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  • Judge John Corbett O'Meara Court Order Ending All Mandatory Life With Out Parole Sentences For Michigan Juvenile Offenders - 8/12/13

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    Tlecoz Huitzil
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    Sign petition for Michigan Legislators to comply with this order: http://tinyurl.com/endjwlop2013

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    Judge John Corbett O’Meara court order ending all mandatory Life With Out Parole sentences for Michigan juvenile offenders - 8/12/13

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    Sign petition for Michigan Legislators to comply with this order: http://tinyurl.com/endjwlop2013

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    154 views3 pages

    Judge John Corbett O'Meara Court Order Ending All Mandatory Life With Out Parole Sentences For Michigan Juvenile Offenders - 8/12/13

    Uploaded by

    Tlecoz Huitzil
    Sign petition for Michigan Legislators to comply with this order: http://tinyurl.com/endjwlop2013

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 3

    5:10-cv-14568-JCO-RSW Doc # 95 Filed 08/12/13 Pg 1 of 3

    Pg ID 1386

    UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HENRY HILL, et al., Plaintiffs, Case No. 10-14568 v. Hon. John Corbett OMeara RICK SNYDER, et al., Defendants. _________________________/ ORDER GRANTING PLAINTIFFS MOTION FOR RULING ON SCOPE OF SUMMARY JUDGMENT ORDER AND DENYING PLAINTIFFS MOTION FOR CLASS CERTIFICATION AS MOOT Before the court is Plaintiffs motion for a ruling on the scope of the courts January 30, 2013 order, filed March 29, 2013, and Plaintiffs motion for class certification, filed May 21, 2013. Finding the issues fully explicated in the briefs, the court did not hear oral argument. This case involves M.C.L. 791.234(6)(a), which prohibited the Michigan Parole Board from considering for parole those sentenced to life in prison for first-degree murder. On January 30, 2013, the court declared that M.C.L. 791.234(6)(a) is unconstitutional as applied to juveniles who were convicted when they were under the age of eighteen. In further briefing regarding equitable relief, Defendants have taken the position that the courts ruling applies only to the Plaintiffs named in this action. In other words, Defendants believe they may enforce the statute, which the court has declared unconstitutional, with respect to other juveniles sentenced to life in prison. As the court now makes clear, Defendants are incorrect. Plaintiffs are not required to bring a class action to obtain declaratory or injunctive relief applicable to other similarly situated individuals. See e.g., Doe v. Gallinot, 657 F.2d 1017, 1024-25 (9th Cir. 1981) (The challenged provisions were not unconstitutional as to Doe alone,

    5:10-cv-14568-JCO-RSW Doc # 95 Filed 08/12/13 Pg 2 of 3

    Pg ID 1387

    but as to any to whom they might be applied.); Soto-Lopez v. New York City Civil Serv. Commn, 840 F.2d 162, 168-69 (2d Cir. 1988) (The availability of such injunctive relief is not limited to class actions. When a state statute has been ruled unconstitutional, state actors have an obligation to desist from enforcing that statute.); Clement v. California Dept. of Corrections, 364 F.3d 1148, 1152-53 (9th Cir. 2004) (upholding statewide permanent injunction and noting that [t]he state offers no argument that a total internet mail ban might be constitutional if implemented at a different prison). Having declared that M.C.L. 791.234(6)(a) is unconstitutional as applied to juveniles who were convicted when they were under the age of eighteen, the court cannot find it proper for the state to enforce the statute against any such individuals, whether or not they are Plaintiffs in this action. The state has an obligation to desist from enforcing that statute. Clement, 364 F.3d at 1152-53. Therefore, every person convicted of first-degree murder in the State of Michigan as a juvenile and who was sentenced to life in prison shall be eligible for parole. IT IS HEREBY ORDERED that Plaintiffs motion for a ruling on the scope of the courts January 30, 2013 order is GRANTED. IT IS FURTHER ORDERED that Plaintiffs motion for class certification is DENIED AS MOOT.

    s/John Corbett OMeara United States District Judge

    Date: August 12, 2013

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    5:10-cv-14568-JCO-RSW Doc # 95 Filed 08/12/13 Pg 3 of 3

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    I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, August 12, 2013, using the ECF system and/or ordinary mail.

    s/William Barkholz Case Manager

    -3-

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