County Circuit Court Judge Tosses $500M Suit Alleging Women Inmates “Injured” When Filmed During Strip Searches: “Psychological Distress Not Physical Injury”

Note: Judge Owdziej presided over a FOIA lawsuit filed against Washtenaw County in 2024, and issued a final ruling in favor of the A2Indy in Jan. 2025.

by P.D. Lesko

A $500 million lawsuit alleging invasion of privacy, and emotional distress filed against the Michigan Dept. of Corrections was dismissed today by Washtenaw County Circuit Court Judge Julia B. Owdziej. The suit, filed by Flood Law on behalf of 20 women prisoners at the Women’s Huron Valley Correctional Facility in Washtenaw County, alleged that the Michigan Department of Corrections instructed guards to use body cameras during routine strip searches. The women, the suit alleged, were subjected to lewd comments from corrections officers during strip searches.

The $500 million lawsuit named as defendants the Michigan Department of Corrections, Governor Gretchen Whitmer, MDOC Director Heidi Washington, Deputy Director Jeremy Bush, Warden Jeremy Howard, Assistant Deputy Warden Steve Horton, and numerous other officials. Flood Law filed the lawsuit on behalf of the inmates in May 2025. In a press release, the law firm’s spokesperson said Flood Law plans to add 850 more plaintiffs to the suit and to appeal Judge Owdziej’s ruling to the Michigan Court of Appeals.

The lawsuit alleged multiple violations, including invasion of privacy, intentional infliction of emotional distress, sex-based discrimination under Michigan’s Elliot-Larson Civil Rights Act, and violations of Michigan constitutional rights.

“What these women continue to endure is nothing short of horrific. This case exposes a grotesque abuse of power that directly re-traumatizes survivors of sexual assault,” said Todd Flood, managing partner of Flood Law, when the lawsuit was filed in May. “Despite multiple warnings about the policy’s illegality from advocacy organizations and state legislators, MDOC officials have failed to fully halt these privacy violations.”

While the lawsuit claimed that many of the women whom Flood Law represents experienced severe physical manifestations of psychological distress, including debilitating panic attacks, insomnia, gastrointestinal distress and exacerbation of pre-existing conditions, Judge Owdziej ruled that panic attacks, insomnia and other symptoms of psychological distress were not “physical injuries.” Absent evidence of physical injuries, the Judge ruled the women can’t sue under Michigan’s Prison Litigation Reform Act (PLRA).

MCL 600.5511 of PLRA states, “A person shall not bring an action against this state or a subdivision of this state, or an official, employee, or agent of this state or a subdivision of this state, for mental or emotional injury suffered while in custody without a showing of physical injury arising out of the incident giving rise to the mental or emotional injury.”

A press release sent by Flood Law after Judge Owdziej’s ruling said, “Judge Owdziej said panic attacks, insomnia or trauma responses don’t count as physical injury. She said the women hadn’t proven they were harmed.”

Michigan Court of Appeals records show that among the judges who serve on the 22nd Circuit Court, Judge Owdziej is one of the least reversed judges at the appellate level.

To succeed at the appellate level, Flood Law will have to present a three-judge panel with case law and/or evidence that Judge Owdziej’s dismissal of the $500 million lawsuit involved a palpable legal error, or that the judge abused her discretion in dismissing the suit. As a rule, appeals may not introduce any new evidence. Rather, the appellant asks appeals court judges to re-examine the pleadings filed in the trial court, along with a transcript of the hearings, and to rule whether there were legal errors made by the presiding judge, or that the dismissal was an abuse of the judge’s discretion.

If Judge Owdziej’s ruling to dismiss the suit filed on behalf of the prisoners in the Women’s Huron Valley Correctional Facility is reversed, the case will be remanded to Judge Owdziej with explicit instructions from the Court of Appeals outlining her legal and/or discretionary mistakes, and will be accompanied by an order to correct the mistakes. The Court of Appeals almost always remands a successful appeal to the same judge who heard the case.

Todd Flood said, “This case is meritorious on all fours and unfortunately, we have to exhaust the judicial remedy of going to the court of appeals to have a second look.”