Case: Wilson v. Allen County

1:15-cv-00402 | U.S. District Court for the Northern District of Indiana

Filed Date: Dec. 31, 2015

Closed Date: April 1, 2020

Clearinghouse coding complete

Case Summary

On December 31, 2015, three indigent individuals residing in Indiana filed this putative class-action lawsuit in the United States District Court for the Northern District of Indiana. Plaintiffs filed a third amended complaint on August 19, 2016. The plaintiffs sued the Allen County Council, Allen County Board of Commissioners, and Allen County Public Defender Board under 42 U.S.C. § 1983 to redress the alleged deprivation of their constitutional rights. Plaintiffs, represented by private couns…

On December 31, 2015, three indigent individuals residing in Indiana filed this putative class-action lawsuit in the United States District Court for the Northern District of Indiana. Plaintiffs filed a third amended complaint on August 19, 2016. The plaintiffs sued the Allen County Council, Allen County Board of Commissioners, and Allen County Public Defender Board under 42 U.S.C. § 1983 to redress the alleged deprivation of their constitutional rights. Plaintiffs, represented by private counsel, sought declaratory and injunctive relief to prevent the Defendants from violating their Sixth and Fourteenth Amendment rights under the United States Constitution, and their equivalent provisions under the Indiana state Constitution. Plaintiffs also sought an injunction to enjoin the Defendants from making expenditures of funds on indigent defense services likely to result in violations of constitutional rights. Lastly, plaintiffs sought costs and attorneys' fees. This case was initially assigned to Judge Philip P. Simon.

The plaintiffs proposed a class defined as, “all individuals who have or will have misdemeanor criminal cases pending in the courts of Allen County, Indiana, who have or will have an attorney assigned to them due to indigency and have not been convicted or entered into a plea agreement.”

Plaintiffs claimed that Defendants, for years, operated a constitutionally, structurally, and systemically deficient public defender system for indigent individuals charged with misdemeanor crimes. They alleged that these failures resulted in ineffective assistance of counsel and constructive denial of counsel for misdemeanants represented by the Allen County Public Defender Office. Defendants alleged that Plaintiffs knew about these deficiencies for at least 10 years. Plaintiffs also claimed that public defenders in Allen County had caseloads consisting of hundreds of additional misdemeanor cases; did not meaningfully conducted any legal research into Plaintiffs’ cases; did not meaningfully investigate Plaintiffs’ charges; did not file any substantive motions in the cases; did not hold a single confidential in-person meeting with Plaintiffs outside a courthouse; and devoted less than one year in whole to the defense of each of class Plaintiffs’ cases. The public defender system failed to provide clients with adequate advise, consultation, and communication with attorneys; the ability to make informed decisions about their legal rights; meaningful opportunity to present defenses against charges; proper attorney assistance prior to waiving of rights; and proper, prompt, and accurate information regarding plea alternatives, jail alternatives, and the consequences of plea agreements and criminal sentences.

Throughout 2016, the parties engaged in discovery and mediation talks. On February 15, 2017, a mediator reported that mediation talks had finished without resolution.

On May 1, 2017, the case was reassigned to Chief Judge Theresa L. Springmann. The parties continued litigation, particularly addressing discovery and class certification.

Judge Springmann denied the plaintiffs motion for class certification on August 14, 2017. She held that the defendants had raised an issue as to the plaintiffs' standing and the court's jurisdiction over the case. As such, she ruled that she could not decide class certification until issues of standing and jurisdiction had been addressed. The defendants then filed a motion to dismiss on September 17, 2017.

On June 20, 2018, Magistrate Judge Susan Collins stayed proceedings on the defendants' motion to dismiss, sighting settlement conversations. The parties had a status conference with Judge Collins in late August where they announced officially that they had reached settlement, but that one of the three plaintiffs may not agree to sign. The contents of the settlement were not available.

Defendants moved to enforce the settlement on September 18, 2018. Judge Springmann decided to keep this motion under advisement to give the hold-out plaintiff, now proceeding pro se, time to reply. The plaintiff filed a petition for relief on November 19, 2018. The court did not issue an official order regarding these two motions until July 25, 2019, when it denied defendants motion to enforce and granted in part and denied in part the plaintiffs petition for relief. The petition was granted only insofar as it requested the defendants' motion be denied. No other additional relief was granted.

Defendants proceeded to reinstate their motion to dismiss on September 9, 2019. On February 5, 2020, after the hold-out plaintiff failed to file a timely reply, the court granted the motion as it applied to claims that she had brought individually. The other plaintiffs stipulated to dismissal of the remaining claims on April 1, 2020, and the case was subsequently dismissed with prejudice the same day. This case is now closed.

Summary Authors

Nili Blanck (6/10/2018)

Alex Moody (4/19/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6187449/parties/wilson-v-allen-county/


Judge(s)

Springmann, Theresa Lazar (Indiana)

Attorneys(s) for Plaintiff

Frank, David W. (Indiana)

Myers, Christopher C. (Indiana)

Spurling-Newsome, Skyler B. (Indiana)

Attorneys(s) for Defendant

Feighner, J Spencer (Indiana)

Fishering, G William (Indiana)

Maser, Laura L. (Indiana)

Posey, James P (Indiana)

Judge(s)

Springmann, Theresa Lazar (Indiana)

Attorneys(s) for Plaintiff

Frank, David W. (Indiana)

Myers, Christopher C. (Indiana)

Spurling-Newsome, Skyler B. (Indiana)

Attorneys(s) for Defendant

Feighner, J Spencer (Indiana)

Fishering, G William (Indiana)

Maser, Laura L. (Indiana)

Posey, James P (Indiana)

Documents in the Clearinghouse

Document

1:15-cv-00402

Docket [PACER]

April 1, 2020

April 1, 2020

Docket
1

1:15-cv-00402

Complaint

Dec. 31, 2015

Dec. 31, 2015

Complaint
45

1:15-cv-00402

Third Amended Class Action Complaint

Aug. 19, 2016

Aug. 19, 2016

Complaint
76

1:15-cv-00402

Opinion and Order

Aug. 14, 2017

Aug. 14, 2017

Order/Opinion
133

1:15-cv-00402

Opinion and Order

Marshall v. Allen County

July 25, 2019

July 25, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6187449/wilson-v-allen-county/

Last updated Aug. 2, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with JURY DEMAND against All Defendants, filed by Calvin Wilson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Exhibit USM Form, # 10 Exhibit USM Form, # 11 Exhibit USM Form, # 12 Exhibit USM Form, # 13 Civil Cover Sheet)(Frank, David) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

76

OPINION AND ORDER: The Court DENIES, WITH LEAVE TO REFILE, the Plaintiff's First Amended Motion for Class Certification 48 . The Court GRANTS the Defendants until 9/15/2017, to file their Motion to Dismiss. Signed by Chief Judge Theresa L Springmann on 8/14/2017. (jss)

Aug. 14, 2017

Aug. 14, 2017

RECAP
94

OPINION AND ORDER GRANTING 88 First MOTION to Amend/Correct 85 Brief in Opposition filed by Calvin Wilson, Asia Marshall. Defendants have to and including 4/17/2018 to file a reply to the Motion to Dismiss (DE #82). Signed by Chief Judge Theresa L Springmann on 3/27/18. (ksp)

March 27, 2018

March 27, 2018

RECAP
2

MOTION for Leave to Proceed in forma pauperis accompanied by 4 copies of summons forms and 4 copies of USM−285 forms by Plaintiff Calvin Wilson. (Frank, David) (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

Chief Judge Philip P Simon and Magistrate Judge Susan L Collins added. NEW CASE, MOTION PENDING. (kjp) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

97

Extension of Time to File Response/Reply

May 14, 2018

May 14, 2018

PACER
99

Vacate

June 18, 2018

June 18, 2018

PACER
3

ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis; WAIVING the filing fee; and DIRECTING, pursuant to 28:1915(d), the USMS to effect service of process on the defendants. Signed by Chief Judge Philip P Simon on 1/6/2016. (lhc)(cc: USMS) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

4

Summons Issued as to Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e−mail. (lhc)(cc: USMS) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

104

Settlement

1 Exhibit Affidavit

View on PACER

Sept. 18, 2018

Sept. 18, 2018

PACER
5

SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County served on 1/15/2016, answer due 2/5/2016. (cer) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

105

Notice - Other

Sept. 20, 2018

Sept. 20, 2018

PACER
106

Letter

Sept. 20, 2018

Sept. 20, 2018

PACER
6

SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Council served on 1/15/2016, answer due 2/5/2016. (cer) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

107

Withdraw as Attorney

Sept. 20, 2018

Sept. 20, 2018

PACER
7

SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Public Defender Board served on 1/15/2016, answer due 2/5/2016. (cer) (Entered:

Feb. 3, 2016

Feb. 3, 2016

110

Continue

Oct. 1, 2018

Oct. 1, 2018

PACER
8

SUMMONS Returned Executed by USM obo Calvin Wilson. Allen County Board of Commissioners served on 1/15/2016, answer due 2/5/2016. (cer) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

112

Report

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

Oct. 2, 2018

Oct. 2, 2018

PACER
9

First MOTION to Amend/Correct 1 Complaint, by Plaintiff Calvin Wilson. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit IFP − Class Plaintiff Blume)(Frank, David) (Entered: 02/03/2016)

Feb. 3, 2016

Feb. 3, 2016

113

Notice of Appearance

Oct. 25, 2018

Oct. 25, 2018

PACER
10

NOTICE of Appearance by Laura L Maser on behalf of Allen County, Allen County Board of Commissioners (Maser, Laura) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

114

Report

1 Exhibit

View on PACER

Oct. 29, 2018

Oct. 29, 2018

PACER
11

NOTICE of Appearance by J Spencer Feighner on behalf of Allen County Public Defender Board (Feighner, J) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

116

Miscellaneous Relief

Nov. 20, 2018

Nov. 20, 2018

PACER
12

NOTICE of Appearance by John O Feighner on behalf of Allen County Public Defender Board (Feighner, John) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

13

NOTICE of Appearance by James P Posey on behalf of Allen County Council (Posey, James) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

117

Certificate of Service

Nov. 26, 2018

Nov. 26, 2018

PACER
14

NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 3/14/2016 10:30 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

Order on Motion for Extension of Time to File Response/Reply

Dec. 10, 2018

Dec. 10, 2018

PACER
121

Response to Motion

Dec. 13, 2018

Dec. 13, 2018

PACER
15

MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (mr) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

122

Reply to Response to Motion

Dec. 20, 2018

Dec. 20, 2018

PACER
16

Joint MOTION for Extension of Time to File Answer by Defendant Allen County Public Defender Board. (Feighner, J) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

17

ENTRY for Magistrate Judge Susan Collins: The unopposed 16 Agreed Motion for Extension of Time is granted. Dfts granted to and including 3/28/2016 to file their responses to Pla's 1 Complaint. So Ordered. (mr) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

125

Order Reassigning Case

May 1, 2019

May 1, 2019

PACER
126

Miscellaneous Relief

May 9, 2019

May 9, 2019

PACER
18

ORDER granting in part and denying in part 9 Motion to Amend: it is GRANTED in that the Clerk is DIRECTED to show Plaintiffs First Amended Complaint (DE 9−1) filed; Plaintiffs request to remove the jury demand is DENIED without prejudice. Signed by Magistrate Judge Susan L Collins on 2/23/16. (mc) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

19

FIRST AMENDED COMPLAINT against Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board, filed by Calvin Wilson.(mc) (Entered: 02/23/2016)

Feb. 23, 2016

Feb. 23, 2016

127

Miscellaneous Relief

May 10, 2019

May 10, 2019

PACER
20

REPORT of Rule 26(f) Planning Meeting. (Posey, James) (Entered: 03/10/2016)

March 10, 2016

March 10, 2016

128

Order Reassigning Case

May 10, 2019

May 10, 2019

PACER
129

Order Reassigning Case

May 14, 2019

May 14, 2019

PACER
21

TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 3/14/2016 before Magistrate Judge Susan L Collins. Pla appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey and Spencer Feighner. The 20 Report of the Parties Planning Meeting is approved in all respects (except dispositive motions deadline and establishment of a trial date) and is hereby made an ORDER of the Court. The Summary Judgment deadline in Fed.R.Civ.P. 56(b) SHALL NOT control. Any dispositive motion SHALL brief out in accordance with L.R. 56−1. DISCOVERY DEADLINE is 2/20/2017. Following the close of discovery, unless otherwise ordered by the Court, the assigned District Judge will establish all further deadlines and dates. Daniel Sigler appointed as Mediator. Atty Posey to notify Mediator by letter, copy to Attys Frank, Maser and Feighner. Results of the Mediation shall be filed with the Court no later than 10 days before the Final Pretrial Conference. Magistrate Consent forms due by 4/4/2016. (FTR 1st floor.) (mr) (Entered: 03/14/2016)

March 14, 2016

March 14, 2016

130

Order

July 17, 2019

July 17, 2019

PACER
22

ANSWER to 19 Amended Complaint by Allen County, Allen County Board of Commissioners.(Maser, Laura) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

131

Withdraw as Attorney

1 Exhibit Proposed Order

View on PACER

July 17, 2019

July 17, 2019

PACER
23

Defendant Allen County Council's ANSWER to 19 Amended Complaint by Allen County Council.(Posey, James) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

ANSWER to 19 Amended Complaint by Allen County Public Defender Board.(Feighner, J) (Entered: 03/28/2016) Case: 1:15-cv-402 As of: 05/19/2020 06:47 PM EDT 5 of 13

~Util - Terminate Motions

July 23, 2019

July 23, 2019

PACER

~Util - Add and Terminate Attorneys

July 23, 2019

July 23, 2019

PACER
25

Second MOTION to Amend/Correct 1 Complaint, by Plaintiffs David Blume, Calvin Wilson. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Frank, David) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

Order

July 23, 2019

July 23, 2019

PACER
26

ORDER GRANTING 25 MOTION (Second) to Amend 1 Complaint by Plaintiffs David Blume, Calvin Wilson. Clerk DIRECTED to show Plaintiffs' Second Amended Complaint (DE [25−1) filed. Signed by Magistrate Judge Susan L Collins on 5/17/16. (cer) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

133

Order on Motion for Settlement

July 25, 2019

July 25, 2019

PACER
27

CLASS ACTION SECOND AMENDED COMPLAINT against Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board filed by Calvin Wilson, David Blume.(cer) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

134

Extension of Time to File Document

Aug. 26, 2019

Aug. 26, 2019

PACER
28

*REFILED at 29 * Defendant Allen County Council's ANSWER to 27 Amended Complaint by Allen County Council.(Posey, James) Modified on 5/20/2016 show refiling due to missing page 25 on this entry (lhc). (Entered: 05/19/2016)

May 19, 2016

May 19, 2016

135

Proposed Pretrial Order

Aug. 26, 2019

Aug. 26, 2019

PACER
29

Defendant Allen County Council's ANSWER to 27 Amended Complaint, by Allen County Council.(Posey, James) Modified on 5/20/2016 to reflect correct doc link (lhc). (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

~Util - Terminate Motions

Sept. 5, 2019

Sept. 5, 2019

PACER
30

NOTICE of Appearance by Skyler B Spurling−Newsome on behalf of All Plaintiffs (Spurling−Newsome, Skyler) (Entered: 05/20/2016)

May 20, 2016

May 20, 2016

31

ANSWER to 27 Amended Complaint (Second) by Allen County, Allen County Board of Commissioners.(Maser, Laura) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

~Util - Set Deadlines

Sept. 5, 2019

Sept. 5, 2019

PACER

Order

Sept. 5, 2019

Sept. 5, 2019

PACER
32

ANSWER to 27 Amended Complaint (Second) by Allen County Public Defender Board.(Feighner, J) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

33

MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. (Frank, David) (Entered: 06/09/2016)

June 9, 2016

June 9, 2016

137

Dismiss

Sept. 9, 2019

Sept. 9, 2019

PACER
138

Memorandum in Support

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

Sept. 9, 2019

Sept. 9, 2019

PACER
34

Joint MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class and BRIEF IN SUPPORT by Defendant Allen County Public Defender Board. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Feighner, J) (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

35

RESPONSE to Motion re 34 Joint MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class and BRIEF IN SUPPORT and Brief in Support filed by David Blume, Calvin Wilson. (Attachments: # 1 Exhibit A to C)(Frank, David) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

139

Order

Oct. 10, 2019

Oct. 10, 2019

PACER
140

OPINION AND ORDER GRANTING in part and DENYING in part 137 MOTION to Dismiss Third Amended Complaint filed by Allen County Public Defender Board, Allen County Board of Commissioners, Allen County Council and ORDERING that the claims brought by Plaintiff Asia Marshall individually are hereby DISMISSED without prejudice. The case remains pending as to Plaintiff Calvin Wilson. Signed by Chief Judge Theresa L Springmann on 2/5/2020. (Copy mailed to pro se party)(bas)

Feb. 5, 2020

Feb. 5, 2020

RECAP
36

REPLY to Response to Motion re 34 Joint MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Certify Class and BRIEF IN SUPPORT filed by Allen County Public Defender Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Feighner, J) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

~Util - Set Hearings

March 4, 2020

March 4, 2020

PACER
37

OBJECTION by David Blume, Calvin Wilson to 36 Reply to Response to Motion, as Untimely Filed . (Frank, David) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

Order

March 4, 2020

March 4, 2020

PACER
38

RESPONSE TO PLAINTIFFS OBJECTION TO THE FILING OF DEFENDANTS REPLY by Allen County Public Defender Board to 37 Objection . (Feighner, J) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

39

NOTICE of Hearing: Telephonic hearing on 34 Joint Motion for Extension of Time to Respond to Pla's Motion for Class Certification set for 8/4/2016 at 9:30 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

142

Dismiss

March 30, 2020

March 30, 2020

PACER
40

TELEPHONIC HEARING re 34 Dfts' Joint Motion for Extension of Time to Respond to 33 Pla's Motion for Class Certification held on 8/4/2016 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey, John Feighner and Spencer Feighner. Arguments heard. For reasons stated on the record, Court grants motion for limited purpose of Dfts to conduct depositions of two selected class representatives. Dfts granted to and

Aug. 4, 2016

Aug. 4, 2016

41

Third MOTION to Amend/Correct 1 Complaint, by Plaintiffs David Blume, Calvin Wilson. (Attachments: # 1 Exhibit Third Amended Complaint)(Frank, David) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

42

First MOTION to Amend/Correct 33 MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. (Attachments: # 1 Exhibit First Amended Motion for Class Certification)(Frank, David) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

43

RESPONSE to Motion re 41 Third MOTION to Amend/Correct 1 Complaint, Joint Response of Defendants filed by Allen County Public Defender Board. (Feighner, John) (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

44

ORDER GRANTING 41 Third MOTION to Amend/Correct 1 Complaint, by Plaintiffs David Blume, Calvin Wilson. The Clerk is DIRECTED to show Plaintiffs' Third Amended Complaint (DE 41 −1) filed. Signed by Magistrate Judge Susan L Collins on 8/19/2016. (lhc) (Entered: 08/22/2016)

Aug. 19, 2016

Aug. 19, 2016

45

THIRD AMENDED COMPLAINT against Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board, filed by Asia Marshall, Calvin Wilson, David Blume.(lhc) (Entered: 08/22/2016)

Aug. 19, 2016

Aug. 19, 2016

46

Defendant Allen County Council's ANSWER to 45 Amended Complaint by Allen County Council.(Posey, James) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

47

ORDER GRANTING 42 First MOTION to Amend/Correct 33 MOTION to Certify Class and BRIEF IN SUPPORT by Plaintiffs David Blume, Calvin Wilson. Clerk is DIRECTED to show Plaintiffs' First Amended Motion for Class Certification (DE 42 −1) filed. Signed by Magistrate Judge Susan L Collins on 8/30/2016. (lhc) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

48

Plaintiffs' First Amended MOTION for Class Certification by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (lhc) (Entered: 08/30/2016)

Aug. 30, 2016

Aug. 30, 2016

49

ANSWER to 45 Amended Complaint by Allen County Board of Commissioners.(Maser, Laura) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

50

ANSWER to 45 Amended Complaint by Allen County Public Defender Board.(Feighner, J) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

51

Joint MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Certify Class by Defendant Allen County Board of Commissioners. (Maser, Laura) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

52

ENTRY for Magistrate Judge Susan Collins: 51 Dfts' Joint Motion for Extension of Time is granted. Dfts granted to and including 10/31/2016 to respond to 48 Plas' Motion for Class Certification. So Ordered.(mr) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

53

Joint MOTION for Extension of Time to Complete Discovery , MOTION for Extension of Time to File Response/Reply as to 52 Order on Motion for Extension of Time to File Response/Reply, 21 Rule 16 Preliminary Pretrial Conference,,,, by Plaintiffs David Blume, Asia Marshall, Calvin Wilson. (Frank, David) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

54

NOTICE of Hearing: Telephonic hearing re 53 Joint Motion to Extend Discovery Deadlines set for 10/28/2016 at 10:00 AM in US District Court − Fort Wayne before Magistrate Judge Susan L Collins. Court to initiate call.(mr) (Entered: 10/20/2016)

Oct. 20, 2016

Oct. 20, 2016

55

TELEPHONIC HEARING re 53 Joint Motion to Extend Discovery Deadlines held on 10/28/2016 before Magistrate Judge Susan L Collins. Plas appeared by atty David Frank. Dfts appeared by attys Laura Maser, James Posey, and John Feighner. Court grants motion. Plas' expert witness disclosures and reports to be delivered to the Dfts by 2/20/2017. Dfts expert witness disclosures and reports to be delivered to the Plas by 3/20/2017. Discovery deadline extended to and including 4/20/2017. Dfts to Respond to 48 Plas' First Amended Motion for Class Certification by 2/4/2017. (FTR 1st floor.) (mr) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

Letter from Daniel J. Sigler advising of mediation schedule. (lhc) (Entered: 11/01/2016) Case: 1:15-cv-402 As of: 05/19/2020 06:47 PM EDT 7 of 13

57

OBJECTION by Allen County, Allen County Board of Commissioners, Allen County Council, Allen County Public Defender Board to 48 MOTION to Certify Class . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Posey, James) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

58

REPLY to Response to Motion re 48 MOTION to Certify Class filed by David Blume, Asia Marshall, Calvin Wilson. (Frank, David) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

59

REPORT of Mediation by Dan L Sigler advising that resolution was not achieved.(lhc) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

Case Details

State / Territory: Indiana

Case Type(s):

Indigent Defense

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 31, 2015

Closing Date: April 1, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who have or will have misdemeanor criminal cases pending in the courts of Allen County, Indiana, who have or will have an attorney assigned to them due to indigency and have not been convicted or entered into a plea agreement.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Allen County Council (Allen County), County

Allen County (Allen County), County

Allen County Public Defender Board (Allen County), County

Allen County Board of Commissioners (Allen County), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system

Funding

Quality of representation

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload