Glover v. Johnson

198 F.3d 557
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 14, 1999
DocketNos. 95-1521, 96-1931
StatusPublished
Cited by4 cases

This text of 198 F.3d 557 (Glover v. Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glover v. Johnson, 198 F.3d 557 (6th Cir. 1999).

Opinions

RYAN, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. WELLFORD, J. (pp. 566-67), delivered a separate concurring opinion.

OPINION

RYAN, Circuit Judge.

After over 20 years of litigation, the defendants in this prisoners’ rights case sought to terminate federal court jurisdiction over Michigan’s efforts to achieve parity between male and female inmates in educational, vocational, apprenticeship, and work-pass opportunities, as well as access to courts. Following a thorough evidentia-ry hearing, the district court found that the defendants’ remedial efforts had succeeded in achieving parity. We conclude that the district court’s findings are not clearly erroneous and, therefore, terminate federal court jurisdiction over these matters.

I.

This case involves the effort of female prison inmates in Michigan to obtain educational, vocational, apprenticeship, and work-pass opportunities, as well as access to courts, comparable to those opportunities available to male inmates. The litigation is now over 20 years old and its course has been chronicled in numerous opinions from both the district court and this court. For a thorough history of the case, we invite the reader’s attention to our opinion in Glover v. Johnson, 138 F.3d 229 (6th Cir.1998). We now recite only those matters necessary to an understanding of the issues before us.

A.

In 1977, two separate groups of plaintiffs brought class actions on behalf of all female prison inmates in Michigan, pursuant to 42 U.S.C. § 1983. The plaintiffs claimed that the Michigan Department of Corrections (MDOC) and various MDOC officials violated the Equal Protection Clause of the Fourteenth Amendment of the federal Constitution with regard to educational and vocational programming and violated their First Amendment right of access to the courts. The district court consolidated the two cases and ruled in favor of the plaintiffs in 1979. Since then, the district court has continued to exercise jurisdiction over the case, and perforce, over a significant aspect of the Michigan corrections system in order to monitor compliance with its subsequent remedial orders.

[559]*559In December 1993, after almost 15 years of district court oversight, the defendants moved to terminate the district court’s jurisdiction pursuant to Fed.R.Civ.P. 60(b)(5) or, in the alternative, Fed.R.Civ.P. 60(b)(6). The district court denied the motion in 1995, finding that the defendants had failed to comply substantially with its remedial orders and various other remedial plans. Glover v. Johnson, 879 F.Supp. 752 (E.D.Mich.1995).

In March 1998, we vacated the district court’s judgment and remanded the matter with the following order:

Within 120 days following issuance of this opinion, the district court shall conduct hearings and receive evidence, including stipulations by the parties, in order to determine with particularity the educational, vocational, apprenticeship, and work-pass opportunities presently being provided (1) to male inmates and (2) to female inmates in the Michigan correctional system. The district court will then make particularized findings of fact and conclusions of law determining whether the male and female inmates are presently being provided sufficiently comparable education, vocational, apprenticeship, and work-pass opportunities as to satisfy the requirements of the Equal Protection Clause of the Fourteenth Amendment. In undertaking this task, the district court must take into account the present conditions of custody and population size at various institutions; any differences in educational and vocational interests between male and female inmates; available educational and vocational training resources; and such other considerations as the district court may deem appropriate.

Glover, 138 F.3d at 243.

In our 1998 opinion, we recognized that the district court had already set forth the defendants’ obligation to achieve parity in the treatment of male and female inmates. In 1979, the district court defined “parity of treatment” to mean:

Defendants here are bound to provide women inmates with treatment and facilities that are substantially equivalent to those provided the men[,] i.e., equivalent in substance if not in form unless their actions ... bear a fair and substantial relationship to achievement of the State’s correctional objectives.

Glover v. Johnson, 478 F.Supp. 1075, 1079 (E.D.Mich.1979), quoted in Glover, 138 F.3d at 241. That 1979 judgment has never been appealed.

We also directed the district court to determine whether female -inmates were denied their First Amendment right of access to courts. We retained jurisdiction with regard to all these matters. Glover, 138 F.3d at 254.

Following discovery, the district court held eight days of evidentiary hearings in January and February 1999, and then issued a comprehensive opinion. Glover v. Johnson, 35 F.Supp.2d 1010, 1012 n. 4 (E.D.Mich.1999). The court first described the facilities comprising the Michigan prison system as of October 1998. MDOC houses approximately 38,000 male inmates and 1,800 female inmates. Male and female inmates are housed in separate facilities. Over 35,000 of the male inmates live in 37 major male facilities, while close to 3,000 live in 12 male camp facilities. Approximately 1,400 female inmates are housed in the two major female facilities, Florence Crane (“Crane”) and Scott Correctional (“Scott”), while approximately 400 are housed in the single female camp facility, Camp Branch.

The district court found that the evidence demonstrated sufficient parity in the educational, vocational, apprenticeship, and work-pass opportunities afforded female and male inmates. Id. at 1017. The court’s opinion did not address the access to courts issue because the parties “agreed to settle that issue based on the Sixth Circuit’s resolution of the Knop v. Johnson and Hadix v. Johnson appeals, as well as [the district court’s] unappealed rulings [560]*560and orders in those cases.” Id. at 1012. While deferring to this court’s retention of jurisdiction in the case, the district court found that termination of its jurisdiction would be proper.

B.

Because we did retain jurisdiction over this matter, we invited the parties to submit supplemental briefings and heard oral argument on whether the district court erred in reaching its findings of parity. The plaintiffs raise the following four issues in challenging the district court’s judgment: (1) whether the district court erred in applying the “reasonable relationship” standard under Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) or, in the alternative, whether the court failed to properly apply the four-factor Turner

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