The legal
team that won a landmark verdict for female Michigan
prisoners who suffered years of sexual abuse and retaliation
were named winners of the Public Justice 2008 Trial Lawyers
of the Year Award at a Philadelphia gala on July 15.
Michigan
attorneys Deborah LaBelle, Richard Soble, Patricia A.
Streeter and Shannon L. Dunn of Ann Arbor; Molly Reno
of Whitmore Lake; Michael Pitt, Peggy Goldberg Pitt, and
Cary S. McGehee of Royal Oak; and Ronald J. Reosti
and Ralph Sirlin of Pleasant Ridge, captured the
nationally prestigious honor, which recognizes lawyers who
made extraordinary contributions to the public interest by
trying or settling a precedent-setting case.
After 12
years of litigation, the Michigan team won a jury verdict
totaling more than $30 million for the first ten class
members to go to trial in the class action case. Neal was
the first case to hold that Michigan's Civil Rights Act -
intended to protect individuals against discrimination in
public services -applies to prisoners. Moreover, after the
team demonstrated the egregiousness of the state's conduct,
the jury itself issued an apology to the female inmates on
behalf of the citizens of Michigan.
For years,
female prisoners in the sate were subjected to groping,
forced oral sex, rape, prurient viewing and - when they
attempted to report the abuse- retaliation. The treatment of
women and girls in Michigan's prisons at the hands of male
guards had been described as tantamount to torture.
The dozen
years of litigation involved fierce resistance from the
state, answered by more than 13 orders compelling the
state's cooperation with the plaintiffs and three sanction
orders. At one time, the state went so far as to change the
state Civil Rights Act to eliminate protection for
prisoners. The legal team's challenge resulted in a ruling
that prisoners are protected under the act.
In
February, a unanimous jury found that a hostile sexual
environment existed at the prisons and that the state had
failed to protect the women from abuse. The jury awarded
significant damages and the apology.
Speaking
for the winning team, Reno told an audience of several
hundred public interest lawyers and advocates that the award
would encourage the lawyers for the remaining 49 cases
against the state Corrections Department.
The
Michigan lawyers were among 28 attorneys in three cases
named as finalists for their committed work in the public
interest. Twenty cases had been nominated for the annual
honor.
The other
finalist cases and teams were:
Los Angeles
Archdiocese and San Diego Catholic Abuse Litigation:
More than 700 individual lawsuits against the Roman Catholic
Church for sexual abuse dating as far back as the 1930s.
Last July, attorneys Raymond P. Boucher and
Anthony DeMarco of Beverly Hills; Katherine Freberg of
Irvine, Calif.; Stephen Rubino of Margate, N.J; Terry Giles
of Houston, Tex.; Irwin Zalkin of San Diego; Timothy Hale of
Santa Barbara; Laurence Drivon of Stockton, Calif; and
Jeff Anderson of St. Paul, Minn., won a $660 million
settlement from the Los Angeles Archdiocese for 508
survivors of childhood sexual abuse in and, in September
2007, the San Diego Diocese agreed to pay $198 million to
150 survivors. The settlements also provided for the public
dissemination of long-secret personnel files of child
molesting clergy, allowing the truth about the abuse to be
known at last.
Perrine v. DuPont de Nemours and Company: Class action lawsuit on behalf of 8,000 residents of
Spelter, W.Va., charging DuPont with negligence, public and
private nuisance, trespass and other violations in
connection with its zinc smelting plant, which released
arsenic, cadmium, and lead into the soil and air. After
nearly four years of litigation, Mike Papantonio,
Virginia M. Buchanan, Ned McWilliams, and Brian H.
Barr of Pensacola, Fla.; J. Farrest Taylor, Angela Mason,
Joseph D. Lane and J. Keith Givens of Dothan, Ala.;
and Robert F. Kennedy, Jr. of Hurley, N.Y.,
eventually forced DuPont to clean up West Virginia's biggest
environmental disaster, winning about $380million for their
clients, including $130 million for 40 years of medical
monitoring, $55 million for decontamination of property;
and$196 million in punitive damages.