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 Aug. 25, 2025, 12:16 a.m.

ECF Number Description Date Link Date / Link
104

Settlement

1 Exhibit Affidavit

View on PACER

Sept. 18, 2018

Sept. 18, 2018

PACER
105

Notice - Other

Sept. 20, 2018

Sept. 20, 2018

PACER
106

Letter

Sept. 20, 2018

Sept. 20, 2018

PACER
107

Withdraw as Attorney

Sept. 20, 2018

Sept. 20, 2018

PACER
110

Continue

Oct. 1, 2018

Oct. 1, 2018

PACER
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
113

Notice of Appearance

Oct. 25, 2018

Oct. 25, 2018

PACER
114

Report

1 Exhibit

View on PACER

Oct. 29, 2018

Oct. 29, 2018

PACER
116

Miscellaneous Relief

Nov. 20, 2018

Nov. 20, 2018

PACER
117

Certificate of Service

Nov. 26, 2018

Nov. 26, 2018

PACER

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
122

Reply to Response to Motion

Dec. 20, 2018

Dec. 20, 2018

PACER
125

Order Reassigning Case

May 1, 2019

May 1, 2019

PACER
126

Miscellaneous Relief

May 9, 2019

May 9, 2019

PACER
127

Miscellaneous Relief

May 10, 2019

May 10, 2019

PACER
128

Order Reassigning Case

May 10, 2019

May 10, 2019

PACER
129

Order Reassigning Case

May 14, 2019

May 14, 2019

PACER
130

Order

July 17, 2019

July 17, 2019

PACER
131

Withdraw as Attorney

1 Exhibit Proposed Order

View on PACER

July 17, 2019

July 17, 2019

PACER

~Util - Terminate Motions

July 23, 2019

July 23, 2019

PACER

~Util - Add and Terminate Attorneys

July 23, 2019

July 23, 2019

PACER

Order

July 23, 2019

July 23, 2019

PACER
133

Order on Motion for Settlement

July 25, 2019

July 25, 2019

PACER
134

Extension of Time to File Document

Aug. 26, 2019

Aug. 26, 2019

PACER
135

Proposed Pretrial Order

Aug. 26, 2019

Aug. 26, 2019

PACER

~Util - Terminate Motions

Sept. 5, 2019

Sept. 5, 2019

PACER

~Util - Set Deadlines

Sept. 5, 2019

Sept. 5, 2019

PACER

Order

Sept. 5, 2019

Sept. 5, 2019

PACER
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
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

~Util - Set Hearings

March 4, 2020

March 4, 2020

PACER

Order

March 4, 2020

March 4, 2020

PACER
142

Dismiss

March 30, 2020

March 30, 2020

PACER
143

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)

March 31, 2020

March 31, 2020

RECAP
144

Stipulation to Dismiss

April 1, 2020

April 1, 2020

PACER

Dismissal Notice to Parties Pursuant to Rule 41a1

April 1, 2020

April 1, 2020

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