“The Judge Didn't Sentence Me to Be Raped”: Tracy Neal v. Michigan Department of Corrections: A 15-Year Battle Against the Sexual Abuse of Women Inmates in Michigan

Abstract

This research traces the history of Tracy Neal v. Michigan Department of Corrections, a class action lawsuit against the Michigan Department of Corrections that alleged the sexual abuse of women prisoners spanning more than two decades. The litigation resulted in combined jury verdicts of more than $30 million for the plaintiffs and a $100 million settlement that included extensive injunctive relief. This article examines the abuses and conditions suffered by female inmates in Michigan prisons, the court decisions, jury trials, and settlement. Drawing on interviews from several lead attorneys for the plaintiffs, the article provides an examination of the circumstances, discusses litigation strategy, and highlights lessons from Neal that could be relevant to civil rights scholars and advocates. The article concludes with a discussion of the impact and future implications of this case.

KEYWORDS:

• abuse
• civil rights
• detention
• human rights
• inmates
• litigation
• sexual assault
• women prisoners

Acknowledgments

My deepest thanks to Deborah LaBelle, Michael Pitt, Molly Reno, and Richard Soble for sharing their time and extensive knowledge; to Professor Daniel Hurley for his encouragement and introduction to this topic; and to Anna Johnson-Betty, Vijay Pattisapu, and Beverlie Ting for their assistance with promptly transcribing the interviews.

Notes

“[T]he suit wasn't against the guards. They didn't create the system. They didn't have money to pay for damages. Instead, this lawsuit was filed against the Department of Corrections, former DOC Director Kenneth McGinnis and former Scott Correctional Warden Joan Yukins. To win, it would not be enough for LaBelle to show the guards had abused the women. LaBelle and her legal team had to convince jurors that prison officials knew about the abuse and did nothing to stop it” (Seidel 2009a).

A representative for the defendants, Lisa C. Ward, Assistant Attorney General, was contacted for an interview but declined to discuss the case.

“Except where permitted by law, a person shall not: (a) 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, emphasis added).

“‘Public service’ means a public facility, department, agency, board, or commission, owned, operated, or managed by or on behalf of the state, a political subdivision, or an agency thereof, or a tax exempt private agency established to provide service to the public” (M.C.L. §37.2301, emphasis added).

In response, the plaintiffs filed Mason v. Granholm, a federal class action lawsuit pursuant to 42 U.S.C. §1981 and 42 U.S.C. §1983.

“Not only did we invest our time, which meant we weren't doing other work that could have brought in money, we were paying out of pocket for transcripts, court reporters, experts” (interview with Molly H. Reno, 2010).