|
Court Rulings
Below are links to the major court opinions in this case and related cases:
Neal v Michigan Department of Corrections Washtenaw County Circuit Court
Everson v Michigan Department of Corrections United States District Court, Eastern District of Michigan
Mason v Granholm United States District Court, Eastern District of Michigan
January 23, 2007 District Court Opinion
Plaintiffs successfully challenged the March 10, 2000 amendment to the Michigan Elliott-Larsen Civil Rights Act (“ELCRA”) that excludes prisoners from protection from discrimination.
The ELCRA provides, in part, that “the full and equal utilization of public accommodations, public service, and educational facilities without discrimination because of religion, race, color, national origin, age, sex, height, weight, familial status, or marital status as prohibited by this act, is recognized and declared to be a civil right”. M.C.L. § 37.2102(1). The statute also provides that a person shall not:
Deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service because of religion, race, color, national origin, age, sex, or marital status.
M.C.L. § 37.2302(a).
In this January 23, 2007 decision, Judge John Corbett O’Meara found this amendment unconstitutional as a violation of the Equal Protection Clause of the United States Constitution.
National Prison Rape Elimination Standards. The Settlement Agreement in this case (Neal v. MDOC) incorporates the standards of the Prison Rape Elimination Act (PREA Standards) in the injunctive relief. A pdf document with these standards is available by clicking this link [PREA Standards (a pdf file)], or you can find them at: http://nprecus/publication/standards/adult_prisons_and_jails>
|