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
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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.
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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.
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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.
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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.
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