Case: Huerta v. Ewing

2:16-cv-00397 | U.S. District Court for the Southern District of Indiana

Filed Date: Oct. 13, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 13, 2016, pretrial detainees in the Vigo County jail filed this class action lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiffs, represented by the ACLU of Indiana and private counsel, sued the sheriff and other officials of Vigo County under 42 U.S.C. §1983. They sought a declaratory judgment, preliminary and permanent injunction, and damages, claiming violations of the Fifth and Fourteenth Amendment Due Process clause and Fourteenth Amendment Eq…

On October 13, 2016, pretrial detainees in the Vigo County jail filed this class action lawsuit in the U.S. District Court for the Southern District of Indiana. The plaintiffs, represented by the ACLU of Indiana and private counsel, sued the sheriff and other officials of Vigo County under 42 U.S.C. §1983. They sought a declaratory judgment, preliminary and permanent injunction, and damages, claiming violations of the Fifth and Fourteenth Amendment Due Process clause and Fourteenth Amendment Equal Protection clause.

The plaintiffs alleged that overcrowding had created unconstitutional conditions within the jail. Specifically, they alleged that they had been forced to sleep on the unsanitary floor; transported to other jails, depriving them of the opportunity to see their visitors and attorneys; and been denied necessary medical treatment. For example, one of the named plaintiffs was badly injured because he was sleeping on the floor when another inmate fell from the upper bunk and crashed onto him. Another named plaintiff was forced to sleep on the floor for seven months.

According to the complaint, a similar class action had been brought in 2000 to address overcrowding (Costa v. Harris). Although that case resulted in a private settlement agreement, the defendants failed to make substantial progress in addressing the problems. After 11 years with little change in conditions, the original plaintiffs filed a complaint about breach of contract, to no avail.

The plaintiff filed an amended complaint on November 17, 2016, in which some plaintiffs were added, and a second amended complaint on November 22, 2016. There were no significant changes between the first and the second amended complaint.

On November 17, 2016, the plaintiffs sought class certification. On May 19, 2018, Judge Jane Magnus-Stinson granted the plaintiffs’ motion, defining the class as: “All individuals in the care and custody of Vigo County, Indiana, including the current and future inmates who are or will be incarcerated in the Vigo County Jail and all current and future individuals who were transported to other county jails as a result of the overcrowding in the Vigo County Jail.” 2017 WL 2198632.

On November 21, 2016, the plaintiffs moved for a preliminary injunction to enjoin the defendant from the unconstitutional practice of overcrowding the jail and to compel the defendant to implement a concrete plan for construction of a new jail.

On June 22, 2018, plaintiffs sought partial summary judgment for declaratory judgment and injunctive relief. On October 10, 2018, Judge Magnus-Stinson granted this motion and awarded injunctive relief. The injunction ordered the defendants to make a periodic report of the ongoing constitutional violations at the jail, to file a detailed report explaining how many staff-people they would add to improve the jail’s living environment, and to submit a concrete plan to construct and open a new jail. The court noted that the plaintiffs requested-- and the defendants did not respond to this request-- that the court retain jurisdiction over this matter even after the damages actions are resolved. This would end once a new facility is opened and there is agreement that constitutional requirements are satisfied. 2018 WL 4922038.

On December 19, 2018, the court ordered defendants to pay plaintiffs $75,000 for attorney's fees and costs.The defendants' first report filed on November 6, 2018, mentioned that the council voted to fund for hiring jail personnel and the commissioner selected the proposed site for a new jail. This report also mentioned that a plan to construct a new jail on the original proposed site failed because of the zoning restriction. The defendants' report filed on January 14, 2019, mentioned that the commissioner worked on deciding the alternative site for a new jail.

A settlement conference was held on February 25, 2019. Claims as to one individual plaintiff were resolved. All pending motions regarding this plaintiff were denied as moot and and all dates regarding this plaintiff were vacated. The same day, the parties filed a stipulation for the court to enter final judgment as to all claims for injunctive and declaratory relief pursuant to Federal Rules of Civil Procedure 54(b).

Three days later the judge issued an order that granted the plaintiff's request for injunctive relief and declared that the conditions at Vigo County Jail violated the Eighth and Fourteenth Amendments. The court ordered that the defendants appear before the court at least every three months to report on the action being taken to address the constitutional violations. Prior to each hearing before the court, the defendants must file a report with the court that states the number of staff necessary to comply with the injunctive relief granted and how and when the new staff will be added. Additionally, prior to each hearing before the court, the defendants are also required to submit a plan in writing to the court that details the progress and specifications for the new jail that will be opening. The court also ordered that defendants were required to provide detainees with at least three hours per week of recreation outside of their cells, and the defendants must provide sufficient staff to ensure that the health and safety of the detainees is safeguarded.

On March 12, 2019, the defendants filed a status report with the court. This report said that the defendants are considering three locations for a new Vigo County Jail, that defendants had interviewed six applicants but hiring new staff was delayed due to the resignation of 10 other correctional officers, that all detainees were getting at least one hour of recreation three times per week, and that the staff was doing wellness checks on detainees every hour, and for detaineeson suicide watch, the wellness checks were every 15 minutes. On April 12, the defendants filed another status report with the court which was very similar to the March status report.

The plaintiffs filed a motion for attorneys fees on April 8, 2019. The parties filed a stipulation regarding attorneys fees in May, and on May 30, 2019 the court issued an order consistent with the stipulation. The defendants were required to pay a total of $10,130.85 in attorneys fees and costs.

On April 15, 2019, the court issued an order that addressed the topics the defendants would include in their monthly status reports. The plaintiffs had filed a motion in March asking for additional information in the defendants' monthly reports, including the status of the property for the new Vigo County Jail, information on the frequency of recreation outside cell areas, incident reports involving detainee violence, the number of jail employees and any progress in hiring more staff, and the number of detainees in Vigo County Jail and their status (awaiting transfer, completing sentence at Vigo County Jail, or other).

In May of 2019, the defendants notified the court that they had found a location for the new Vigo County Jail and would be purchasing the property later that month.

In July 2019, the parties filed a joint stipulation to delay ruling on attorneys fees because the parties were negotiating. The court granted the request and deferred ruling on the matter. On August 8, 2019, the parties filed a joint stipulation for attorneys fees regarding the personal injuries of one of the plaintiffs. The court approved this stipulation the next day and ordered the defendants to pay $16,000 in attorneys fees on this claim.

Over the next seven months, the defendants filed monthly status reports with the court that were all similar in content to the first status report. In February of 2020, the Court issued an entry stating that the parties had reported a settlement of Plaintiffs’ individual personal injury claims, that counsel advised that there were unresolved issues with two Plaintiffs, and that “[i]f dismissal documents are not submitted by March 24, 2020, the Court will dismiss the personal injury claims with prejudice.” The parties did not file any dismissal documents, so on March 20, 2020, the court dismissed the plaintiff's personal injury claims, but the court dismissed the claims without prejudice to "re-open them for purposes of effectuating settlement only." The same day, the court entered final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. The court entered final judgment against the plaintiffs and for the defendants on the plaintiff's individual personal injury claims.

Since then, the defendants have continued to file monthly status reports with the court. The defendants continued to file monthly status reports regarding the conditions in the Vigo County Jail, and starting in April 2021, they also submitted separate monthly status reports regarding COVID-19 in the jail. The new jail has been occupied since November 2022. Defendants continue to interview to hire more staff, offer daily recreation, and maintain wellness checks and COVID-19 testing. 

While the new jail facility has been occupied since November 2022, the plaintiffs claim that unconstitutional conditions caused by crowding persist. At the request of Judge Magnus-Stinson, the defendants have continued to file monthly status reports and the parties discussed other strategies for reducing the jail population at a March 15, 2023 telephone conference. As of April 2023, the case is ongoing.

Summary Authors

Chiaki Nojiri (3/13/2019)

Sabrina Glavota (7/16/2020)

Kyle O'Hara (4/14/2023)

Kyle O'Hara (4/14/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6101055/parties/huerta-v-plasse/


Judge(s)

Dinsmore, Mark. J. (Indiana)

Magnus-Stinson, Jane Elizabeth (Indiana)

Attorney for Plaintiff

Falk, Kenneth J. (Indiana)

Lohmeier, Bradley C. (Indiana)

Attorney for Defendant

Friedrich, David P. (Indiana)

show all people

Documents in the Clearinghouse

Document

2:16-cv-00397

Docket [PACER]

July 1, 2020

July 1, 2020

Docket
1

2:16-cv-00397

Complaint for Declaratory and Injunctive Relief and Damages--Class Action and Individual Claims

Oct. 13, 2016

Oct. 13, 2016

Complaint
14

2:16-cv-00397

Amended Complaint for Declaratory and Injunctive Relief and Damages

Nov. 22, 2016

Nov. 22, 2016

Complaint
46

2:16-cv-00397

Order

May 19, 2017

May 19, 2017

Order/Opinion

2017 WL 2017

107

2:16-cv-00397

Order

Feb. 8, 2018

Feb. 8, 2018

Order/Opinion

2018 WL 2018

146

2:16-cv-00397

Order

Oct. 10, 2018

Oct. 10, 2018

Order/Opinion

2018 WL 2018

148

2:16-cv-00397

Defendants' Periodic Report Pursuant to Court's October 10, 2018 Order

Nov. 6, 2018

Nov. 6, 2018

Monitor/Expert/Receiver Report
162

2:16-cv-00397

Defendants Periodic Report Pursuant to Court's November 15, 2018 Order

Dec. 19, 2018

Dec. 19, 2018

Monitor/Expert/Receiver Report
165

2:16-cv-00397

Status Report

Jan. 14, 2019

Jan. 14, 2019

Monitor/Expert/Receiver Report
178

2:16-cv-00397

Final Judgment as to All Claims for Injunctive and Declaratory Relief Pursuant to Federal Rules of Civil Procedure 54(b)

Feb. 28, 2019

Feb. 28, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6101055/huerta-v-plasse/

Last updated March 24, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by JAUSTON HUERTA. Receipt No. 0756-4084838 in the amount of $400.00 for filing fee (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Proposed Summons)(Sutherlin, Michael) Modified on 10/13/2016 to include Receipt (DJH). (Entered: 10/13/2016)

1 Civil Cover Sheet

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2 Exhibit

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3 Proposed Summons

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Oct. 13, 2016

Oct. 13, 2016

Clearinghouse
2

NOTICE of Appearance by Michael K. Sutherlin on behalf of Plaintiff JAUSTON HUERTA. (Sutherlin, Michael) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
3

NOTICE of Appearance by Michael K. Sutherlin on behalf of Plaintiff JAUSTON HUERTA. (Sutherlin, Michael) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
4

Summons Issued as to BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JAUSTON HUERTA, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (RSF) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
5

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (RSF) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
6

NOTICE of Appearance by Bradley C. Lohmeier on behalf of Plaintiff JAUSTON HUERTA. (Lohmeier, Bradley) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
7

NOTICE of Appearance by Michael James Wright on behalf of Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Wright, Michael) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
8

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Sutherlin, Michael) (Entered: 11/17/2016)

Nov. 17, 2016

Nov. 17, 2016

PACER
9

MOTION for Leave to file re 8 of Amended Complaint by JAUSTON HUERTA (Attachments: # 1 Text of Proposed Order) (Sutherlin, Michael) Modified on 11/18/2016 (DW). (Entered: 11/17/2016)

1 Text of Proposed Order

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Nov. 17, 2016

Nov. 17, 2016

PACER
10

MOTION to Certify Class, filed by Plaintiff JAUSTON HUERTA. (Lohmeier, Bradley) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
11

BRIEF/MEMORANDUM in Support re 10 MOTION to Certify Class, filed by Plaintiff JAUSTON HUERTA. (Lohmeier, Bradley) (Entered: 11/21/2016)

Nov. 21, 2016

Nov. 21, 2016

PACER
12

MOTION for Preliminary Injunction, filed by Plaintiff JAUSTON HUERTA. (Attachments: # 1 Text of Proposed Order)(Lohmeier, Bradley) (Entered: 11/21/2016)

1 Text of Proposed Order

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Nov. 21, 2016

Nov. 21, 2016

PACER
13

ORDER granting 9 Motion for Leave to File Amended Complaint. Plaintiffs' Amended Complaint is deemed filed as of the date of this Order and pursuant to Rule 15 of the Federal Rules of Civil Procedure, the Defendants' responses must be made within the time remaining to respond to the original pleading or within 14 day after service of the amended complaint, whichever is later. Signed by Magistrate Judge Denise K. LaRue on 11/22/2016. (LBT) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
14

AMENDED COMPLAINT against BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL, filed by JAUSTON HUERTA, THOMAS BOLTON, JR, CURTIS GILLIE, CARL SHERB, DEREK HICKS, DURAND RANDLE. **DOCKETED PER NO. 13**(LBT) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

Clearinghouse
15

SCHEDULING ENTRY: Telephonic Status Conference set for 12/2/2016 at 9:00 AM (Eastern Time) before Magistrate Judge Denise K. LaRue. The purpose of the conference is to discuss Plaintiff's Motion for Preliminary Injunction (Dkt. 12 ) and to set a briefing schedule on said motion. Counsel will receive call-in information for the conference via separate email notification. Signed by Magistrate Judge Denise K. LaRue on 11/22/2016.(LBT) (Entered: 11/22/2016)

Nov. 22, 2016

Nov. 22, 2016

PACER
17

MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 12/2/2016 - Parties discussed case status and pending motions filed by Plaintiff. Defendants' Response to the Motion for Class Certification [Dkt. 10 ] and Motion for Preliminary Injunction [Dkt, 12 ] shall be filed on or before December 16, 2016. Any Reply shall be filed on or before December 23, 2016. The parties request a day and half evidentiary hearing in mid-January 2017. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
18

ENTRY SETTING HEARING - Evidentiary Hearing set for 1/17/2017 at 9:00 AM in room #131, United States Courthouse, 921 Ohio Street, Terre Haute, Indiana before Judge Jane Magnus-Stinson. Signed by Judge Jane Magnus-Stinson on 12/6/2016.(RSF) (Entered: 12/06/2016)

Dec. 6, 2016

Dec. 6, 2016

PACER
19

NOTICE of consent to class action certification, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL (Wright, Michael) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
20

RESPONSE in Opposition re 12 MOTION for Preliminary Injunction, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Wright, Michael) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
21

NOTICE of Appearance by David P. Friedrich on behalf of Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Friedrich, David) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

PACER
22

***PLEASE DISREGARD - WITHDRAWN AT 22 *** NOTICE of Parties' First Extension of Time, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Friedrich, David) Modified on 12/29/2016 (RSF). (Entered: 12/27/2016)

Dec. 27, 2016

Dec. 27, 2016

PACER
23

MOTION to Withdraw 22 NOTICE of Parties' First Extension of Time, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Attachments: # 1 Text of Proposed Order Proposed Order Withdrawing Filing at 22)(Friedrich, David) (Entered: 12/28/2016)

1 Text of Proposed Order Proposed Order Withdrawing Filing at 22

View on PACER

Dec. 28, 2016

Dec. 28, 2016

PACER
24

ORDER - granting 23 Motion to Withdraw 22 NOTICE of Parties' First Extension of Time. Signed by Magistrate Judge Denise K. LaRue on 12/29/2016. (RSF) (Entered: 12/29/2016)

Dec. 29, 2016

Dec. 29, 2016

PACER
25

SCHEDULING ORDER: Telephonic Status Conference set for 1/10/2017 at 12:00 PM (Eastern Time) before Magistrate Judge Denise K. LaRue. The purpose of the conference is to discuss readiness for upcoming preliminary injunction hearing. Counsel will receive call-in information for the conference via separate email notification. Signed by Magistrate Judge Denise K. LaRue on 1/6/2017.(REO) (Entered: 01/06/2017)

Jan. 6, 2017

Jan. 6, 2017

PACER
27

NOTICE of Appearance by Craig Morris McKee on behalf of Defendant GREG EWING. (McKee, Craig) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
28

MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 1/10/2017 - Parties discussed case status. Parties are directed to call-in for a status report (using the same call-in information used for this conference) on Wednesday, January 11, 2017, at 2:30 p.m., Eastern. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
29

MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 1/11/2017 - Parties discussed case status. Parties reported that Executive Session went well last night and Commissioners are agreeable to the most recent draft and stipulation prepared by Craig McKee. Attorney Sutherland has not had chance to review but it was reported that there were not any substantive changes. Attorney Sutherland will review tonight and report by 10 a.m. tomorrow on whether the January 17, 2017, Preliminary Injunction hearing can be vacated. Attorney Sutherland reported that the parties were far enough in substantial agreement on a draft stipulation that the Preliminary Injunction evidentiary could be vacated. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
30

ENTRY VACATING HEARING - Based on the telephonic status conference between the parties and the Magistrate Judge in which Plaintiffs' counsel advised that the Preliminary Injunction hearing is no longer necessary [dkt. 29 ], the Court VACATES the January 17, 2017 Preliminary Injunction Hearing. Signed by Judge Jane Magnus-Stinson on 1/12/2017.(MRI) Modified on 1/13/2017 (DW). (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
31

MOTION to Withdraw Attorney Appearance of Bradley C. Lohmeier, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Attachments: # 1 Text of Proposed Order)(Lohmeier, Bradley) (Entered: 01/18/2017)

1 Text of Proposed Order

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Jan. 18, 2017

Jan. 18, 2017

PACER
32

ORDER granting 31 Motion to Withdraw Attorney Appearance. Attorney Bradley C. Lohmeier withdrawn on behalf of the class and Jauston Huerta. Signed by Magistrate Judge Denise K. LaRue on 1/20/2017. (DW) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
33

MOTION for Status Conference, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Attachments: # 1 Text of Proposed Order)(Sutherlin, Michael) (Entered: 02/27/2017)

1 Text of Proposed Order

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Feb. 27, 2017

Feb. 27, 2017

PACER
34

ORDER granting 33 Motion for Status Conference. This matter is scheduled for a telephonic status conference on MONDAY, MARCH 27, 2017, AT 10:00 A.M., EASTERN. The purpose of this status conference is to discuss progress on the parties' stipulation. Counsel will receive call-in information for the conference via separate email notification. Signed by Magistrate Judge Denise K. LaRue on 3/17/2017.(DW) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
36

***PLEASE DISREGARD-WITHDRAWN at 46 *** STIPULATION, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Attachments: # 1 Notice to Class Members, # 2 Timeframe for Completion of Vigo County Security Complex, # 3 Text of Proposed Order)(Sutherlin, Michael) Modified on 3/28/2017 (DW). Modified on 5/19/2017 (MRI). (Entered: 03/27/2017)

1 Notice to Class Members

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2 Timeframe for Completion of Vigo County Security Complex

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3 Text of Proposed Order

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March 27, 2017

March 27, 2017

PACER
37

Joint MOTION to Approve Joint Stipulation and Class Certification, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Sutherlin, Michael) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
38

MINUTE ENTRY for proceedings held before Magistrate Judge Denise K. LaRue: Status Conference held on 3/27/2017 - Parties discussed case status. Plaintiffs reported the parties were able to resolve their differences and reach a joint stipulation: with proposed notice to class; proposed order, and proposed timeline. If approved by the Court, Plaintiff would then file a petition for attorneys' fees. The conference concluded without further order. Signed by Magistrate Judge Denise K. LaRue. (REO) (Entered: 04/07/2017)

April 7, 2017

April 7, 2017

PACER
39

ENTRY SETTING TELEPHONIC STATUS CONFERENCE - The above cause is set for a telephonic status conference on April 20, 2017 at 2:30 p.m. on the pending Joint Motion to Approve Joint Stipulation and Class Certification (filing no. 37 ). Counsel shall call 317-229-3670. Signed by Judge Jane Magnus-Stinson on 4/14/2017.(DW) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
40

MINUTE ENTRY for proceedings held before Judge Jane Magnus-Stinson. The Court held a telephonic status conference in this matter on April 20, 2017. Plaintiffs were present by counsel Michael Sutherlin. Defendant Greg Ewing was present by counsel Craig McKee and Michael Wright, and the remaining Defendants were present by counsel Michael Wright. The Court and counsel discussed the parties' Stipulation, [Filing No. 36], and Joint Motion to Approve Joint Stipulation and Class Certification, [Filing No. 37]. The Court took the Joint Motion to Approve Joint Stipulation and Class Certification UNDER ADVISEMENT, and the telephonic conference concluded. If the parties would like to submit any revisions to the motion, or further information relating to the motion, they must do so by May 15, 2017. A hearing on the Joint Motion to Approve Joint Stipulation and Class Certification is scheduled for May 17, 2017 at 1:30 p.m. in Room 307 of the Birch Bayh Federal Building and U.S. Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Signed by Judge Jane Magnus-Stinson. (MRI) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
41

MOTION for assistance to transport inmates, filed by Plaintiff JAUSTON HUERTA. (Attachments: # 1 Text of Proposed Order)(Sutherlin, Michael) (Entered: 05/08/2017)

1 Text of Proposed Order

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May 8, 2017

May 8, 2017

PACER
42

ORDER - Accordingly, Plaintiffs' Request for Assistance of the Court, [Filing No. 41 ], is DENIED (SEE ORDER FOR ADDTITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 5/9/2017. (DW) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
43

BRIEF/MEMORANDUM in Support re 37 Joint MOTION to Approve Joint Stipulation and Class Certification and Notice to the Class, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sutherlin, Michael) (Entered: 05/15/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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May 15, 2017

May 15, 2017

PACER
44

MOTION Proposed Joint Stipulation, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Sutherlin, Michael) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
45

NOTICE of Filing of Certification of Class Action by All Plaintiffs (Sutherlin, Michael) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
46

MINUTE ORDER for proceedings held before Judge Jane Magnus-Stinson: On May 17, 2017, the Court held a hearing on the parties' Joint Motion to Approve Joint Stipulation and Class Certification, [Filing No. 37 ]. Plaintiffs were present by counsel Michael Sutherlin. Defendant Sheriff Greg Ewing was present in person and by counsel Craig McKee, David Friedrich, and Michael Wright. The remaining Defendants were present by counsel David Friedrich and Michael Wright. The court reporter was Jean Knepley. The Court DENIES IN PART WITH EXPLANATION the Joint Motion to Approve Stipulation and Class Certification to the extent it requests approval of the Joint Stipulation. [Filing No. 37 ] The Court, therefore, ACCEPTS the Proposed Joint Stipulation, [Filing No. 44 ] The Court GRANTS IN PART the Joint Motion to Approve Joint Stipulation and Class Certification, [Filing No. 37 ], to the extent that it seeks class certification, and likewise GRANTS Plaintiffs' Motion for Class Certification, [Filing No. 10 ]. The joint stipulation filed on March 27, 2017 [Filing No. 36 ] is WITHDRAWN. Plaintiffs' Motion for Preliminary Injunction, [Filing No. 12 ], remains pending. (SEE ORDER FOR MORE DETAILS.) Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley.) (Attachments: # 1 Class Notice)(MRI) (Entered: 05/19/2017)

1 Class Notice

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May 19, 2017

May 19, 2017

Clearinghouse
47

MOTION for Preliminary Injunction Hearing, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Sutherlin, Michael) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
48

ORDER REASSIGNING CASE - Pursuant to 28 U.S.C. Section 137 and Local Rule 40-1(f), this matter has been reassigned to Magistrate Judge Mark J. Dinsmore. Judge Denise K. LaRue is no longer assigned to the case. Please include the new case number,2:16-cv-00397-JMS-MJD, on all future filings in this matter. Signed by Judge Jane Magnus-Stinson on 5/23/2017. (NLR) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
49

ORDER (Marginal Notation): Given the parties' Stipulation in which Defendants agree that "the Vigo County Jail does not meet constitutional standards for reasons of overcrowding, understaffing, and inadequate space" [dkt. 44 ], the Court wonders how the requested hearing would or should take 3 days. Plaintiffs are ordered to supplement their motion explaining the need for such a lengthy hearing. Signed by Judge Jane Magnus-Stinson on 5/23/2017.(DW) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
50

SCHEDULING ORDER: Telephonic Status Conference set for 6/1/2017 at 11:00 AM before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 5/24/2017.(RSF) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
52

NOTICE of Appearance by Eric A. Frey on behalf of Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Frey, Eric) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
53

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/1/2017. Parties discussed status & committed to reporting on status of efforts to reach agreement regarding Agreed Preliminary Injunction by June 9, 2017 as previously ordered. [Dkt. 46 at 6.] Parties instructed to meet-and-confer & report on total amount of time expected for any preliminary injunction hearing, including amount of time for argument at conclusion of any evidentiary submission. *See Order for Additional Requirements & Information.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
54

STATUS REPORT Joint Status Report by All Defendants. (Wright, Michael) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
55

Unopposed MOTION for Extension of Time to 06/23/2017, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (McKee, Craig) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
56

Submission of Proposed Order, re 55 Unopposed MOTION for Extension of Time to 06/23/2017, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (McKee, Craig) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
57

ORDER GRANTING PARTIES' REQUEST FOR EXTENSION OF TIME - The Parties filed a Request for Extension of Time 55, and the Court, being duly advised, now GRANTS the motion. Agreed Preliminary Injunction pleadings shall be due June 23, 2017. Signed by Judge Jane Magnus-Stinson on 6/19/2017. (RSF) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER
58

MOTION for Extension of Time to June 30, 2017, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Attachments: # 1 Text of Proposed Order)(Sutherlin, Michael) (Entered: 06/23/2017)

1 Text of Proposed Order

View on PACER

June 23, 2017

June 23, 2017

PACER
59

ORDER GRANTING PLAINTIFF'S REQUEST FOR EXTENSION OF TIME - The plaintiff filed a request for Extension of Time, and the Court, being duly advised, now GRANTS the motion. Agreed Preliminary Injunction pleadings shall be due on the 30th day of June, 2017. Signed by Judge Jane Magnus-Stinson on 6/26/2017. (RSF) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
60

MOTION for Pretrial Conference Status Conference, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Attachments: # 1 Text of Proposed Order Proposed Order)(McKee, Craig) (Entered: 06/30/2017)

1 Text of Proposed Order Proposed Order

View on PACER

June 30, 2017

June 30, 2017

PACER
61

ORDER granting 60 Motion for Pretrial Conference. The Court, being duly advised, hereby GRANTS Defendants' Motion and sets this matter for an in person pretrial conference on Wednesday, August 2, 2017 at 4:00 p.m. (Eastern) in Courtroom 131, United States Courthouse, 921 Ohio Street, Terre Haute, Indiana before Magistrate Judge Mark J. Dinsmore. The parties are ordered to provide the Court a Word version of the most current draft of an agreed preliminary injunction order by 10:00 a.m. (Eastern) on July 31, 2017 (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 7/5/2017.(DW) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
62

MOTION to Withdraw Attorney Appearance, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Attachments: # 1 Text of Proposed Order)(Frey, Eric) (Entered: 07/26/2017)

1 Text of Proposed Order

View on PACER

July 26, 2017

July 26, 2017

PACER
63

ORDER granting 62 Motion to Withdraw Attorney Appearance. Eric A. Frey's Appearance on behalf of the Plaintiffs is WITHDRAWN and TERMINATED. Signed by Magistrate Judge Mark J. Dinsmore on 7/27/2017. (DW) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
64

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Pretrial Conference held on 8/2/2017. Court & parties discussed status & Plaintiff's pending motion for preliminary injunction. Plaintiff to file amended motion for preliminary injunction by 8/16/2017. Parties to notify Court regarding agreement as to communication of notice to class by 8/18/2017. Initial Pretrial Conference set for 9/5/2017 at 1:30 PM (Eastern Time) in room #131, United States Courthouse, 921 Ohio Street, Terre Haute, Indiana before Magistrate Judge Mark J. Dinsmore. Parties to file proposed Case Management Plan no fewer than 7 days prior to pretrial conference. *See Order.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 08/09/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
65

***WITHDRAWN per 87 *** Amended MOTION to Amend/Correct, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Sutherlin, Michael) Modified on 12/18/2017 (GD). (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
66

MARGINAL ENTRY denying as moot 47 Motion for Preliminary Injunction - In light of Plaintiffs' Amended Motion for Preliminary Injunction, 65, the Court DENIES AS MOOT Plaintiffs' Renewed Motion for a Preliminary Injunction Hearing, 47 . The Court may reconsider if necessary. Signed by Judge Jane Magnus-Stinson on 8/18/2017. (JRB) (Main Document 66 replaced on 8/18/2017) (JRB). (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

RECAP
67

MARGINAL ENTRY denying as moot 12 Motion for Preliminary Injunction - Because Plaintiffs have filed an Amended Motion for Preliminary Injunction, 65, their Motion for Preliminary Injunction, 12, is DENIED AS MOOT AND WITHOUT PREJUDICE. Signed by Judge Jane Magnus-Stinson on 8/18/2017. (JRB) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

RECAP
68

NOTICE of Change of Attorney Information Relocation of Plaintiff Counsel's Office, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB (Sutherlin, Michael) Modified on 8/23/2017 (DW). (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
69

AMENDED SCHEDULING ORDER: The in person initial pretrial conference currently scheduled for September 5, 2017 at 1:30 p.m. (Eastern) is hereby CONVERTEDTelephonic Initial Pretrial Conference. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. All other requirements of the Court's order dated August 8, 2017 [Dkt. 64 ] remain in effect, and the parties are reminded to file a proposed Case Management Plan no fewer than seven days in advance of the initial pretrial conference. Signed by Magistrate Judge Mark J. Dinsmore on 8/24/2017.(RSF) (Entered: 08/25/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
70

NOTICE of parties agreement on notification of class members, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL (Wright, Michael) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
71

ORDER (Marginal Notation) - The court approves the parties agreement re 70 Notice of parties agreement on notification of class members. Signed by Judge Jane Magnus-Stinson on 8/29/2017.(DW) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
73

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 9/5/2017. Hearing on Plaintiffs' Amended Motion for Preliminary Injunction 65 shall be consolidated with trial on the merits. Plaintiffs' remaining claims triable to jury shall be prepared for resolution pursuant to Case Management Order entered contemporaneous with this order. Plaintiffs' brief in support of 65 Amended Motion for Preliminary Injunction due on or before 10/13/2017. Defendants' responsive brief due on or before 11/13/2017 & Plaintiffs' reply brief due on or before 11/8/2017. On or before 12/8/2017, parties' shall file list of witnesses to be called & list of exhibits to be offered at hearing on Plaintiffs' Amended Motion for Preliminary Injunction. Parties' pre-hearing briefs also due on or before 12/8/2017. In Person Pre-Hearing Conference set for 12/11/2017 at 4:00 PM (Eastern Time) in room #131, United States Courthouse, 921 Ohio Street, Terre Haute, Indiana before Magistrate Judge Mark J. Dinsmore. In advance of conference, parties should endeavor to stipulate in writing to any relevant facts to which there is no dispute. Court anticipates Plaintiffs' Amended Motion for Preliminary Injunction, and consolidated trial on the merits of all issues triable to the Court, will be ready for hearing on or after January 8, 2018. Telephonic Status Conference set for 9/18/2017 at 1:30 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Settlement Conference set for 2/26/2018 at 12:30 PM (Eastern Time) in room #131, United States Courthouse, 921 Ohio Street, Terre Haute, Indiana before Magistrate Judge Mark J. Dinsmore. *SEE ORDER FOR ADDITIONAL DEADLINES & INFORMATION.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 09/11/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
74

ORDER REGARDING PROTECTIVE ORDERS - In the event an agreed protective order is required in this matter, the parties shall file a motion seeking the entry of such an order, attaching thereto the proposed protective order. The parties shall either use the Court's Uniform Protective Order http://www.insd.uscourts.gov/court-info/local-rules-and-orders or explain in the motion why a different form of order is being proposed (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 9/8/2017.(DW) (Entered: 09/11/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
75

ORDER: CASE MANAGEMENT PLAN - Discovery due by 3/16/2018. Dispositive Motions due by 4/13/2018 (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 9/8/2017.(DW) (Entered: 09/11/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
77

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/18/2017. Parties discussed status & acknowledged agreement with schedule set forth by Court ( 73 & 75 .) Telephonic Status Conference set for 10/17/2017 at 12:30 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
78

NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Michael James Wright hereby notifies the Clerk of the court of changed contact information. (Wright, Michael) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
79

First MOTION for Extension of Time to November 6, 2017, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Attachments: # 1 Motion for Extension of Time)(Sutherlin, Michael) (Entered: 10/10/2017)

1 Motion for Extension of Time

View on PACER

Oct. 10, 2017

Oct. 10, 2017

PACER
80

ORDER granting in part and denying in part 79 Motion for Extension of Time - 73 is hereby amended as follows: Plaintiffs shall file a brief in support of their Amended Motion for Preliminary Injunction 65 on or before October 20, 2017. Defendants shall file a responsive brief on or before November 20, 2017, and Plaintiffs shall file any reply brief on or before December 8, 2017. All other requirements and deadlines set forth in 73 remain in effect and no further enlargements of the deadlines set forth in 73 will be granted to any party. SEE ORDER. Signed by Magistrate Judge Mark J. Dinsmore on 10/11/2017. (JRB) (Entered: 10/12/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
82

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/17/2017. Parties discussed preliminary injunction briefing schedule. In Person Prehearing Conference remains on calendar for 12/11/2017. Parties were reminded to timely file all submissions required in advance of conference. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
83

Letter from Joshua Goodpaster re: Class Action Lawsuit. (Attachments: # 1 Envelope) (MAC) (Entered: 11/30/2017)

1 Envelope

View on PACER

Nov. 29, 2017

Nov. 29, 2017

PACER
84

MOTION to Convert Status Conference to Telephone Conference, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Attachments: # 1 Text of Proposed Order)(McKee, Craig) (Entered: 12/07/2017)

1 Text of Proposed Order

View on PACER

Dec. 7, 2017

Dec. 7, 2017

PACER
85

ORDER granting 84 Defendants' Motion to Convert to Telephonic Conference: In Person Status Conference set for 12/11/2017 hereby CONVERTED to Telephonic Status Conference & Court changes time to 12:30 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 12/8/2017. (GD) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
87

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 12/11/2017. Plaintiffs' counsel orally moved to withdraw 65 Plaintiffs' Amended Motion for Preliminary Injunction; Plaintiffs' motion GRANTED; Clerk is directed to show 65 Plaintiffs' Amended Motion for Preliminary Injunction as WITHDRAWN. Approved Case Management Order 75 hereby amended: Parties' Initial Disclosures due 12/22/2017; Plaintiffs' Preliminary Witness & Exhibit Lists due 12/22/2017; Defendants' Preliminary Witness & Exhibit Lists due 12/29/2017. Telephonic Status Conference set for 1/2/2018 at 12:20 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 12/18/2017)

Dec. 18, 2017

Dec. 18, 2017

PACER
88

NOTICE of Service of Initial Disclosures, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Friedrich, David) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
89

Witness List Preliminary, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Friedrich, David) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
90

Exhibit List Preliminary, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Friedrich, David) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
92

AMENDED SCHEDULING ORDER: Telephonic Status Conference set for 1/2/2018 at 12:20 PM is hereby RESCHEDULED to 1/4/2018 at 9:30 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. Counsel will be provided with new teleconference call-in information. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 1/2/2018. (GD) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
94

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 1/4/2018. Parties discussed status of & future plans for discovery. Plaintiffs' initial disclosures and preliminary witness & exhibit lists due 1/12/2018. Telephonic Status Conference set for 2/1/2018 at 5:00 PM (Eastern Time) to discuss case status & parties' readiness for upcoming settlement conference. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 01/05/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
95

First MOTION for Appointment of Three Judge Panel, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Sutherlin, Michael) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
96

NOTICE of Service of Initial Disclosures,Witness and Exhibit Lists, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Sutherlin, Michael) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
97

***WITHDRAWN PER 102 ORDER*** First MOTION to Amend Complaint, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Attachments: # 1 Exhibit)(Sutherlin, Michael) Modified on 1/30/2018 (DW). (Entered: 01/16/2018)

1 Exhibit

View on PACER

Jan. 16, 2018

Jan. 16, 2018

PACER
98

SCHEDULING ORDER - Therefore, the Court orders Plaintiffs' counsel to file a proposed second amended complaint on or before January 25, 2018. Thereafter, any response to the Plaintiffs' Motion shall be due on or before January 29, 2018. Any reply in support of Plaintiffs' Motion shall be due on or before February 1, 2018 (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 1/19/2018.(DW) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
99

Second MOTION, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Attachments: # 1 Text of Proposed Order)(Sutherlin, Michael) (Entered: 01/25/2018)

1 Text of Proposed Order

View on PACER

Jan. 25, 2018

Jan. 25, 2018

PACER
100

PROPOSED ORDER re 95 First MOTION for Appointment of Three Judge Panel, filed by Plaintiffs THOMAS BOLTON, JR, CURTIS GILLIE, DEREK HICKS, JAUSTON HUERTA, DURAND RANDLE, CARL SHERB. (Sutherlin, Michael) Modified on 1/26/2018 (DW). (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
102

ORDER - This matter comes before the Court on Plaintiffs' Request to Withdraw Motion to Amend Complaint. [Dkt. 99 .] The Court, being duly advised, hereby GRANTS the motion. The Clerk is directed to reflect Plaintiffs' Motion to Add Lloyd Thomas a Named Plaintiff in the Vigo County Jail Class Action [Dkt. 97 ] as WITHDRAWN from the docket. Signed by Magistrate Judge Mark J. Dinsmore on 1/29/2018. (DW) (Entered: 01/30/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
104

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/1/2018. Parties discussed status of discovery & readiness for upcoming settlement conference. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 02/02/2018)

Feb. 1, 2018

Feb. 1, 2018

PACER
103

MOTION to Take Deposition from Jauston Huerta, filed by Defendants BRAD ANDERSON, JUDY ANDERSON, MARK D. BIRD, RICK BURGER, TIMOTHY CURLEY, GREG EWING, JON MARVEL, KATHY MILLER, MIKE MORRIS, ED PING, BILL THOMAS, VIGO COUNTY COMMISSIONERS, VIGO COUNTY COUNCIL. (Attachments: # 1 Text of Proposed Order to take deposition)(Friedrich, David) (Entered: 02/02/2018)

1 Text of Proposed Order to take deposition

View on PACER

Feb. 2, 2018

Feb. 2, 2018

PACER
105

ORDER - This matter comes before the Court on Defendants' motion for leave to take the deposition of Jauston Huerta, pursuant to Federal Rule of Civil Procedure 30(a)(2)(B). [Dkt. 103 .] The Court, being duly advised, hereby GRANTS the motion. Defendants are authorized to take the deposition of Jauston Huerta at the Putnamville Correctional Facility on February 9, 2018. Signed by Magistrate Judge Mark J. Dinsmore on 2/5/2018. (DW) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
106

ORDER TO MAKE INMATE AVAILABLE - You or your designee(s) are ORDERED to make Jauston Huerta available to participate telephonically in a settlement conference at the time and date specified in this Order. Putnamville Correctional Facility shall provide a call-in number to the Court. Inmate: Jauston Huerta 954787 Date: February 26, 2018 Time: 12:30 p.m. (Eastern) Expected Duration of Court Proceeding: 3-4 hours Any questions or information concerning this Order should be brought to the attention of Judge Dinsmore's Courtroom Deputy at 317-229-3901. Signed by Magistrate Judge Mark J. Dinsmore on 2/2/2018.(DW) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
107

ORDER - For the foregoing reasons, the Court DENIES Plaintiffs' Motion for the Appointment of a Three Judge Panel, 95 . To the extent that circumstances change which would support the appointment of a three-judge panel, Plaintiffs may re-file their motion (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 2/8/2018. (DW) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

Clearinghouse
108

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 2/26/2018. Settlement was not achieved. Court amends approved Case Management Order 75 . Dispositive Motions due by 6/22/2018. Discovery due by 5/25/2018. Parties are directed to plan for & complete all case-related activities pursuant to schedule. Parties should not anticipate any further revision of the case deadlines. Telephonic Status Conference set for 3/29/2018 at 12:00 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 03/01/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
109

Defendants ANSWER to 14 Amended Complaint, filed by All Defendants.(Friedrich, David) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
111

AMENDED SCHEDULING ORDER (TIME ONLY): This matter is currently set for a Telephonic Status Conference on 3/29/2018 at 12:00 PM. The Court now changes the time to 10:00 AM (Eastern) on that same date. All other requirements of the Court's order dated 2/28/2018 108 remain in effect, and the teleconference call-in information issued by the Court on 3/27/2018 110 remains unchanged. Signed by Magistrate Judge Mark J. Dinsmore on 3/27/2018. (GD) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
112

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/29/2018. Parties discussed status of discovery. Telephonic Status Conference set for 9/4/2018 at 10:20 AM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 03/30/2018)

March 29, 2018

March 29, 2018

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 13, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals in the care and custody of Vigo County, Indiana, including the current and future inmates who are or will be incarcerated in the Vigo County Jail and all current and future individuals who were transported to other county jails as a result of the overcrowding in the Vigo County Jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Sheriff of Vigo County (Terre Haute, Vigo), County

Vigo County Comissioners (Terre Haute, Vigo), County

Vigo County Council (Terre Haute, Vigo), County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Hire

Reporting

Monitoring

Goals (e.g., for hiring, admissions)

Preliminary relief request withdrawn/mooted

Amount Defendant Pays: $101,130.85

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Conditions of confinement

Confidentiality

Counseling

Education

Funding

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Grievance procedures

Post-PLRA Population Cap

Visiting

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general

Skin Infections

Tuberculosis

Untreated pain