Filed Date: Feb. 25, 2016
Closed Date: April 14, 2016
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This 2016 class action lawsuit challenged the constitutionality of Indiana Code § 3-5-5-17, which provided that persons who are committed to a psychiatric institution did not gain residency for voting purposes in the precinct where the institution is located, and raised claims that the statute burdens and discriminates against persons with disabilities in violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The case was filed on February 25, 2016 in the Southern District of Indiana federal district court and was assigned to Judge Sarah Evans Barker. The ACLU of Indiana and the Indiana Protection and Advocacy Services (now Indiana Disability Rights) represented the Indiana Protection and Advocacy Services Commission and an individual plaintiff. Plaintiffs filed a motion for preliminary injunction, but the court did not issue a ruling. Despite the clear language of the statute, defendants agreed to interpret the statute to not preclude a person who is adjudged mentally ill and committed to an institution for individuals with a mental illness from gaining residency in the precinct in which the institution is located. Parties agreed to a Stipulation of Dismissal on April 14, 2016. According to the terms of dismissal, the state agreed that a person who is adjudged mentally ill and committed to a psychiatric institution for individuals may gain residency in the voting precinct in which the institution is located. Such a person may present facts and conduct to rebut the presumption that he or she is not a resident of the precinct in which the institution is located or may choose to register to vote in the precinct where he or she resided prior to his or her commitment.
Summary Authors
NDRN (8/11/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4509526/parties/indiana-protection-and-advocacy-services-commission-v-indiana-secretary-of/
Barker, Sarah Evans (Indiana)
Alberts, Sierra L. (Indiana)
CLAIRMONT, JOY P. (Indiana)
COLLINS, TODD S. (Indiana)
Brelage, Rebecca A. (Indiana)
Barker, Sarah Evans (Indiana)
See docket on RECAP: https://www.courtlistener.com/docket/4509526/indiana-protection-and-advocacy-services-commission-v-indiana-secretary-of/
Last updated Feb. 24, 2024, 3:05 a.m.
State / Territory: Indiana
Case Type(s):
Key Dates
Filing Date: Feb. 25, 2016
Closing Date: April 14, 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
organizational plaintiffs
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
Disability and Disability Rights:
Voting:
Discrimination-basis: