Case: Johnson v. Heffron

U.S. Court of Appeals for the Sixth Circuit

REPORT (Draft) by defendant Kent, County of issued 11/20/89 of the Kent County Criminal Justice System Study by David M. Bennett in association w/Dr. LRobin C. Ford and Dennis R. Liebert (rlw) (Entered: 02/13/1990)

FINAL REPORT by defendant Kent, County of issued 1/15/90 for the Kent County Criminal Justice System Study by David M. Bennett in association w/Dr. Robin C. Ford and Dennis R. Liebert (rlw) (Entered: 02/13/1990)

STIPULATION AND ORDER (2 pages) by Judge Richard A. Enslen to Amend Partial Consent Judgment dated 8/6/85 : (cc: all counsel) (rlw) (Entered: 02/15/1990)

PROCEEDING before Judge Richard A. Enslen held on 5/17/90 at 2:30 p.m.; update court, discussion between parties, on how Kent County plans to use/implement consultant's recommendations (dkm)

LETTER dated 8/20/90 to Judge Richard A. Enslen from Philip J. Heffron, Sheriff of Kent County Sheriff's Dept. pursuant to Judge Enslen's Court Order of 8/6//85 and indicating "if the general population of the Kent County Correctional Facility is not reduced to 90% of the rated design capacity (525) by 5:00 p.m., Tuesday, August 21, 1990, there shall be an additional deferment of acceptance for incarceration into this facility." and "all persons sentenced or otherwise committed hereto for misdemeanor or ordinance violations, and/or Civil Contempt for child support would be deferred until such time as the daily population is reduced to 90% of the current designed capacity" (dkm) (Entered: 09/08/1990)

LETTER to Judge Richard A. Enslen from Philip J. Heffron, Sheriff of Kent County Sheriff's Dept. indicating that population as of 8/21/90 @ 5:00 p.m. exceeded the Federal Court ordered capacity of 90% (525) & is now deferring misdemeanors and civil contempt after arraignment in order to keep the population reduced to 525 inmates (dkm) (Entered: 09/08/1990)

LETTER to court from defendants (Jon F. DeWitt, Attorney) re Paragraph 8 of the amendment to the Partial Consent Judgment (rlw) (Entered: 09/11/1990)

REPORTS & LETTERS (STATUS REPORT) by defendants for a period of time from 2/27/89 thru 8/1/90 concerning jail capacity (rlw) (Entered: 09/11/1990)

HOUSING REPORT (STATUS REPORT) by defendants for the month of August, 1990 (rlw) (Entered: 09/11/1990)

HOUSING REPORT (STATUS REPORT) by defts (Michigan Department of Corrections) for the month of September, 1990 (dkm) (Entered: 10/11/1990)

MONTHLY HOUSING REPORT (STATUS REPORT) by defts (Michigan Department of Corrections) for the Month of October, 1990 (dkm) (Entered: 11/06/1990)

MONTHLY HOUSING REPORT (STATUS REPORT) by defts (Michigan Department of Corrections) for the month of November, 1990 (lkd) (Entered: 12/13/1990)

MONTHLY HOUSING REPORT (STATUS REPORT) by deft (Michigan Dept. of Corrections) for the month of December, 1990 (dkm) (Entered: 01/17/1991)

MONTHLY HOUSING REPORT (STATUS REPORT) by defendant Michigan Department of Corrections for the month of March, l99l (rlw) (Entered: 04/19/1991)

MONTHLY HOUSING REPORT (STATUS REPORT) by Michigan Dept. of Corrections for the month of April, 1991 (dkm) (Entered: 05/21/1991)

MONTHLY HOUSING REPORT (STATUS REPORT) by the Michigan Dept. of Corrections for the month of May, 1991 (dkm) (Entered: 06/22/1991)

MONTHLY HOUSING REPORT (STATUS REPORT) by the Michigan Dept. of Corrections for the month of June, 1991 (dkm) (Entered: 07/22/1991)

MONTHLY HOUSING REPORT (STATUS REPORT) by Michigan Department of Corrections for the month of July, 1991 (dkm) (Entered: 08/14/1991)

MONTHLY HOUSING REPORT (STATUS REPORT) by the Michigan Department of Corrections for the month of August, 1991 (dkm) (Entered: 09/12/1991)

MONTHLY HOUSING REPORT (STATUS REPORT) by the Michigan Department of Corrections for the month of October, l99l (rlw) (Entered: 10/08/1991)

MONTHLY HOUSING REPORT (STATUS REPORT) by the Michigan Department of Corrections for the month of October, 1991 (dkm) (Entered: 11/14/1991)

STATUS REPORT by defendant Kent County regarding their ongoing efforts to address the overcrowding problems which exist at the Kent County Corrections Facility w/attached copy of Kent County's l99l Comprehensive Community Corrections Plan (rlw) (Entered: 11/19/1991)

MONTHLY HOUSING REPORT (STATUS REPORT) by MI Dept. of Corrections for Kent County Correctional Facility for the month of November, 1991 (dkm) (Entered: 02/25/1992)

Remark: original housing report for the month of November, 1991 was found in the file on 2/25/92 (docketed on 2/25/92 and assigned dkt. #155) (dkm)

MONTHLY HOUSING REPORT (STATUS REPORT) by Michigan Dept. of Corrections for Kent County Correctional Facility for the month of December, 1991 (cover letter incorrectly states "for the month of January, 1992") (dkm) Modified on 02/25/1992 (Entered: 01/24/1992)

MONTHLY HOUSING REPORT (STATUS REPORT) by MI Dept. of Corrections for the Kent County Correctional Facility for the month of January, 1992 (dkm) (Entered: 02/25/1992)

MONTHLY HOUSING REPORT (STATUS REPORT) by MI Dept. of Corrections for the Kent County Correctional Facility for the month of February, 1992 (dkm) (Entered: 03/21/1992)

MONTHLY HOUSING REPORT (STATUS REPORT) by Michigan Dept. of Corrections for the Kent County Correctional Facility for the month of March, 1992 (dkm) (Entered: 04/10/1992)

MONTHLY HOUSING REPORT (STATUS REPORT) by the Michigan Dept. of Corrections for the month of April, 1992 (dkm) (Entered: 05/19/1992)

MONTHLY HOUSING REPORT (STATUS REPORT) by defendant Kent County for the month of May, l992 (rlw) (Entered: 06/16/1992)

MONTHLY HOUSING REPORT (STATUS REPORT) by deft Kent County for the Michigan Dept. of Corrections for the month of June, 1992 (dkm) (Entered: 07/07/1992)

MONTHLY HOUSING REPORT (STATUS REPORT) by deft Kent County for the Michigan Dept. of Corrections for the month of July, 1992 (dkm) (Entered: 08/12/1992)

MONTHLY HOUSING REPORT (STATUS REPORT) by deft Kent County for the Michigan Dept. of Corrections for the month of September, 1992 (dkm) (Entered: 10/09/1992)

LETTER to Judge Enslen regarding population report for the Kent County Correctional Facility for the month of 10/92 w/attachment (lcb) (Entered: 11/16/1992)

POPULATION REPORT (STATUS REPORT) by defendant Kent County foar the Kent County Correctional Facility for the month of November 1992 (rlw) (Entered: 12/28/1992)

MONTHLY HOUSING REPORT (STATUS REPORT) by deft Kent County for the Michigan Dept. of Corrections for the month of December, 1992 (dkm) (Entered: 01/11/1993)

MONTHLY HOUSING REPORT (STATUS REPORT) by deft Kent County for the MDOC for the month of January 1993 (tlb) (Entered: 02/05/1993)

POPULATION REPORT (STATUS REPORT) by defendant for the Kent County Correctional Facilitly for the month of February, 1993 (rlw) (Entered: 03/30/1993)

POPULATION REPORT (STATUS REPORT) by defendant Kent County for the Kent County Correctional Facilitly for the montoh of March, 1993 (rlw) (Entered: 04/12/1993)

POPULATION REPORT (STATUS REPORT) by defendant for Kent County Correctional Facility for the month of April, 1993 (rlw) (Entered: 05/11/1993)

MONTHLY HOUSING REPORT (STATUS REPORT) by defendants for May 1993 (rlw) (Entered: 06/10/1993)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the Kent County Correctional Facility for the month of June, l993 (rlw) (Entered: 07/22/1993)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the Kent County Correctional Facility for the month of July, 1993 (rlw) (Entered: 08/18/1993)

POPULATION REPORT (STATUS REPORT) by defendant Kent County for the Kent County Correctional Facility for the month of November 1993 (rlw) (Entered: 12/28/1993)

POPULATION REPORT (STATUS REPORT) by defendant Kent County for the Kent County Correctional Facility for the month of December, 1993 (rlw) (Entered: 01/25/1994)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the month of February, 1994 (rlw) (Entered: 03/11/1994)

POPULATION REPORT (STATUS REPORT) by defendant County ofKent for the Kent County Correctional Facility for the month of March, 1994 (rlw) (Entered: 04/15/1994)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the month of April, 1994 (rlw) (Entered: 05/17/1994)

ORDER rejecting pleading (1 pg) by Magistrate Judge Doyle A. Rowland returning to defts the May 1994 Population Report pursuant to FRCP Rule 10 that every pleading shall contain a caption setting forth name of the court, the title of the action, the file number (cc: all counsel) (rlw) (Entered: 07/15/1994)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the months of May and June, 1994 (rlw) (Entered: 08/02/1994)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the month of July, 1994 (rlw) (Entered: 09/01/1994)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent (rlw) (Entered: 09/15/1994)

MOTION by defendants County of Kent, Phillip Heffron for relief from judgment w/brief in support, Exhibits 1-18 (rlw) (Entered: 10/05/1994)

MOTION by defendants County of Kent, Phillip Heffron for relief from the Partial Consent Judgment entered in 1981 w/proof of service (rlw) Modified on 10/25/1994 (Entered: 09/28/1994)

MOTION by plaintiffs to extend time until 10/14/94 to file a response to defts' motion for relief from judgment w/brief in support, proof of service (rlw) (Entered: 10/05/1994)

ORDER (2 pgs) by Magistrate Judge Doyle A. Rowland granting pltfs' motion to extend time until 10/14/94 to file a response to defts' motion for relief from judgment [186-1] (cc: all counsel) (rlw) (Entered: 10/05/1994)

PROOF OF SERVICE by defendants County of Kent and Phillip Heffron for pldg. No. 185 (rlw) (Entered: 10/05/1994)

ORDER REJECTING PLEADING (1 pg) by Magistrate Judge Doyle A. Rowland - rejecting pltfs' response to defts' motion for relief from judgment for failing to supply a judges copy pursuant to Local Rule 24(c) (cc: all counsel) (rlw) (Entered: 10/20/1994)

RESPONSE by plaintiffs to defts' motion for relief from judgment [185-1] w/proof of service (rlw) (Entered: 10/25/1994)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the month of September 1994 (rlw) (Entered: 10/26/1994)

POPULATION REPORT (STATUS REPORT) by County of Kent for November, 1994 (rlw) (Entered: 12/08/1994)

POPULATION REPORT (STATUS REPORT) for Kent county correctional Facility for the month of December, 1994 (rlw) (Entered: 01/26/1995)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the Kent County Correctional Facility for the month of January 1995 (rlw) (Entered: 02/06/1995)

OPINION (5 pgs) by Judge Richard A. Enslen (cc: all counsel) (rlw) (Entered: 03/23/1995)

ORDER (1 pg) by Judge Richard A. Enslen in accordance w/opinion denying defts' motion for relief from the Partial Consent Judgment entered in 1981 [184-1], and denying defts' motion for relief from judgment [185-1] (cc: all counsel) (rlw) (Entered: 03/23/1995)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the Kent County Correctional Facility for the month of February 1995 (rlw) (Entered: 03/31/1995)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the month of April 1995 (rlw) (Entered: 05/11/1995)

MOTION (RENEWED) by defendants to vacate partial consent judgment w/brief in support, Exhibits A-B, 2, proof of service (rlw) (Entered: 05/19/1995)

STIPULATION for enlargement of time until 6/19/95 to file a response to defts' motion to vacate partial consent judgment [199-1] w/proof of service (rlw) (Entered: 06/07/1995)

OPPOSITION by plaintiffs to defts' renewed motion to vacate partial consent judgment [199-1] w/attachments, proof of service (rlw) (Entered: 06/20/1995)

POPULATION REPORT (STATUS REPORT) by defendant for the month of June, 1995 (rlw) (Entered: 06/27/1995)

REPLY by defendants to pltfs' response to defts' motion to vacate partial consent judgment [199-1] w/proof of service (rlw) (Entered: 06/30/1995)

OPINION (4 pgs) by Chief Judge Richard A. Enslen (cc: all counsel) (tlb) (Entered: 07/06/1995)

ORDER (1 pg) by Chief Judge Richard A. Enslen in accordance w/opn entered this date denying motion to vacate partial consent judgment [199-1] (cc: counsel) (tlb) (Entered: 07/06/1995)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the month of June, 1995 (rlw) Modified on 08/26/1999 (Entered: 07/18/1995)

NOTICE OF APPEAL to Circuit Court by defts Kent, County of, Phillip Heffron [205-1] re: decision entered on 07/06/95 (tlb) (Entered: 07/21/1995)

RECEIPT #032016 in the amount of $105.00 submitted by Kent, County of, Phillip Heffron for CCA filing fee (tlb)

MAILED information copies to CCA consisting of Notice of Appeal, docket sheet and order #205 (cc: District Judge and all counsel) (tlb)

TRANSCRIPT ORDER Form from appellant's atty indicating there were no hrgs held (tlb) (Entered: 07/31/1995)

TRANSMISSION FORM showing notice of appeal [207-1] filed by CCA on 08/07/95 and assigned CCA #95-1836 (tlb) (Entered: 08/15/1995)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the month of July, 1995 (rlw) (Entered: 08/25/1995)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the month of August, 1995 (rlw) (Entered: 10/10/1995)

POPULATION REPORT (STATUS REPORT) by defendant Kent County for the Kent County Correctional Facility for the month of September, 1995 (rlw) (Entered: 12/05/1995)

POPULATION REPORT (STATUS REPORT) by defendant Kent County for the Kent County Correctional Facility for the month of October 1995 (rlw) (Entered: 12/05/1995)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the month of November, 1995 (rlw) (Entered: 01/30/1996)

POPULATION REPORT (STATUS REPORT) by defendant County of Kent for the month of December, 1995 (rlw) (Entered: 01/30/1996)

LETTER to court from defendant (James R. Dougan, Sheriff) advising that the population at the Kent Count Jail has exceed 95% of the designated capacity; requesting that the Court eliminate the need for further implementation of the court-ordered release mechanism (rlw) (Entered: 03/15/1996)

MAILED record on appeal to CCA re: appeal [207-1] consisting of five volumes of pleadings, six volumes of transcripts and four oversized pleadings (cc: all counsel) (rlw)

LETTER to court from deft County of Kent Sheriff's Office advising of the delay in filing the Population Reports for Kent County correctional Facility (rlw) (Entered: 05/07/1996)

TRANSMISSION FORM showing record of appeal [207-1] filed by CCA on 4/19/96 and assigned CCA # 95-1836 consisting of five volumes of pleading, six volumes of transcripts and 6 pleadings (oversized) (rlw) (Entered: 05/10/1996)

INFORMATION copy from CCA reversing judgment/order [0-0] re: CCA #95-1836 appeal [207-1] (tlb) (Entered: 07/15/1996)

SLIP OPINION from CCA re: CCA # 95-1836; appeal [207-1] reversing the matter and the case is remanded for entry of relief from judgment (rlw) (Entered: 07/17/1996)

MANDATE from Sixth Circuit Court of Appeals re: CCA #: 95-1836; reversing decision of the District Court [Appeal [207-1]; the case is remanded for entry of relief from judgment (rlw) (Entered: 08/07/1996)

SLIP OPINION from CCA re: CCA # 95-1836; appeal [207-1] reversing the District Court decision and remanded for entry of relief from judgment (rlw) (Entered: 08/07/1996)

ORDER (1 pg) by Chief Judge Richard A. Enslen granting defts' motion to vacate partial consent judgment [199-1] and that the Partial Consent Judgment 63 is vacated (cc: all counsel) (rlw) (Entered: 08/08/1996)

MOTION by pltfs for attorney fees in the amount of $17,408.00, and for costs of $431.30 w/brief in support, notice of hearing, proof of service, statement of counsel re fees and costs (rlw) Modified on 08/09/1996 (Entered: 08/09/1996)

MAIL RETURNED [223-1] addressed to attorney John E. Meeks on behalf of pltfs and marked by the P.O. as "moved w/no forwarding address" (rlw) (Entered: 08/19/1996)

OPPOSITION by defts to pltfs' motion for attorney fees in the amount of $17,408.00 [224-1] and for costs of $431.30 [224-2] w/certificate of service (rlw) (Entered: 08/20/1996)

RECORD on Appeal returned from CCA re: CCA # 95-1836, appeal [207-1]; consisting of 6 vol. of pleadings, 6 vol. of transcripts, 0 vol. of depositions (rlw)

PROOF OF SERVICE by pltf for Stipulation for Withdrawal of pltfs' Motion for Fees and Costs (rlw) (Entered: 09/20/1996)