Case: Kress v. CCA of Tennessee

1:08-cv-00431 | U.S. District Court for the Southern District of Indiana

Filed Date: April 2, 2008

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On April 2, 2008, the female inmates of a private jail in Indianapolis, brought a class action lawsuit against Corrections Corporation of America (CCA), claiming the conditions of confinement and the medical care at a CCA facility in Indiana violated their Eighth Amendment rights. Specifically, the plaintiffs alleged violations of mail policies, availability and handling of grievances, medical care, and privacy of medical information at the jail. The plaintiffs emphasized that the jail provide…

On April 2, 2008, the female inmates of a private jail in Indianapolis, brought a class action lawsuit against Corrections Corporation of America (CCA), claiming the conditions of confinement and the medical care at a CCA facility in Indiana violated their Eighth Amendment rights.

Specifically, the plaintiffs alleged violations of mail policies, availability and handling of grievances, medical care, and privacy of medical information at the jail. The plaintiffs emphasized that the jail provided inadequate medical care and exposed inmates to inhumane living conditions so egregious that they amounted to cruel and unusual punishment.

The prisoners were subjected to overcrowded living conditions in which upwards of 150 prisoners were forced to share a single toilet and sink; deprived of food and water for extended periods of time; housed in trash, mold and insect-infested living conditions; and required to reveal confidential medical information in the presence of other prisoners.

On June 12, 2008, the plaintiffs filed a motion for class certification, defining their class as "any and all persons currently, or who will be in the future, confined in the jail facility."

On December 2010, the district court certified the class, but dismissed many of the claims filed in plaintiffs' complaint from class certification. Specifically, the court held they were entitled to proceed on the “inherently transitory” exception, in which the plaintiffs must show that "it is uncertain that a claim will remain live for any individual who could be named as a plaintiff long enough for a court to certify the class; and there will be a constant class of persons suffering the deprivation complained of in the complaint.”

The district court found that the plaintiffs met the test to proceed as a class for declaratory and injunctive relief. However, the court dismissed the individual plaintiffs’ claims because they were no longer incarcerated at the jail. A class defined as “any and all persons currently, or who will be in the future, confined to the jail" was certified by the district court.

The dismissed issues included claims that the jail failed to provide adequate medical care, personal and legal mail, record claims, and that the conditions of confinement inside the jail were inhumane, and that the procedures in the jail violated inmates' rights under the Health Insurance Portability and Accountability Act ("HIPAA").

The court allowed three class claims to proceed: The Unsafe Conditions Count alleged the presence of mold and insect infestations, inadequate security staffing, and broken heating and air conditioning systems in violation of the Eighth and Fourteenth Amendments. The Privacy Count alleged violations of HIPAA’s medical privacy provisions because two prisoners were in the same room at the same time when they were questioned about their medical history. Finally, the Incentives Count alleged “that CCA paid its administrators financial incentives to encourage them to treat fewer medical patients, decline to report errors, and generally report more favorable conditions than were in fact present” at the jail.

The plaintiffs filed a motion for reconsideration but was denied on January 25, 2011.

On January 28, 2011, CCA moved for summary judgment on the remaining issues, and on April 13, 2011, the district court granted their motion as to the three remaining class-action claims and dismissed the case in its entirety.

In regard to the HIPAA claims, the court found that “HIPAA does not grant a private right of action.” Thus, those claims were dismissed. As for the plaintiffs’ Eighth and Fourteenth Amendment claims, the district court held that it would consider the claims in light of conditions at the jail as they currently exist, not as they existed in 2008 when the lawsuit was filed.

The plaintiffs sought review of the court's decision to deny their class certification for their claim regarding CCA's reduction of daily pill calls for inmates from three times a day to two times a day; the court's order granting summary judgment in favor of CCA regarding conditions of confinement, and the district court's order denying plaintiffs' motion to amend the judgment claiming the district court erred on the evidentiary standard to create a constitutional violation.

On August 24, 2011, the plaintiffs filed an appeal to the United States Court of Appeals, Seventh Circuit.

On September 14, 2012, the Seventh Circuit upheld the district court’s finding that the plaintiffs had failed to satisfy the class certification typicality requirement for claims challenging CCA’s reduction of medication calls from three to two times a day. The Court also affirmed the district court’s grant of summary judgment to CCA, noting that CCA had “presented an affidavit from 2011 in which the jail warden testified that measures had been taken to remedy the ... problems in 2008 and 2009, after plaintiffs had left the jail.” The plaintiffs failed to offer evidence that such remedial measures had not been taken and, therefore, failed to establish an ongoing constitutional violation warranting injunctive relief. 694 F.3d 890, Sept. 14, 2012.

This case is now closed.

Summary Authors

Kya Henley (4/3/2014)

Ginny Lee (4/10/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4762143/parties/kress-v-cca-of-tennessee-llc/


Judge(s)

Bauer, William Joseph (Illinois)

Hamilton, David Frank (Indiana)

Lynch, Debra McVicker (Indiana)

McKinney, Larry J. (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Sykes, Diane S. (Wisconsin)

Attorneys(s) for Plaintiff

Lenkowsky, Adam (Indiana)

Ogden, Paul K (Indiana)

Roberts, Kenneth T (Indiana)

Attorneys(s) for Defendant

Hahn, William A (Indiana)

Judge(s)

Bauer, William Joseph (Illinois)

Hamilton, David Frank (Indiana)

Lynch, Debra McVicker (Indiana)

McKinney, Larry J. (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Sykes, Diane S. (Wisconsin)

Attorneys(s) for Plaintiff

Lenkowsky, Adam (Indiana)

Ogden, Paul K (Indiana)

Roberts, Kenneth T (Indiana)

Attorneys(s) for Defendant

Hahn, William A (Indiana)

Overholt, Anthony W. (Indiana)

Rosiello, Michael (Indiana)

Springer, Jennifer Lynn Haley (Indiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 9, 2012 Docket
1

Complaint for Declaratory and Injunctive Relief

April 2, 2008 Complaint
17

Amended Complaint for Declaratory and Injunctive Relief

April 28, 2008 Complaint
43

Entry on Plaintiffs' Motion to Certify State Law Questions

2008 WL 4627828

Oct. 17, 2008 Order/Opinion
49

Entry on Plaintiffs' Motion to Reconsider or Clarify

2008 WL 4906156

Nov. 14, 2008 Order/Opinion
52

Entry on Motions to Disqualify

2008 WL 5216018

Dec. 11, 2008 Order/Opinion
85

Memorandum Opinion & Order on Defendants' Affirmative Defense

2010 WL 2694986

July 2, 2010 Order/Opinion
109

Order on Plaintiffs' Motion for the Entry of an Injunction

2010 WL 4751584

Nov. 16, 2010 Order/Opinion
111

Order on Plaintiffs' Motion for Class Certification

272 F.R.D. 222

Dec. 1, 2010 Order/Opinion
121

Order on Plaintiffs' Motion for Reconsideration of Order of Class Certification as to Faculty-Wide Order to Eliminate Third Pill Call Round

2011 WL 304648

Jan. 25, 2011 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4762143/kress-v-cca-of-tennessee-llc/

Last updated May 20, 2022, 2:41 a.m.

ECF Number Description Date Link
43

ORDER denying 38 Plaintiffs' Motion to Certify State Law Questions. Signed by Judge David Frank Hamilton on 10/17/2008. (LBK)

Oct. 17, 2008 RECAP
1

COMPLAINT against all defendants, filed by all plaintiffs.(DWH) (Entered: 04/03/2008)

April 2, 2008
2

CIVIL COVER SHEET, filed by Plaintiffs ALAN KRESS, BILLY FORD, ERIC STAGGS, TIMOTHY−PATRICK TREACY and RANDY CARR. (DWH) Modified on 4/3/2008 (DWH). (Entered: 04/03/2008)

April 2, 2008
49

ORDER denying 45 Motion for Reconsideration re 43 Order on Motion to Certify State Law Questions filed by RANDY CARR, ERIC STAGGS, TIMOTHY-PATRICK TREACY, ALAN KRESS, BILLY FORD. Signed by Judge David Frank Hamilton on 11/14/2008. (LBK)

Nov. 14, 2008 RECAP
4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DWH) (Entered: 04/03/2008)

April 2, 2008
52

ORDER denying 51 Motion to Disqualify. Signed by Judge David Frank Hamilton on 12/11/2008. (LBK)

Dec. 11, 2008 RECAP
5

Summons Issued as to CCA OF TENNESSEE, LLC, and MARION COUNTY SHERIFF FRANK ANDERSON. (DWH) (Entered: 04/03/2008)

April 2, 2008
85

ORDER - The stay on discovery and briefing in this case (Dkt. No. 57) is LIFTED. A telephonic status conference is set before Magistrate Judge Lynch on Wednesday, July 21, 2010, at 10:30 a.m. Counsel shall call 317-229-3630. The parties shall confer and file a proposed Case Management Plan by Friday, July 16, 2010, which they shall be prepared to discuss at the status conference. The parties shall proceed in accordance with the foregoing findings of facts and conclusions of law. In addition, Defendants' motion to admit certain testimony that was given at the hearing held on Plaintiffs' Motion for Rule to Show Cause is DENIED AS MOOT. See order for specific details. Signed by Judge Larry J. McKinney on 7/2/2010.(REO)

July 2, 2010 RECAP
6

NOTICE of Appearance by Jonathan Lamont Mayes on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) (Entered: 04/07/2008)

April 7, 2008
109

ORDER - Plaintiffs' Motion for the Entry of an Injunction on the Issue of Grievances and to set Dates Regarding the Filing of a Fee Petition 92 is DENIED. In addition, Counts Five, Six, and Fifteen of Plaintiffs' Amended Complaint, alleging that Defendants violated the grievance processes in the PLRA and Indiana Jail Standards, are DISMISSED. Signed by Judge Larry J. McKinney on 11/16/2010. (REO)

Nov. 16, 2010 RECAP
7

NOTICE of Parties' First Extension of Time, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) (Entered: 04/07/2008)

April 7, 2008
111

ORDER granting in part and denying in part 29 Motion to Certify Class - Class Certification is GRANTED as to Counts Three, Four, Ten, Twelve, Fourteen, Eighteen, and Twenty and DENIED as to all other Counts of Plaintiffs' Amended Complaint. T he Court will conditionally certify a class as follows: "Any and all persons currently, or who will be in the future, confined in the Jail #2 facility." Counts One, Two, Seven, Eight, Nine, Eleven, Thirteen, Sixteen, Seventeen, and Nineteen are DISMISSED in theirentirety. Additionally, all of Plaintiffs' claims in their individual capacities under Counts Three, Four, Ten, Twelve, Fourteen, Eighteen, and Twenty are DISMISSED as moot. Signed by Judge Larry J. McKinney on 12/1/2010. (See order for further details.) (REO)

Dec. 1, 2010 RECAP
8

RETURN of Personal Service, filed by all plaintiffs. CCA OF TENNESSEE, LLC served on 4/2/2008; MARION COUNTY SHERIFF FRANK ANDERSON served on 4/2/2008. (Ogden, Paul) (Entered: 04/17/2008)

April 17, 2008
121

ORDER denying 113 Motion for Reconsideration. Signed by Judge Larry J. McKinney on 1/25/2011. (See order for specific details.) (REO)

Jan. 25, 2011 RECAP
9

NOTICE of Appearance by William A. Hahn on behalf of Defendant CCA OF TENNESSEE, LLC. (Hahn, William) (Entered: 04/18/2008)

April 18, 2008
132

ORDER - Defendants' Motion for Summary Judgment 122 is GRANTED in its entirety. Judgment shall issue accordingly. Signed by Judge Larry J. McKinney on 4/13/2011. (See order for specific details.) (REO)

April 13, 2011 RECAP
133

CLOSED JUDGMENT - Through an Order dated April 13, 2011, the Court granted summary judgment in favor of defendants, CCA of Tennessee, LLC et al, and against plaintiffs, Alan Kress and Randy Carr on behalf of a class of those similarly situated, on plaintiffs' complaint under 42 U.S.C. § 1983. Judgment is entered accordingly. Signed by Judge Larry J. McKinney on 4/13/2011.(REO)

April 13, 2011 RECAP
10

NOTICE of Appearance by Michael Rosiello on behalf of Defendant CCA OF TENNESSEE, LLC. (Rosiello, Michael) (Entered: 04/18/2008)

April 18, 2008
11

NOTICE of Parties' First Extension of Time, filed by Defendant CCA OF TENNESSEE, LLC. (Hahn, William) (Entered: 04/18/2008)

April 18, 2008
139

ORDER denying Plaintiffs' 134 Motion to Amend in its entirety. The 4/13/2011 Order granting summary judgment to Defendants remains in effect (S.O.). Signed by Judge Larry J. McKinney on 7/26/2011. (MAC)

July 26, 2011 RECAP
12

MOTION for Rule to Show Cause As To Why Defendant CCA and Warden Jeff Conway Should Not Be Held in Contempt and Sanctioned for Retaliation Against Named Plaintiffs , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: # 1 Exhibit A (Affidavits of Named Plaintiffs), # 2 Text of Proposed Order Setting Hearing (Ogden, Paul) Modified on 4/21/2008 (LSC). (Entered: 04/20/2008)

April 20, 2008
13

Emergency MOTION to Order CCA to Immediately Transport Plaintiff Eric Staggs for Medical Review and Treatment , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: # 1 Text of Proposed Order Order on Verified Emergency Motion to Order CCA to Immediately Transport Plaintiff Eric Staggs for Medical Review and Treatment)(Ogden, Paul) (Entered: 04/21/2008)

April 21, 2008
14

ORDER re 12 Motion for Rule to Show Cause − The motion does not identify a court order the defendants might have violated. The court proposes to treat pltfs' motion as one for a temporary restraining order with notice. SCHEDULING ORDER − Hearing on motion set for 4/29/2008 at 03:00 PM in room #344 before Judge David Frank Hamilton. The court will issue one or more orders to ensure that the named plaintiffs can be present (to testify if needed). Signed by Judge David Frank Hamilton on 4/21/2008.(LSC) (Entered: 04/21/2008)

April 21, 2008
15

Courtroom Minutes for proceedings held before Judge David F. Hamilton on 04/21/2008. Hearing held to address Emergency Motion to Order CCA to Immediately Transport Plaintiff Eric Staggs for Medical Review and Treatment; arguments presented, Dr. Propst testified; for the reasons stated on the record, the Court denied the Motion 13 . (CEB) (Entered: 04/21/2008)

April 21, 2008
16

ORDER to Produce Inmates at Court Proceeding on 4/29/2008 re defts KRESS, STAGGS, CARR, FORD and TREACY. Signed by Judge David Frank Hamilton on 4/24/2008. c/m(LSC) (Entered: 04/24/2008)

April 24, 2008
17

AMENDED COMPLAINT against all defendants, filed by all plaintiffs.(Ogden, Paul) (Entered: 04/28/2008)

April 28, 2008
18

Courtroom Minutes for hearing at which the Court (Judge David Frank Hamilton) denied 12 Motion for Rule to Show Cause as to Why Defendant CCA and Warden Jeff Conway Should Not Be Held in Contempt and Sanctioned for Retaliation Againt Named Plaintiffs. Plaintiffs called as witnesses Jeff Conway, Amy Shovan, Alan Kress, Billy Ford, Dr. Neil Propst, Eric Staggs, Timothy−Patrick Treacy and Randy Carr; plaintiffs rested; defendant CCA called as witnesses Amy Shovan and Michelle Ryder; defendant CCA rested; arguments presented; motion denied. Court Reporter F. Pratt. (CEB) (Entered: 04/30/2008)

April 30, 2008
19

NOTICE of Filing of Motion for Consolidation by all plaintiffs (Attachments: # 1 Exhibit A − Motion for Consolidation) (Lenkowsky, Adam) (Entered: 05/01/2008)

May 1, 2008
20

NOTICE of Parties' First Extension of Time, filed by Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Mayes, Jonathan) (Entered: 05/05/2008)

May 5, 2008
21

Summons Issued as to VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST. (LSC) (Entered: 05/05/2008)

May 5, 2008
22

NOTICE to Court of Violation of Court's Rule Against Use of Camera Cell Phones , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR (Ogden, Paul) (Entered: 05/12/2008)

May 12, 2008
23

NOTICE Response to Plaintiffs' "Notice to Court of Violation of Court's Rule Against Use of Camera Cell Phone" , filed by Defendants CCA OF TENNESSEE, LLC, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST, re 22 Notice (Other). (Hahn, William) (Entered: 05/16/2008)

May 16, 2008
24

AFFIDAVIT in Support of Notice to Court of Violation of Court's Rule Against Use of Camera Cell Phones by all plaintiffs. (Ogden, Paul) (Entered: 05/17/2008)

May 17, 2008
25

NOTICE of Appearance by Michael Rosiello on behalf of Defendants VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST. (Rosiello, Michael) (Entered: 05/22/2008)

May 22, 2008
26

NOTICE of Appearance by William A. Hahn on behalf of Defendants VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST. (Hahn, William) (Entered: 05/22/2008)

May 22, 2008
27

ANSWER to 17 Amended Complaint, filed by MARION COUNTY SHERIFF FRANK ANDERSON.(Mayes, Jonathan) (Entered: 05/22/2008)

May 22, 2008
28

ANSWER to Amended Complaint , filed by Defendants VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST. (Hahn, William) (Entered: 05/22/2008)

May 22, 2008
29

MOTION to Certify Class, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: # 1 Text of Proposed Order)(Lenkowsky, Adam) (Entered: 06/12/2008)

June 12, 2008
30

BRIEF/MEMORANDUM in Support re 29 MOTION to Certify Class, filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Lenkowsky, Adam) (Entered: 06/12/2008)

June 12, 2008
31

SCHEDULING ORDER: Initial Pretrial Conference set for 7/3/2008 08:30 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Magistrate Judge William T. Lawrence on 6/13/08.(JHO) (Entered: 06/13/2008)

June 13, 2008
32

MOTION for Extension of Time to file response to 29 MOTION to Certify Class , filed by Defendants CCA OF TENNESSEE, LLC, VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST, MARION COUNTY SHERIFF FRANK ANDERSON. (Attachments: # 1 Text of Proposed Order)(Rosiello, Michael) Modified on 6/19/2008 (LSC). (Entered: 06/18/2008)

June 18, 2008
33

ORDER granting 32 Defendants' motion for an enlargement of time to respond to Plaintiffs' Motion for Class Certification, to a date to be determined at the Initial Pretrial Conference scheduled for July 3, 2008. Signed by Magistrate Judge William T. Lawrence on 6/19/08. (TMA) (Entered: 06/19/2008)

June 19, 2008
34

CASE MANAGEMENT PLAN TENDERED, filed by Defendants CCA OF TENNESSEE, LLC, VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST, MARION COUNTY SHERIFF FRANK

June 26, 2008
36

Entry for July 1, 2008 − The initial pretrial conf set for Thursday, July 3, 2008, at 8:30 a.m. is hereby vacated. (see entry). Signed by Judge William T. Lawrence on 7/1/2008.(MRI) (Entered: 07/01/2008)

July 1, 2008
37

Reassignment of Case to Magistrate Judge Tim A. Baker. Judge William T. Lawrence no longer assigned to the case. Please include the new case number (1:08−cv−431−DFH−TAB), which includes the initials of the newly assigned judge, on all future filings in this matter. (WMK) (Entered: 07/08/2008)

July 8, 2008
38

MOTION to Certify State Law Questions for Indiana Supreme Court , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Ogden, Paul) (Entered: 07/09/2008)

July 9, 2008
39

BRIEF/MEMORANDUM in Support re 38 MOTION to Certify State Law Questions for Indiana Supreme Court , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: # 1 Exhibit A (State Regulation − Grievance Policy), # 2 Exhibit B (State Regulation − Mail Procedure), # 3 Exhibit C (CCA Grievance Policy), # 4 Exhibit D (CCA Mail Policy), # 5 Exhibit E (Sheriff's Grievance Policy), # 6 Exhibit F (Sheriff's Mail Policy))(Ogden, Paul) (Entered: 07/09/2008)

July 9, 2008
40

AMENDED BRIEF/MEMORANDUM in Support re 38 MOTION to Certify State Law Questions for Indiana Supreme Court Amended , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: # 1 Exhibit A (Indiana Jail Grievance Regulation), # 2 Exhibit B (Indiana Jail Mail Handling Regulation, # 3 Exhibit C (CCA's Grievance Policy), # 4 Exhibit D (CCA's Mail Handling Policy), # 5 Exhibit E (Sheriff's Greivance Policy), # 6 Exhibit F (Sheriff's Mail Handling Policy))(Ogden, Paul) Modified on 7/14/2008 (LBK). (Entered: 07/13/2008)

July 13, 2008
41

RESPONSE in Opposition re 38 MOTION to Certify State Law Questions for Indiana Supreme Court , filed by Defendants CCA OF TENNESSEE, LLC, VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, DR. NEIL PROBST. (Hahn, William) (Entered: 07/25/2008)

July 25, 2008
42

REPLY in Support of Motion re 38 MOTION to Certify State Law Questions for Indiana Supreme Court to Certify State Law Questions for Indiana Supreme Court , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Ogden, Paul) (Entered: 08/01/2008)

Aug. 1, 2008
44

Reassignment of Case to Magistrate Judge Debra McVicker Lynch. Magistrate Judge Tim A. Baker no longer assigned to the case. Please include the new case number (1:08−cv−0431−DFH−DML), which includes the initials of the newly assigned judge, on all future filings in this matter. (TMA) (Entered: 10/24/2008)

Oct. 24, 2008
45

MOTION for Reconsideration re 43 Order on Motion to Certify State Law Questions , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Ogden, Paul) (Entered: 10/24/2008)

Oct. 24, 2008
46

MOTION to Dismiss Named Plaintiff Timothy−Patrick Treacy , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: # 1 Text of Proposed Order Order on Motion to Dismiss Named Plaintiff)(Ogden, Paul) (Entered: 10/25/2008)

Oct. 25, 2008
47

ORDER granting 46 Motion to Dismiss Plaintiff Timothy−Patrick Treacy as Named Plaintiff. Signed by Judge David Frank Hamilton on 10/30/2008. (LBK) (Entered: 10/30/2008)

Oct. 30, 2008
50

Corporate Disclosure Statement by CCA OF TENNESSEE, LLC identifying Corporate Parent CORRECTIONS CORPORATION OF AMERICA for CCA OF TENNESSEE, LLC.. (Hahn, William) (Entered: 11/14/2008)

Nov. 14, 2008
51

MOTION for Recusal , filed by Plaintiffs ALAN KRESS, BILLY FORD, ERIC STAGGS, RANDY CARR. (Attachments: # 1 Text of Proposed Order Order on Plaintiffs' Motion to Recuse)(Ogden, Paul) (Entered: 11/18/2008)

Nov. 18, 2008
53

SCHEDULING ORDER: Pretrial Conference set for 2/3/2009 04:30 PM in room #316 before Magistrate Judge Debra McVicker Lynch. Signed by Magistrate Judge Debra McVicker Lynch on 1/8/09. (TMA) (Entered: 01/09/2009)

Jan. 8, 2009
54

SCHEDULING ORDER: Telephonic Scheduling Conference set for Monday, January 12, 2009, at 09:30 AM before Judge David Frank Hamilton. Issued by Judge David Frank Hamilton on 1/9/09.(WJC) (Entered: 01/09/2009)

Jan. 9, 2009
55

Minute Entry for proceedings held before Judge David Frank Hamilton: Status Conference held on 1/12/2009. (WJC) (Entered: 01/13/2009)

Jan. 12, 2009
56

MOTION to Reinstate Timothy−Patrick Treacy as Named Plaintiff , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Attachments: # 1 Affidavit of Tim Treacy (Exhibit A), # 2 Text of Proposed Order)(Ogden, Paul) Modified on 1/20/2009 (LBK). (Entered: 01/16/2009)

Jan. 16, 2009
57

ENTRY on Case Management Issues. Briefing on Motion for Class Certification is STAYED (See Entry). Signed by Magistrate Judge Debra McVicker Lynch on 2/2/09. (TMA) (Entered: 02/02/2009)

Feb. 2, 2009
58

Minute Entry for proceedings held before Magistrate Judge Debra McVicker Lynch: Pretrial Conference held on 2/3/09. (See Entry) (TMA) (Entered: 02/05/2009)

Feb. 4, 2009
59

ENTRY on Discovery Issue raised at the 2/3/09 Pretrial Conference (S.E.). Signed by Magistrate Judge Debra McVicker Lynch on 2/19/2009.(MAC) (Entered: 02/19/2009)

Feb. 19, 2009
60

ORDER granting 56 Motion to Reinstate Timothy−Patrick Treacy as Named Plaintiff. Signed by Judge David Frank Hamilton on 2/27/2009. (LBK) (Entered: 02/27/2009)

Feb. 27, 2009
61

MOTION for Reconsideration re 59 Entry on Discovery Issue Raised at February 3, 2009 Pretrial Conference , filed by Plaintiffs ALAN KRESS, BILLY FORD, TIMOTHY−PATRICK TREACY, ERIC STAGGS, RANDY CARR. (Ogden, Paul) (Entered: 03/02/2009)

March 2, 2009
62

TRANSCRIPT of Proceedings held on 4−29−08, before Judge David Frank Hamilton. Court Reporter/Transcriber Fred Pratt, Telephone number (317) 916−8209. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Statement due 3/26/2009. Release of Transcript Restriction set for 6/3/2009. (Pratt, Fred) Released on 6/3/2009 (TLH). (Entered: 03/05/2009)

March 5, 2009
63

NOTICE of FILING of OFFICIAL TRANSCRIPT of Proceedings held before Judge David Frank Hamilton on 04−29−08. (Pratt, Fred) (Entered: 03/05/2009)

March 5, 2009
65

MOTION Agreed Motion to Amend Hearing Briefing Schedule regarding Platintiffs' Exhaustion of Administrative Remedies , filed by Defendant CCA OF TENNESSEE, LLC. (Attachments: # 1 Text of Proposed Order Order Regarding Agreed Motion)(Hahn, William) (Entered: 05/12/2009)

May 12, 2009
66

ORDER granting 65 agreed motion by the parties seeking to enlarge the schedule for submitting hearing briefs by fourteen (14) days. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch on 5/13/2009. (TMA) (Entered: 05/13/2009)

May 13, 2009
67

PRETRIAL MEMORANDUM by CCA OF TENNESSEE, LLC. (Hahn, William) (Entered: 05/29/2009)

May 29, 2009
68

TRIAL BRIEF REGARDING CCA'S FAILURE TO MAKE GRIEVANCE PROCESS AVAILABLE TO PLAINTIFFS by all plaintiffs. (Ogden, Paul) (Entered: 06/19/2009)

June 19, 2009
69

TRIAL BRIEF Reply by CCA OF TENNESSEE, LLC, VIRGINIA LEE, TIMOTHY LITTLE, WARDEN JEFF CONWAY, NEIL PROBST. (Hahn, William) (Entered: 06/26/2009)

June 26, 2009
70

NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Overholt, Anthony) (Entered: 09/11/2009)

Sept. 11, 2009
71

Reassignment of Case to Judge Larry J. McKinney. Judge David Frank Hamilton no longer assigned to the case. Please include the new case number ( 1:08−cv−00431−LJM−DML), which includes the initials of the newly assigned judge, on all future filings in this matter. (TRG) (Entered: 11/29/2009)

Nov. 29, 2009
72

SCHEDULING ORDER:The Court hereby SETS this matter for an evidentiary hearing on 3/17/2010 at 09:00 AM in room #202 before Judge Larry J. McKinney. Signed by Judge Larry J. McKinney on 2/24/2010.(TRG) (Entered: 02/24/2010)

Feb. 24, 2010
73

SCHEDULING ORDER: The Court hereby VACATES the March 17, 2010, evidentiary hearing in this matter(Dkt. No. 72 ) and RESETS it for Thursday, March 18, 2010, at 10:30 a.m., Courtroom 202, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Judge Larry J. McKinney on 3/3/2010.(TRG) (Entered: 03/05/2010)

March 3, 2010
74

ORDER to Produce Inmate at Court Proceeding − Superintendent ordered to produce Alan Kress on 3/18/2010. Signed by Judge Larry J. McKinney on 3/15/2010.(TRG) (Entered: 03/16/2010)

March 15, 2010
75

ORDER to Produce Inmate at Court Proceeding − Superintendent ordered to produce Randy Carr on 3/18/2010. Signed by Judge Larry J. McKinney on 3/15/2010.(TRG) (Entered: 03/16/2010)

March 15, 2010
76

***VACATED PURSUANT TO ENTRY DATED 3/17/2010***ORDER to Produce Inmate at Court Proceeding − Superintendent ordered to produce Eric Staggs on 3/18/2010. Signed by Judge Larry J. McKinney on 3/15/2010.(TRG) Modified on 3/17/2010 (TRG). (Entered: 03/16/2010)

March 15, 2010
77

ENTRY Vacating Order to Produce Eric Staggs for Court Proceeding − The Order issued requiring the custodian of Eric Staggs, DOC #914569, to produce Mr. Staggs at a hearing to be conducted on March 18, 2010, is VACATED. No other order to produce issued for the production of any other inmate is affected by this Entry. Signed by Judge Larry J. McKinney on 3/17/2010.(TRG) (Entered: 03/17/2010)

March 17, 2010
78

STIPULATION, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY−PATRICK TREACY, Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, MARION COUNTY SHERIFF FRANK ANDERSON, NEIL PROBST. (Attachments: # 1 Exhibit A − Marion County Sheriff's Grievance Procedure)(Lenkowsky, Adam) (Entered: 03/17/2010)

March 17, 2010
79

ENTRY for evidentiary hearing held before Judge Larry J. McKinney on 3/18/2010: Plaintiff, Eric Staggs, appeared by counsel, and plaintiffs, Alan Kress, Billy Ford, Timothy−Patrick Treacy, and Randy Carr, appeared in person and by counsel. Defendants, CCA of Tennessee, LLC d/b/a Corrections Corporation of America, Neil Probst, Timothy Little, and Marion County Sheriff Frank Anderson, appeared by counsel, and defendants, Warden Jeff Conway and Virginia Lee, appeared in person and by counsel. The Court heard testimony, admitted evidence, heard argument, and took the matter under advisement. The Court also took the admissibility of testimony previously given in a preliminary injunction hearing under advisement. (Court Reporter Cathy Jones.) (TRG) (Entered: 03/22/2010)

March 18, 2010
80

NOTICE of Additional Evidence Regarding Effect of Grievances on CCA's Accreditation , filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY−PATRICK TREACY (Attachments: # 1 Exhibit 1 (ALDF Outcome Measure Worksheet)) (Ogden, Paul) (Entered: 03/22/2010)

March 22, 2010
81

RESPONSE re 80 Notice (Other) of Additional Evidence Regarding Effect of Greivances [sic] on CCA's Accreditation , filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Hahn, William) (Entered: 03/26/2010)

March 26, 2010
82

NOTICE of Reply in Support of Submission of Additional Evidence , filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY−PATRICK TREACY, re 80 Notice (Other). (Ogden, Paul) (Entered: 04/05/2010)

April 5, 2010
83

NOTICE of Substitution of Appearance by Marc Pe−Caine Sultzer replacing Jonathan L. Mayes on behalf of MARION COUNTY SHERIFF FRANK ANDERSON (Sultzer, Marc) (Entered: 05/14/2010)

May 14, 2010
84

ENTRY approving 83 Notice of Substitution of Appearance filed by MARION COUNTY SHERIFF FRANK ANDERSON. Attorney Jonathan Lamont Mayes terminated. Signed by Judge Larry J. McKinney on 5/18/2010. (Marginal Notation)(TRG) (Entered: 05/18/2010)

May 18, 2010
86

NOTICE of Appearance by Jennifer Lynn Haley on behalf of Defendant MARION COUNTY SHERIFF FRANK ANDERSON. (Haley, Jennifer) (Entered: 07/14/2010)

July 14, 2010
87

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY−PATRICK TREACY, Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, MARION COUNTY SHERIFF FRANK ANDERSON, NEIL PROBST. (Ogden, Paul) (Entered: 07/17/2010)

July 17, 2010
88

NOTICE Regarding Case Managment Plan , filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY−PATRICK TREACY, re 87 Case Management Plan Tendered by. (Ogden, Paul) (Entered: 07/17/2010)

July 17, 2010
89

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 12/1/2010. Dispositive Motions due by 1/5/2011. Signed by Magistrate Judge Debra McVicker Lynch on 7/23/2010. c/m (TMA) (Entered:

July 23, 2010
91

SCHEDULING ORDER: Having approved the Case Management Plan as amended, the Court hereby sets the Bench Trial to begin on Monday, July 11, 2011, at 9:00 a.m., in Courtroom 202, and the Final Pretrial Conference for Friday, June 24, 2011, at 10:00 a.m., in Room 204, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, at which time counsel shall be prepared to fully discuss the status of the action, including all matters requiring completion preparatory to trial. Signed by Judge Larry J. McKinney on 7/23/2010.(REO) (Entered: 07/23/2010)

July 23, 2010
92

MOTION for Permanent Injunction on the Issue of Grievances and to Set Dates Regarding Filing of Fee Petition , filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS. (Attachments: # 1 Text of Proposed Order)(Ogden, Paul) (Entered: 08/05/2010)

Aug. 5, 2010
93

MOTION to File Belated Witness and Exhibit List , filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Preliminary Witness and Exhibit List)(Ogden, Paul) (Entered: 08/15/2010)

Aug. 15, 2010
94

ORDER: GRANTED 93 Motion. The witness and exhibit list attached to Plaintiffs' Motion is ordered filed with this Court. Signed by Judge Larry J. McKinney on 8/18/2010. (DWH) (Entered: 08/18/2010)

Aug. 18, 2010
95

Witness List and Exhibit List, filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS, TIMOTHY−PATRICK TREACY. (DWH) (Entered: 08/18/2010)

Aug. 18, 2010
96

RESPONSE in Opposition re 92 MOTION for Permanent Injunction on the Issue of Grievances and to Set Dates Regarding Filing of Fee Petition , filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Attachments: # 1 Exhibit Exhibit 1: Affidavit of Warden Jeff Conway)(Hahn, William) (Entered: 08/20/2010)

Aug. 20, 2010
97

NOTICE Regarding Plaintiff Eric Staggs , filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS (Ogden, Paul) (Entered: 08/27/2010)

Aug. 27, 2010
98

REPLY in Support of Motion re 92 MOTION for Permanent Injunction on the Issue of Grievances and to Set Dates Regarding Filing of Fee Petition , filed by Plaintiffs RANDY CARR, BILLY FORD, ALAN KRESS, ERIC STAGGS. (Ogden, Paul) (Entered: 08/30/2010)

Aug. 30, 2010
99

Unopposed MOTION for Extension of Time to October 8, 2010 to file response to 29 MOTION to Certify Class, filed by Defendants CCA OF TENNESSEE, LLC, JEFF CONWAY, VIRGINIA LEE, TIMOTHY LITTLE, NEIL PROBST. (Attachments: # 1 Text of Proposed Order Proposed Order)(Hahn, William) (Entered: 09/23/2010)

Sept. 23, 2010

State / Territory: Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: April 2, 2008

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female inmates of a private prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

CCA of Tennessee, Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Order Duration: 2008 - 2012

Issues

General:

Bathing and hygiene

Conditions of confinement

Grievance Procedures

Mail

Sanitation / living conditions

Totality of conditions

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Non-government for profit