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Lindke v St. Clair County, et al

Class Action Lawsuit Regarding Denial of 'Good Time Credit' at the St Clair County Jail
Lindke v County of St. Clair

General Information

Please fully read this material. You need not take action at this time but you may wish to contact the law firm.

A federal class action lawsuit has been filed seeking monetary damages for those individuals who were confined, during a particular time period yet to be determined, in the St Clair County jail and were denied sentence-reducing 'good time credits' in alleged contravention to Michigan law resulting in excessive confinement alleged to be in violation of the Michigan and US Constitutions. Michigan law provides that every individual confined to a county jail whose record shows that there are no violations of the rules and regulations shall be entitled to a reduction from his or her sentence by one day for each six days of the sentence. The St. Clair County Sheriff has, for two administrations, denied this required credit to those convicted of contempt.

If you believe you are a member of this putative class action or learned of this lawsuit through the recent newspaper article published in The Times Herald (Port Huron), you are encouraged to contact us with your contact information. A class action lawsuit may affect your rights. However, the lawsuit is at the beginning stages and has yet be answered by the current and past sheriffs, and the county. The class is not yet certified. As additional information becomes available or decisions in the case are made, they will be posted to this website. The lawyers on the case are attorney Philip L. Ellison of Outside Legal Counsel PLC and attorney Matthew E. Gronda.


What is a Class Action?

What is this class action all about?

A class action lawsuit consolidates similar or identical claims of many people into a single lawsuit against one or several defendants. Class actions are cost effective ways of resolving many legal disputes that have a lot in common.

In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party for redress of a wrong, and all of the parties are present in court. Instead of each person bringing his or her own individual lawsuit by an individual lawyer, the class action allows all the claims of all class members — whether they know they have been damaged or not — to be resolved in a single proceeding through the efforts of the representative plaintiff(s) and appointed class counsel.

A class action attorney helps initiate and handle a class action, and advocates for the Class and argues against the sued governments and their officials in court. Class action attorneys are generally paid a percentage of the money that is recovered on behalf of the Class. Some lawsuits that involve civil rights will require the government to pay all or some of the attorneys' fees due to their illegal actions. All attorney fees must be reviewed and approved by the court.

Frequently Asked Questions

What is a Class Action?

    A class action suit occurs when, with court approval, many different people's similar complaints are combined in a single action represented by a lead plaintiff or class representative who suffered a similar wrong. This saves court time and allows a single judge to hear all legal claims at the same time, and come to one judgment or settlement for all members of the class. Many times, members of the class can get a favorable outcome without having to participate in the day-to-day litigation obligations.

Who is eligible to participate in the final outcome?

    In this case, a class is seeking to be certified to include all individuals (during the relevant statutorily-limited time period) who were imprisoned, detained, or incarcerated longer than permitted by Michigan law due to Defendants’ long-standing and illegal policy that arbitrarily denies individuals of good-time credit when serving criminal contempt sentences. Given the age of the case, the federal court has not yet ruled on whether this case will or can proceed as a class action.

Who is the Lead Plaintiff / Class Representative?

    Currently, Kevin Lindke and Michael Schultz are the named lead plaintiffs and proposed class representatives, but others may be added. At the request for class counsel, the court reviews and appoints a Class Representative to prosecute the lawsuit on behalf of the members of the Class. An individual plaintiff, a group of individuals, or other entity can serve as a Class Representative.

Who is Class Counsel?

    The federal court has not yet named class counsel. However, the attorneys seeking class appointment are attorneys Philip L. Ellison and Matthew E. Gronda.

What do I need to do to be part of the class?

    No action is yet required on your part at this time. However, if you believe you are one the individuals who were denied good time, you are encouraged to contact the lawyers with your contact information.

What are the Costs and Expenses for me?

    Costs and Expenses of the lawsuit are usually advanced by the law firms prosecuting on behalf of the Class. The class counsel works on a contingent fee basis. That means Class Counsel will ask the court to award reimbursement of the out-of-pocket expenses and attorneys’ fees -- usually a percentage of the total recovery -- but upon being successful. This court case may include the legal opportunity for a federal statute, known as 42 USC 1988, to require the government to pay all or some of the attorneys fees due to their illegal actions.

Contact

You can contact us directly or use the form below:

    Law Office of Outside Legal Counsel PLC
    PO Box 107
    Hemlock, MI 48626
    (989) 642-0055

Official Class Action Website of Lindke v County of St. Clair