Case: Richardson v. Monroe County Sheriff

1:08-cv-00174 | U.S. District Court for the Southern District of Indiana

Filed Date: Feb. 13, 2008

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 13, 2008, a prisoner at the Monroe County Jail filed this class action lawsuit in the U.S. District Court for the Southern District of Indiana under 42 U.S.C. § 1983 against Monroe County. The plaintiff, represented by the ACLU of Indiana, sought declaratory and injunctive relief, alleging violations of Indiana state law and the Eighth and Fourteenth Amendments. Specifically, the plaintiff claimed that the living areas in the jail were grossly overcrowded, leading to unsanitary and …

On February 13, 2008, a prisoner at the Monroe County Jail filed this class action lawsuit in the U.S. District Court for the Southern District of Indiana under 42 U.S.C. § 1983 against Monroe County. The plaintiff, represented by the ACLU of Indiana, sought declaratory and injunctive relief, alleging violations of Indiana state law and the Eighth and Fourteenth Amendments. Specifically, the plaintiff claimed that the living areas in the jail were grossly overcrowded, leading to unsanitary and dangerous living conditions.

The plaintiff claimed the existence of overcrowding that harmed prisoners. The prisoners were forced to sleep on the floor of a gymnasium. The facilities had only two showers and limited toilets for over 200 prisoners. The overcrowding led to increased tensions, frequently erupting into violence. Cell blocks and showers were unsanitary and food was served cold. Finally, there was so much crowding that there was no space to engage in walking or exercising during the day, and the prisoners were not taken for outdoor recreation.

On August 4, 2008, the District Court (Judge Richard Young) denied the defendants' motion to dismiss and granted the plaintiff's motion to certify the case as a class action, defining the class as “any and all persons currently confined, or who will in the future be confined, in the Monroe County Jail.” 2008 WL 3084766. The Court (Judge Young) found that although the plaintiff's individual claims for relief were moot, he had standing to represent the class.

On August 14, 2009, the parties entered a stipulation to a private settlement agreement under the Prison Litigation Reform Act. Under the terms of the settlement, the defendants agreed to make reasonable efforts to continue to meet with the judges of the Monroe Circuit Court to discuss ways of keeping the jail population under its capacity. The defendants also agreed that if the population exceeded the number of available beds for a specified period of time, the jail would take reasonable steps, including informing the board of commissioners, transferring prisoners, and requesting orders to release prisoners to reduce the population. Additionally, the defendants agreed not to accept prisoners from other counties on a per diem basis and to only accept Monroe County prisoners that the jail was legally required to accept. Under the settlement, the prisoners were granted at least two hours each week of vigorous physical exercise and were guaranteed reasonable sleeping arrangements, requiring the jail to have stacking bunks when they run out of permanent beds. The parties also agreed to reporting requirements. Finally, defendants agreed to pay the plaintiff's attorneys fees and costs for $20,000. The parties agreed that absent a court order or written agreement, the settlement would remain in effect until October 1, 2011.

On September 30, 2011, the District Court (Judge Young) granted the plaintiff's motion to modify the parties' agreement and extend the private settlement agreement. The District Court (Judge Young) granted similar motions to modify the parties’ agreement and extend the private settlement agreement on October 1, 2012, September 18, 2014, and September 14, 2016, thereby extending the agreement to October 1, 2018. The October 1, 2018 extended the previous settlement agreement and additionally required a study as to whether a new jail facility was necessary.

On January 15, 2019, the Court acknowledged that the parties had once again extended their settlement agreement to January 14, 2021, and the court modified its past orders to provide that the parties move for dismissal of the case on January 14, 2021. As an additional condition on the settlement agreement, a study of the Monroe County criminal justice system and alternatives to incarceration was required. As of February 13, 2020, the case is ongoing.

Summary Authors

Priyah Kaul (9/22/2014)

Emma Himes (2/13/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4752545/parties/richardson-v-monroe-county-sheriff/


Judge(s)

Dinsmore, Mark. J. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Attorneys(s) for Defendant

Semler, Ronald J (Indiana)

Stephenson, James S. (Indiana)

Judge(s)

Dinsmore, Mark. J. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Attorneys(s) for Defendant

Semler, Ronald J (Indiana)

Stephenson, James S. (Indiana)

Documents in the Clearinghouse

Document

1:08-cv-00174

Docket [PACER]

Jan. 3, 2020

Jan. 3, 2020

Docket
1

1:08-cv-00174

Class Action Complaint for Injunctive and Declaratory Relief

Feb. 13, 2008

Feb. 13, 2008

Complaint
28

1:08-cv-00174

Entry on Defendants' Motion to Dismiss or in the Alternative for Summary Judgment and Plaintiffs' Motion to Certify Case as Class Action

2008 WL 3084766

Aug. 4, 2008

Aug. 4, 2008

Order/Opinion
52

1:08-cv-00174

Stipulation of Parties to Enter Into Private Settlement Agreement After Plaintiff's Counsel Gives Notice to the Class

Aug. 14, 2009

Aug. 14, 2009

Settlement Agreement
62

1:08-cv-00174

Order Finding Private Settlement Agreement to be Fair, Reasonable and Adequate Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure

Dec. 3, 2009

Dec. 3, 2009

Order/Opinion
82

1:08-cv-00174

Order

Jan. 15, 2019

Jan. 15, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4752545/richardson-v-monroe-county-sheriff/

Last updated Aug. 2, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (for Injunctive and Declaratory Relief) against all defendants, filed by TREVOR RICHARDSON. (Attachments: # 1 inmate grievance complaint and appeal)(DWH) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

3

RECEIPT #IP005607 in the amount of $ 350.00 (DWH) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DWH) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

5

Summons Issued as to MONROE COUNTY SHERIFF and MONROE COUNTY COMMISSIONERS. (DWH) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

6

MOTION to Certify Class, filed by Plaintiff TREVOR RICHARDSON. (Falk, Kenneth) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

7

BRIEF/MEMORANDUM in Support re 6 MOTION to Certify Class, filed by Plaintiff TREVOR RICHARDSON. (Falk, Kenneth) (Entered: 02/13/2008)

Feb. 13, 2008

Feb. 13, 2008

8

RETURN of Service by CMRRR, filed by all plaintiffs. MONROE COUNTY COMMISSIONERS served on 2/14/2008. (Falk, Kenneth) (Entered: 02/18/2008)

Feb. 18, 2008

Feb. 18, 2008

9

RETURN of Service by CMRRR, filed by all plaintiffs. MONROE COUNTY SHERIFF served on 2/14/2008. (Falk, Kenneth) (Entered: 02/18/2008)

Feb. 18, 2008

Feb. 18, 2008

10

NOTICE of Appearance by James S. Stephenson on behalf of Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Stephenson, James) (Entered: 02/25/2008)

Feb. 25, 2008

Feb. 25, 2008

11

NOTICE of Appearance by Ronald J. Semler on behalf of Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Semler, Ronald) (Entered: 02/25/2008)

Feb. 25, 2008

Feb. 25, 2008

12

NOTICE of Parties' First Extension of Time, filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Stephenson, James) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

13

MOTION for Extension of Time to 4/11/08 to file response to 6 MOTION to Certify Class (Agreed) , filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Attachments: # 1 Text of Proposed Order)(Stephenson, James) (Entered: 02/28/2008)

Feb. 28, 2008

Feb. 28, 2008

14

ORDER granting Defts' 13 Motion for Extension of Time to File Response re 6 MOTION to Certify Class. Response due by 4/11/2008. Signed by Judge Jane Magnus−Stinson on 3/4/08. (SWM) (Entered: 03/05/2008)

March 4, 2008

March 4, 2008

15

MOTION to Dismiss (or in the Alternative for Summary Judgment) , filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Semler, Ronald) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

16

BRIEF/MEMORANDUM in Support re 15 MOTION to Dismiss (or in the Alternative for Summary Judgment) , filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Semler, Ronald) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

17

Designation of Evidence re 15 MOTION to Dismiss (or in the Alternative for Summary Judgment) , 16 Brief/Memorandum in Support of Motion, filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Attachments: # 1 Affidavit William Wilson, # 2 aff.wilson.ex.a (judgment of conviction), # 3 aff.wilson.ex.b (court docket entry), # 4 aff.wilson.ex.c (copy grievance procedure))(Semler, Ronald) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

18

RESPONSE in Opposition re 6 MOTION to Certify Class, filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Semler, Ronald) (Entered: 04/11/2008)

April 11, 2008

April 11, 2008

19

MOTION for Extension of Time to May 12, 2008 to file reply to 15 MOTION to Dismiss (or in the Alternative for Summary Judgment) , 6 MOTION to Certify Class, filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Supplement)(Falk, Kenneth) (Entered: 04/23/2008)

April 23, 2008

April 23, 2008

20

ORDER granting pltf's 19 Motion for Extension of Time to File response and reply re 15 MOTION to Dismiss (or in the Alternative for Summary Judgment) and 6 MOTION to Certify Class. Reply and Response due by 5/12/2008. Signed by Judge Jane Magnus−Stinson on 4/25/08. (SWM) (Entered: 04/28/2008)

April 25, 2008

April 25, 2008

21

RESPONSE in Opposition re 15 MOTION to Dismiss (or in the Alternative for Summary Judgment) , filed by Plaintiff TREVOR RICHARDSON. (Falk, Kenneth) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

22

MOTION for Extension of Time to May 16, 2008 to file response to 6 MOTION to Certify Class (Further Motion) , filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

23

ORDER granting pltf's 22 Motion for Extension of Time to File Reply re 6 MOTION to Certify Class. Reply due by 5/16/2008. Signed by Judge Jane Magnus−Stinson on 5/13/08. (SWM) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

24

REPLY in Support of Motion re 6 MOTION to Certify Class, filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Affidavit)(Falk, Kenneth) (Entered: 05/15/2008)

May 15, 2008

May 15, 2008

25

MOTION for Extension of Time to May 29, 2008 to file reply to 15 MOTION to Dismiss (or in the Alternative for Summary Judgment) , filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Attachments: # 1 Text of Proposed Order)(Semler, Ronald) (Entered: 05/27/2008)

May 27, 2008

May 27, 2008

26

REPLY in Support of Motion re 15 MOTION to Dismiss (or in the Alternative for Summary Judgment) , filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Semler, Ronald) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

27

ORDER granting defts' 25 Motion for Extension of Time to File Reply re 15 MOTION to Dismiss (or in the Alternative for Summary Judgment) . Reply due by 5/29/2008. Signed by Judge Jane Magnus−Stinson on 5/29/08. (SWM) (Entered: 05/29/2008)

May 29, 2008

May 29, 2008

29

SCHEDULING ORDER: Status Conference set for 8/19/2008 11:30 AM in Telephonic before Judge Jane Magnus−Stinson. Signed by Judge Jane Magnus−Stinson on 8/7/08.(SWM) (Entered: 08/07/2008)

Aug. 7, 2008

Aug. 7, 2008

30

MOTION for Reconsideration re 28 Order on Motion to Certify ClassOrder on Motion to Dismiss, filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Stephenson, James) (Entered: 08/18/2008)

Aug. 18, 2008

Aug. 18, 2008

31

BRIEF/MEMORANDUM in Support re 30 MOTION for Reconsideration re 28 Order on Motion to Certify ClassOrder on Motion to Dismiss, filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Stephenson, James) (Entered: 08/18/2008)

Aug. 18, 2008

Aug. 18, 2008

32

Minute Entry for proceedings held before Judge Jane Magnus−Stinson: Telephone Status Conference held on 8/19/2008 and case is set for an initial pretrial conference on 10/7/08 at 1:30 p.m. Separate entry to issue setting conference. (SWM) (Entered: 08/19/2008)

Aug. 19, 2008

Aug. 19, 2008

33

ENTRY regarding CMP and Initial Pretrial Conference. SCHEDULING ORDER: Initial Pretrial Conference set for 10/7/2008 01:30 PM in room #256 before Judge Jane Magnus−Stinson. The CMP is due no later than 14 days prior to the iptc (See Entry). Signed by Judge Jane Magnus−Stinson on 8/19/08.(SWM) (Entered: 08/19/2008)

Aug. 19, 2008

Aug. 19, 2008

34

ANSWER to 1 Complaint and Affirmative Defenses to Class Action Complaint for Injunctive and Declaratory Relief , filed by MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS.(Semler, Ronald) (Entered: 08/19/2008)

Aug. 19, 2008

Aug. 19, 2008

36

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff TREVOR RICHARDSON, Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Attachments: # 1 Summary)(Stephenson, James) (Entered: 09/23/2008)

Sept. 23, 2008

Sept. 23, 2008

37

Entry Vacates the Initial Pretrial Conference set for 10/7/08. SCHEDULING ORDER: Initial Pretrial Conference reset for 10/6/2008 10:00 AM in room #256 before Judge Jane Magnus−Stinson. Signed by Judge Jane Magnus−Stinson on 9/30/08.(MAC) (Entered: 09/30/2008)

Sept. 30, 2008

Sept. 30, 2008

38

Minute Entry for proceedings held before Judge Jane Magnus−Stinson: Initial Pretrial Conference held on 10/6/2008 and CMP approved as amended. SCHEDULING ORDER: Status Conference set for 1/6/2009 02:00 PM in Telephonic before Judge Jane Magnus−Stinson to discuss setting a settlement conference. (SWM) (Entered: 10/07/2008)

Oct. 6, 2008

Oct. 6, 2008

39

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 7/15/2009. If the required conference under LR 37.1 does not resolve discovery issues that may arise, the parties are advised to request a phone status conference prior to filing any motion to compel or for protective order. Additionally, the parties are advised to not only number but to add a descriptive identifier for any exhibits which are electronically filed (See Order for example). Signed by Judge Jane Magnus−Stinson on 10/6/08.(SWM) (Entered: 10/07/2008)

Oct. 6, 2008

Oct. 6, 2008

40

SCHEDULING ORDER: Telephonic Status Conference set for 10/10/2008 11:00 AM (Evansville Time) before Judge Richard L. Young. The purpose of this conference is to discuss Defendants Motion 30 for Reconsideration.(PG) (Entered: 10/08/2008)

Oct. 8, 2008

Oct. 8, 2008

41

ENTRY denying Defendants' 30 Motion for Reconsideration. Signed by Judge Richard L. Young on 10/14/08. (PG) (Entered: 10/14/2008)

Oct. 14, 2008

Oct. 14, 2008

42

NOTICE of Service of Initial Disclosures, filed by Plaintiff TREVOR RICHARDSON. (Falk, Kenneth) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

43

NOTICE of Service of Initial Disclosures, filed by Defendants MONROE COUNTY SHERIFF, MONROE COUNTY COMMISSIONERS. (Semler, Ronald) (Entered: 10/24/2008)

Oct. 24, 2008

Oct. 24, 2008

44

Witness List and Exhibit List −Preliminary , filed by Plaintiff TREVOR RICHARDSON. (Falk, Kenneth) (Entered: 11/03/2008)

Nov. 3, 2008

Nov. 3, 2008

45

Minute Entry for proceedings held before Judge Jane Magnus−Stinson: Telephone Status Conference held on 1/6/2009 and settlement conference set for 4/8/2009 at 8:30 a.m. by separate order. (SWM) (Entered: 01/07/2009)

Jan. 6, 2009

Jan. 6, 2009

46

ORDER Setting Settlement Conference and Related Deadlines. SCHEDULING ORDER: Settlement Conference set for 4/8/2009 08:30 AM in room #361 before Judge Jane Magnus−Stinson. Confidential settlement statements due three business days prior to the conference (See Order). Signed by Judge Jane Magnus−Stinson on 1/7/09.(SWM) (Entered: 01/07/2009)

Jan. 7, 2009

Jan. 7, 2009

47

Minute Entry for proceedings held before Judge Jane Magnus−Stinson: Settlement Conference held on 4/8/2009 and progress made. Status Conference set for 5/1/2009 03:30 PM in Telephonic before Judge Jane Magnus−Stinson. Counsel to call the Court at the number provided. (SWM) (Entered: 04/08/2009)

April 8, 2009

April 8, 2009

48

Minute Entry for proceedings held before Judge Jane Magnus−Stinson: Telephone Status Conference held on 5/1/2009 and parties continue negotiations. Telephonic status conference set for May 26, 2009 at 11:30 a.m.Counsel to call the Court at the number provided. All deadlines in the CMP are stayed until after the upcoming conference. (SWM) (Entered: 05/04/2009)

May 1, 2009

May 1, 2009

49

SCHEDULING ENTRY: The telephone status conference set for May 26, 2009 is VACATED AND RESET for June 12, 2009, at 2:30 P.M. Counsel to call the Court at the number provided. Issued by Judge Jane Magnus−Stinson on 5/13/2009.(SWM)

May 13, 2009

May 13, 2009

51

ENTRY for 7/16/2009: The magistrate judge has been advised that the parties need additional time to submit their private settlement agreement. They are granted an additional 30 days within which to file said agreement. The CMP deadlines remain suspended. Signed by Judge Jane Magnus−Stinson on 7/16/2009.(SWM) (Entered: 07/16/2009)

July 16, 2009

July 16, 2009

52

STIPULATION of Parties to Enter Into Private Settlement Agreement After Plaintiff's Counsel Gives Notice to the Class , filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Proposed class notice)(Falk, Kenneth) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

53

MOTION to Approve Notice to the Class and to Set Fairness Hearing , filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

54

ORDER granting 53 Motion to Approve Notice to the Class and to Set Fairness Hearing. Hearing set for 11/5/2009 10:00 AM in room #349 before Judge Richard L. Young. Signed by Judge Richard L. Young on 8/31/2009. (PG) (Entered: 09/01/2009)

Aug. 31, 2009

Aug. 31, 2009

55

MOTION for Continuance Fairness Hearing , filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/03/2009)

Sept. 3, 2009

Sept. 3, 2009

56

ORDER granting 55 Motion for Continuance. Fairness Hearing reset for 11/13/2009 02:00 PM in room #349 before Judge Richard L. Young. Signed by Judge Richard L. Young on 9/10/2009. (PG) (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

57

Second MOTION for Continuance of Fairness Hearing , filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/11/2009)

Sept. 11, 2009

Sept. 11, 2009

58

ORDER granting 57 Motion for Continuance. Fairness Hearing reset for 12/3/2009 09:00 AM in room #349 before Judge Richard L. Young. Signed by Judge Richard L. Young on 9/15/2009. (PG) (Entered: 09/16/2009)

Sept. 15, 2009

Sept. 15, 2009

59

NOTICE of Filing Report of Class Counsel Following Notice to the Class by TREVOR RICHARDSON (Attachments: # 1 Letter from Class Member) (Falk, Kenneth) (Entered: 11/24/2009)

Nov. 24, 2009

Nov. 24, 2009

60

NOTICE of Filing Proposed Order by TREVOR RICHARDSON (Attachments: # 1 Text of Proposed Order) (Falk, Kenneth) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

61

Minute Entry for proceedings held before Judge Richard L. Young: Fairness Hearing held on 12/3/2009. (Court Reporter Fred Pratt.) (PG) (Entered: 12/04/2009)

Dec. 3, 2009

Dec. 3, 2009

62

ORDER FINDING PRIVATE SETTLEMENT AGREEMENT TO BE FAIR and Dismissing cause of action without prejudice. Signed by Judge Richard L. Young on 12/3/2009.(PG) (Entered: 12/04/2009)

Dec. 3, 2009

Dec. 3, 2009

63

NOTICE of Change of Address by Ronald J. Semler (Semler, Ronald) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

64

MOTION to Modify the Parties' Requirement to Move to Dismiss Case and Agreement to Extend Private Settlement Agreement , filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

65

ORDER granting Parties' 64 Motion to Modify Requirement to Move to Dismiss Case, with prejudice, to 10/1/2012. In all other respects this Court's Order of 12/3/2009 remains unmodified. Signed by Judge Richard L. Young on 9/30/2011. (MAC) (Entered: 10/03/2011)

Sept. 30, 2011

Sept. 30, 2011

67

ORDER granting 66 Motion to Modify the Parties' Requirement to Move to Dismiss Case and agreement to Extend Private Settlement Agreement. Signed by Judge Richard L. Young on 10/1/2012. (PG) (Entered: 10/03/2012)

Oct. 1, 2012

Oct. 1, 2012

68

NOTICE of Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Judge Jane Magnus−Stinson no longer assigned to the case. Please include the new case number, 1:08−cv−174−RLY−MJD , on all future filings in this matter. (MSD) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

69

MOTION to Modify the Parties' Requirement to Move to Dismiss Case and Agreement to Extend Private Settlement Agreement (Further ) , filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

70

ORDER granting 69 Motion to Modify the Parties' Requirement to Move to Dismiss Case and Agreement to Extend Private Settlement Agreement (Further ) to 10/01/2016. Signed by Judge Richard L. Young on 9/18/2014. (TMD) (Entered: 09/18/2014)

Sept. 18, 2014

Sept. 18, 2014

71

Third MOTION to Modify the Parties' Requirement to Move to Dismiss Case and Agreement to Extend Private Settlement Agreement , filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

72

ORDER granting 71 Motion to Modify the Parties' Requirement to Move to Dismiss Case and Agreement to Extend Private Settlement Agreement. Parties shall move for dismissal of this case, with prejudice, on October 1, 2018. In all other respects this Court's Order of December 3, 2009 remains unmodified. Signed by Judge Richard L. Young on 9/14/2016. (TMD) (Entered: 09/14/2016)

Sept. 14, 2016

Sept. 14, 2016

81

MOTION FURTHER AGREED MOTION TO MODIFY THE PARTIES REQUIREMENT TO MOVE TO DISMISS CASE AND AGREEMENT TO EXTEND PRIVATE SETTLEMENT AGREEMENT SUBJECT TO CONDITIONS , filed by Plaintiff TREVOR RICHARDSON. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

82

ORDER: This matter comes before the Court on the parties' Further Agreed Motion to Modify the Parties' Requirement to Move to Dismiss Case and Agreement to Extend Private Settlement Agreement Subject to Conditions. [Dkt. 81 .] The Court hereby acknowledges that the parties have extended their Private Settlement Agreement to January 14, 2020, subject to the conditions noted in the parties' filing, and the Court hereby modifies its prior orders to provide that the parties shall move for dismissal of this case, with prejudice, on or before January 14, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 1/15/2019. (SWM) (Entered: 01/15/2019)

Jan. 15, 2019

Jan. 15, 2019

28

ENTRY ON DEFENDANTS MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT and PLAINTIFFS MOTION TO CERTIFY CASE AS CLASS ACTION. Although Plaintiffs individual claims for relief are moot, the court finds Plaintiff has standing to represent th e class in this action (see Entry). The court further finds Plaintiff satisfies the requirements for class certification imposed by Rule 23. Accordingly, DefendantsMotion to Dismiss 15 is DENIED, and Plaintiffs Motion to Certify Case as a Class Action 6 is GRANTED. Signed by Judge Richard L. Young on 08/04/08. (PG)

Aug. 4, 2008

Aug. 4, 2008

RECAP
73

Extension of Time (Other)

1 Text of Proposed Order

View on PACER

Sept. 28, 2018

Sept. 28, 2018

PACER
74

Order on Motion for Extension of Time to File

Oct. 2, 2018

Oct. 2, 2018

PACER
75

Extension of Time (Other)

1 Text of Proposed Order

View on PACER

Oct. 12, 2018

Oct. 12, 2018

PACER
76

SCHEDULING Order

Oct. 15, 2018

Oct. 15, 2018

PACER
78

Order on Motion for Extension of Time to File

Oct. 22, 2018

Oct. 22, 2018

PACER
79

Extension of Time (Other)

1 Text of Proposed Order

View on PACER

Dec. 10, 2018

Dec. 10, 2018

PACER
80

Order on Motion for Extension of Time to File

Dec. 12, 2018

Dec. 12, 2018

PACER
83

Motion (Other)

1 Text of Proposed Order

View on PACER

Dec. 31, 2019

Dec. 31, 2019

PACER
84

Order on Motion

Jan. 6, 2020

Jan. 6, 2020

PACER
85

Motion (Other)

1 Text of Proposed Order

View on PACER

Dec. 22, 2020

Dec. 22, 2020

PACER
86

Order on Motion

Dec. 28, 2020

Dec. 28, 2020

PACER
87

Modify

Dec. 20, 2021

Dec. 20, 2021

PACER
88

Order on Motion to Modify

Dec. 22, 2021

Dec. 22, 2021

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 13, 2008

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Any and all persons currently confined, or who will in the future be confined, in the Monroe County Jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Monroe County Sheriff (Bloomington, Monroe), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $20000

Order Duration: 2009 - 2020

Issues

General:

Bathing and hygiene

Conditions of confinement

Failure to supervise

Food service / nutrition / hydration

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Post-PLRA Population Cap

Medical/Mental Health:

Bed care (including sores)

Medical care, general

Medical care, unspecified

Type of Facility:

Government-run