Case: Olson v. Brown

4:09-cv-00006 | U.S. District Court for the Northern District of Indiana

Filed Date: Jan. 2, 2009

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On January 2, 2009, an inmate at Tippecanoe County Jail filed a class action lawsuit in the Tippecanoe County Superior Court under 42 U.S.C. § 1983 against Tippecanoe County. The plaintiff, represented by the ACLU of Indiana, sought declaratory and injunctive relief, alleging several violations of Indiana law and the First and Fourteenth Amendments. Specifically, the plaintiff claimed that the defendant had a policy of opening inmates' mail, including mail from legal counsel, outside the presen…

On January 2, 2009, an inmate at Tippecanoe County Jail filed a class action lawsuit in the Tippecanoe County Superior Court under 42 U.S.C. § 1983 against Tippecanoe County. The plaintiff, represented by the ACLU of Indiana, sought declaratory and injunctive relief, alleging several violations of Indiana law and the First and Fourteenth Amendments. Specifically, the plaintiff claimed that the defendant had a policy of opening inmates' mail, including mail from legal counsel, outside the presence of the inmate to whom it is addressed; denying inmates reasonable access to the law library; and failing to respond to inmate grievances within a reasonable period of time.

On January 20, 2009, the case was removed to the U.S. District Court for the Northern District of Indiana. The District Court heard oral argument on the plaintiff's motion for class certification on March 18, 2009, but reserved its ruling on the class certification issue pending a ruling on the defendant's motion for judgment on the pleadings. On June 22, 2009, the District Court (Judge Allen Sharp) granted the motion for judgment on the pleadings, holding that the plaintiff's transfer away from Tippecanoe County Jail rendered the cause of action moot. Olson v. Brown, 2009 WL 1766667 (N.D. Ind. June 22, 2009).

On July 7, 2009, the plaintiff filed a notice of appeal in the U.S. Court of Appeals for the Seventh Circuit, arguing that the case was inherently transitory for any possible named plaintiff and therefore fell within the exception to the mootness doctrine. On February 4, 2010, the Court of Appeals reversed the District Court's dismissal and remanded the case for consideration of plaintiff's motion for class certification and defendant's motion for dismissal for failure to state a claim. Olson v. Brown, 594 F.3d 577 (7th Cir. 2010). The Court of Appeals also ordered a bill of costs in favor of the plaintiff for the cost of the appeal.

On July 25, 2012, the District Court (Judge Jon DeGuilio), who was reassigned the case on remand, granted in part and denied in part the plaintiff's motion to certify class. Specifically, the District Court (Judge DeGuilio) ordered that the class be certified to pursue relief under Indiana state law, the First Amendment, and the Fourteenth Amendment. The District Court (Judge DeGuilio) dismissed as moot any claims not certified for class treatment. That same day, the District Court (Judge DeGuilio) also granted in part and denied in part the defendant's motion for judgment on the pleadings. The District Court (Judge DeGuilio) held that the class plaintiffs had stated a claim that the jail's mail policy violated class members' right to access to court by hindering confidential communications with attorneys regarding non-frivolous claims, but that the class plaintiffs were not entitled to relief under the First Amendment or Indiana law. On August 28, 2012, the Court of Appeals denied the defendant's petition for permission to appeal the class certification order.

On May 7, 2013, the parties entered a stipulation to enter a private settlement agreement following notice to the class. On July 7, 2013, Magistrate Judge Paul Cherry entered an order approving the settlement. On August 19, 2013, Judge Cherry dismissed the case with prejudice. At this point, the case concluded.

Summary Authors

Priyah Kaul (9/16/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5346894/parties/olson-v-brown/


Judge(s)

Cherry, Paul R. (Indiana)

DeGuilio, Jon Ernest (Indiana)

Sharp, Allen (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Rose, Gavin Minor (Indiana)

Attorneys(s) for Defendant

Masson, Douglas J. (Indiana)

Expert/Monitor/Master

Flaum, Joel Martin (Illinois)

Judge(s)

Cherry, Paul R. (Indiana)

DeGuilio, Jon Ernest (Indiana)

Sharp, Allen (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Rose, Gavin Minor (Indiana)

Attorneys(s) for Defendant

Masson, Douglas J. (Indiana)

Expert/Monitor/Master

Flaum, Joel Martin (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 19, 2013 Docket
1

Complaint

Indiana state trial court

Jan. 2, 2009 Complaint
36

Memorandum Opinion and Order

2009 WL 1766667

June 22, 2009 Order/Opinion
16/00711338027

Opinion

U. S. Court of Appeals for the Seventh Circuit

594 F.3d 577

Feb. 4, 2010 Order/Opinion
70

Opinion and Order

2012 WL 3044275

July 25, 2012 Order/Opinion
69

Opinion and Order

284 F.R.D. 398

July 25, 2012 Order/Opinion
83

Preliminary Approval Order

May 16, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5346894/olson-v-brown/

Last updated May 12, 2022

ECF Number Description Date Link
25

ORDER granting 13 Motion to permit Ex Parte Contact with Putative Class Members and Orders that Plaintiff shall be permitted to contact, ex parte, members of the putative class through the mailing of a questionnaire prepared by Plaintiff's counsel that (a) seeks information regarding the disputed practices or policies at issue in the instant matter and (b) is to be returned directly to Plaintiff's counsel. Signed by Magistrate Judge Paul R Cherry on 3/23/09. (csi)

March 23, 2009 RECAP
1

COMPLAINT against Tracy Brown, filed by Jeffrey Mark Olson (filed in Tippecanoe Superior Court 1). (Attachments: # 1 grievances)(csi) (Entered: 01/21/2009)

Jan. 2, 2009
36

MEMORANDUM OPINION AND ORDER granting 19 Motion for Judgment on the Pleadings, as this case is deemed moot and is dismissed without prejudice. Each party to bear its own costs. Signed by Judge Allen Sharp on 6/22/09. (csi)

June 22, 2009 RECAP
2

MOTION to Certify Class (filed in Tippecanoe Superior Court 1) by Plaintiff Jeffrey Mark Olson. (csi) Modified on 1/23/2009 to edit document # (mlc). (Entered: 01/22/2009)

Jan. 2, 2009
3

MEMORANDUM in Support of 3 MOTION to Certify Class (filed in Tippecanoe Superior Court 1) filed by Jeffrey Mark Olson. (csi) Modified on 1/23/2009 to edit document # (mlc). (Entered: 01/22/2009)

Jan. 2, 2009
69

OPINION AND ORDER. The Court GRANTS in part and DENYS in part Mr. Olson's Motion to Certify Class; ORDERS that this case be certified as a class action with the class and subclass defined as stated in Section II.B.5, supra; APPOINTS Gavin Rose and Kenneth Falk as class counsel; and, DIRECTS class counsel to provide notice of this certification to each individual member of the class who can be identified through reasonable effort. Finally, because Mr. Olson's standing in this case is contingent on class certification, the Court DISMISSES AS MOOT any claims not certified for class treatment. Signed by Judge Jon E DeGuilio on 07/25/12. (ksp)

July 25, 2012 RECAP
70

OPINION AND ORDER. The Court GRANTS IN PART AND DENIES IN PART the Defendant's motion for judgment on the pleadings. Signed by Judge Jon E DeGuilio on 07/25/12. (ksp)

July 25, 2012 RECAP
5

NOTICE of Appearance by Douglas J Masson on behalf of Tracy Brown (csi) (Entered: 01/22/2009)

Jan. 20, 2009
6

NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 3/12/2009 09:15 AM CST − Hammond before Magistrate Judge Paul R Cherry w/the Court initiating the conference.(smb) (Entered: 01/26/2009)

Jan. 26, 2009
7

MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (smb) (Entered: 01/26/2009)

Jan. 26, 2009
8

ANSWER to 1 Complaint by Tracy Brown.(Masson, Douglas) (Entered: 02/02/2009)

Feb. 2, 2009
9

NOTICE by Jeffrey Mark Olson of Tender of Proposed Order Certifying Cause as Class Action (Falk, Kenneth) (Entered: 02/17/2009)

Feb. 17, 2009
10

RESPONSE in Opposition re 2 MOTION to Certify Class filed by Tracy Brown. (Attachments: # 1 Exhibit DOC Offender Data, # 2 Exhibit DOC 2008 Jail Inspection, # 3 Exhibit Jail Mail Policies)(Masson, Douglas) (Entered: 02/17/2009)

Feb. 17, 2009
11

REPORT of Rule 26(f) Planning Meeting. (Masson, Douglas) (Entered: 02/20/2009)

Feb. 20, 2009
12

REPLY to Response to Motion re 2 MOTION to Certify Class filed by Jeffrey Mark Olson. (Attachments: # 1 Exhibit DOC Jail Inspection Report, # 2 Affidavit Anthony T. Massengill, # 3 Affidavit Timothy L. Adams, # 4 Affidavit Cornelius Powell, # 5 Affidavit Forrest B. Elliott, # 6 Affidavit Scott Isbell, # 7 Affidavit Troy Smith, # 8 Affidavit Timothy Reynolds, # 9 Affidavit Deon Harris, # 10 Affidavit Roderick Elam, # 11 Affidavit Tromaine A. Langham, # 12 Affidavit Michael Eugene Crank, # 13 Affidavit Donald W. Anderson, # 14 Affidavit Adam Troy Shumpert, # 15 Affidavit Jamaal L. Moore, # 16 Affidavit Ronald Cheesman, # 17 Affidavit Carlo Palermo, # 18 Affidavit Qune Vantrease, # 19 Affidavit Kenneth Norwood, # 20 Affidavit Gerald Thomas Schofield, # 21 Affidavit Nathan Deardurff, # 22 Affidavit Edward Alan Luman, Sr., # 23 Affidavit Rami Wahood, # 24 Affidavit Mark O'Connor, # 25 Affidavit Jonathon W. Haniton, # 26 Affidavit Cortney Michael Hayenga, # 27 Affidavit William M. Harrison)(Rose, Gavin) (Entered: 02/24/2009)

Feb. 24, 2009
13

MOTION Permit Ex Parte Communication with Putative Class Members by Plaintiff Jeffrey Mark Olson. (Rose, Gavin) (Entered: 02/26/2009)

Feb. 26, 2009
14

MEMORANDUM in Support of 13 MOTION Permit Ex Parte Communication with Putative Class Members filed by Jeffrey Mark Olson. (Rose, Gavin) (Entered: 02/26/2009)

Feb. 26, 2009

NOTICE: Motions 02 and 13 are set for Oral Argument for 3/18/2009 at 2:00 PM (EST) in the first floor courtroom in US District Court − in SOUTH BEND before Judge Allen Sharp. This is a text−only entry with no order to follow. (saj) (Entered: 02/27/2009)

Feb. 27, 2009

AMENDED NOTICE: The Motion Hearing set for 3/18/2009 at 2:00 PM in the first floor courtroom in US District Court − South Bend before Judge Allen Sharp is only concerning the 2 Motion to Certify Class. This is a text−only entry with no order to follow. (saj) (Entered: 03/04/2009)

March 4, 2009
15

RESPONSE in Opposition re 13 MOTION Permit Ex Parte Communication with Putative Class Members filed by Tracy Brown. (Attachments: # 1 Exhibit Attorney Correspondence)(Masson, Douglas) (Entered: 03/06/2009)

March 6, 2009
16

MOTION for Leave to File Additional Evidentiary Material in Support of Motion for Class Certification by Plaintiff Jeffrey Mark Olson. (Attachments: # 1 Affidavit Jeffrey Mark Olson, # 2 Affidavit Thomas Bray, # 3 Affidavit James Johnson, # 4 Affidavit Curt Matthew Howard, # 5 Affidavit Jason G. Patterson, # 6 Affidavit Justin Paul Stetler, # 7 Affidavit Alfonso Calderson, # 8 Affidavit Moses Campos)(Rose, Gavin) (Entered: 03/10/2009)

March 10, 2009
22

RULE 16 PRELIMINARY PRETRIAL CONFERENCE held teleph 3/12/2009 before Magistrate Judge Paul R Cherry. Pla appeared by atty Gavin Rose. Dft appeared by atty Doug Masson. Planning Meeting Report 11 approved. All dates/ddl through close of discovery are adopted herein. Any amendments to the pleadings to be filed by 7/1/2009. Discovery deadline is 12/31/2009. Expert Discovery deadline is 12/31/2009 Plaintiff expert witness disclosures and reports to be delivered to the defendant by 9/1/2009. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 10/1/2009. Initial Disclosures to be exchanged by 4/20/2009. All other dates/ddl to be set by District Court upon conclusion of discovery. Magistrate Consent forms ddl extended to 4/6/2009. (#FTR.) (smb) (Entered: 03/18/2009)

March 12, 2009
17

REPLY to Response to Motion re 13 MOTION Permit Ex Parte Communication with Putative Class Members filed by Jeffrey Mark Olson. (Rose, Gavin) (Entered: 03/13/2009)

March 13, 2009
18

STIPULATION of Fact by Plaintiff Jeffrey Mark Olson. (Rose, Gavin) (Entered: 03/13/2009)

March 13, 2009
19

MOTION for Judgment on the Pleadings by Defendant Tracy Brown. (Masson, Douglas) (Entered: 03/13/2009)

March 13, 2009
20

MEMORANDUM in Support of 19 MOTION for Judgment on the Pleadings filed by Tracy Brown. (Masson, Douglas) (Entered: 03/13/2009)

March 13, 2009
21

MOTION HEARING held on 3/18/2009 re 2 MOTION to Certify Class filed by Jeffrey Mark Olson before Judge Allen Sharp. Pltf appeared by atty Rose. Deft appeared by atty Masson. Court heard argument from counsel. Court reserves ruling on the Motion to Certify Class 2 until the court has ruled on the 19 Motion for Judgment on the pleadings (when it is ripe). 1:58−2:45 (Court Reporter Hoffman) (saj) (Entered: 03/18/2009)

March 18, 2009
23

MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Judgment on the Pleadings (Unopposed) by Plaintiff Jeffrey Mark Olson. (Rose, Gavin) (Entered: 03/19/2009)

March 19, 2009
24

ORDER granting 23 Motion for Extension of Time to File Response in Opposition to Motion for Judgment on the Pleadings. Response to be filed by 4/30/2009. Signed by Magistrate Judge Paul R Cherry on 3/20/09. (csi) (Entered: 03/20/2009)

March 20, 2009
25

ORDER granting 13 Motion to permit Ex Parte Contact with Putative Class Members and Orders that Plaintiff shall be permitted to contact, ex parte, members of the putative class through the mailing of a questionnaire prepared by Plaintiff's counsel that (a) seeks information regarding the disputed practices or policies at issue in the instant matter and (b) is to be returned directly to Plaintiff's counsel. Signed by Magistrate Judge Paul R Cherry on 3/23/09. (csi) (Entered: 03/24/2009)

March 23, 2009
26

ORDER granting 16 Motion for Leave to Submit Additional Evidentiary Material in Support of Motion for Class Certification. Plaintiffs to file the add'l evidentiary material, currently docketed as attachments to the instand Motion, in support of their Motion for Class Certification by 4/3/09. Signed by Magistrate Judge Paul R Cherry on 3/31/09. (csi) (Entered: 03/31/2009)

March 31, 2009
27

NOTICE by Jeffrey Mark Olson re 26 Order on Motion for Leave to File, Notice of Filing of Additional Evidentiary Material (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit)(Rose, Gavin) (Entered: 04/03/2009)

April 3, 2009
28

RESPONSE in Opposition re 19 MOTION for Judgment on the Pleadings filed by Jeffrey Mark Olson. (Rose, Gavin) (Entered: 04/27/2009)

April 27, 2009
29

Second MOTION for Leave to File Additional Evidentiary Material in Support of Class Motion by Plaintiff Jeffrey Mark Olson. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit, # 9 Affidavit, # 10 Affidavit, # 11 Affidavit, # 12 Affidavit, # 13 Affidavit, # 14 Affidavit, # 15 Affidavit, # 16 Affidavit, # 17 Affidavit, # 18 Affidavit, # 19 Affidavit, # 20 Affidavit)(Rose, Gavin) (Entered: 04/27/2009)

April 27, 2009
30

ORDER granting 29 Motion for Leave to Submit Additional Evidentiary Material in Support of Motion for Class Certification (DE29) and ORDERS plaintiffs to file the additional evidentiary material, currently docketed as attachments to the instant Motion, in support of their Motion for Class Certification, by May 1, 2009. Signed by Magistrate Judge Paul R Cherry on 4/28/09. (csi) (Entered: 04/28/2009)

April 28, 2009
31

NOTICE by Jeffrey Mark Olson re 30 Order on Motion for Leave to File, Filing of Additional Evidentiary Material (2d) (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit, # 8 Affidavit, # 9 Affidavit, # 10 Affidavit, # 11 Affidavit, # 12 Affidavit, # 13 Affidavit, # 14 Affidavit, # 15 Affidavit, # 16 Affidavit, # 17 Affidavit, # 18 Affidavit, # 19 Affidavit, # 20 Affidavit)(Rose, Gavin) (Entered: 05/01/2009)

May 1, 2009
32

REPLY to Response to Motion re 19 MOTION for Judgment on the Pleadings filed by Tracy Brown. (Masson, Douglas) (Entered: 05/04/2009)

May 4, 2009
33

NOTICE by Jeffrey Mark Olson of Change in Attorney Contact Information (Rose, Gavin) (Entered: 05/22/2009)

May 22, 2009
34

MOTION to Stay Deadlines Pending Decision on Motion for Judgment on the Pleadings (Unopposed) by Plaintiff Jeffrey Mark Olson. (Rose, Gavin) (Entered: 06/12/2009)

June 12, 2009
35

ORDER granting 34 Motion to Stay Case Management Deadlines Pending Decision on Defendant's Motion for Judgment on the Pleadings. Stays the case management deadlines and vacates all hearings in this matter, to be reset by telephonic conference at later date, pending resolution of Deft's Motion for Judgment on the pleadings. Signed by Magistrate Judge Paul R Cherry on 6/15/09. (csi) (Entered: 06/16/2009)

June 15, 2009
36

MEMORANDUM OPINION AND ORDER granting 19 Motion for Judgment on the Pleadings, as this case is deemed moot and is dismissed without prejudice. Each party to bear its own costs. Signed by Judge Allen Sharp on 6/22/09. (csi) (Entered: 06/23/2009)

June 22, 2009
37

CLERK'S ENTRY OF JUDGMENT. (csi) (Entered: 06/23/2009)

June 23, 2009
38

NOTICE OF APPEAL as to 37 Clerks Judgment, 36 Order on Motion for Judgment on the Pleadings by Jeffrey Mark Olson. (Rose, Gavin) (Entered: 07/07/2009)

July 7, 2009
39

Docketing Statement re: 38 Notice of Appeal filed by Jeffrey Mark Olson. (Rose, Gavin) (Entered: 07/07/2009)

July 7, 2009
40

USCA Appeal Fees in the amount of $ 455, receipt number 4142305 re 38 The Notice of Appeal filing fee was paid on *7/8/09*. edited text(csi) Modified on 7/8/2009 (csi). (Entered: 07/08/2009)

July 8, 2009
41

Short Record Sent to US Court of Appeals re 38 Notice of Appeal (csi) (Entered: 07/08/2009)

July 8, 2009
42

USCA Case Number 09−2728 for 38 Notice of Appeal filed by Jeffrey Mark Olson. (csi) (Entered: 07/09/2009)

July 8, 2009
43

TRANSCRIPT REQUEST by Jeffrey Mark Olson re 38 Notice of Appeal (Rose, Gavin) (Entered: 07/09/2009)

July 9, 2009
44

DESIGNATION of Record on Appeal by Jeffrey Mark Olson re 38 Notice of Appeal (Attachments: # 1 Exhibit Designated Record Documents)(Rose, Gavin) (Entered: 07/14/2009)

July 14, 2009
45

TRANSCRIPT REQUEST. No transcript ordered by Jeffrey Mark Olson. (smp) (Entered: 07/31/2009)

July 30, 2009
46

TRANSCRIPT REQUEST by Tracy Brown for proceedings held on March 18, 2009 before Judge Judge Sharp, re 38 Notice of Appeal Transcript due by

Aug. 4, 2009
48

Letter from 7th Circuit Court of Appeals requesting record on appeal. (csi) (Entered: 10/06/2009)

Oct. 6, 2009
49

Certified and Transmitted Record on Appeal to US Court of Appeals re 38 Notice of Appeal (csi) (Additional attachment(s) added on 10/6/2009: # 1 Main Document) (csi). (Entered: 10/06/2009)

Oct. 6, 2009
50

RECEIPT by USCA of appeal record 1 vol pleadings, 1 vol transcripts. (mlc) (Entered: 10/08/2009)

Oct. 7, 2009
51

MANDATE, FINAL JUDGMENT and BILL OF COSTS of USCA as to 38 Notice of Appeal filed by Jeffrey Mark Olson; Reversing with costs the District Court's dismissal of the complaint as moot. Remanded for consideration of the plaintiff's motion for class certification and defendant's motion for dismissal for failure to state a claim. No record to be returned. (mlc) (Entered: 03/01/2010)

Feb. 26, 2010
52

ORDER REASSIGNING CASE. Case reassigned to Judge Philip P Simon for all further proceedings. Judge Allen Sharp no longer assigned to case, Case reopened. This matter has been remanded by the United States Court of Appeals for the Seventh Circuit for further proceedings. In view of the death of Judge Allen Sharp, and in accordance with Local Rule 40.1(f), the Clerk shall randomly assign a new district judge to preside in this case. copy of order sent to Jeffery Mark Olson. Signed by Judge Philip P Simon on 3/4/10. (csi) (Entered: 03/04/2010)

March 4, 2010
53

MOTION for Leave to File Supplemental Affidavit of Jeffrey Mark Olson (in Supp. of Mot. for Class Certification) by Plaintiff Jeffrey Mark Olson. (Attachments: # 1 Affidavit Exh. 56 (Supp. Aff. of Jeffrey Mark Olson))(Rose, Gavin) (Entered: 03/24/2010)

March 24, 2010
54

ORDER granting 53 Motion for Leave to submit supplemental affidavit of Jeffrey Mark Olson in support of motion for Class Certification. The Court orders Plaintiffs to file their Supplemental Affidavit of Jeffrey Mark Olson, which is currently docketed as an attachment to the instant Motion, by 4/1/10. Signed by Magistrate Judge Paul R Cherry on 3/25/10. (csi) (Entered: 03/25/2010)

March 25, 2010
55

NOTICE by Jeffrey Mark Olson re 54 Order on Motion for Leave to File, Notice of Filing Supplemental Affidavit of Jeffrey Mark Olson (Attachments: # 1 Affidavit (Supplemental Affidavit of Jeffrey Mark Olson))(Rose, Gavin) (Entered: 03/25/2010)

March 25, 2010
57

ORDER REASSIGNING CASE. Case reassigned to Judge Jon E DeGuilio for all further proceedings. Chief Judge Philip P Simon no longer assigned to case. Signed by Chief Judge Philip P Simon on 6/3/10. (jld) (Entered: 06/03/2010)

June 3, 2010
58

NOTICE by Jeffrey Mark Olson re 56 Notice (Other) Regarding Petition for Writ of Certiorari (Rose, Gavin) (Entered: 06/25/2010)

June 25, 2010

NOTICE: Based on the 7th Circuit Court of Appeals Opinion, this case is set for a Status Conference on 9/2/2010 at 11:00 AM (EST) in the first floor courtroom of the US District Court in South Bend before Judge Jon E DeGuilio. (saj) (Entered: 08/03/2010)

Aug. 3, 2010
59

STATUS CONFERENCE held on 9/2/2010 before Judge Jon E DeGuilio. Pla appeared by atty Rose. Dft appeared by atty Masson. Court heard from counsel. The parties are to refile their briefs/motions by 10/4/2010. The responses thereto are due by 10/19/2010. 10:49−11:00 (Court Reporter Spromberg) (saj) (Entered: 09/02/2010)

Sept. 2, 2010
60

MEMORANDUM in Support of 2 MOTION to Certify Class (Supplemental Memorandum) filed by Jeffrey Mark Olson. (Rose, Gavin) (Entered: 10/01/2010)

Oct. 1, 2010
61

MEMORANDUM in Support of 19 MOTION for Judgment on the Pleadings filed by Tracy Brown. (Masson, Douglas) (Entered: 10/04/2010)

Oct. 4, 2010
62

RESPONSE in Opposition re 19 MOTION for Judgment on the Pleadings (Supplemental Response) filed by Jeffrey Mark Olson. (Rose, Gavin) (Entered: 10/15/2010)

Oct. 15, 2010
63

RESPONSE in Opposition re 2 MOTION to Certify Class Second Response filed by Tracy Brown. (Attachments: # 1 Affidavit Affidavit of Denise Saxton)(Masson, Douglas) (Entered: 10/19/2010)

Oct. 19, 2010
64

SUPPLEMENT to 63 Response in Opposition to Motion Designation of Additional Authority filed by Tracy Brown. (Masson, Douglas) (Entered: 06/24/2011)

June 24, 2011
65

MOTION for Leave to File Short Response to Sheriff's Desigation of Additional Authority Concerning Motion for Class Certifcation (Doc. 64) by Plaintiff Jeffrey Mark Olson. (Attachments: # 1 Exhibit Response Brief to Sheriff's Designation)(Rose, Gavin) (Entered: 07/08/2011)

July 8, 2011

NOTICE TO COUNSEL: Any response to the 65 Motion for Leave to File Short Response should be filed by 7/15/2011. No reply is necessary. This is a text−only entry. (saj) (Entered: 07/11/2011)

July 11, 2011
66

ORDER granting 65 Motion for Leave to File a Short Response to the Defendant's Designation of Additional Authority Concerning Class Certification. Plaintiff's Response is DEEMED filed as of today's date and the Defendant has seven calendar days in which to file any reply. Signed by Judge Jon E DeGuilio on 07/20/11. (ksp) (Entered: 07/20/2011)

July 20, 2011
67

RESPONSE to Sheriff's Designation of Additional Authority Concerning Motion for Class Certification by Jeffrey Mark Olson to 64 Supplement. (ksp) (Entered: 07/20/2011)

July 20, 2011
68

REPLY to Response to Motion re 2 MOTION to Certify Class Designation of Supplemental Authority filed by Tracy Brown. (Masson, Douglas) (Entered: 07/26/2011)

July 26, 2011
69

OPINION AND ORDER. The Court GRANTS in part and DENYS in part Mr. Olson's Motion to Certify Class; ORDERS that this case be certified as a class action with the class and subclass defined as stated in Section II.B.5, supra; APPOINTS Gavin Rose and Kenneth Falk as class counsel; and, DIRECTS class counsel to provide notice of this certification to each individual member of the class who can be identified through reasonable effort. Finally, because Mr. Olson's standing in this case is contingent on class certification, the Court DISMISSES AS MOOT any claims not certified for class treatment. Signed by Judge Jon E DeGuilio on 07/25/12. (ksp) (Entered: 07/25/2012)

July 25, 2012
70

OPINION AND ORDER. The Court GRANTS IN PART AND DENIES IN PART the Defendant's motion for judgment on the pleadings. Signed by Judge Jon E DeGuilio on 07/25/12. (ksp) (Entered: 07/25/2012)

July 25, 2012
71

USCA ORDER in Case No. 12−8031: Defendant Tracy Brown's Petition for Permission to Appeal Class Certification Order is DENIED. Dated 08/27/12(ksp) (Entered: 08/28/2012)

Aug. 28, 2012
72

NOTICE of Hearing: Telephonic Status/Scheduling Conference set for 10/10/2012 11:00 AM Central before Magistrate Judge Paul R Cherry w/the Court initiating the schedule. The Court invites party(s) to file a joint proposed scheduling plan if applicable at least 24 hrs in advance. (smb) (Entered: 09/13/2012)

Sept. 13, 2012
73

REPORT of Rule 26(f) Planning Meeting. (Masson, Douglas) (Entered: 10/05/2012)

Oct. 5, 2012
74

SCHEDULING CONFERENCE held by teleph 10/10/2012 before Magistrate Judge Paul R Cherry. Pla appeared by atty Gavin Rose. Dft appeared by atty Douglas Masson. All dates/ddl in Joint Report 73 through close of discovery are adopted and incorporated herien. Any motion for leave to amend pleadings to be filed by 1/1/2013. Discovery deadline is 9/1/2013. Expert Discovery deadline is 9/1/2013. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 7/1/2013. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 6/1/2013. Initial Disclosures to be exchanged by 12/4/2012. The summary judgment ddl in FRCP 56 shall not apply. All other dates/ddl to be set by the presiding trial judge at later date. (Tape #FTR.) (smb) (Entered: 10/15/2012)

Oct. 10, 2012

***Deadlines/Hearings terminated. (mlc) (Entered: 10/16/2012)

Oct. 10, 2012
75

Joint MOTION to Stay Case Management Deadlines Pending Potential Settlement by Defendant Tracy Brown, Plaintiff Jeffrey Mark Olson. (Rose, Gavin) (Entered: 11/29/2012)

Nov. 29, 2012
76

ORDER granting 75 Joint Motion to Stay Case Management Deadlines Pending Potential Settlement. This case is STAYED through 3/7/2013. Telephonic Status Conference set for 3/7/2013 at 09:30 AM in US District Court − Hammond before Magistrate Judge Paul R Cherry. The Court VACATES all deadlines in this matter, to be reset by telephonic conference, if necessary. Signed by Magistrate Judge Paul R Cherry on 12/05/12. (ksp) (Entered: 12/05/2012)

Dec. 5, 2012

***Deadlines/Hearings terminated. (ksp) (Entered: 12/05/2012)

Dec. 5, 2012
77

TELEPHONIC STATUS CONFERENCE held 3/7/2013 before Magistrate Judge Paul R Cherry. Pla appeared by atty Gavin Rose. Dft appeared by atty Douglas Masson. Class action settlement reached. The Court having been orally advised that the parties consent to the jurisdiction of the magistrate judge, the court will accept this notification as if they had executed the appropriate written form. The Court will reserve 7/17/2013 9:00 AM Central for the Class Action Fairness Hearing to be held before Magistrate Judge Paul R Cherry. If the hearing is uncontested the Court will conduct the hearing telephonically. (Tape #FTR.) (smb) (Entered: 03/08/2013)

March 7, 2013
78

NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: The parties having orally consented pursuant to 28 U.S.C. Section 636(c), this case is referred to Magistrate Judge Paul R Cherry for all purposes and is reassigned pursuant to General Order 2007−10 from Magistrate Judge Paul R Cherry and Judge Jon E DeGuilio to Magistrate Judge Paul R Cherry. (smb) (Entered: 03/08/2013)

March 7, 2013
79

ORDER setting telephonic preliminary class action settlement approval hearing. Hearing set for 5/16/2013 at 10:30 AM in US District Court − Hammond before Magistrate Judge Paul R Cherry. The Court ORDERS the parties to file a joint motion for preliminary class action settlement approval, with the proposed settlement agreement attached as an exhibit, on or before 5/13/13. See Order for additional rulings. Signed by Magistrate Judge Paul R Cherry on 03/11/13. (ksp) (Entered: 03/11/2013)

March 11, 2013
80

STIPULATION to Enter Private Settlement Agreement Following Notice to the Class by Defendant Tracy Brown, Plaintiff Jeffrey Mark Olson. (Attachments: # 1 Exhibit Proposed Private Settlement Agreement)(Rose, Gavin) (Entered: 05/07/2013)

May 7, 2013
81

Consent MOTION Approve Form and Manner of Notice to the Class by Plaintiff Jeffrey Mark Olson. (Attachments: # 1 Exhibit Class Notice)(Rose, Gavin) (Entered: 05/07/2013)

May 7, 2013
82

TELEPHONE CONFERENCE/PRELIMINARY APPROVAL HEARING held on 5/16/2013 before Magistrate Judge Paul R Cherry. Pla appeared by atty Gavin Rose. Dft appeared by atty Douglas Masson. Comments presented. The Court will grant DE 80 and 81 by separate order. The Court confirms the 7/17/2013 9:00 AM for Class Action Fairness Hearing to be conducted telephonically if uncontested. (Tape #FTR.) (smb) (Entered: 05/17/2013)

May 16, 2013
83

ORDER granting 80 Stipulation to Enter Private Settlement Agreement and Notice to Class; granting 81 Motion to Approve Form and Manner of Notice of Class. Defendant shall effect class notice in the manner described in the Motion. Signed by Magistrate Judge Paul R Cherry on 5/16/2013. (smb) Modified to correct signature date on 5/21/2013 (tc). (Entered: 05/17/2013)

May 16, 2013
84

REPORT by Jeffrey Mark Olson oc Class Counsel and Request that Proposed Settlement Agreement Be Deemed Appropriate Following Fairness Hearing . (Attachments: # 1 Exhibit 1 (Letter from Class Members), # 2 Exhibit 2 (Letter from Class Member))(Rose, Gavin) (Entered: 07/05/2013)

July 5, 2013
85

FAIRNESS/APPROVAL HEARING held on 7/17/2013 before Magistrate Judge Paul R Cherry. Pla appeared by atty Gavin Rose. Dft appeared by atty Douglas Masson. Court finds that the settlement reached in this case is reasonable and the settlement is approved. Proposed Preliminary Final Approval order to be submitted to cherry_chambers@innd.uscourts.gov. (Tape #FTR.) (smb) (Entered: 07/18/2013)

July 17, 2013
86

ORDER Finding Private Settlement Agreement to be Fair, Reasonable, and Adequate 84 Report, filed by Jeffrey Mark Olson. (see order for further details) Signed by Magistrate Judge Paul R Cherry on 7/19/13. (mlc) (Entered: 07/19/2013)

July 19, 2013
87

NOTICE by Jeffrey Mark Olson of Class Counsel (Rose, Gavin) (Entered: 08/06/2013)

Aug. 6, 2013
88

MOTION to Dismiss with Prejudice by Plaintiff Jeffrey Mark Olson. (Rose, Gavin) (Entered: 08/09/2013)

Aug. 9, 2013
89

ORDER denying without prejudice 88 Motion to Dismiss. Signed by Magistrate Judge Paul R Cherry on 08/09/13. (ksp) (Entered: 08/09/2013)

Aug. 9, 2013
90

STIPULATION to Dismiss by Plaintiff Jeffrey Mark Olson, Defendant Tracy Brown. (Rose, Gavin) (Entered: 08/12/2013)

Aug. 12, 2013
91

ORDER granting 90 Stipulation to Dismiss. This matter is DISMISSED with prejudice. Signed by Magistrate Judge Paul R Cherry on 08/19/13. (ksp) (Entered: 08/19/2013)

Aug. 19, 2013

State / Territory: Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Post-WalMart decisions on class certification

Key Dates

Filing Date: Jan. 2, 2009

Closing Date: 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

An inmate at the Tippecanoe 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

Tippecanoe County (Tippecanoe), County

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Confidentiality

Grievance Procedures

Law library access

Mail

Type of Facility:

Government-run