Quillan 431827 v. Michigan Department of Corrections
1:13-cv-00160
W.D. Mich.Aug 7, 2017Background
- Plaintiff Timothy Quillan, a Michigan state prisoner with a hearing impairment, sued the MDOC Director in her official capacity under Title II of the ADA seeking declaratory and injunctive relief.
- Quillan used TTY and the Michigan Relay Service (MRS) to place outside calls; after PCS became the MDOC provider in 2012 he alleges he could not make debit TTY calls to cell phones and was limited to collect calls to landlines.
- Plaintiff attempted debit TTY calls in Sept. and Oct. 2012 and received operator statements that only collect calls were available; his later evidentiary record contains no proof of services available after Dec. 31, 2012.
- In Feb. 2014 the MDOC changed its system to allow hearing-impaired prisoners to bypass MRS and place TTY calls (including debit/prepaid) directly to TTY-compatible devices using the same payment methods as other prisoners; notices were sent to prisoners.
- Plaintiff offered no persuasive contrary evidence about current TTY capabilities or that family/friends lacked TTY‑compatible devices; the magistrate judge found evolving digital wireless compatibility and FCC guidance supported that TTY use with cell phones is broadly available.
- The magistrate judge recommended dismissal on mootness grounds because the accommodation the plaintiff sought had effectively been implemented and plaintiff presented no evidence of a continuing injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ADA claim remains justiciable or is moot | Quillan: TTY users are treated worse—limited to collect calls to landlines; seeks injunctive relief to change policy | Washington: MDOC changed telephone system (Feb 2014) so TTY users can place calls like other prisoners; no ongoing injury | Court: Claim is moot—MDOC remedied the alleged deficiency and plaintiff produced no evidence of continuing harm |
| Whether the MDOC’s policies discriminated under Title II of the ADA | Quillan: Non‑hearing impaired prisoners can make debit, cell, and international calls; TTY users cannot | Washington: After system change, TTY users may bypass MRS and use same payment methods and destinations as others | Court: No live controversy; plaintiff failed to show a present discriminatory policy or factual support for alleged limitations |
| Whether plaintiff could proceed as class representative | Quillan: Implicitly sought broader relief for similarly situated prisoners | Washington: Not a certified class; plaintiff never moved for class certification | Court: No class certification; plaintiff proceeds only on his own behalf; class claim not before the Court |
| Evidentiary burden on summary judgment | Quillan: Relied on declaration and briefs alleging limitations | Washington: Pointed to affidavits and notice showing policy change; argued absence of evidence of current injury | Court: Summary judgment appropriate because plaintiff failed to present evidence creating a genuine dispute about ongoing injury or discriminatory practice |
Key Cases Cited
- Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (drawing inferences at summary judgment)
- Celotex Corp. v. Catrett, 477 U.S. 317 (burden-shifting on summary judgment)
- Pennsylvania Dep’t of Corr. v. Yeskey, 524 U.S. 206 (Title II applies to state prisons)
- Wal‑Mart Stores, Inc. v. Dukes, 564 U.S. 338 (class certification standards)