On March 8, 2019, we filed a class action complaint against Michigan Department of Corrections and Corizon Health, Inc., among other parties, in the Eastern District of Michigan.. We have brought this case on behalf of current and former inmates of Huron Valley Correctional Facility for Women (“WHV”). We filed an amended consolidated class action complaint on September 25, 2020.
The complaint alleges in part that female inmates at WHV were regularly denied access to adequate medical and mental health care, hygienic conditions and movement. As a result, the women incarcerated at WHV were exposed to Sarcoptes scabiei (“scabies”), caused by the spread of parasitic mites. The complaint further alleges that, despite years of complaints, the pleas of the women incarcerated at WHV were largely ignored and unanswered. Defendants failed to provide adequate access to medical care, a properly trained medical staff, screening programs, appropriate medications, appropriate quarantine and disinfecting procedures, and resources to properly examine, test, and treat the women’s obvious symptoms of infestation.
This is a civil rights class action, brought under 42 U.S.C. § 1983, challenging the inhumane, dangerous, and unconstitutional conditions endured by Plaintiffs and other similarly situated women at WHV. Plaintiffs, on behalf of themselves and members of the proposed Classes, bring claims for violations of the Eighth and Fourteenth Amendments, and for gross negligence. They seek class certification, monetary damages, injunctive relief, and declaratory relief.
Nichols Kaster, PLLP is co-counsel with Marko Law, PLLC; Pitt McGehee Palmer Bonanni Rivers PC; Law Office of David S. Steingold, PLLC; and Excolo Law on this matter.
This case is entitled Pearson v. Michigan Department of Corrections et al, Court File No. 2:19-CV-10707 (E.D. Mich.)
Case Updates
February 13, 2024
Women’s Huron Valley – Scabies Case Update
The Court denied the MDOC and Wayne State Defendants’ request for interlocutory appeal of additional issues on May 13, 2024. The Court also stayed, or paused, litigation pending resolution of Defendants’ automatically appealable issues from the Court’s denial of Defendants’ motion for judgment on the pleadings. Defendants filed their appeal briefs on December 12, 2024. We are preparing to file Plaintiffs’ response on February 27, 2025. After this, the Sith Circuit will likely schedule an oral argument.
June 26, 2024
Women’s Huron Valley Scabies Litigation Case Update
On February 16, 2024, the MDOC/WHV Defendants and the Wayne State Defendants filed a motion for judgment on the pleadings, requesting the case be dismissed. On May 13, 2024, the district court denied the motions. Defendants filed notice of appeal on June 12, 2024. The circuit court has not yet set a schedule for the appeal.
As part of their appeal efforts, the MDOC/WHV and the Wayne State Defendants are requesting to continue delaying litigation. Plaintiffs oppose these efforts.
We will continue to post updates on the progress of Defendants’ appeal efforts.
February 6, 2024
The hearing previously scheduled for November 9, 2023 was cancelled and did not occur.
On February 5, 2024, the district court extended the ongoing pause on the exchange of information—a process called “discovery”—in this case for another 90 days, or pending resolution of Corizon’s bankruptcy proceedings, whichever is earlier. The district court will allow the MDOC to move to dismiss the case while discovery is paused.
We are still monitoring Corizon’s bankruptcy filing and will let you know when there is more information to provide.
September 18, 2023
Women’s Huron Valley Scabies Litigation Case Update
An update letter regarding the WHV Scabies Class Action Litigation was sent last week. Due to postal delays, please allow at least two weeks for this letter to arrive. We are still monitoring Corizon’s bankruptcy filing and will let you know when there is more information to provide. Our case has been reassigned to Judge Stephen J. Murphy, III, and our next hearing is scheduled for November 9, 2023. For more information, please refer to the update letter.
June 20, 2023
Women’s Huron Valley Scabies Litigation Case Update
An update letter was mailed out on May 18, 2023. If you are a potential class member with a signed legal services agreement but have not yet received this update letter, please allow at least two full weeks for delivery before contacting us to request another letter. As a reminder, we are unable to provide updates over the phone.
We had a status conference on May 3, 2023. Our next status conference related to the scabies litigation is scheduled for August 17, 2023. Further information can be found in the latest update letter.
March 7, 2023
Women’s Huron Valley Scabies Litigation Case Update
An update letter was mailed out during the week of February 13, 2023. If you are a class member with a signed a legal services agreement but have not received the update letter, please allow two weeks for delivery before contacting us to request another letter.
The mediation scheduled for February did not take place. The parties have been ordered to mediate, and we remain committed to mediating these claims.
As a reminder: We are not able to give mediation updates over the phone. General updates will be posted in this space, and substantive updates will be provided only through update letters to all of our class members. If you have questions or concerns outside of mediation, please feel free to contact us.
January 27, 2023
Michigan Department of Corrections, and Corizon Health, Inc. Case Update
The parties began mediating the case on December 8, 2023. Another round of mediation will occur in late February 2023. The parties will continue to mediate.
May 9, 2022
Michigan Department of Corrections, and Corizon Health, Inc. Case Update
The Court issued an order staying litigation in this case and ordering the parties to exchange information to facilitate good-faith settlement discussions.
July 21, 2021
Michigan Department of Corrections, and Corizon Health, Inc. Case Update
The Court denied Defendants’ motions to dismiss. See the order here.
March 31, 2021
Michigan Department of Corrections, and Corizon Health, Inc. Case Update
On September 25, 2020, Plaintiffs filed an amended consolidated master class action complaint and moved to reopen the case. On March 31, 2021, the Court issued an order granting Plaintiffs’ motion. See the amended complaint here.
August 24, 2020
Michigan Department of Corrections, and Corizon Health, Inc. Case Update
The Court denied MDOC’s motion for summary judgment but granted Defendants’ motions to dismiss. Plaintiffs’ initial complaint was dismissed without prejudice.
Attorneys
Staff
Frequently Asked Questions
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How Do I Join This Case?
As part of our investigatory efforts, we are interested in speaking with others who are or were incarcerated at Women’s Huron Valley Correctional Facility and believe they were treated unlawfully.
You may contact us toll free at 1-877-448-0492, write to us at Nichols Kaster, PLLP, 4700 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402, or email Haley Thompson at hthompson@nka.com.
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Am I Eligible?
This case seeks to represent two classes:
- Current and Former Inmate Class: This case seeks to represent a class of all current and former detainees and inmates in WHV who, while incarcerated at WHV, had a skin rash consistent with a scabies infestation and who were denied treatment, or whose delayed treatment caused the condition to worsen, since November 2016.
- Injunctive Relief Class: This case seeks to represent an injunctive relief class on behalf of all WHV inmates since November of 2016.
If you have questions about whether you are included in these classes, contact us.
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What is a Class Action?
In a class action lawsuit, one or more people, called the “class representatives,” sue on behalf of themselves and other people who have similar claims. Together, this group of people is called a “class” or “class members.” The class representative and the class members together are called the “Plaintiffs.” The companies they sue are called the “Defendants.” The judge or jury resolves the claims for everyone in the class—except those who ask to be excluded from the lawsuit.
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How Long Will This Case Take?
Class actions can often take years. Please check this page periodically for updates on the case’s status.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.