Case 2:15-cv-13852-AJT-MKM ECF No. 141 filed 01/03/18 PageID.3891 Page 1 of 39 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN DOE 1; JOHN DOE 2; JOHN DOE 3; JOHN DOE 4; JOHN DOE 5; JOHN DOE 8; JOHN DOE 9; JOHN DOE 10 and JOHN DOE 12, No. 2:15-cv-13852 Plaintiffs, HON. ARTHUR J. TARNOW vs. MAG. MONA K. MAJZOUB DUSTIN ANDERSON; SCOTT ARP; NOAH THIRD AMENDED BEESLEY; ADAM COBURN; SERGEANT COMPLAINT CONKLIN; CO DESCHAINE; JASON ERWAY; CHARLES GOLLNAST; MICHAEL HALL; CO HAMMER; DUANE HEYRMAN; TAMI HOOGEWIND; ERIK JACOBSON; EDWARD JURANEK; JOSEPH MARTENS; CO MCLEOD; CODY PENNELL; AIMEE ROGERS; CO ROSS; CO SHERWOOD; RONALD STAMBAUGH; GRETCHEN WALTERS; SCOTT SCHOOLEY; GARY STUMP; MATTHEW WARD; WARDEN KENNETH MCKEE; and HEIDI WASHINGTON, Director, Michigan Department of Corrections, (Defendant Washington is named in her official capacity), Defendants. DEBORAH LaBELLE (P31595) JENNIFER B. SALVATORE RICHARD A. SOBLE (P20766) ANLYN ADDIS (P76568) (P66640) SOBLE ROWE KRICHBAUM, LLP Attorneys for the Plaintiffs SARAH S. PRESCOTT (P70510) Attorneys for Plaintiffs 221 N. Main St., Ste. 300 NAKISHA N. CHANEY (P65066) 302 E. Liberty Street Ann Arbor, MI 48104 Salvatore Prescott & Porter, PLLC Ann Arbor, MI 48104 (734) 996-5620 Attorneys for the Plaintiffs (734) 996-5600 [email protected] 105 E. Main Street [email protected] [email protected] Northville, MI 48167 Phone: (248) 679-8711 [email protected] [email protected] [email protected] Case 2:15-cv-13852-AJT-MKM ECF No. 141 filed 01/03/18 PageID.3892 Page 2 of 39 MICHAEL L. PITT (P24429) MICHAEL F. MURPHY (P29213) PEGGY GOLDBERG PITT (P31407) MICHAEL R. DEAN (P71333) CARY S. McGEHEE (P42318) ADAM L.S. FRACASSI (P79546) Attorneys for the Plaintiffs Assistant Attorneys General Attorneys 117 W. 4th St., Ste. 200 for Defendants Royal Oak, MI 48067 P.O. Box 30736 (248) 398-9800 Lansing, Michigan 48909 [email protected] (517) 373-6434 [email protected] [email protected] [email protected] [email protected] [email protected] THIRD AMENDED COMPLAINT Plaintiffs, through their attorneys, submit this Third Amended Complaint and state the following: INTRODUCTORY STATEMENT 1. During the spring of 2013, Plaintiffs, youth under the age of 18 housed in adult prisons in Michigan, participated in an inquiry conducted by the Inter- American Commission on Human Rights, which resulted in a hearing focused on the violations of human rights of Michigan children held in adult prisons. John Doe 1 testified at the hearing via a video conference tape and written submission. Following the exposure of the mistreatment of youth in Michigan facilities, these Plaintiffs filed litigation, on behalf of themselves and as class representatives on behalf of children confined in adult prisons operated by the Michigan Department of Corrections (MDOC), alleging sexual and physical abuse by adult prisoners and MDOC staff. 2 Case 2:15-cv-13852-AJT-MKM ECF No. 141 filed 01/03/18 PageID.3893 Page 3 of 39 2. On October 15, 2013 and December 9, 2013, Plaintiffs engaged in protected activity by exercising their 1st and 6th Amendment rights to file civil rights litigation against the MDOC, supervisory officials and Wardens in federal and state court, in the Washtenaw Circuit Court, Case No. 13-1196-CZ and in Federal Court in the Eastern District of Michigan, Case No. 13-14356. 3. Due to the personal nature of the allegations involving rapes and sexual abuse of Plaintiffs by MDOC staff and other prisoners as incarcerated youth, and the specter of retaliation by both staff and adult prisoners for public disclosure of the abuse, the state and federal courts issued orders allowing Plaintiffs to proceed anonymously as John Does. Protective Orders were also issued in the state court action limiting the disclosure of Plaintiffs’ names to specific circumstances that would allow Defendants to defend the litigation. 4. Despite these orders allowing Plaintiffs to proceed anonymously, there was a pattern and practice by the Defendants of disclosing Plaintiffs’ identities to MDOC staff and other prisoners as a retaliatory action that subjected Plaintiffs to threats, physical injury, severe emotional distress, and further retaliatory actions for their participation in the class action litigation addressing abuse of youthful prisoners. 3 Case 2:15-cv-13852-AJT-MKM ECF No. 141 filed 01/03/18 PageID.3894 Page 4 of 39 5. The disclosure of Plaintiffs in a manner that subjected them to further abuse and harm was part of a concerted effort to deter Plaintiffs and other class members from participating in this litigation. 6. Defendants engaged in retaliatory acts against Plaintiffs for exposing the abuse of youth by MDOC staff or abuse which MDOC staff, including Defendants, facilitated or failed to intervene to prevent. The retaliation included retaliatory transfers, prolonged isolation, destruction of legal and other property, denial of visits, false misconduct tickets, excessive and destructive room searches, verbal harassment and threats, excessive pat-downs, interference with attorney communications, knowingly placing Plaintiffs in situations likely to cause them harm, and intentional disclosure of Plaintiffs’ identities within the prison system, making them more vulnerable to abuse. 7. Each of the Defendants have initiated, facilitated, and/or participated in the retaliation experienced by Plaintiffs. 8. Plaintiffs bring this Complaint seeking damages and injunctive relief for violations of their First Amendment rights. JURISDICTION AND VENUE 9. This Complaint arises from retaliation experienced by Plaintiffs at MDOC facilities located in Jackson, Macomb, Gratiot, Lapeer, Ionia, Manistee, and Baraga counties, where Plaintiffs have been housed at various times. 4 Case 2:15-cv-13852-AJT-MKM ECF No. 141 filed 01/03/18 PageID.3895 Page 5 of 39 10. This Court has jurisdiction over Plaintiffs’ claims under 28 U.S.C. §§1331 and 1343 and pursuant to 42 U.S.C. §1983. This action arose under the First Amendment to the United States Constitution. 11. Joinder of the parties is appropriate pursuant to Fed. R. Civ. Pro. 19 and/or 20. 12. The amount in controversy in this case exceeds $75,000. 13. Venue is appropriate in this court under 28 U.S.C. §1391(b) because a Defendant resides in this District, and some of the events and occurrences occurred in this District. PARTIES A. PLAINTIFFS 14. Plaintiffs are citizens of the United States and at all relevant times were children when they were placed in facilities under the jurisdiction of the MDOC. Plaintiffs brought legal claims initiated in 2013 on behalf of themselves and a class of youthful prisoners held in adult correctional facilities under the jurisdiction of the Michigan Department of Corrections against the Governor, the Michigan Department of Corrections and its supervisors and wardens. 15. Plaintiffs were retaliated against by Defendants for their participation in the litigation, which challenged the sexual and physical abuse and neglect by MDOC staff and sexual and physical abuse at the hands of adult prisoners. 5 Case 2:15-cv-13852-AJT-MKM ECF No. 141 filed 01/03/18 PageID.3896 Page 6 of 39 16. Plaintiffs are all currently incarcerated in MDOC facilities. B. DEFENDANTS 17. Defendants are corrections officers and other MDOC officials who engaged in retaliatory conduct against one or more of the Plaintiffs because of Plaintiffs’ exercise of protected conduct—filing and participation in litigation against the MDOC. The retaliation occurred at the following MDOC facilities: Robert G. Cotton Correctional Facility (“Cotton”); Oaks Correctional Facility (“Oaks”); Bellamy Creek Correctional Facility (“Bellamy Creek”); Ionia Maximum Correctional Facility (“IMAX”); Macomb Correctional Facility (“Macomb”); Michigan Reformatory (“Michigan Reformatory”); St. Louis Correctional Facility (“St. Louis”); Alger Correctional Facility (“Alger”); and Baraga Correctional Facility (“Baraga”). 18. Defendant Anderson, Corrections Officer at Bellamy Creek, engaged in unlawful retaliation against John Doe 5. 19. Defendant Arp, Corrections Officer at Bellamy Creek, engaged in unlawful retaliation against John Does 1, 5, 8 and 10. 20. Defendant Beesley, Corrections Officer at Baraga, engaged in unlawful retaliation against John Doe 12. 21. Defendant Coburn, Corrections Officer at Bellamy Creek, engaged in unlawful retaliation against John Does 1, 5, 8 and 10. 6 Case 2:15-cv-13852-AJT-MKM ECF No. 141 filed 01/03/18 PageID.3897 Page 7 of 39 22. Defendant Conklin, Sergeant at IMAX, engaged in unlawful retaliation against John Doe 12. 23. Defendant Deschaine, Corrections Officer at Baraga, engaged in unlawful retaliation against John Doe 12. 24. Defendant Erway, ARUS at Oaks, engaged in unlawful retaliation against John Doe 8. 25. Defendant Gollnast, Corrections Officer at Macomb, engaged in unlawful retaliation against John Doe 4. 26. Defendant Hall, Corrections Officer at Bellamy Creek, engaged in unlawful retaliation against John Doe 3. 27. Defendant Hammer, Corrections Officer at Bellamy Creek, engaged in unlawful retaliation against John Doe 3. 28. Defendant Heyrman, Corrections Officer at Baraga Correctional Facility, engaged in unlawful retaliation against John Doe 12. 29. Defendant Hoogewind, Corrections Officer at Michigan Reformatory, engaged in unlawful retaliation against John Doe 2. 30. Defendant Jacobson, Corrections Officer at Baraga, engaged in unlawful retaliation against John Doe 12. 31. Defendant Juranek, Corrections Officer at Alger, engaged in unlawful retaliation against John Doe 9. 7 Case 2:15-cv-13852-AJT-MKM ECF No. 141 filed 01/03/18 PageID.3898 Page 8 of 39 32. Defendant Martens, Corrections Officer at IMAX, engaged in unlawful retaliation against John Does 2 and 12. 33. Defendant McLeod, Corrections Officer at IMAX, engaged in unlawful retaliation against John Doe 2. 34. Defendant Pennell, Corrections Officer at St. Louis, engaged in unlawful retaliation against John Doe 3. 35. Defendant Rogers, ARUS at Michigan Reformatory, engaged in unlawful retaliation against John Doe 2. 36. Defendant Ross, Corrections Officer at Bellamy Creek, engaged in unlawful retaliation against John Doe 5.