Cain v. Department of Corrections

Summary

The Michigan Supreme Court denied leave to appeal in a longstanding class action involving Michigan Department of Corrections practices and vacated a stay, subject to a limited transition period for Prison Legal Services of Michigan. The Court ordered the Ingham Circuit Court to submit a plan and schedule for bringing the fifteen-year-old case to final judgment by November 1, 2003, with monthly progress reports. Justice Markman concurred in part but advocated a ninety-day deadline and opposed continued detailed Supreme Court monitoring.

Holdings

1. The Michigan Supreme Court denied the applications for leave to appeal because it was not persuaded that the questions presented should be reviewed by the Court.
2. The Court vacated the March 10, 2003 stay, except that Prison Legal Services of Michigan, Inc., was given 28 days from the order's date to remove itself from the Department of Corrections' premises.
3. The Court ordered the trial court to submit within 21 days a plan and schedule for bringing the case to final judgment by November 1, 2003, required approval and oversight by the Chief Judge of the Ingham Circuit Court, and required monthly written progress reports until final judgment.

Questions Presented

1. Whether the Michigan Supreme Court should grant the applications for leave to appeal from the Court of Appeals decision.
2. Whether the Court should vacate its March 10, 2003 stay, subject to a limited transition period.
3. Whether the Court should exercise its superintending authority to require the trial court to bring the fifteen-year-old class action promptly to final judgment.

Disposition

other