Abbott Nicholson Files Amicus Curiae Brief on Behalf of the Michigan Sheriffs’ Association

Posted Jun. 16th 2020

Abbott Nicholson attorney Kristen Baiardi filed an Amicus Curiae brief on behalf of the Michigan Sheriffs’ Association (“MSA”) in support of Oakland County’s pending appeal in the Sixth Circuit Court of Appeals involving the effect of the COVID-19 pandemic on the Oakland County Jail. Jail inmates are seeking habeas relief along with making claims under Section 1983 related to the alleged conditions in the Oakland County Jail. In granting wide-ranging injunctive relief for the plaintiffs, the federal district court held that “home confinement or early release is the only reasonable response to this unprecedented and deadly pandemic…any response other than release or home confinement placement constitutes deliberate indifference.” This first-of-its-kind ruling has potentially far-reaching ramifications for all correctional facilities throughout the country and evidences a complete disregard for longstanding principles of federalism and comity that ordinarily limit federal court intrusion into matters within the purview of state government.

Abbott Nicholson has served as outside counsel for MSA for over a decade and routinely represents Sheriffs throughout the State of Michigan.