792 F.Supp. 527 (E.D.Mich. 1992), 80-CV-73581, Hadix v. Johnson
|Citation:||792 F.Supp. 527|
|Party Name:||Everett HADIX, et al., Plaintiffs, v. Perry JOHNSON, et al., Defendants.|
|Case Date:||June 05, 1992|
|Court:||United States District Courts, 6th Circuit, Eastern District of Michigan|
Patricia A. Streeter, Michael J. Barnhart, Detroit, Mich., for plaintiffs.
Thomas C. Nelson, Asst. Atty. Gen., Corrections Div., Lansing, Mich., for defendants.
ORDER OF TRANSFER
FEIKENS, District Judge.
At a hearing held May 1, 1992, I denied, without prejudice, plaintiffs' motion to adopt the mental health orders entered in USA v. Michigan, File No. 1:84:CV:63, Honorable Richard A. Enslen, United States District Judge for the Western District of Michigan. I likewise denied, without prejudice, defendants' motion for this court to relinquish control and supervision of the mental health provisions of the Hadix Consent Decree. 1 Pursuant to 28 U.S.C. § 1404(a), I now ORDER that the medical and mental health provisions of the Hadix Consent Decree (Section II), be TRANSFERRED to Judge Enslen for further proceedings as he deems appropriate.
In 1984 the Hadix plaintiffs were granted amicus curiae status in the USA case, and since that time have monitored compliance with the Hadix mental health provisions by their involvement in that case. I find that by tacit understanding the Hadix parties did not pursue the mental health provisions of the Hadix Consent Decree before this court because those issues were being dealt with by Judge Enslen in the USA case. I now find that for the sake of uniformity, and in the hope of attaining finality, Judge Enslen should have jurisdiction over the mental health provisions (Section II.B.) of the Hadix Consent Decree. I also find that the medical health provisions (Section II.A.) of the Hadix Consent Decree are so intertwined with the mental health provisions that all of Section II should be transferred to Judge Enslen.
Section II of the Hadix Consent Decree is entitled "Health Care." Subsection A is entitled "Medical Care," and subsection B is entitled "Mental Health Care." It is important to note that medical care and mental health care both fall under the more general rubric of health care. The two sections are more intertwined than that, however. In the Medical Care subsection, Section II.A. 2 provides for the construction of a hospital facility adequate to meet inmates' medical and mental health needs. Section...
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