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.)
Case Updates
September 19, 2025
Defendants objected to Magistrate Judge Stafford’s report and recommendation, finding that Plaintiffs could proceed with their claims in federal court. Plaintiffs opposed Defendants’ objections and prevailed. In May 2025, the District Court adopted the Magistrate Judge’s report, holding that Defendants failed to meet their burden on exhaustion.
In June 2025, the Court ruled on Defendants’ motion for judgment on the pleadings. The District Court ruled in our favor on nearly all issues, dismissing only a single claim we had already conceded—our state-law claims against Defendants in their official capacity.
Defendants have since appealed the Court’s denial to the Sixth Circuit. They also obtained a stay of discovery pending appeal, granted on September 8, 2025. Their appellate brief is due October 30, 2025. We will continue to update you on the status of the appeal. No hearing date has yet been sent.
February 13, 2024
The Court held an evidentiary hearing and bench trial on October 30, 2024 to determine whether the named Plaintiffs properly exhausted their administrative remedies under the Prison Litigation Reform Act and thus have a right to proceed with this case. Following the hearing, the parties submitted proposed findings of fact and conclusion of law on January 24, 2025. We now await the Magistrate Judge’s findings. Discovery remains paused as we await the Court’s determination.
July 11, 2024
Defendants filed a Motion for Summary Judgment and a Motion to Stay the case on March 1, 2024. Defendants argue that Plaintiffs do not have the right to proceed with this case under the Prison Litigation Reform Act because they allegedly did not properly exhaust their administrative remedies. Plaintiffs opposed, and on June 26, 2024, the district court denied both motions, siding with Plaintiffs. On July 10, 2024, Defendants asked the district court for an evidentiary hearing or to otherwise reconsider. Plaintiffs intend to oppose.
May 29, 2024
On May 8, 2024, Defendants filed a Motion for Judgment on the Pleadings, requesting the case be dismissed on various grounds, including immunity. Defendants also filed a Motion to Stay the case pending the district court’s decision. Plaintiffs opposed both motions and await the Court’s ruling.
September 18, 2023
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
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
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
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
The parties began mediating the case on December 7, 2023. Another round of mediation will occur in late February 2023. The parties will continue to mediate.
May 9, 2022
The Court issued an order staying litigation in this case and ordering the parties to exchange information to facilitate good-faith settlement discussions.
March 31, 2021
On September 25, 2020, Plaintiffs filed an amended complaint and moved to reopen the case. On March 31, 2021, the Court issued an order allowing Plaintiffs to reopen the case and file the amended complaint. See the amended complaint here.
September 4, 2020
On August 24, 2020, the Court issued an order denying MDOC’s motion for summary judgment. But, on September 4, 2020, the Court granted MDOC’s motion to dismiss and dismissed Plaintiffs’ complaint without prejudice.
November 21, 2019
Nichols Kaster together with co-counsel filed a federal lawsuit against the Michigan Department of Corrections, its Director Heidi Washington, and eleven other individuals alleging "dangerous living conditions" at Michigan’s only women's prison located in Ypsilanti, Michigan.
According to the new class action complaint, the facility is in such a dilapidated condition that, when it rains, water pours into the building and sits stagnant and then creates mold. One worker reported that the roof leaked so badly that it shorted out the lights. Others reported the mold in the ceiling being so bad that when it rained, the water coming out of the moldy ceiling was brown and "it looked like coffee coming out of the ceiling." To make matters worse, the exhaust systems at the prison are broken and inadequate, thus providing "an environment conducive for the mold to develop and grow throughout the facility".
The prisoners have been showing signs of symptoms of mold exposure for years, and their complaints have gone ignored. Not only that, but the MDOC employees who work there are also exposed to the conditions on a daily basis.
Exposure to mold spores can cause symptoms such as skin rash and itching, respiratory infections, headaches, dizziness, nosebleeds, nasal stuffiness, throat irritation, coughing, watery eyes, or wheezing. Mold exposure may also lead to muscle cramps, numbness in extremities, weight gain, light sensitivity, and hair loss. Some individuals develop serious infections in their lungs when they are exposed to mold, causing shortness of breath, chest tightness, and diseases like pneumonia or a pulmonary hemorrhage. Mold exposure may also lead to or contribute to insomnia, anxiety, depression, loss of appetite, confusion, and trouble concentrating. Long-term exposure to toxic mold can affect the brain and lead to nervous-system challenges and cognitive and emotional impairments.
The lawsuit is seeking monetary relief and a court order to force the MDOC to make the prison safe. It has already attracted much attention, and has been covered by the Detroit News, the Detroit Free Press, and Detroit ABC WXYZ.
Plaintiffs are represented by Rebekah Bailey, Matthew Morgan, and Nicole Schladt. Nichols Kaster is working together with Marko Law, Pitt McGehee, Steingold Law, and Excolo Law. The attorneys also represent a putative class of women impacted by the reoccurring scabies outbreaks at WHV.
For further information, please contact our clerk Jake Smith at 612-256-3253.
Attorneys
Staff
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Am I Eligible?
As this case is only seeking injunctive relief on behalf of the class, you are eligible to be part of this case only if you are still currently incarcerated at WHV and have been harmed as a result of the inadequate ventilation or mold. However, even if you are no longer incarcerated, you may still be eligible to be part of our other case against WHV related to the scabies outbreak if you suffered from scabies. You can find more information about that case here.
If you have questions about whether you are eligible, contact us.
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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 James Cook – jcook@nka.com.
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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.
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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.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.