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EVERSON v. MICHIGAN DEPT. OF CORRECTIONS

Nos. 02-2028, 02-2033, 02-2084.

391 F.3d 737 (2004)

Roslyn EVERSON; Randy Fox; Stennis George; Brenda L. Sebastian, and a class of all persons similarly situated, Plaintiffs-Appellees, v. MICHIGAN DEPARTMENT OF CORRECTIONS; Bill Martin, individually and in his official capacity as Director of the Michigan Department of Corrections, Defendants-Appellants (02-2033), Linda Nunn; Tracy Neal, Intervening Defendants-Appellants (02-2028/2084).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 3, 2004.

Attorney(s) appearing for the Case

ARGUED: Deborah A. LaBelle, Law Offices of Deborah LaBelle, Ann Arbor, Michigan, Mark W. Matus, Michigan Department of Attorney General, Lansing, Michigan, for Appellants. John R. Runyan, Sachs Waldman, Detroit, Michigan, for Appellees. ON BRIEF: Deborah A. LaBelle, Law Offices of Deborah LaBelle, Ann Arbor, Michigan, Mark W. Matus, Michigan Department of Attorney General, Lansing, Michigan, for Appellants. John R. Runyan, Eileen Nowikowski, Marshall J. Widick, Sachs Waldman, Detroit, Michigan, for Appellees.

Before: NORRIS, GILMAN, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Following separate lawsuits by female prisoners in Michigan and by the Civil Rights Division of the United States Department of Justice, both of which alleged rampant sexual abuse of female prisoners in Michigan, the Michigan Department of Corrections (the "MDOC") barred males from working in certain positions at its female prisons. Specifically, the MDOC designated approximately 250...

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