Michigan DOC Case Update: State Fights for Delays, Class-Action Still Moves Forward
Michael Pitt and Cary McGehee have been part of the legal team leading a class-action against the Michigan Department of Corrections since 2013. The suit alleges that inmates under 18 were not segregated from the adult inmate population and, as a result, sexually assaulted by the adult prisoners at numerous Michigan correctional facilities.
So far, the legal team has been in contact with over 200 victims who suffered abuse while incarcerated as minors. The alleged incidents took place over a three-year period before MDOC says it began assigning males under 18 to a designated facility out of sight and sound of the adult inmate population as required by the Prison Rape Elimination Act.
"As with any lawsuit where a large number of plaintiffs are challenging the fundamental practices and competency of a very large public institution, this case is going to take time," said McGehee. "The Attorney General and MDOC are trying hard to derail this and recently went so far as attempting to subpoena notes and tape from journalists covering the case. Despite the delay tactics, we continue to move forward."
The lawsuit has attracted attention from national media, including an article recently published in The Atlantic: Rape in the American Prison. The 8,000-word story details the widespread problem of minors being sexually-assaulted by adult inmates in U.S. prisons and the many roadblocks standing in the way of achieving reforms that will protect imprisoned youth.
The article also recounts the three-year ordeal of sexual abuse suffered by Detroit area plaintiff John Doe #1, who was 17 when incarcerated in an adult prison. The narrative describes a recent meeting between Doe and Pitt (his attorney) at the Bellamy Creek Correctional Center, where Doe is still incarcerated. le recently published in The Atlantic ("Rape in the American Prison"). The 8,000-word story details thewidespread problem of minors being sexually-assaulted by adult inmates in U.S. prisons and the many roadblocks standing in the way of achieving reforms that will protect imprisoned youth.
"Here's a young guy among hundreds who's been subjected to all kinds of abuse because of the state's neglect," said Pitt of his client. "Using the law to keep the heat on MDOC is the only way to get justice for these young men and bring positive changes to Michigan prisons."
PMP&R Files Amicus Briefs with U. S. Supreme Court and State of Michigan 36th District
Firm attorneys recently filed amicus briefs in two important cases. Participation in the judicial process by amicus curiae ("friend of the court") has a long tradition in American and British legal systems. Originally used by third-parties to provide information that the court may overlook, today's amicus brief often presents an argument and cites non-legal authorities not present in other case briefs. Historically, amicus briefs have been used by certain groups as a vehicle for social change. Beginning in the early 1940s, the amicus brief was utilized repeatedly by the NAACP. So useful was the amicus brief to the organization that it became a critical part of its legal challenge to racial segregation.
While serving NAACP director and legal counsel, Thurgood Marshall submitted his now famous amicus brief to the U.S. Supreme Court in the landmark Brown vs. Board of Education case. In it, he incorporated sociological, economic and medical information to dramatically illustrate the profound psychological impact of racial segregation.
Below are summaries of the two amicus briefs filed by the firm:
*U.S. Supreme Court/DeBoer vs. Snyder - Mike Pitt, Beth Rivers and Andrea Johnson collaborated on a brief for client Oakland County Clerk Lisa Brown. Brown is a long-time advocate for same-sex marriage. The brief, filed in support of the petitioners, details how many states where same-sex marriage bans have been struck down are attempting to impose restrictions and rules in an effort to deny or limit the rights and benefits of those same-sex couples who seek to marry. Brown argues that only the unequivocal protection of the United States constitution and a ruling by the Supreme Court that bans on same-sex marriage are unconstitutional can prevent discrimination against this historically unpopular group. You can read the brief here *State of Michigan, 36th District Court/City of Detroit vs. Hans Barbe, Kimberly Redigan, et. al. - Cary McGehee and firm law clerk Matt Robb prepared a brief on behalf of the Michigan Coalition of Human Rights in support of local human rights activists arrested protesting water shut-offs in the City of Detroit. The brief argues that access to water is a nationally and internationally-recognized human right and cites the United Nations, Center for Disease Control and Georgetown Law Human Rights Institute. In support of the demonstrators, the brief forwards an affirmative defense that the group protested out of necessity to halt the dangerous water shutoffs which "cause serious and life-threatening harm..." You can read the brief here Pitt McGehee Palmer & Rivers in the News Jennifer Lord Returns to PMP&R Jennifer Lord joined the firm in January 2015 as a partner. This will mark her second stint at PMP&R, where she began her legal career as an associate 18 years ago.
"When I first came to the firm as an associate I was truly learning the ropes," Lord said. "Mike, Cary and Peggy all made me feel welcome and went out of their way to help me succeed. Now I'm back and everybody has been welcoming and helpful again. It was kind of like coming home, except the family has gotten bigger."
Lord specializes in employment law and employee rights, handling cases involving race, sex, gender, disability, age, breach of contract, class action, Family and Medical Leave Act and whistleblower claims. In addition, she has extensive experience in severance negotiations, including executive level negotiations. She has litigated claims in federal court, state court and arbitration and successfully argued before the U.S. Sixth Circuit Court of Appeals. In a prior position, Lord served in Washington, D.C. as a legislative assistant to a member of the U.S. House of Representatives. In that capacity, she drafted legislation and worked with a wide variety of interest groups. According to Lord, working for a House member has provided her valuable insight regarding the interpretation and enforcement of federal and state laws.
Lord is a graduate of University of Michigan and Wayne State University Law School. She is a member of the National Employment Lawyers Association, Michigan Employment Lawyers Association, Michigan Association for Justice, State Bar of Michigan (member of SBM Labor and Employment Section) and the Oakland County Bar Association. The proud parent of Jack, Katie and Laine, she also loves travel, art, film and exploring restaurants.
Welcome back, Jennifer. | 
