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GLOVER v. JOHNSON

Nos. 95-1521, 96-1852, 96-1931 and 96-1948.

138 F.3d 229 (1998)

Mary GLOVER; Lynda Gates; Jimmie Ann Brown; Manetta Gant; Jacalyn M. Settles; and several Jane Does, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Perry JOHNSON, Director, Michigan Department of Corrections; Florence R. Crane; G. Robert Cotton; Thomas K. Eardley, Jr.; B. James George, Jr.; Duane L. Waters; The Michigan Corrections Commissions; William Kime, Director, Bureau of Programs; Robert Brown, Jr., Director, Bureau of Correctional Facilities; Frank Beetham, Director, Bureau of Prison Industries; Richard Nelson, Director, Bureau of Field Services; Gloria Richardson, Superintendent, Huron Valley Women's Facility; Dorothy Costen, Director of Treatment, Huron Valley Women's Facility; and Clyde Graven, Sheriff, Kalamazoo County; individually and in their official capacities, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 2, 1998.

Attorney(s) appearing for the Case

Deborah A. LaBelle (argued and briefed), Law Offices of Deborah LaBelle, Ann Arbor, MI, Michael Barnhart (argued), Detroit Michigan, for Plaintiffs-Appellees in No. 95-1521.

Deborah A. LaBelle (argued and briefed), Law Offices of Deborah LaBelle, Ann Arbor, MI, Michael Barnhart (argued), Detroit Michigan, for Mary Glover in Nos. 96-1852, 96-1931 and 96-1948.

Susan Przekop-Shaw (argued), Leo H. Friedman (briefed), Kim G. Harris (briefed), Office of the Attorney General, Corrections Division, Lansing, MI, for Defendants-Appellants in No. 95-1521.

Leo H. Friedman, Lisa C. Ward (argued and briefed), Office of the Attorney General, Corrections Division, Lansing, MI, for Perry Johnson in No. 96-1852.

Lisa C. Ward (argued and briefed), Susan Przekop-Shaw, Leo H. Friedman (briefed), Office of the Attorney General, Corrections Division, Lansing, MI, for Perry Johnson in No. 96-1931.

Leo H. Friedman, Lisa C. Ward (argued and briefed), Susan Przekop-Shaw (briefed), Office of the Attorney General, Corrections Division, Lansing, MI, for Perry Johnson in No. 96-1948.

Before: WELLFORD, RYAN, and DAUGHTREY, Circuit Judges.

RYAN, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. WELLFORD, J. (pp. 254-256), delivered a separate opinion concurring in part and dissenting in part.

OPINION

RYAN, Circuit Judge.

More than 20 years ago, two separate groups of plaintiffs brought class actions under 42 U.S.C. § 1983 on behalf of all female prison inmates in Michigan. Since then, almost all of the principal players, plaintiffs and defendants alike, have...

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