William Groseclose v. Michael Dutton, 829 F.2d 581 (6th Cir. 1987). · Go Syfert
William Groseclose v. Michael Dutton, 829 F.2d 581 (6th Cir. 1987). Cases Citing This Book View Copy Cite
38 citation events (10 in the last 25 years) across 13 distinct courts.
Strongest positive: Rahman v. Blinken (dcd, 2024-09-27)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 22 distinct citers.
discussed Cited as authority (rule) Rahman v. Blinken
D.D.C. · 2024 · confidence medium
Cir. 1983) (“Because [individual plaintiff’s] allegations substantially overlap those in [pending class action], his case should be referred to the district judge before whom the [class] action is pending.”); Bryan v. Werner, 516 F.2d 233, 239 (3d Cir. 1975); Horns v. Whalen, 922 F.2d 835 (4th Cir. 1991) (per curiam); Gillespie v. Crawford, 858 F.2d 1101, 1103 (5th Cir. 1988); Groseclose v. Dutton, 829 F.2d 581, 584 (6th Cir. 1987); Goff v. Menke, 672 F.2d 702, 704 (8th Cir. 1982); cf. Herron v. Beck, 693 F.2d 125, 127 (11th Cir. 1982) (“[I]t might have been proper to consolidate Herro…
cited Cited as authority (rule) Ratcliff v. Moore
S.D. Ohio · 2009 · confidence medium
Groseclose v. Dutton, 829 F.2d 581, 584 (6th Cir.1987); see also Townsend v. Vasbinder, 2007 WL 4557715 (E.D.Mich.
cited Cited as authority (rule) Simon v. Norris
6th Cir. · 1995 · confidence medium
Groseclose v. Dutton, 829 F.2d 581, 584-85 (6th Cir.1987).
discussed Cited as authority (rule) Orrin S. Reed v. Thomas D. Richards
7th Cir. · 1994 · confidence medium
"Individual suits for injunctive and equitable relief from alleged unconstitutional prison conditions cannot be brought where there is an existing class action." McNeil v. Guthrie, 945 F.2d 1163, 1165 (10th Cir.1991); see Long v. Collins, 917 F.2d 3, 4-5 (5th Cir.1990); Groseclose v. Dutton, 829 F.2d 581, 584 (6th Cir.1987); Goff v. Menke, 672 F.2d 702, 704 (8th Cir.1982).
cited Cited as authority (rule) Shegog v. Gilless
6th Cir. · 1992 · confidence medium
See Kendrick v. Bland, 931 F.2d 421, 423 (6th Cir.1991); Groseclose v. Dutton, 829 F.2d 581, 584-85 (6th Cir.1987).
cited Cited as authority (rule) Charles Rice v. Al C. Parke, Tony Williams, John Parker, and His Personnel at Tool Room
6th Cir. · 1991 · confidence medium
Groseclose v. Dutton, 829 F.2d 581, 584 (6th Cir.1987). 7 Accordingly, the district court's order entered September 7, 1990, is hereby affirmed.
discussed Cited as authority (rule) Freddie L. Horns v. Patrick Whalen, Warden, United States Parole Commission, Richard L. Thornburgh, Attorney General of the United States
4th Cir. · 1991 · confidence medium
In Gillespie v. Crawford, 858 F.2d 1101, 1103 (5th Cir.1988), a prison inmate could not bring an action for equitable relief from allegedly unconstitutional Texas prison conditions because such a suit would interfere with the "orderly administration of [a similar] class action and risk inconsistent adjudications." Finally, in Groseclose v. Dutton, 829 F.2d 581, 582 (6th Cir.1987), prisoners could not bring a separate class action complaining of the conditions on Tennessee's death row when a class action involving the conditions throughout the Tennessee prison system was pending. 2 8 In the ins…
discussed Cited as authority (rule) Carver v. KNOX COUNTY, TENN. (2×)
E.D. Tenn. · 1990 · confidence medium
Walker v. Mintzes, 771 F.2d 920, 925-26 (6th Cir.1985); Groseclose v. Dutton, 829 F.2d 581, 585 (6th Cir.1987).
cited Cited as authority (rule) ca6 1989
6th Cir. · 1989 · confidence medium
Walker v. Mintzes, 771 F.2d 920, 925-26 (6th Cir.1985); Groseclose v. Dutton, 829 F.2d 581, 585 (6th Cir.1987).
cited Cited as authority (rule) Carver v. Knox County
6th Cir. · 1989 · confidence medium
Walker v. Mintzes, 771 F.2d 920, 925-26 (6th Cir.1985); Groseclose v. Dutton, 829 F.2d 581, 585 (6th Cir.1987).
cited Cited as authority (rule) Raymond Otha Jackson v. Stephen H. Norris Michael Dutton, Warden Michael Kendrick
6th Cir. · 1989 · confidence medium
Groseclose v. Dutton, 829 F.2d 581, 584-85 (6th Cir.1987).
cited Cited as authority (rule) Carver v. Knox County, Tenn.
E.D. Tenn. · 1989 · confidence medium
Groseclose v. Dutton, 829 F.2d 581, 585 (6th Cir.1987); Walker v. Mintzes, 771 F.2d 920, 925-26 (6th Cir.1985).
cited Cited as authority (rule) Raymond L. Dean, Sr. v. James L. Blanchard
6th Cir. · 1988 · confidence medium
Groseclose v. Dutton, 829 F.2d 581, 584 (6th Cir.1987).
discussed Cited "see" IN RE: MUSHROOM DIRECT PURCHASER ANTITRUST LITIGATION
E.D. Pa. · 2020 · signal: see · confidence high
Cal. Apr. 23, 2012) (“A member of a class action seeking equitable relief cannot raise those claims in a separate equitable action.”); see generally Groseclose v. Dutton, 829 F.2d 581, 584 (6th Cir. 1987); Goff v. Menke, 672 F.2d 702, 705 (8th Cir. 1982); Crawford v. Bell, 599 F.2d 890, 892-93 (9th Cir. 1979).
discussed Cited "see" WINN-DIXIE STORES, INC. v. EASTERN MUSHROOM MARKETING COOPERATIVE, INC.
E.D. Pa. · 2020 · signal: see · confidence high
Cal. Apr. 23, 2012) (“A member of a class action seeking equitable relief cannot raise those claims in a separate equitable action.”); see generally Groseclose v. Dutton, 829 F.2d 581, 584 (6th Cir. 1987); Goff v. Menke, 672 F.2d 702, 705 (8th Cir. 1982); Crawford v. Bell, 599 F.2d 890, 892-93 (9th Cir. 1979).
discussed Cited "see" Owusu v. Feeley
W.D.N.Y. · 2019 · signal: see · confidence high
See Groseclose v. Dutton, 829 F.2d 581, 584-85 (6th Cir. 1987) (finding that case should have been consolidated with pending class action); Goff v. Menke, 672 F.2d 702, 704 (8th Cir. 1982) (concluding that “the district court erred in granting . . . any relief when the issues had already been preliminarily resolved and were pending final resolution in a class action to which plaintiff, as a class member, was a party.”).
discussed Cited "see" Comer v. Stewart (2×) also: Cited "see, e.g."
D. Ariz. · 2002 · signal: see · confidence high
See Groseclose, 829 F.2d at 585 . 66 .
discussed Cited "see" Arnold v. Ghee (2×)
6th Cir. · 2001 · signal: see · confidence high
See generally Groseclose v. Dutton, 829 F.2d 581, 584-85 (6th Cir.1987) (holding that a case brought by an inmate who was a member of a pending class action should have been consolidated with the class action rather than proceed as an independent case).
cited Cited "see" Gilland v. Owens
W.D. Tenn. · 1989 · signal: accord · confidence high
Accord, Groseclose v. Dutton, 829 F.2d 581, 585 (6th Cir.1987).
discussed Cited "see" Daryl Gillespie v. Bobby Crawford (2×)
5th Cir. · 1988 · signal: see · confidence high
See Groseclose v. Dutton, 829 F.2d 581 (6th Cir.1987); Goff v. Menke, 672 F.2d 702 (8th Cir.1982).
cited Cited "see" Edward Jerome Harbison v. Lamar Alexander, Stephen H. Norris, Tony Young, and Michael Dutton
6th Cir. · 1988 · signal: see · confidence high
See Groseclose v. Dutton, 829 F.2d 581 (6th Cir.1987). 4 In the present case, we find that the plaintiff's claims would be better addressed by the judge who is hearing the consolidated class actions.
discussed Cited "see, e.g." Dentry v. Snyder
E.D. Mich. · 2020 · signal: see also · confidence medium
Rev. 97 , 132 (2009) (“[t]he key to the (b)(2) class is ‘the indivisible nature of the injunctive or declaratory remedy warranted — the notion that the conduct is such that it can be enjoined or declared unlawful only as to all of the class members or as to none of them.’”); see also Groseclose v. Dutton, 829 F.2d 581, 584 (6th Cir. 1987) (refusing to allow individual class members to mount their own separate lawsuit seeking similar injunctions to class action).
William GROSECLOSE, Et Al., Plaintiffs-Appellees,
v.
Michael DUTTON, Et A!., Defendants-Appellants
86-5448.
Court of Appeals for the Sixth Circuit.
Nov 3, 1987.
829 F.2d 581
W.J. Michael Cody, Atty. Gen. of Tennessee, Nashville, Tenn., J. Andrew Hoyal, II, Wayne E. Uhl (argued), for defendants-appellants., Larry D. Woods (argued), Nashville, Tenn., for plaintiffs-appellees., Hal D. Hardin, Nashville, Tenn., for R. Harries.
Krupansky, Nelson, Ryan.
Cited by 29 opinions  |  Published
DAVID A. NELSON, Circuit Judge.

This is an appeal by prison officials of the State of Tennessee from a district court judgment holding that conditions on Tennessee’s death row violate the Eighth Amendment. The defendants contest the merits of that holding, and urge that the case should not have gone forward as an independent case in any event, but should have been consolidated with a pending class action that involves the constitutionality of conditions throughout the Tennessee prison system. We agree that the proceedings ought to have been consolidated. In addition, we observe that the district court, not having had the benefit of this court’s opinion in Walker v. Mintzes, 771 F.2d 920 (6th Cir.1985), applied an incorrect legal standard in deciding the Eighth Amendment issue. We shall vacate the judgment so that the district judge to whom this case will now be assigned can consider the Eighth Amendment issue under the proper legal standard.

* * *

As we explained in a decision dismissing an earlier appeal in this case, 788 F.2d 356 (6th Cir.1986), this action began as a habeas corpus proceeding filed on behalf of death row inmate Ronald Harries by fellow inmate William Groseclose and others, purporting to act as Mr. Harries’ next friends. Respondents were the Warden of the Tennessee State Prison and the Commissioner of the Tennessee Department of Corrections. The petitioners did not have the permission of Mr. Harries to act on his behalf, but they maintained that Mr. Harries was being given drugs that affected his ability to act for himself.

On June 6, 1984, the respondents moved to dismiss the petition. They were supported by Mr. Harries, participating as amicus curiae. The district court declined to dismiss the petition. On June 22,1984, Mr. Harries sought to join the action as a plaintiff under Fed.R.Civ.P. 20, challenging the constitutionality of his conditions of confinement on death row. The district court[*583] granted the motion to join Mr. Harries and ordered that an evidentiary hearing be held to determine his competence. On July 10, 1984, the prison officials moved for reconsideration, offering to include Mr. Harries’ allegations in a pending class action concerning the constitutionality of conditions throughout the Tennessee prison system. A district court opinion in that case, which is styled Grubbs v. Bradley, is reported at 552 F.Supp. 1052 (M.D.Tenn.1982). (Grubbs was previously on the docket of District Judge L. Clure Morton, and is now on the docket of District Judge Thomas Higgins; the instant case was on the docket of District Judge John Nixon.) On August 17, 1984, in a decision reported as Groseclose v. Dutton, 594 F.Supp. 949 (M.D.Tenn.1984), Judge Nixon ruled that the habeas corpus action could proceed, that the absence of Mr. Harries in the next-friend petition was due to mental incompetence, and that any waiver of Mr. Harries’ post-conviction remedies was involuntary.

On October 10, 1984, Mr. Groseclose moved for certification of a class action as to the death row prison conditions. This motion was granted on November 13, 1984. On December 28, 1984, the defendant prison officials moved for judgment on the pleadings, contending that the findings of the court in Grubbs were dispositive of the merits of the instant case. The district court overruled the motion.

In a decision rendered after an evidentiary hearing and reported at 609 F.Supp. 1432 (M.D.Tenn.1985), the district court declared the prison conditions on death row to be unconstitutional and ordered the defendants to submit a remedial plan for consideration by a special master. The defendants filed a notice of appeal. The district court declined to make findings that would have permitted an interlocutory appeal under 28 U.S.C. § 1292(b), and in the decision reported at 788 F.2d 356 we dismissed the appeal on jurisdictional grounds.

On July 1, 1985, the district court appointed Mr. Patrick McManus as a special master to oversee the remedial proceed-ings. Mr. McManus is also serving as the special master in Grubbs v. Bradley. A remedial plan was ultimately accepted by the district court in the instant case, and the special master was instructed to monitor its implementation. The defendant prison officials then perfected the present appeal.

Three issues are presented on appeal. First, it is argued that a class action already being prosecuted on behalf of “all” inmates in the Tennessee prison system, Grubbs v. Bradley, foreclosed relief in the present case. The prison officials assert that the evidence presented to the district court in this case ought to have been presented to the Grubbs court, and they point out that the special master in Grubbs is still available to handle the complaints of the death row inmates. Second, it is argued that the trial court erred in finding that living conditions of the death-sentenced inmates violate the Eighth Amendment. Finally it is argued that the trial court improperly delegated authority to the special master to modify the remedial plan approved by the court.

# * *

The prison officials point to language in the Grubbs class-certification order that defines the Grubbs class as “[a]ll persons who are presently or who will in the future be committed as adults to the custody of the Tennessee Department of Corrections and housed in the Tennessee prison system [including the Tennessee State Penitentiary].”

Judge Nixon was aware of Grubbs, of course, and in at least two places he explained his reasons for proceeding with the instant case notwithstanding Grubbs. In Groseclose ex. rel Harries v. Dutton, 594 F.Supp. 949, 958 n. 5 (M.D.Tenn.1984) (Groseclose I), Judge Nixon stated that the proposed relief in Grubbs, as he read it, did not seem to contemplate any correction of the conditions in Unit VI, the unit where inmates sentenced to death are housed, except for double-celling and food service. [1][*584] The issue presented in Groseclose I involved Mr. Harries’ habeas petition, and Judge Nixon held that Grubbs did not foreclose a decision that prison conditions had led to an involuntary waiver of Mr. Harries’ right to habeas review.

Groseclose v. Dutton, 609 F.Supp. 1432, 1440-41 (M.D.Tenn.1985) (Groseclose II), is the decision from which the present appeal was taken. There Judge Nixon stated that his court would

“not relitigate the issues raised in Grubbs, but it will examine the impact of the changes in the conditions and policies of Unit VI since the findings of fact in Grubbs in 1982 for the following reasons. First, many of the conditions raised in this action were not addressed by the Court in Grubbs. See Groseclose [/], 594 F.Supp. at 958-59 n. 5. Second, when the Court made its findings in Grubbs, there were only nineteen inmates sentenced to death in Unit VI; there are now approximately forty-four persons sentenced to death and confined in that unit. Thus, the Court will examine the conditions in Unit VI to the extent that this increase in inmate population has significantly altered the conditions in Unit VI.
Third, when. Warden Michael Dutton became warden at the Tennessee State Penitentiary, he made significant policy changes that greatly increased the restrictions on the inmates confined to Unit VI. These changes included elimination of commissary visits, religious services, group dinners, and visits to the gymnasium. The effect of these changes was clearly to make Unit VI a separate ‘prison within a prison.’ Therefore, the Court will also examine the conditions in Unit VI to the extent that these changes have significantly altered the conditions in Unit VI since the Court’s findings in Grubbs. Finally, as a practical matter, the Court must examine the conditions on death row because of this Court’s finding that the conditions in Unit VI had caused Mr. Harries to waive his legal rights involuntarily and had contributed to his mental illness. Id. at 961. Mr. Harries’ personal claim was not at issue in Grubbs. Thus, the Court’s conclusions of law as to the constitutionality of conditions in Unit VI will be limited to changes in conditions and changes in policies that significantly affect the conditions on death row since the findings of fact in Grubbs.”

Groseclose II, 609 F.Supp. at 1440-41.

* * *

In Goff v. Menke, 672 F.2d 702 (8th Cir. 1982), the Court of Appeals for the Eighth Circuit vacated a district court order where the district judge had granted relief in a prison conditions case while a class action covering the whole prison system was pending on the docket of another district judge. The Court of Appeals remanded the case and ordered that it be consolidated with the class action.

We agree with the logic of the Eighth Circuit decision in Goff. To allow two or more district judges to issue directions to prison officials simultaneously would be to create what the Goff court aptly characterized as an “inefficient” situation, fraught with potential for inconsistency, confusion, and unnecessary expense. 672 F.2d at 705.

There is already some evidence of inconsistency between the Groseclose and Grubbs findings. In the portion of Grubbs that dealt with the Tennessee State Penitentiary, 552 F.Supp. at 1070-87, the court addressed Unit VI without going into the kind of detail pursued by Judge Nixon in the instant case. For example, the Grubbs court did not consider the showers in Unit VI that emit water vapor which, according to Groseclose, provides a medium for the growth of unhealthful molds and fungi in the cells. Judge Morton, who heard the Grubbs case, thought that ventilation was generally satisfactory: “[Ejxcept for Unit VI, where a fan was not working on the day of his inspection, Mr. Hoover reported[*585] no serious problems with ventilation at [Tennessee State Prison].” Grubbs, 552 F.Supp. at 1074.

Most of the conditions considered by Judge Nixon in the instant case were in existence at the time Judge Morton made his factual findings in Grubbs. The primary change is in a policy under which volunteer clergy formerly perambulated the “walks” in Unit VI, visiting with those inmates who desired religious counseling. Death row prisoners can still be visited by clergy, under the new policy, but such visits must now be scheduled in advance and held in the visitation room. Appellees argue that this post-Grubbs development makes it proper for the instant case to be considered in isolation from Grubbs, but we fail to see why. There is no reason the Grubbs court cannot deal with the issue, and every reason why it should. It is hard enough for a single judge to try to supervise the operation of a state prison system, and reasonable people sometimes disagree as to whether a court ought to take on such a task at all; be that as it may, it seems to us that to have two or more judicial cooks stirring the same broth in the same penal kitchen would be a recipe for chaos.

* * *

As to the district court’s finding that the conditions in Unit VI constitute cruel and unusual punishment, the court made that finding on the basis of a “totality of the circumstances” test that we subsequently rejected in Walker v. Mintzes, 771 F.2d 920 (6th Cir.1985). We therefore VACATE the decision of the district court and REMAND this case to that court with directions that the case be consolidated with Grubbs v. Bradley. The Eighth Amendment issue raised by the appellants is to be considered, after the consolidation has been effected, in light of this court’s opinion in Walker v. Mintzes, 771 F.2d 920 (6th Cir.1985). This disposition renders moot the contention by the appellants that the district court improperly delegated powers to the special master.

1

. Inmates sentenced to death have always been housed in single cells. The Unit VI inmates[*584] who were doubled-celled were general population inmates housed in available space in Unit VI. The number of death-sentenced inmates has now grown to such an extent that there is no room in Unit VI for anyone else; thus all prisoners in Unit VI are now single-celled.