Glover v. Johnson, Civ. A. No. 77-71229

• Decision Date: 06 April 1981
• Docket Number: 77-72557.,Civ. A. No. 77-71229
• Parties: Mary GLOVER et al., Plaintiffs, v. Perry JOHNSON, as Director of Michigan Department of Corrections, et al., Defendants. Charmaine L. CORNISH and Georgia D. Manzie, individually and on behalf of all others similarly situated, Plaintiffs, v. Perry JOHNSON, Director of the Michigan Department of Corrections, Lansing, Michigan; and Gloria J. Richardson, Superintendent, Huron Valley Women's Facility, Ypsilanti, Michigan, jointly and severally, Defendants.
• Court: U.S. District Court — Western District of Michigan

510 F. Supp. 1019

Mary GLOVER et al., Plaintiffs, v. Perry JOHNSON, as Director of Michigan Department of Corrections, et al., Defendants.

Charmaine L. CORNISH and Georgia D. Manzie, individually and on behalf of all others similarly situated, Plaintiffs, v. Perry JOHNSON, Director of the Michigan Department of Corrections, Lansing, Michigan; and Gloria J. Richardson, Superintendent, Huron Valley Women's Facility, Ypsilanti, Michigan, jointly and severally, Defendants.

Civ. A. Nos. 77-71229, 77-72557.

United States District Court, E. D. Michigan, S. D.

April 6, 1981.

Georgia Manzie, in pro. per.

Judith Magid, Wayne County Neighborhood Legal Services, Detroit, Mich., Charlene Snow, Michigan Legal Services, Detroit, Mich., for plaintiffs.

Keith D. Roberts, Asst. Atty. Gen., Corrections Div., Lansing, Mich., for defendants.

FINAL ORDER

FEIKENS, Chief Judge.

In an opinion issued October 17, 1979, I found that the rehabilitation opportunities available to the State's women prisoners were substantially inferior to those available to the State's male prisoners; that implementation of a legal studies course was necessary to guarantee the women inmates' right of access to the courts; and that the use of the Kalamazoo County Jail for housing female prisoners is proscribed by state statute and regulation. On October 26, 1979, I entered an order setting forth in general terms the remedies the State would be required to implement and requiring it to submit for court approval its plan detailing the steps to be taken to comply with the Order. Following submission of the State's plan on January 2, 1980, and of the response filed by plaintiffs, conferences were held to work out an acceptable program with input from both sides and other resource persons.

This Final Order is the culmination of lengthy negotiations, and its provisions have been arrived at by agreement of counsel for the parties. It is approved by the Court after notice and an opportunity for hearing has been extended to all members of the class. It incorporates various interim orders. This Final Order does not address, however, the remedy to be provided for in a vocational testing and counseling program; it is being presently developed and, after approval by the Court, will be incorporated in a supplemental final order. Similarly, this Final Order does not resolve the issues of individual damages for plaintiffs Cornish and Manzie, and the award of attorneys' fees for plaintiffs' counsel, and reconsideration of the work pass program; these matters, as they are resolved, will be incorporated likewise in a supplemental final order.

The Court retains jurisdiction until it is satisfied that the terms of the Orders have been complied with in all respects. Each heading, hereafter, relates to a specific remedy:

I. Associate Degree Program

IT IS ORDERED that the State provide a post-secondary education program comparable to that available to male inmates to as many of the qualified inmates at the Huron Valley Women's Facility (Huron Valley) as desire to participate;

that the course selection be made by officials of the Department of Corrections and representatives of the cooperating educational institutions in order to provide a systematic and coherent course package which, when successfully completed, culminates in the receipt of an Associate's Degree;

that the Associate Degree be such that it will enable entry into a four-year college program;

that the State make such efforts as are required to eliminate scheduling conflicts between courses, provide all required course materials, including textbooks, reference books and any other materials necessary to fulfill the course requirements in cooperation with the educational institution involved, and furnish transportation for qualified inmates attending courses taught at cooperating educational institutions, consistent with the reasonable requirements of security and cost; and otherwise to take such action as will promote the achievement of the goal of parity of educational programming offered male and female prisoners;

that if any course deficiencies remain after a student, during her residence at Huron Valley Women's Facility, has completed all other courses available at the facility towards one of the Associate degrees offered, the Department will transport women who meet the qualifications in the Huron Valley Women's Facility Policy Directive for "off-grounds privileges," which are set forth at Section VIII, infra, to the campus of Washtenaw Community College for the purpose of taking required courses not available at the facility; and further, that if several students indicate to the College Coordinator at Huron Valley Women's Facility an interest in taking a particular course available only at the campus of Washtenaw Community College, and the scheduling of that course is compatible with the availability of security personnel, then those women will also be transported to the campus of Washtenaw Community College, provided they meet the above-stated requisite security classification;

that defendants will be responsible for assuring that an academic counselor from Washtenaw Community College, or any other community college providing classes at Huron Valley, be available to inmates several days prior to registration for each semester. At the beginning of each new term, defendants will be responsible for assuring that Washtenaw Community College formalize and publish a list of the courses necessary to obtain an Associate's degree in the areas of study which are available to the women at Huron Valley Women's Facility.

II. Bachelor Degree

IT IS ORDERED that the State, while not obligated to provide a four-year baccalaureate program at Huron Valley Women's Facility, shall assist and cooperate in the establishment and operation (including the provision of space) of a baccalaureate program which any four-year college desires to offer women inmates; and in no way shall that assistance be less than that provided to colleges offering baccalaureate programs at men's prisons.

III. Apprenticeship

The Standards of Apprenticeship compiled by the Huron Valley Women's Facility Multi-Crafts Joint Apprenticeship and Training Committee ("Committee"), which were put into written form and agreed to on October 2, 1980, are hereby incorporated. This document is to be registered with the United States Department of Labor Bureau of Apprenticeship and Training within three months of the signing of this Order.

IT IS FURTHER ORDERED that quarterly progress reports on the activities of the Committee are to be submitted to the Court and counsel for plaintiffs for five years from the entry of this Order or until such time as the Court finds defendants are in compliance with this Order, and that an apprenticeship program with women inmates apprenticed to each of the five crafts set forth in the above-mentioned document shall be operational within six months of this Order.

IT IS FURTHER ORDERED that defendants shall take whatever steps are necessary to ensure compliance with the apprenticeship standards adopted.

IT IS FURTHER ORDERED that the Department immediately undertake the responsibility of informing prisoners of the nature of apprenticeship, how to become involved in the Apprenticeship Program at Huron Valley Women's Facility, and what trades are being apprenticed at the prison. This effort is to be done in conjunction with the Joint Apprenticeship Committee.

IV. Prison Industry

A. The Interim Order of this Court regarding prison industries, issued April 8, 1980, is hereby incorporated. It requires that:

1. The Department of Corrections shall establish a prison industry at Huron Valley Women's Facility by January 1982.

a. Such industry shall include the manufacture of license plate tabs and chair cushions.

b. Development of these two industries is not to preclude the expansion of prison industry at Huron Valley Women's Facility into other areas which include apprenticeable trades.

c. The establishment of these two prison industries shall not affect the implementation of an apprenticeship program at Huron Valley Women's Facility.

B. The Interim Order of this Court on the subject of interim industry wages, issued September 8, 1980, is hereby incorporated. It requires that:

1. As interim relief, the Defendants will pay a sum of money, designated as interim industry wages, into a trust fund to be established for the benefit of women prisoners in Michigan.

2. The use of the trust is to be outlined in a future Order to this Court.

3. The formula for determining the amount of money paid into the trust will be as follows:

a. A base wage of $2.85 per day will be used. That is derived from subtracting the average prison wage of 65 cents per day from the $3.50 per day wage paid to workers in the license plate tab industry.

b. Payments are to be retroactive to January 1980, and continue at least 8 quarters, or until such time as a full industry program is operating at Huron Valley.

c. Payments are to be based on the wages that would have been earned by thirty (30) women prisoners if an industry program had been operating at Huron Valley.

d. The amount per quarter equals five thousand five hundred and fifty-seven dollars and fifty cents. ($5,557.50).

e. In addition to this base amount, bonuses shall be paid for the thirty positions in the same manner as they are paid to men in the industry program.

f. Defendants are to make a payment covering 3 quarters so that the trust fund can be established.

C. The Interim Order of this Court establishing a trust fund for women prisoners in Michigan, issued September 29, 1980, is hereby incorporated. It requires that:

1. A trust fund for the benefit of women prisoners in Michigan is to be established as set forth in the attached instrument. Appendix A.

2. Defendants are to make payments into the trust fund in the manner designated in the Interim Order of this Court, dated September 5, 1980

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