Case: Faver v. Bayh

Docket No. Not Available | Indiana state trial court

Filed Date: 1996

Clearinghouse coding complete

Case Summary

During or prior to 1996, two inmates housed in the Protective Custody Unit (PCU) of the Indiana State Farm filed a class action lawsuit alleging that the State violated their rights under the state and federal constitutions and state statutes by treating them differently from inmates in the general population. The Putnam Circuit Court (Judge Diana LaViolette) certified a plaintiff class consisting of all present and future prisoners who were or would be subject to protective custody subsequent…

During or prior to 1996, two inmates housed in the Protective Custody Unit (PCU) of the Indiana State Farm filed a class action lawsuit alleging that the State violated their rights under the state and federal constitutions and state statutes by treating them differently from inmates in the general population. The Putnam Circuit Court (Judge Diana LaViolette) certified a plaintiff class consisting of all present and future prisoners who were or would be subject to protective custody subsequent to the filing of the complaint.

The claims of most of the members of the plaintiff-class were settled prior to trial. After a two-day bench trial, the trial court entered judgment in favor of the State on the remaining claims.

The plaintiffs appealed and the Indiana Court of Appeals (Judge Edward W. Najam) reversed the Circuit Court. Faver v. Bayh, 689 N.E.2d 727 (Ind. Ct. App. 1997). The Court of Appeals held that (1) the State violated the Equal Protection Clause by denying inmates who were voluntarily housed in PCU "idle pay" while providing such pay to general population inmates and inmates involuntarily committed to PCU; and (2) the State violated Title 11 of the Indiana Code by denying education programs to PCU inmates.

The case appears to have remained active for some years following the 1997 Court of Appeals Decision. On January 25, 2000, the Court of Appeals of Indiana (Judge John G. Baker) affirmed some unknown action of the lower court via an unpublished Memorandum Decision. Faver v. Bayh, 722 N.E.2d 917 (Ind.App. 2000).

We have no further information on this case.

Summary Authors

Vidhya Reddy (3/4/2008)

People


Judge(s)

Najam, Edward W. Jr. (Indiana)

Staton, Robert H. (Indiana)

Sullivan, Jeremiah (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Modisett, Jeffrey A. (Indiana)

Expert/Monitor/Master

Baker, John G. (Indiana)

Judge(s)

Najam, Edward W. Jr. (Indiana)

Staton, Robert H. (Indiana)

Sullivan, Jeremiah (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Modisett, Jeffrey A. (Indiana)

Expert/Monitor/Master

Baker, John G. (Indiana)

Documents in the Clearinghouse

Document

67AV1-9607-CV-220

Opinion

Indiana state appellate court

689 N.E.2d 727

Dec. 10, 1997

Dec. 10, 1997

Order/Opinion

67A05-9901-CV-44

Table Opinion

Indiana state appellate court

722 N.E.2d 917

Jan. 25, 2000

Jan. 25, 2000

Order/Opinion

Resources

Docket

Last updated Aug. 1, 2022, 3:03 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Key Dates

Filing Date: 1996

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

All present and future Inmates who were or would be in protective custody at the Indiana State Farm, located in Putnamville, Indiana, subsequent to the filing of the complaint.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Indiana Department of Corrections, State

Case Details

Causes of Action:

State law

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Issues

General:

Administrative segregation

Education

Protective custody

Affected Gender:

Male

Type of Facility:

Government-run