Case: Snider v. Superintendent, Wabash Valley Correctional Facility

1:11-cv-00731 | U.S. District Court for the Southern District of Indiana

Filed Date: May 31, 2011

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On May 31, 2011, prisoners incarcerated in the Special Confinement Unit at the Wabash Valley Correctional Facility filed this lawsuit in the U.S. District Court for the Southern District of Indiana under 42 U.S.C. § 1983, against the Indiana Department of Corrections ("DOC"). The plaintiffs, represented by the ACLU of Indiana, claimed that they were not being provided with the minimally adequate diet required by the Eighth Amendment. They asked the Court for declaratory and injunctive relief. P…

On May 31, 2011, prisoners incarcerated in the Special Confinement Unit at the Wabash Valley Correctional Facility filed this lawsuit in the U.S. District Court for the Southern District of Indiana under 42 U.S.C. § 1983, against the Indiana Department of Corrections ("DOC"). The plaintiffs, represented by the ACLU of Indiana, claimed that they were not being provided with the minimally adequate diet required by the Eighth Amendment. They asked the Court for declaratory and injunctive relief.

Plaintiffs complained that they were routinely served meals that failed to meet minimum caloric requirements. While the contract between the DOC and its food services provider stated that meals must be prepared according to menus approved by dietitians, food was frequently missing from the plaintiffs' meals. As a result, the plaintiffs received insufficient amounts of food and calories and experienced significant weight loss and various other health problems.

On November 4, 2013, Magistrate Judge Mark Dinsmore issued an order approving the parties' private settlement agreement. The agreement specified certain monitoring measures requiring the DOC to ensure adequate diets, including the requirement that one or more correctional officers randomly check a number of the food trays before meal delivery. The agreement also mandated that prison officials correct and record any food deficiencies or shortages. The parties agreed that absent an order from the Court, the agreement would remain in effect for six months after its effective date, at which point the case would be automatically dismissed without prejudice. The docket as of January 17, 2020 shows no further filings, so presumably the case is closed.

Summary Authors

Nate West (10/5/2014)

People


Judge(s)

Dinsmore, Mark. J. (Indiana)

Lawrence, William T. (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Mensz, Jan P. (Indiana)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Judge(s)

Dinsmore, Mark. J. (Indiana)

Lawrence, William T. (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Mensz, Jan P. (Indiana)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Documents in the Clearinghouse

Document

1:11-cv-00731

Docket [PACER]

Jan. 4, 2013

Jan. 4, 2013

Docket
1

1:11-cv-00731

Complaint

May 31, 2011

May 31, 2011

Complaint
88

1:11-cv-00731

Stipulation of Parties to Enter into Private Settlement Agreement after Plaintiffs' Counsel Gives Notice to the Class and After Fairness Hearing/Motion to Approve Form and Manner of Notice

Aug. 26, 2013

Aug. 26, 2013

Settlement Agreement
101

1:11-cv-00731

Order

Nov. 4, 2013

Nov. 4, 2013

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY and UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY, filed by BILL SNIDER. (Attachments: # 1 Offender Grievance Case Report)(JKS) (Entered: 06/01/2011)

May 31, 2011

May 31, 2011

2

CIVIL COVER SHEET, filed by Plaintiff BILL SNIDER. (JKS) (Entered: 06/01/2011)

May 31, 2011

May 31, 2011

3

RECEIPT #IP024381 in the amount of $ 350.00 (JKS) (Entered: 06/01/2011)

May 31, 2011

May 31, 2011

4

Summons Issued as to SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, and UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (JKS) (Entered: 06/01/2011)

May 31, 2011

May 31, 2011

6

NOTICE of Appearance by Jan P. Mensz on behalf of Plaintiff BILL SNIDER. (JKS) (Entered: 06/01/2011)

May 31, 2011

May 31, 2011

7

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JKS) (Entered: 06/01/2011)

May 31, 2011

May 31, 2011

8

RETURN of Service by CMRRR, filed by All Plaintiffs. UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY served on 6/3/2011. (Mensz, Jan) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

9

RETURN of Service by CMRRR, filed by BILL SNIDER. SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY served on 6/2/2011. (Mensz, Jan) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

10

MOTION to Certify Class, filed by Plaintiff BILL SNIDER. (Falk, Kenneth) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

11

BRIEF/MEMORANDUM in Support re 10 MOTION to Certify Class, filed by Plaintiff BILL SNIDER. (Attachments: # 1 Population Statistical Report)(Falk, Kenneth) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

12

NOTICE of Appearance by Adam Clay on behalf of Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Clay, Adam) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

13

NOTICE of Appearance by David A. Arthur on behalf of Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Arthur, David) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

14

NOTICE of Parties' First Extension of Time, filed by Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Clay, Adam) (Entered: 06/23/2011)

June 23, 2011

June 23, 2011

15

Unopposed MOTION for Extension of Time to 08/20/11 to Answer Complaint , filed by Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion for Enlargement of Time)(Clay, Adam) (Entered: 07/21/2011)

July 21, 2011

July 21, 2011

16

ORDER granting defts' 15 Motion for Extension of Time to File response to complaint to 8/20/2011. Signed by Magistrate Judge Mark J. Dinsmore on 7/22/2011. (SWM) (Entered: 07/22/2011)

July 22, 2011

July 22, 2011

17

ANSWER to 1 Complaint, filed by SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY.(Clay, Adam) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

18

SCHEDULING ENTRY: Initial Pretrial Conference set for 10/18/2011 03:00 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference (see Entry for additional information). Signed by Magistrate Judge Mark J. Dinsmore on 9/12/2011.(SWM) (Entered: 09/13/2011)

Sept. 12, 2011

Sept. 12, 2011

19

MOTION to Withdraw as Attorney (Jan Mensz) , filed by Plaintiff BILL SNIDER. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

20

MOTION for Summary Ruling on Plaintiff's Motion for Class Certification , filed by Plaintiff BILL SNIDER. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

22

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff BILL SNIDER. (Falk, Kenneth) (Entered: 10/06/2011)

Oct. 6, 2011

Oct. 6, 2011

23

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 10/18/2011. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. Status Conference set for 1/18/2012 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the court via email. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 10/20/2011)

Oct. 19, 2011

Oct. 19, 2011

24

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 4/30/2012. Signed by Magistrate Judge Mark J. Dinsmore on 10/19/2011.(SWM) (Entered: 10/20/2011)

Oct. 19, 2011

Oct. 19, 2011

25

SCHEDULING ORDER: Bench Trial set for 11/26/2012 at 9:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence. Final Pretrial Conference set for 10/25/2012 at 2:00 PM in room #204, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge William T. Lawrence.`(DW) (Entered: 10/27/2011)

Oct. 26, 2011

Oct. 26, 2011

26

TRIAL PROCEDURES AND PRACTICES before Judge William T. Lawrence. (DW) (Entered: 10/27/2011)

Oct. 26, 2011

Oct. 26, 2011

27

NOTICE of Service of Initial Disclosures, filed by Plaintiff BILL SNIDER. (Falk, Kenneth) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

28

Witness List −Preliminary− , filed by Plaintiff BILL SNIDER, Exhibit List −Preliminary− , filed by Plaintiff BILL SNIDER. (Falk, Kenneth) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

29

MOTION for Extension of Time to November 14, 2011 to Make Settlement Demand , filed by Plaintiff BILL SNIDER. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

30

NOTICE of Service of Initial Disclosures, filed by Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Clay, Adam) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

31

ORDER granting Pltf's 29 Motion for Extension of Time to make settlement demand to 11/14/2011. Signed by Magistrate Judge Mark J. Dinsmore on 11/2/2011. (SWM) (Entered: 11/03/2011)

Nov. 2, 2011

Nov. 2, 2011

32

Witness List Preliminary , filed by Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY, Exhibit List Preliminary , filed by Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Clay, Adam) (Entered: 11/30/2011)

Nov. 30, 2011

Nov. 30, 2011

34

ORDER: IT IS THEREFORE ORDERED that this case is certified as a class action as to the claim that the diet within the Special Confinement Unit at the Wabash Valley Correctional Facility violates the Eighth Amendment. This class is certified pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure, with Bill Snider as class representative, and is defined as: All prisoners now, and in the future, confined to the Special Confinement Unit at Wabash Valley Correctional Facility. IT IS FURTHER ORDERED that Kenneth J. Falk is appointed class counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure. Signed by Judge William T. Lawrence on 1/23/2012. (DW) (Entered: 01/23/2012)

Jan. 23, 2012

Jan. 23, 2012

37

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephone Status Conference held on 2/27/2012. The parties discussed the status of discovery. Status Conference set for 3/20/2012 04:40 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss whether additional time is necessary to conduct discovery and to establish a briefing schedule for anticipated cross− motions for summary judgement. Counsel shall attend the status conference by calling the designated phone number, to be provided by the court via email. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

39

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/20/2012. The parties discussed the status of discovery and case management deadlines. The parties approved CMP [Dkt. 24] is amended as follows: Dispositive motions due by 10/5/2012. All discovery shall be completed by 9/21/2012. The Court further VACATES the Final Pretrial Conference scheduled for 10/25/2012, and the Trial scheduled for 11/26/2012. These dates will be rescheduled by separate order at a later date. Status Conference set for 5/22/2012 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

40

STIPULATION to Enter Qualified Protective Order Pursuant to the Health Insurance Portability and Accountability Act and State Law , filed by Plaintiff BILL SNIDER, Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

41

MOTION to Intervene PRO SE PLTF−JOHN ERIC THOMAS. (CBU) (Entered: 04/12/2012)

April 11, 2012

April 11, 2012

42

Entry Discussing John Eric Thomas' Motion to Intervene: Mr. Thomas has not supplied sufficient information from which an appropriate analysis relating to permissive intervention can be made. His motion for such intervention 41 is therefore denied ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 4/20/2012. Copy sent to John Eric Thomas via US Mail. (DW) (Entered: 04/20/2012)

April 20, 2012

April 20, 2012

43

Qualified Protective Order Pursuant to the Health Insurance Portability and Accountability Act and Indiana Statutes (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 4/23/2012.(SWM) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

44

Letter from John Eric Thomas to Kenneth J. Falk. (DW) (Entered: 04/25/2012)

April 25, 2012

April 25, 2012

46

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephone Status Conference held on 5/22/2012. Telephonic Status Conference set for 6/14/2012 10:30 AM before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. (TMA) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

48

MOTION for copy of complaint filed by Non−Party John Eric Thomas.. (DW) (Entered: 06/11/2012)

June 6, 2012

June 6, 2012

49

Joint MOTION to Modify Case Management Deadlines , filed by Plaintiff BILL SNIDER, Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

51

MARGINAL ENTRY granting Non−Party Eric Thomas' 48 Motion for copy of complaint (see Marginal Entry bottom of Pg. 1) c/m. Signed by Magistrate Judge Mark J. Dinsmore on 6/21/2012. (SWM) (Entered: 06/22/2012)

June 21, 2012

June 21, 2012

52

ORDER granting Parties' 49 Joint Motion to Modify Case Management Deadlines. Discovery due by 12/21/2012. Dispositive Motions due by 1/11/2013 (see Order for other established deadlines). Signed by Magistrate Judge Mark J. Dinsmore on 6/21/2012.(SWM) (Entered: 06/22/2012)

June 21, 2012

June 21, 2012

54

MOTION for Pretrial Conference, filed by John Eric Thomas.. (WJC) (Entered: 07/27/2012)

July 25, 2012

July 25, 2012

53

ENTRY RESETTING CONFERENCE (TIME ONLY): This matter is currently set for a telephonic Status Conference on Friday, August 17, 2012 at 3:00 p.m. The court now changes the time to 4:20 p.m. All other requirements of the Court's Order dated 6/20/2012 (Dkt. 50) are still in order and effect. Signed by Magistrate Judge Mark J. Dinsmore on 7/26/2012.(SWM) (Entered: 07/26/2012)

July 26, 2012

July 26, 2012

55

ENTRY: A pretrial conference is scheduled for August 17, 2012. Mr. Thomas' motion for pretrial conference has been considered. That motion 54 is denied because there is nothing in such motion warranting any adjustment in the conference already scheduled. Signed by Judge William T. Lawrence on 7/31/2012. Copy sent to John E. Thomas via US Mail. (DW) (Entered: 08/01/2012)

July 31, 2012

July 31, 2012

56

STATEMENT of John Eric Thomas. (DW) (Entered: 08/02/2012)

July 31, 2012

July 31, 2012

57

Unopposed MOTION for Continuance of August 17, 2012, Status Conference , filed by Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Continue Status Conference)(Clay, Adam) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

58

ORDER granting Defts' 57 Motion for Continuance of Telephonic Status Conference. Status Conference RESET for 8/20/2012 02:10 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. All other requirements of the Court's Order dated 6/20/12 [Dkt. 50] remain in full force and effect. Signed by Magistrate Judge Mark J. Dinsmore on 8/6/2012.(SWM) (Entered: 08/07/2012)

Aug. 6, 2012

Aug. 6, 2012

59

Letter from Non Party Aaron Isby−Israel to Judge re: Food Problems/Kenneth Falk. (DW) (Entered: 08/14/2012)

Aug. 10, 2012

Aug. 10, 2012

61

MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 8/20/2012. Plaintiffs' Counsel reported on the dietician's examination of the food trays and proposed that the parties enter into an agreement whereby the Defendant would monitor the portions of food for a period of time to be determined. Status Conference set for 9/13/2012 02:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to determine if the parties were able to enter into an agreement regarding the monitoring of the portions of food. The parties should also be prepared to discuss adjustments to the case management deadlines. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore. (SWM) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

63

MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/13/2012. The parties report that the Department of Correction will implement a monitoring program to ensure that meal portions are correct. Accordingly, this matter is stayed until further order of the Court. Status Conference set for 12/17/2012 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the court via email. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

65

MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephone Status Conference held on 12/17/2012. Telephonic Status Conference set for 2/4/2013 03:00 PM before Magistrate Judge Mark J. Dinsmore. Signed by Magistrate Judge Mark J. Dinsmore. (TMA) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

66

MOTION Demanding investigation filed by NON−PARTY John Eric Thomas.. (Attachments: # 1 Exhibit B)(DW) Modified on 1/18/2013 (DW). (Entered: 01/16/2013)

Jan. 14, 2013

Jan. 14, 2013

67

ENTRY: A copy of the motion filed by Mr. Thomas on January 15, 2013, shall be included with the distribution of this Entry. The motion demanding federal rights investigation 66 is denied because the court does not conduct or compel investigations on behalf of litigants. Signed by Judge William T. Lawrence on 1/18/2013. Copy of Entry and Motion sent to John Thomas via US Mail. (DW) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

68

AMENDED ENTRY: A copy of the motion filed by Mr. Thomas on January 14, 2013, shall be included with the distribution of this Entry. The motion demanding federal rights investigation 66 is denied because the court does not conduct or compel investigations on behalf of litigants. Signed by Judge William T. Lawrence on 1/22/2013. Copy sent to John Thomas via US Mail.(DW) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

70

MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/4/2013. Plaintiffs have made a settlement proposal to Defendants. The parties are anticipating approval of the settlement within the next few weeks. Status Conference set for 3/6/2013 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss status of the settlement proposal. Counsel shall attend the status conference by calling the designated phone number, to be provided by the court via email. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 02/06/2013)

Feb. 6, 2013

Feb. 6, 2013

72

MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/6/2013. Plaintiffs have proposed a draft settlement agreement to Defendants which is in the final stages of approval by the State. Once the settlement is approved, Plaintiffs will move to schedule a fairness hearing for approval of the Class Action settlement. Stauts Conference set for 4/18/2013 04:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss status of the settlement. If the matter is settled prior to the call, Counsel was advised to call chambers and the telephonic status conference will be vacated. Counsel shall attend the status conference by calling the designated phone number, to be provided by the court via email. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 03/08/2013)

March 7, 2013

March 7, 2013

74

MOTION to Withdraw Attorney Appearance of Adam Clay , filed by Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to Withdraw Appearance of Adam Clay)(Arthur, David) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

75

ORDER granting 74 Motion to Withdraw Attorney Appearance. Attorney Adam Clay withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 4/18/2013. (SWM) (Entered: 04/18/2013)

April 18, 2013

April 18, 2013

76

MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/18/2013. The parties are still awaiting approval of the settlement agreement by the State. Once the settlement is approved, Plaintiffs will move to schedule a fairness hearing for approval of the Class Action settlement. Status Conference set for 5/22/2013 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss status of the settlement. If the matter is settled prior to the call, Counsel was advised to call chambers and the telephonic status conference will be vacated. Counsel shall attend the status conference by calling the designated phone number, to be provided by the court via email. Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 04/26/2013)

April 25, 2013

April 25, 2013

79

MOTION (Letter) for court's assistance no c/s filed by Aaron Isby.. (DW) (Entered: 05/08/2013)

May 2, 2013

May 2, 2013

77

MOTION for Continuance of Telephonic Status Conference , filed by Plaintiff BILL SNIDER. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/04/2013)

May 4, 2013

May 4, 2013

78

ORDER granting Pltf's 77 Motion for Continuance of Telephonic Status Conference. Status Conference RESET for 5/24/2013 01:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. All other requirements of the Court's order dated 4/25/2013 [Dkt. 76] remain in full force and effect. Signed by Magistrate Judge Mark J. Dinsmore on 5/6/2013.(SWM) (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

80

MOTION for Injunctive Relief c/s filed by non−party John Eric Thomas, Pro Se.. (DW) (Entered: 05/14/2013)

May 9, 2013

May 9, 2013

82

ENTRY: The motion seeking injunctive relief [Dkt 80] is denied because Mr. Thomas refers therein to other litigation, pending in No. 1:08−cv−1317−TWP−MJD, and does not seek relief associated with the claims in this case. Signed by Judge William T. Lawrence on 5/22/2013. Copy sent to John Thomas via US Mail. (DW) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

83

MINUTE ENTRY for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 5/24/2013. The parties report they are still awaiting approval of the settlement agreement by the State. Settlement Conference set for 7/15/2013 09:00 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. If the parties advise the Court in advance of the settlement conference that an agreed resolution of this matter has been reached, then the settlement conference will be vacated (see Entry for additional information). Signed by Magistrate Judge Mark J. Dinsmore.(SWM) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

84

CONSENT to Prisoner E−Service by BILL SNIDER. Pursuant to General Order 2013−1, documents submitted by BILL SNIDER to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E−Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (DW) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

85

ORDER REGARDING E−FILING PROGRAM: It has come to the Court's attention that Plaintiff Bill Snider has filed a consent form in this action expressing his desire to participate in the Prisoner Electronic Filing Program ("E−Filing"). Inasmuch as Mr. Snider is represented by counsel, he generally is not entitled under the Federal Rules of Civil Procedure to receive service of the court's orders directly from the court; rather, those orders are served on Mr. Snider's attorney. Federal Rule of Civil Procedure 77(d) directs the clerk to serve notice of the court's orders entries on parties as provided in Rule 5(b); Rule 5(b)(1), in turn, provides that "[i]f a party is represented by attorney, service under this rule must be made on the attorney unless the court orders service on the party." The Court sees no reason to deviate from the general rule in this case, and therefore declines to order that Mr. Snider be served directly, with the exception of this Order . After this Order is served, the consent form filed by Mr. Snider shall have no effect in this case as long as Mr. Snider is represented by counsel. The Clerk is directed to take whatever action necessary on the CM/ECF system to effectuate this Order . Signed by Judge William T. Lawrence on 6/24/2013.(DW) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

87

ORDER granting Defts' 86 Motion for Continuance of Settlement Conference. Settlement Conference RESET for 8/28/2013 11:30 AM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. In all other respects, the entry at docket no. 83 remains in effect. The Court does not anticipate any further continuances of this settlement conference. Signed by Magistrate Judge Mark J. Dinsmore on 7/12/2013.(SWM) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

88

STIPULATION of Parties to Enter into Private Settlement Agreement After Plaintiffs' Counsel Gives Notice to the Class and After Fairness Hearing / Motion to Approve Form and Manner of Notice , filed by Plaintiff BILL SNIDER, Defendants SUPERINTENDENT, WABASH VALLEY CORRECTIONAL FACILITY, UNIT MANAGER, SPECIAL CONFINEMENT UNIT, WABASH VALLEY CORRECTIONAL FACILITY. (Attachments: # 1 Proposed Class Notice, # 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

89

CONSENT to Jurisdiction to US Magistrate Judge by All Parties. (Arthur, David) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

90

REFERENCE ORDER: IT IS ORDERED: This case is referred to the currently assigned United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fe d. R. Civ. P. 73. Should this case be reassigned to a magistrate judge other than the magistrate judge assigned the date of this order, any attorney or party of record may object within 30 days of such reassignment. If no objection is filed, the consent will remain in effect. Signed by Judge William T. Lawrence on 8/27/2013.(DW) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

91

SCHEDULING ENTRY: In light of the parties Stipulation to Enter into Private Settlement Agreement [Dkt. 88], the Court sua sponte VACATES Settlement Conference scheduled for August 28, 2013 [dkt. 87]. Signed by Magistrate Judge Mark J. Dinsmore on 8/27/2013.(SWM) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

92

SCHEDULING ORDER: Status Conference set for 9/6/2013 03:00 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss the parties Stipulation to Enter Into Private Settlement Agreement [Dkt. 88]. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 8/30/2013.(SWM) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

94

ORDER: The parties, having filed their Stipulation to Enter into Private Settlement Agreement after Plaintiffs' Counsel Gives Notice to the Class and After Fairness Hearing/Motion to Approve Form and Manner of Notice, and the Court having read the filing and being duly advised enters the following orders. IT IS ORDERED that notice to the class of the proposed private settlement agreement shall be given as specified in Section I V of the agreement and class counsel shall make his report within the time, and in the manner, specified in Section IV of the proposed agreement. IT IS FURTHER ORDERED that this matter is set for a fairness hearing pursuant to Rule 23(e) of the Federal Rules of Civil Procedure on November 4, 2013, at 2:00 p.m. in Room 243, United States Courthouse, Indianapolis, Indiana. Signed by Magistrate Judge Mark J. Dinsmore on 9/6/2013.(SWM) (Entered: 09/09/2013)

Sept. 6, 2013

Sept. 6, 2013

95

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Status Conference held on 9/6/2013. The parties discussed issues relating to the fairness hearing, which the Court will schedule by separate order. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

96

MARGINAL ENTRY denying Aaron Isby's 79 Motion (letter) for Court's assistance c/m. Signed by Magistrate Judge Mark J. Dinsmore on 9/13/2013.

Sept. 13, 2013

Sept. 13, 2013

98

REPORT of Class Counsel Following Notice to the Class by All Plaintiffs. (Attachments: # 1 Comments Class Member Douglas, # 2 Comments Class Member Howard, # 3 Comments Class Member Rodgers)(Falk, Kenneth) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

99

REPORT (SUPPLEMENTAL) of Class Counsel Following Notice to the Class by BILL SNIDER. (Falk, Kenneth) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

100

Submission of Proposed Final Order , filed by Plaintiff BILL SNIDER. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

101

ORDER re 100 Submission of Proposed Final Order − The Court finds that the Private Settlement Agreement is a fair, reasonable, and adequate resolution of this matter. Pursuant to the Private Settlement Agreement, this case is now listed as inactive on this Court's docket and, absent an order from this Court or a subsequent written agreement by the parties, this case will be dismissed on May 5, 2014, without further notice. The dismissal will be without prejudice. Signed by Magistrate Judge Mark J. Dinsmore on 11/4/2013.(JD) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

102

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: The Court conducted a fairness hearing on 11/4/2013 on Plaintiff's Stipulation to Enter into Private Settlement. The Court reviewed the affidavits and other submissions of the parties and heard argument in support of the Stipulation. The Court further found that the proposed settlement was fair, reasonable and adequate and was not the product of collusion among the parties. The Court will enter the final order by separate order. Signed by Magistrate Judge Mark J. Dinsmore. (NLR) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: May 31, 2011

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are prisoners incarcerated by the Indiana Department of Corrections who alleged that they were not being provided with the minimally adequate diet required by the Eighth Amendment.

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

Indiana Department of Corrections, State

Defendant Type(s):

Corrections

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2013 - 2014

Content of Injunction:

Monitoring

Issues

General:

Conditions of confinement

Disciplinary segregation

Food service / nutrition / hydration

Solitary confinement/Supermax (conditions or process)

Type of Facility:

Government-run