On November 20, 2019, we filed a class action complaint against MDOC and related defendants in the Eastern District of Michigan. The Bailey v. Washington, et. al., complaint alleges that women who were incarcerated at WHV suffered from the continuous exposure to dangerous types of mold, including Stachybotrys (most commonly known as black mold). The failing and dilapidated infrastructure in WHV housing units, including outdated HVAC systems, leaky roofs and windows, and lack of proper ventilation have created hazardous living conditions for the women housed there. As a result of the ongoing exposure to mold, women have developed respiratory infections, chronic coughing, wheezing, rashes, dizziness, and fatigue which may lead to serious, permanent conditions such as asthma and COPD. The exposure to mold not only affects their physical health, but also their mental health, as many of the women suffer from memory loss, insomnia, difficulty concentrating, and confusion. Women have complained for years about the presence of mold in their housing units and Defendants have consistently ignored or denied their complaints, and have refused to fix the structural problems and properly eradicate the mold.
Although this Complaint was dismissed, we filed an Amended Complaint on September 15, 2023 under a lack of proper ventilation theory.
A letter regarding the WHV Mold Litigation Class Action was mailed on September 14, 2023.
On August 25, 2023, the Court dismissed the WHV mold case, Bailey v Washington, et. al. We filed a Second Amended Complaint, but we are no longer seeking monetary damages on behalf of the class. The Amended Complaint seeks only injunctive relief for class members. This relief could include building updates, new ventilation systems, proper cleaning protocols, etc. Only women who are currently incarcerated at WHV are now eligible to be class members of the mold case.
If you wish to file an individual claim for monetary damages, it is important that you find a new attorney as soon as possible to evaluate your case. Please see the most recent update letter for more information and contact us if you have questions.
We switched to a new case management system to maintain the contact information for all of our clients. Unfortunately, there was a glitch in the system that prevented many of our recently released clients from receiving the new update letter by mail. We will not be mass-mailing update letters to those who did not receive them because the letters are now two months old, but we have corrected the problem to ensure that everyone with a current address receives the next update letter.
Next, as many of you know, the case was stayed while the parties engaged in mediation. That Stay was lifted by the Court on July 9, 2023.
The June 27th hearing was held. There are no updates to provide at this time.
The next hearing is tentatively scheduled for mid-August
Update letters were mailed today! Please allow two weeks for delivery. As a reminder, do not call our office for updates because we cannot give updates over the phone.
A class action lawsuit is when a group of individuals (Plaintiffs) file a lawsuit against a common party or multiple parties (Defendants), alleging that the Defendants wronged the Plaintiffs in the same or similar way.
Plaintiffs include class representatives and class members. Class representatives are a small group of people (usually named in the lawsuit) who pursue claims on behalf of themselves and other people who have similar claims. Class members are all other individuals who have similar claims against the same Defendants.
Defendants are the companies, entities, or persons who are sued.
Once the case is filed, a judge or jury will resolve the claims. Their decision resolves the claims for both class representatives and class members, except those who have opted out of the lawsuit.
Class actions can often take years
While criminal cases typically involve frequent court hearings, it is not abnormal for civil cases, especially class actions, to go weeks or months without a hearing. In criminal cases, the defense receives discovery from the prosecution within weeks of the arraignment. In civil cases, the parties each request discovery from each other, and there are often disagreements over what must be disclosed to the other party. Additionally, if there is a resolution in a class action case, there will be a few months before plaintiffs receive any compensation from that resoltuion.
Class Definitions
Bailey v. Washington, et. al. only includes persons who are currently incarcerated at WHV. If you have been released from WHV, you are not eligible.
If you have a loved one who is currently incarcerated at WHV, please contact our office.
Providing this information does not create an attorney-client relationship. Please do not send confidential information to us until an attorney-client relationship has been established.
The Law Offices of David S. Steingold, PLLC is co-counsel with Pitt, McGehee, Palmer, Bonnani & Rivers; Marko Law, PLLC; Excolo Law; and Nichols Kaster, PLLP for the WHV cases.