Women’s Huron Valley – Ventilation and Mold

No Company is Too Big to Play Fair.

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, on behalf of inmates of Huron Valley Correctional Facility for Women (“WHV”). After this case was dismissed in August of 2023, we filed an amended complaint seeking injunctive relief on behalf of those women currently incarcerated at WHV.

The amended complaint alleges that WHV’s facilities are damp, dirty, and humid—conditions compounded by poor ventilation, ongoing water penetration, shoddy maintenance, long-expired HVAC systems, unclean living conditions, and dilapidated infrastructure. These structural infirmities have led to dangerous breathing conditions for the women incarcerated within WHV and resulted in their continuous exposure to allergens, mold, and chemical fumes within housing and other units. The amended complaint further alleges that inmates have experienced medical complications as a result of this exposure—including 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 to fix the infrastructural issues that allows these conditions 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, seek damages and, on behalf of themselves and the proposed Class, seek injunctive 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 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?

    A:

    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.

  • Q:Am I Eligible?

    A:

    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?

    A:

    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?

    A:

    Class actions can often take years.  Please check this page periodically for updates on the case’s status.

Case Updates

September 18, 2023

Women's Huron Valley Mold Case Update

On August 25, 2023, the Court dismissed the WHV Mold Class Action Litigation. On September 15, 2023, we filed a Second Amended Complaint. We have decided that we can no longer seek monetary damages on behalf of the class. For this reason, the Amended Complaint seeks only injunctive relief for class members. This relief could include building updates, new ventilation systems, proper cleaning protocols, etc... Only women who are currently incarcerated at WHV are now eligible to be class members of the Bailey case.

If you wish to file an individual claim for monetary damages, it is important that you find a new attorney as soon as possible to evaluate your case. Please see the most recent update letter, which was sent last week, for more information and contact us if you have questions. See Second Amended Complaint here.

August 1, 2023

Women's Huron Valley Mold Case Update

Our next hearing related to the mold litigation is scheduled for August 15, 2023. Please check this space for further updates. As a reminder, we are unable to provide updates over the phone.

June 20, 2023

Women's Huron Valley Mold 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 mold litigation is scheduled for June 27, 2023. Further information can be found in the latest update letter.

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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