Mdoc

Judge Swartzs judicial attorney, JoAnne Barron, conducted a telephone conference with the attorneys on Monday, November 19 at 10:00 a.m. The exact date has not yet been established by the Court. The Trial will be limited to whether or not the MDOC violated the Elliott-Larsen Civil Rights Act by implementing the BFOQs. If it is determined that the B... FOQs violated the Elliott-Larsen Civil Rights Act, another trial will be held in June to determine the damages to the members. That trial will be held in June. The Court has suggested that the parties consider a bench trial on the issue of violation of the Elliott-Larsen Civil Rights Act rather than a jury trial to expedite resolution. Mr. Lenhoff and I are considering that suggestion. We will be having a follow up call with the judicial attorney on December 3, 2018 at 10:00 a.m. On Wednesday, February 8, the Court of Appeals held oral argument on MDOCs appeal of the Court of Claims dismissal of our requests for an injunction and declaratory relief. Recall that we sought dismissal so that we could proceed to trial on our claim for money damages in the Washtenaw County Circuit Court. Accordingly, we asked the Court of Appeals to affirm the Court of Claims dismissal. The oral argument went very well with the judges uncharacteristically tipping their hand that they were going to rule for us. We will not know for sure that they ruled for us until we receive their written opinion which should be issued shortly. When I receive that opinion, I will post it for all to see. Should the Court of Appeals rule for us that does not necessarily mean onto trial in the Washtenaw County Circuit Court. MDOC has the right to appeal the Court of Appeals decision to the Michigan Supreme Court. The odds of the Supreme Court taking the case are very small. However, the case will remain stayed until the Supreme Court rejects the appeal. This would be another way that the department could continue to delay the ultimate judgement day in Washtenaw County Circuit Court. Delay has been MDOCs ...Read More