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)

Documents in the Clearinghouse

Documents in this case

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. 23, 2026, 4:28 a.m.

Docket for: Wilson v. Allen County
ECF Number Date Description Link
104 Sept. 18, 2018

Settlement

1 Exhibit Affidavit

View on PACER

RECAP
105 Sept. 20, 2018

Notice - Other

RECAP
106 Sept. 20, 2018

Letter

RECAP
107 Sept. 20, 2018

Withdraw as Attorney

RECAP
110 Oct. 1, 2018

Continue

RECAP
112 Oct. 2, 2018

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

RECAP
113 Oct. 25, 2018

Notice of Appearance

RECAP
114 Oct. 29, 2018

Report

1 Exhibit

View on PACER

RECAP
116 Nov. 20, 2018

Miscellaneous Relief

RECAP
117 Nov. 26, 2018

Certificate of Service

RECAP
Dec. 10, 2018

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

121 Dec. 13, 2018

Response to Motion

RECAP
122 Dec. 20, 2018

Reply to Response to Motion

RECAP
125 May 1, 2019

Order Reassigning Case

RECAP
126 May 9, 2019

Miscellaneous Relief

RECAP
127 May 10, 2019

Miscellaneous Relief

RECAP
128 May 10, 2019

Order Reassigning Case

RECAP
129 May 14, 2019

Order Reassigning Case

RECAP
130 July 17, 2019

Order

RECAP
131 July 17, 2019

Withdraw as Attorney

1 Exhibit Proposed Order

View on PACER

RECAP
July 23, 2019

~Util - Terminate Motions

July 23, 2019

~Util - Add and Terminate Attorneys

July 23, 2019

Order

133 July 25, 2019

Order on Motion for Settlement

RECAP
134 Aug. 26, 2019

Extension of Time to File Document

RECAP
135 Aug. 26, 2019

Proposed Pretrial Order

RECAP
Sept. 5, 2019

~Util - Terminate Motions

Sept. 5, 2019

~Util - Set Deadlines

Sept. 5, 2019

Order

137 Sept. 9, 2019

Dismiss

RECAP
138 Sept. 9, 2019

Memorandum in Support

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

RECAP
139 Oct. 10, 2019

Order

RECAP
140 Feb. 5, 2020

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)

RECAP
March 4, 2020

~Util - Set Hearings

March 4, 2020

Order

142 March 30, 2020

Dismiss

RECAP
143 March 31, 2020

OPINION AND ORDER: The Court STRIKES the Stipulation to Dismiss 142 . The Court GRANTS the parties leave to file a motion to dismiss with or without prejudice as outlined in Order. The Court REAFFIRMS the telephonic status conference set for 4/9/2020, at 10:00 a.m. (central time) to be initiated by the Court, unless the parties file the necessary documentation for dismissal prior to that date. Signed by Chief Judge Theresa L Springmann on 3/31/2020. (lhc)

RECAP
144 April 1, 2020

Stipulation to Dismiss

RECAP
April 1, 2020

Dismissal Notice to Parties Pursuant to Rule 41a1

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

County

Allen County

Allen County Board of Commissioners

Allen County Council

Allen County Public Defender Board

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Other Dockets:

Northern District of Indiana 1:15-cv-00402

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

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

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