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, Richard H. Bernstein
JOHN DOE 4, JOHN DOE 5, JOHN DOE 6, Joan L. Larsen,
and JOHN DOE 7, on behalf of themselves Justices
and a class of all others similarly situated,
Plaintiffs-Appellants,
v SC: 152406
COA: 321756
Washtenaw CC: 13-001196-CZ
DEPARTMENT OF CORRECTIONS,
GOVERNOR OF THE STATE OF MICHIGAN,
DIRECTOR OF MICHIGAN DEPARTMENT
OF CORRECTIONS, DEPUTY DIRECTOR
OF MDOC CORRECTIONAL FACILITIES
ADMINISTRATION, FORMER DEPUTY
DIRECTOR OF MDOC CORRECTIONAL
FACILITIES ADMINISTRATION, CHIEF
DEPUTY DIRECTOR OF MDOC
CORRECTIONAL FACILITIES
ADMINISTRATION, WARDEN OF CARSON
CITY CORRECTIONAL FACILITY, WARDEN
OF CHARLES EGELER RECEPTION AND
GUIDANCE CENTER, WARDEN OF
EARNEST C. BROOKS CORRECTIONAL
FACILITY, WARDEN OF GUS HARRISON
CORRECTIONAL FACILITY, WARDEN OF
RICHARD A. HANDLON CORRECTIONAL
FACILITY, WARDEN OF OAKS
CORRECTIONAL FACILITY, WARDEN OF
THUMB CORRECTIONAL FACILITY,
WARDEN OF CHIPPEWA CORRECTIONAL
FACILITY, WARDEN OF MARQUETTE
BRANCH PRISON, and WARDEN OF
BELLAMY CREEK CORRECTIONAL
FACILITY,
Defendants-Appellees.
_________________________________________/
JOHN DOE 1, JOHN DOE 2, JOHN DOE 3,
JOHN DOE 4, JOHN DOE 5, JOHN DOE 6,
and JOHN DOE 7, on behalf of themselves
and a class of all others similarly situated,
Plaintiffs-Appellants,
2
v SC: 152435
COA: 321013
DEPARTMENT OF CORRECTIONS, Washtenaw CC: 13-001196-CZ
GOVERNOR OF THE STATE OF MICHIGAN,
DIRECTOR OF MICHIGAN DEPARTMENT
OF CORRECTIONS, DEPUTY DIRECTOR
OF MDOC CORRECTIONAL FACILITIES
ADMINISTRATION, FORMER DEPUTY
DIRECTOR OF MDOC CORRECTIONAL
FACILITIES ADMINISTRATION, CHIEF
DEPUTY DIRECTOR OF MDOC
CORRECTIONAL FACILITIES
ADMINISTRATION, WARDEN OF CARSON
CITY CORRECTIONAL FACILITY, WARDEN
OF CHARLES EGELER RECEPTION AND
GUIDANCE CENTER, WARDEN OF
EARNEST C. BROOKS CORRECTIONAL
FACILITY, WARDEN OF GUS HARRISON
CORRECTIONAL FACILITY, WARDEN OF
RICHARD A. HANDLON CORRECTIONAL
FACILITY, WARDEN OF OAKS
CORRECTIONAL FACILITY, WARDEN OF
THUMB CORRECTIONAL FACILITY,
WARDEN OF CHIPPEWA CORRECTIONAL
FACILITY, WARDEN OF MARQUETTE
BRANCH PRISON, and WARDEN OF
BELLAMY CREEK CORRECTIONAL
FACILITY,
Defendants-Appellees.
_________________________________________/
On order of the Court, the applications for leave to appeal the August 25, 2015
judgment of the Court of Appeals are considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion
considering whether the defendants were precluded, under principles of collateral
estoppel, from arguing that the 1999 amendment to the Civil Rights Act, MCL
37.2301(b), is constitutional and whether the 1999 amendment to the Civil Rights Act
violates equal protection. In light of the Court of Appeals ruling that plaintiffs’
complaint should be dismissed under the Prisoner Litigation Reform Act, MCL 600.5501
et seq., it was unnecessary to resolve the remaining issues. In all other respects, the
applications for leave to appeal are DENIED, because we are not persuaded that the
remaining questions presented should be reviewed by this Court.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 30, 2016
d0323
Clerk