On November 20, 2019, we filed a class action complaint against the Michigan Department of Corrections and related defendants in the Eastern District of Michigan. We have brought this case on behalf of former, current, and future inmates of Huron Valley Correctional Facility for Women (“WHV”).
The complaint the women incarcerated in WHV suffer from ongoing exposure to harmful varieties of mold caused, which has been permitted to grow and fester inside WHV, due to failing and dilapidated infrastructure, unclean living conditions, and lack of proper ventilation. The complaint further alleges that the mold has caused respiratory infections, coughing, wheezing, rashes, dizziness, and fatigue, which may lead to serious, long-lasting physical effects, such as asthma, life-threatening secondary infections, insomnia, memory loss, trouble concentrating, and confusion. These women have complained for years about the conditions, and the defendants continuously have ignored their complaints and failed irradiate the mold or fix the failing infrastructure that allows it to thrive.
This is a civil rights class action, brought under 42 U.S.C. § 1983, challenging the inhumane, dangerous, and unconstitutional conditions endured by the women locked inside WHV. The plaintiffs on behalf of themselves and members of the proposed Classes seek monetary damages and injunctive and declaratory relief.
Nichols Kaster, PLLP has partnered 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 Bailey v. Michigan Department of Corrections et al, Court File No. 2:19-cv-13442 (E.D. Mich.)
Frequently Asked Questions
Q: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 email@example.com.
Q: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, experienced symptoms consistent with mold exposure since November 20, 2016.
- Injunctive Relief Class: This case seeks to represent a class of all detainees and inmates of WHV who were incarcerated at WHV since November 20, 2016.
If you have questions about whether you are included in these classes, contact us.
Q: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.
Q:How Long Will This Case Take?
Class actions can often take years. Please check this page periodically for updates on the case’s status.
March 7, 2023
Women's Huron Valley Mold 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 continue to work toward mediating these claims. Please check this space for further updates.
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
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