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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

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

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Published by: Tlecoz Huitzil on Aug 14, 2013
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05/14/2014

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MICHIGANSOUTHERN DIVISIONHENRY HILL,
et al.,
Plaintiffs,Case No. 10-14568v.Hon. John Corbett O’MearaRICK SNYDER,
et al.,
Defendants.
_________________________/ 
ORDER GRANTING PLAINTIFFS’ MOTION FORRULING ON SCOPE OF SUMMARY JUDGMENT ORDER AND DENYINGPLAINTIFFS’ MOTION FOR CLASS CERTIFICATION AS MOOT
Before the court is Plaintiffs’ motion for a ruling on the scope of the court’s 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 January30, 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 briefingregarding equitable relief, Defendants have taken the position that the court’s ruling applies onlyto the Plaintiffs named in this action. In other words, Defendants believe they may enforce thestatute, 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 (9
th
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 1 of 3 Pg ID 1386
 
 but as to any to whom they might be applied.”); Soto-Lopez v. New York City Civil Serv.Comm’n, 840 F.2d 162, 168-69 (2d Cir. 1988) (“The availability of such injunctive relief is notlimited to class actions. When a state statute has been ruled unconstitutional, state actors havean obligation to desist from enforcing that statute.”); Clement v. California Dept. of Corrections,364 F.3d 1148, 1152-53 (9
th
Cir. 2004) (upholding statewide permanent injunction and notingthat “[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 juvenileswho 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 inthis 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 asa 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 court’sJanuary 30, 2013 order is GRANTED.IT IS FURTHER ORDERED that Plaintiffs’ motion for class certification is DENIEDAS MOOT.s/John Corbett O’MearaUnited States District JudgeDate: August 12, 2013-2-
5:10-cv-14568-JCO-RSW Doc # 95 Filed 08/12/13 Pg 2 of 3 Pg ID 1387

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