Case: Tyson v. Grant County Sheriff

1:07-cv-00010 | U.S. District Court for the Northern District of Indiana

Filed Date: Jan. 19, 2007

Closed Date: 2013

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Case Summary

On January 19, 2007, an Indiana county jail inmate, represented by the ACLU, filed this class action lawsuit in the U.S. District Court for the Northern District of Indiana against Grant County, Indiana, over overcrowding in the Grant County Jail. Plaintiff alleged that overcrowding in the jail had resulted in a substantial degradation of jail conditions, including frequent fighting among inmates, inadequate food, and lack of access to exercise and recreational facilities. He alleged that the result violated Indiana law, the Fourteenth Amendment (for pretrial detainees), and the Eighth Amendment (for convicted inmates). Proceeding under 42 U.S.C. §1983, 28 U.S.C. §2201, and Indiana state law, the complaint sought class-certification, and declaratory relief, preliminary and injunctive relief requiring defendants to improve living conditions at the Grant County Jail; and costs and attorneys’ fees.

On May 9, 2007, the judge assigned to the case, Judge Rudy Lozano, granted plaintiff's motion for class certification. The class was defined as all current and future prisoners of the facility. Judge Lozano also dismissed plaintiff’s state law claims, but left plaintiff’s constitutional claims open for further litigation.

After slightly under a year, the parties notified the court of their intention to enter into a private settlement agreement on March 20, 2008. The judge to whom the case had been reassigned, Judge Joseph S. Van Bokkelen, approved the settlement agreement on July 30, 2008, after a fairness hearing and notification of the rest of plaintiff’s class.

In the settlement agreement, the parties recognized that the Grant County Jail population had remained at or below its rated capacity for the last 90 days prior to the agreement. Going forwards, defendants agreed that if the population of the Grant County Jail exceeded a set amount for an agreed upon period, then they would take steps to notify interested parties (including plaintiffs’ counsel), and attempt to transfer Grant County inmates to other Indiana jails. Defendants also agreed to take other steps to keep down the Grant County Jail population, including limiting how many prisoners that they would accept from other Indiana jails and considering other locations to house low-security prisoners. Defendants further agreed to make a number of changes to improve living conditions in Grant County Jail, including a guarantee of least two hours of vigorous physical exercise a week, a guarantee of improved bedding in the event that Grant County ever exceeded its rated capacity, and additional corrections officers to better monitor inmates. Defendants also agreed to pay plaintiffs $7,500 in attorneys’ fees, and $2,570.12 in costs.

The settlement agreement also included provisions to monitor and enforce Grant County’s compliance with its terms. Defendants agreed to provide plaintiffs’ counsel with a listing of the daily population in Grant County Jail every 30 days. The parties further agreed to file a joint report with the court every six months on the conditions at Grant County Jail, and on any changes or problems that may have arisen in the intervening period. As per the parties’ request, Judge Von Bokken agreed to keep the case open until December 31, 2012, to allow the parties to seek enforcement or modification of the agreement if needed.

On January 4, 2013, Judge Bokkelen dismissed the case with prejudice. Over the 4 intervening years, the parties had periodically sent joint-status reports to the court, as per the terms of the agreement. Neither party ever moved to enforce or modify the agreement in court.

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Summary Authors

Anjali Biala (10/14/2013)

Ryan Berry (8/15/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5275688/parties/tyson-v-grant-county-sheriff/

Judge(s)

Cosbey, Roger B. (Indiana)

Attorney for Plaintiff

Falk, Kenneth J. (Indiana)

Attorney for Defendant

Expert/Monitor/Master/Other

Jr, Lloyd Brown, (Indiana)

Jr, Clyde E (Indiana)

Lozano, Rodolfo (Indiana)

Judge(s)

Cosbey, Roger B. (Indiana)

Van Bokkelen, Joseph S. (Indiana)

Attorney for Plaintiff

Falk, Kenneth J. (Indiana)

Attorney for Defendant

Marksberry, Gary Jayson (Indiana)

Morrow, Michael R. (Indiana)

Expert/Monitor/Master/Other

Jr, Lloyd Brown, (Indiana)

Jr, Clyde E (Indiana)

Lozano, Rodolfo (Indiana)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:07-cv-00010	Docket [PACER]	Jan. 11, 2013	Jan. 11, 2013 Docket
1 1:07-cv-00010	Complaint	Feb. 16, 2006	Feb. 16, 2006 Complaint
24 1:07-cv-00010	Order	March 28, 2007	March 28, 2007 Order/Opinion
27 1:07-cv-00010	Opinion and Order	May 9, 2007	May 9, 2007 Order/Opinion 2007 WL 1395563
58 1:07-cv-00010	Order Dismissing Action	Jan. 4, 2013	Jan. 4, 2013 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5275688/tyson-v-grant-county-sheriff/

Last updated April 20, 2025, 11:36 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT/CLASS ACTION against all defendants (Filing fee $ 350.) Receipt #153846, filed by Richarh Tyson. (Attachments: # 1 Civil Cover Sheet)(lrm) (Entered: 01/22/2007)	Jan. 19, 2007	Jan. 19, 2007 Clearinghouse
2	Summons Issued as to Grant County Sheriff, Grant County Commissioners. (lrm) (Entered: 01/22/2007)	Jan. 19, 2007	Jan. 19, 2007 PACER
3	MOTION to Certify Class by Plaintiff Richarh Tyson.Response to be filed by 2/9/2007 (Falk, Kenneth) (Entered: 01/22/2007)	Jan. 22, 2007	Jan. 22, 2007 PACER
4	MEMORANDUM in Support of 3 MOTION to Certify Class filed by Richarh Tyson. (Falk, Kenneth) (Entered: 01/22/2007)	Jan. 22, 2007	Jan. 22, 2007 PACER
5	SUMMONS Returned Executed by Richarh Tyson. Grant County Commissioners served on 1/23/2007, answer due 2/12/2007. (Falk, Kenneth) (Entered: 01/25/2007)	Jan. 25, 2007	Jan. 25, 2007 PACER
6	SUMMONS Returned Executed by Richarh Tyson. Grant County Sheriff served on 1/23/2007, answer due 2/12/2007. (Falk, Kenneth) (Entered: 01/25/2007)	Jan. 25, 2007	Jan. 25, 2007 PACER
7	NOTICE of Appearance by Michael R Morow on behalf of Grant County Sheriff, Grant County Commissioners (Morow, Michael) (Entered: 02/08/2007)	Feb. 8, 2007	Feb. 8, 2007 PACER
8	NOTICE by Grant County Sheriff, Grant County Commissioners re 1 Complaint OF AGREEMENT OF INITIAL ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT AND RESPOND TO MOTION FOR CLASS CERTIFICATION THROUGH MARCH 14, 2007 (Morow, Michael) (Entered: 02/08/2007)	Feb. 8, 2007	Feb. 8, 2007 PACER
9	NOTICE of Hearing: Rule 16 Preliminary Pretrial Conference set for 3/28/2007 10:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey. (wsy) (Entered: 02/08/2007)	Feb. 8, 2007	Feb. 8, 2007 PACER
10	MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (wsy) (Entered: 02/08/2007)	Feb. 8, 2007	Feb. 8, 2007 PACER
11	MOTION for Extension of Time to File Response/Reply as to 3 MOTION to Certify Class (AGREED) by Defendants Grant County Sheriff, Grant County Commissioners. (Morow, Michael) (Entered: 02/09/2007)	Feb. 9, 2007	Feb. 9, 2007 PACER
12	ORDER granting 11 Agreed Motion for Extension of Time to File Response to Pltf's motion for class certification by Defts Grant County Sheriff, Grant County Commissioners. Response to be filed by 3/14/2007. Signed by Judge Roger B Cosbey on 2/12/2007. (lns) (Entered: 02/12/2007)	Feb. 12, 2007	Feb. 12, 2007 PACER
13	REPORT of Rule 26(f) Planning Meeting. (Falk, Kenneth) (Entered: 03/07/2007)	March 7, 2007	March 7, 2007 PACER
15	Letter from Lloyd Brown Jr re letter sent to atty Kenneth Falk. (lns) (Entered: 03/13/2007)	March 7, 2007	March 7, 2007 PACER
14	NOTICE of Appearance by G Jayson Marksberry on behalf of Grant County Sheriff, Grant County Commissioners (Marksberry, G) (Entered: 03/08/2007)	March 8, 2007	March 8, 2007 PACER
16	ANSWER to Complaint (and Affirmative Defenses) by Grant County Sheriff, Grant County Commissioners.(Morow, Michael) (Entered: 03/14/2007)	March 14, 2007	March 14, 2007 PACER
17	MOTION to Dismiss Supplemental State Law Claims by Defendants Grant County Sheriff, Grant County Commissioners.Response to be filed by 3/29/2007 (Morow, Michael) (Entered: 03/14/2007)	March 14, 2007	March 14, 2007 PACER
18	MEMORANDUM in Support of 17 MOTION to Dismiss Supplemental State Law Claims filed by Grant County Sheriff, Grant County Commissioners. (Morow, Michael) (Entered: 03/14/2007)	March 14, 2007	March 14, 2007 PACER
19	MEMORANDUM in Opposition to 3 MOTION to Certify Class filed by Grant County Sheriff, Grant County Commissioners. (Morow, Michael) (Entered: 03/14/2007)	March 14, 2007	March 14, 2007 PACER
20	NOTICE by Richarh Tyson of Service of Initial Disclosures (Falk, Kenneth) (Entered: 03/21/2007)	March 21, 2007	March 21, 2007 PACER
21	RESPONSE in Support re 3 MOTION to Certify Class filed by Richarh Tyson. (Falk, Kenneth) (Entered: 03/27/2007)	March 27, 2007	March 27, 2007 PACER
23	Petition for Temporary Injunction by Movant Lloyd Brown Jr. (lns) (Entered: 03/28/2007)	March 27, 2007	March 27, 2007 PACER
22	RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 3/28/2007 before Judge Roger B Cosbey. Pla appeared by atty K. Falk. Dft appeared by atty M. Morow. The Report of Parties Planning Meeting 13 is approved in all respects (except for the deadline for dispositive motions and the establishment of a trial date) and is hereby made an order of the Court. Following the close of discovery, and unless otherwise ordered by the Court, the assigned District Judge will establish all further deadlines and dates. Discovery deadline is 2/7/2008. (Tape #106) (wsy) (Entered: 03/28/2007)	March 28, 2007	March 28, 2007 PACER
24	ORDER DENYING 23 Motion for Temporary Injunction by Movant Lloyd Brown Jr. Signed by Judge Rudy Lozano on 3/28/2007. (lns) (Entered: 03/29/2007)	March 28, 2007	March 28, 2007 Clearinghouse
25	MEMORANDUM in Opposition to 17 MOTION to Dismiss Supplemental State Law Claims filed by Richarh Tyson. (Falk, Kenneth) (Entered: 04/02/2007)	April 2, 2007	April 2, 2007 PACER
26	REPLY to Response to Motion re 17 MOTION to Dismiss Supplemental State Law Claims filed by Grant County Sheriff, Grant County Commissioners. (Morow, Michael) (Entered: 04/09/2007)	April 9, 2007	April 9, 2007 PACER
27	OPINION AND ORDER GRANTING 3 Motion to Certify Class by Pltf Richarh Tyson. A class consisting of "any and all persons currently confined, or who will in the future be confined, in the Grant County Jail," is CERTIFIED; GRANTING 17 Motion to Dismiss Supplemental State Law Claims by Defendants Grant County Sheriff, Grant County Commissioners. Clerk ORDERED to DISMISS WITH PREJUDICE Pltf's state law claims. Pltf's Constitutional claims REMAIN PENDING. Signed by Judge Rudy Lozano on 5/9/2007. (lns) (Entered: 05/10/2007)	May 9, 2007	May 9, 2007 Clearinghouse
28	Mail Returned from Movant Lloyd Brown Jr as Undeliverable - 27 Order on Motion to Certify Class, Order on Motion to Dismiss. Envelope marked "Return to Sender, no longer an inmate at the Grant County Jail." (lns) (Entered: 05/21/2007)	May 18, 2007	May 18, 2007 PACER
29	ORDER REASSIGNING CASE. Case reassigned to Judge Joseph S Van Bokkelen for all further proceedings. Judge Rudy Lozano no longer assigned to case. This order does not change the assignment of Magistrate Judge or any previously scheduled ddls, hrgs or trial dates. Signed by Judge Robert L Miller Jr on 7/27/2007. (lns) (Entered: 07/27/2007)	July 27, 2007	July 27, 2007 PACER
30	Mail Returned from Movant Lloyd Brown Jr as Undeliverable - 29 Order Reassigning Case. (lns) (Entered: 08/07/2007)	Aug. 6, 2007	Aug. 6, 2007 PACER
31	MOTION to Withdraw as Attorney by Defendants Grant County Sheriff, Grant County Commissioners. (Marksberry, G) (Entered: 08/24/2007)	Aug. 24, 2007	Aug. 24, 2007 PACER
32	ORDER GRANTING 31 Motion to Withdraw as Attorney by Defts Grant County Sheriff, Grant County Commissioners. Attorney G Jayson Marksberry terminated. Signed by Judge Roger B Cosbey on 8/24/2007. (lns) (Entered: 08/24/2007)	Aug. 24, 2007	Aug. 24, 2007 PACER
33	Mail Returned from Movant Lloyd Brown Jr as Undeliverable - 32 Order on Motion to Withdraw as Attorney. Envelope marked "Return to Sender, No Longer at Inmate at the Grant County Jail." (lns) (Entered: 09/07/2007)	Sept. 7, 2007	Sept. 7, 2007 PACER
34	MOTION Extend Discovery Deadline by Plaintiff Richarh Tyson. (Falk, Kenneth) (Entered: 10/29/2007)	Oct. 29, 2007	Oct. 29, 2007 PACER
35	ORDER GRANTING 34 Motion to Extend Discovery Deadline by Plaintiff Richarh Tyson. Discovery deadline is 5/8/2008. Signed by Judge Roger B Cosbey on 10/29/2007. (lns) (Entered: 10/29/2007)	Oct. 29, 2007	Oct. 29, 2007 PACER
36	MOTION 3/7/08 (extend deadline to name experts and file reports) by Defendants Grant County Sheriff, Grant County Commissioners. (Morow, Michael) (Entered: 01/04/2008)	Jan. 4, 2008	Jan. 4, 2008 PACER
37	ORDER GRANTING 36 Motion to Extend Deadline to File Expert Reports to/incl 3/7/08 by Defts Grant County Sheriff, Grant County Commissioners. Signed by Judge Roger B Cosbey on 1/7/2008. (lns) (Entered: 01/07/2008)	Jan. 7, 2008	Jan. 7, 2008 PACER
38	STIPULATION of Parties to Enter into Private Settlement Agreement After Plaintiffs' Counsel Gives Notice to the Class / Motion to Approve Form and Manner of Notice by Plaintiff Richarh Tyson. (Attachments: # 1 Proposed class notice)(Falk, Kenneth) (Entered: 03/20/2008)	March 20, 2008	March 20, 2008 PACER
39	ORDER approving 38 Stipulation of Parties to Enter into Private Settlement Agreement After Plaintiffs' Counsel Gives Notice to the Class / Motion to Approve Form and Manner of Notice by Plaintiff Richarh Tyson. The form of notice attached to the Private Settlement Agreement is APPROVED. Notice shall be given to class members as outlined in this Order; Pltfs' cnsl shall file report w/Court w/in time period specified. Signed by Magistrate Judge Roger B Cosbey on 3/25/2008. (lns) (Entered: 03/25/2008)	March 25, 2008	March 25, 2008 PACER
40	REPORT by Richarh Tyson of Class Counsel Following Notice to the Class. (Attachments: # 1 Comment-R. Tyson)(Falk, Kenneth) (Entered: 05/27/2008)	May 27, 2008	May 27, 2008 PACER
41	MOTION Set Case for Fairness Hearing by Plaintiff Richarh Tyson. (Falk, Kenneth) (Entered: 05/27/2008)	May 27, 2008	May 27, 2008 PACER
42	REPORT by Richarh Tyson of Class Counsel Following Notice to the Class (Supplemental). (Attachments: # 1 Class member comment)(Falk, Kenneth) (Entered: 07/01/2008)	July 1, 2008	July 1, 2008 PACER
43	NOTICE of Hearing: regarding 41 MOTION Set Case for Fairness Hearing :( Motion Hearing set for 7/30/2008 02:00 PM (CST)in Hammond before Judge Joseph S Van Bokkelen.) (imr) (Entered: 07/28/2008)	July 28, 2008	July 28, 2008 PACER
44	Fairness Hrg Regarding Proposed Order of Settlement held on 7/30/2008 before Judge Joseph S Van Bokkelen. Pla appeared by atty Kenneth J Falk. Dft appeared by atty Michael R Morow. Plf summarizes proposed conditions of settlement. Deft is in agreement with proposal. Parties ask that this case not be dismissed until 12/31/12. Court taking proposed join settlement agreement under advisement. (Court Reporter Julie Churchill-Mickley.) (imr) Modified on 7/30/2008 (imr). (Entered: 07/30/2008)	July 30, 2008	July 30, 2008 PACER
45	ORDER APPROVING settlement of this case. Pursuant to Private Settlment Agreement, case is now listed as inactive on Court's docket and absent an Order from this Court or a subsequent written agreement by partes, this case will be dismissed on 12/31/12 w/o further ntc. Signed by Judge Joseph S Van Bokkelen on 7/30/2008. (lns) (Entered: 07/31/2008)	July 30, 2008	July 30, 2008 PACER
46	Mail Returned from Lloyd Brown as Undeliverable - 45 Order. Envelope marked "Return to Sender, No Longer an Inmate at the Grant County Jail." (lns) (Entered: 08/12/2008)	Aug. 11, 2008	Aug. 11, 2008 PACER
47	NOTICE by Richarh Tyson to the Court Concerning Joint Status Report (Falk, Kenneth) (Entered: 01/26/2009)	Jan. 26, 2009	Jan. 26, 2009 PACER
48	STATUS REPORT (Joint) by Richarh Tyson. (Falk, Kenneth) (Entered: 02/26/2009)	Feb. 26, 2009	Feb. 26, 2009 PACER
49	NOTICE by Richarh Tyson Concerning Joint Status Report Currently Due on July 30, 2009 (Falk, Kenneth) (Entered: 07/28/2009)	July 28, 2009	July 28, 2009 PACER
50	STATUS REPORT (JOINT) by Richarh Tyson. (Falk, Kenneth) (Entered: 08/31/2009)	Aug. 31, 2009	Aug. 31, 2009 PACER
51	NOTICE by Richarh Tyson Concerning Joint Status Report Currently Due on February 1, 2010 (Falk, Kenneth) (Entered: 01/29/2010)	Jan. 29, 2010	Jan. 29, 2010 PACER
52	STATUS REPORT (JOINT) by Richarh Tyson. (Falk, Kenneth) (Entered: 02/18/2010)	Feb. 18, 2010	Feb. 18, 2010 PACER
53	NOTICE by Richarh Tyson Filing of Joint Status Report (Falk, Kenneth) (Entered: 07/27/2010)	July 27, 2010	July 27, 2010 PACER
54	STATUS REPORT (JOINT) by Richarh Tyson. (Falk, Kenneth) (Entered: 01/28/2011)	Jan. 28, 2011	Jan. 28, 2011 PACER
55	STATUS REPORT (JOINT) by Richarh Tyson. (Falk, Kenneth) (Entered: 08/05/2011)	Aug. 5, 2011	Aug. 5, 2011 PACER
56	STATUS REPORT (JOINT) by Richarh Tyson. (Falk, Kenneth) (Entered: 01/25/2012)	Jan. 25, 2012	Jan. 25, 2012 PACER
57	STATUS REPORT (JOINT) by Grant County Commissioners, Grant County Sheriff, Richarh Tyson. (Falk, Kenneth) (Entered: 07/30/2012)	July 30, 2012	July 30, 2012 PACER
58	ORDER DISMISSING Case with prejudice, consistent with 38 Stipulation. Signed by Judge Joseph S Van Bokkelen on 1/4/2013. (lns) (Entered: 01/07/2013)	Jan. 4, 2013	Jan. 4, 2013 Clearinghouse
59	Mail Returned from Lloyd Brown as Undeliverable - 58 Order. Envelope marked "No Longer Here; Return to Sender." (lns) (Entered: 01/15/2013)	Jan. 11, 2013	Jan. 11, 2013 PACER
60	MOTION to Intervene filed by Movant Clyde E Williams, Jr. (sct) (Entered: 11/28/2017)	Nov. 27, 2017	Nov. 27, 2017 PACER
61	ORDER denying 60 Motion to Intervene. The Clerk of the Court is DIRECTED to mail a copy of the Stipulation of Parties to Enter into Private Settlement Agreement DE 38 and the Courts order approving the agreement DE 45 to Mr. Williams together with this order. Signed by Judge Joseph S Van Bokkelen on 11/28/17. (Copy mailed as directed in Order). (nal) (Entered: 11/28/2017)	Nov. 28, 2017	Nov. 28, 2017 PACER

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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: Jan. 19, 2007

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

On January 19, 2007, a detainee of the Grant County Jail brought an action for injunctive relief, which challenged conditions in existence at the Jail as allegedly unconstitutional under both the US Constitution and Indiana Law.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Grant County Sheriff (Grant), County

Grant County Commissioners (Grant), County

Defendant Type(s):