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 attorneys, see: https://www.courtlistener.com/docket/6187449/parties/wilson-v-allen-county/


Judge(s)
Attorney for Plaintiff

Frank, David W. (Indiana)

Myers, Christopher C. (Indiana)

Attorney for Defendant

Feighner, J Spencer (Indiana)

Fishering, G William (Indiana)

Maser, Laura L. (Indiana)

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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 Dec. 17, 2024, 3:07 p.m.

ECF Number Description Date Link Date / Link
1

Complaint

Dec. 31, 2015

Dec. 31, 2015

PACER
2

Proceed In Forma Pauperis

Dec. 31, 2015

Dec. 31, 2015

PACER

Add and Terminate Judges

Jan. 4, 2016

Jan. 4, 2016

PACER
3

Order on Motion for Leave to Proceed In Forma Pauperis

Jan. 6, 2016

Jan. 6, 2016

PACER
4

Summons Issued

Jan. 6, 2016

Jan. 6, 2016

PACER
5

Summons Returned Executed

Feb. 3, 2016

Feb. 3, 2016

PACER
6

Summons Returned Executed

Feb. 3, 2016

Feb. 3, 2016

PACER
7

Summons Returned Executed

Feb. 3, 2016

Feb. 3, 2016

PACER
8

Summons Returned Executed

Feb. 3, 2016

Feb. 3, 2016

PACER
9

Amend/Correct

Feb. 3, 2016

Feb. 3, 2016

PACER
10

Notice of Appearance

Feb. 9, 2016

Feb. 9, 2016

PACER
11

Notice of Appearance

Feb. 9, 2016

Feb. 9, 2016

PACER
12

Notice of Appearance

Feb. 9, 2016

Feb. 9, 2016

PACER
13

Notice of Appearance

Feb. 9, 2016

Feb. 9, 2016

PACER
14

Notice of Hearing/Deadlines

Feb. 10, 2016

Feb. 10, 2016

PACER
15

Mag Consent Forms Sent - Standard with pptc - form will be generated

Feb. 10, 2016

Feb. 10, 2016

PACER
16

Extension of Time to File Answer

Feb. 10, 2016

Feb. 10, 2016

PACER

Order on Motion for Extension of Time to Answer

Feb. 10, 2016

Feb. 10, 2016

PACER
18

Order on Motion to Amend/Correct

Feb. 23, 2016

Feb. 23, 2016

PACER
19

Amended Complaint

Feb. 23, 2016

Feb. 23, 2016

PACER
20

Report of Rule 26f Planning Meeting

March 10, 2016

March 10, 2016

PACER

Pretrial Conference - Preliminary - customized ddls & hrgs

March 14, 2016

March 14, 2016

PACER
22

Answer to Amended Complaint

March 28, 2016

March 28, 2016

PACER
23

Answer to Amended Complaint

March 28, 2016

March 28, 2016

PACER
24

Answer to Amended Complaint

March 28, 2016

March 28, 2016

PACER
25

Amend/Correct

April 27, 2016

April 27, 2016

PACER
26

~Util - Terminate Motions AND Order

May 17, 2016

May 17, 2016

PACER
27

Amended Complaint

May 17, 2016

May 17, 2016

PACER
28

Answer to Amended Complaint

May 19, 2016

May 19, 2016

PACER
29

Answer to Complaint

May 20, 2016

May 20, 2016

PACER
30

Notice of Appearance

May 20, 2016

May 20, 2016

PACER
31

Answer to Amended Complaint

May 31, 2016

May 31, 2016

PACER
32

Answer to Amended Complaint

June 8, 2016

June 8, 2016

PACER
33

Certify Class

June 9, 2016

June 9, 2016

PACER
34

Extension of Time to File Response/Reply

June 23, 2016

June 23, 2016

PACER
35

Response to Motion

July 6, 2016

July 6, 2016

PACER
36

Reply to Response to Motion

July 20, 2016

July 20, 2016

PACER
37

Objection

July 20, 2016

July 20, 2016

PACER
38

Response/Reply

July 22, 2016

July 22, 2016

PACER

Notice of Hearing on Motion

July 29, 2016

July 29, 2016

PACER

~Util - Set Deadlines AND Motion Hearing

Aug. 4, 2016

Aug. 4, 2016

PACER
41

Amend/Correct

Aug. 11, 2016

Aug. 11, 2016

PACER
42

Amend/Correct

Aug. 11, 2016

Aug. 11, 2016

PACER
43

Response to Motion

Aug. 19, 2016

Aug. 19, 2016

PACER
44

Order on Motion to Amend/Correct

Aug. 22, 2016

Aug. 22, 2016

PACER
45

Amended Complaint

Aug. 22, 2016

Aug. 22, 2016

PACER
46

Answer to Amended Complaint

Aug. 24, 2016

Aug. 24, 2016

PACER
47

Order on Motion to Amend/Correct

Aug. 30, 2016

Aug. 30, 2016

PACER
48

Certify Class

Aug. 30, 2016

Aug. 30, 2016

PACER
49

Answer to Amended Complaint

Aug. 31, 2016

Aug. 31, 2016

PACER
50

Answer to Amended Complaint

Sept. 13, 2016

Sept. 13, 2016

PACER
51

Extension of Time to File Response/Reply

Sept. 19, 2016

Sept. 19, 2016

PACER

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

Sept. 20, 2016

Sept. 20, 2016

PACER
53

Extension of Time to File Response/Reply AND Extension of Time to Complete Discovery

Oct. 20, 2016

Oct. 20, 2016

PACER

Notice of Hearing on Motion

Oct. 20, 2016

Oct. 20, 2016

PACER

Motion Hearing

Oct. 28, 2016

Oct. 28, 2016

PACER
56

Letter

Nov. 1, 2016

Nov. 1, 2016

PACER
57

Objection

Feb. 6, 2017

Feb. 6, 2017

PACER
58

Reply to Response to Motion

Feb. 10, 2017

Feb. 10, 2017

PACER
59

Report of Mediation

Feb. 15, 2017

Feb. 15, 2017

PACER
60

Extension of Time to Complete Discovery

Feb. 20, 2017

Feb. 20, 2017

PACER
61

Objection

Feb. 24, 2017

Feb. 24, 2017

PACER

Notice of Hearing on Motion

March 1, 2017

March 1, 2017

PACER
63

Reply to Response to Motion

March 3, 2017

March 3, 2017

PACER

~Util - Set Deadlines AND Motion Hearing

March 6, 2017

March 6, 2017

PACER
65

Supplement

April 19, 2017

April 19, 2017

PACER
66

~Util - Set Deadlines AND Order Reassigning Case

May 1, 2017

May 1, 2017

PACER
67

Extension of Time to Complete Discovery

May 12, 2017

May 12, 2017

PACER

Order on Motion for Extension of Time to Complete Discovery

May 12, 2017

May 12, 2017

PACER

Order on Motion to Supplement

May 12, 2017

May 12, 2017

PACER
70

Leave to File Document

May 30, 2017

May 30, 2017

PACER

Order on Motion for Leave to File

May 31, 2017

May 31, 2017

PACER
72

Extension of Time to Complete Discovery

June 14, 2017

June 14, 2017

PACER

Notice of Hearing on Motion

June 14, 2017

June 14, 2017

PACER
74

Notice of Appearance

June 20, 2017

June 20, 2017

PACER

~Util - Set Deadlines/Hearings AND 1 - Terminate Deadlines AND ~Util - Terminate Motions AND Motion Hearing

June 20, 2017

June 20, 2017

PACER
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

Set/Reset Deadlines

Aug. 15, 2017

Aug. 15, 2017

PACER
77

Stipulation to Dismiss

Aug. 16, 2017

Aug. 16, 2017

PACER

Order on Stipulation to Dismiss

Aug. 29, 2017

Aug. 29, 2017

PACER
79

Extension of Time to Complete Discovery

Sept. 12, 2017

Sept. 12, 2017

PACER

Order

Sept. 12, 2017

Sept. 12, 2017

PACER
82

Dismiss

Sept. 15, 2017

Sept. 15, 2017

PACER
83

Memorandum in Support

Sept. 15, 2017

Sept. 15, 2017

PACER

Status Conference AND ~Util - Set Hearings AND ~Util - Terminate Motions

Sept. 15, 2017

Sept. 15, 2017

PACER
84

Response to Motion

Sept. 25, 2017

Sept. 25, 2017

PACER
85

Brief in Opposition

Sept. 25, 2017

Sept. 25, 2017

PACER
86

Withdraw as Attorney

Sept. 27, 2017

Sept. 27, 2017

PACER

Order AND ~Util - Add and Terminate Attorneys AND ~Util - Terminate Motions

Sept. 27, 2017

Sept. 27, 2017

PACER
88

Amend/Correct

Sept. 28, 2017

Sept. 28, 2017

PACER
89

Extension of Time to File Response/Reply

Sept. 29, 2017

Sept. 29, 2017

PACER

Notice of Hearing on Motion

Oct. 2, 2017

Oct. 2, 2017

PACER

Motion Hearing

Oct. 3, 2017

Oct. 3, 2017

PACER
92

Response to Motion

Oct. 12, 2017

Oct. 12, 2017

PACER
93

Reply to Response to Motion

Oct. 19, 2017

Oct. 19, 2017

PACER
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
95

Extension of Time to File Response/Reply

April 17, 2018

April 17, 2018

PACER

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

April 18, 2018

April 18, 2018

PACER
97

Extension of Time to File Response/Reply

May 14, 2018

May 14, 2018

PACER
99

Vacate

June 18, 2018

June 18, 2018

PACER

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

Available 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

General/Misc.:

Access to lawyers or judicial system

Funding

Quality of representation

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Reproductive rights:

Fetus Identity