Case: Indiana Protection and Advocacy Services Commission v. Indiana Secretary of State

4:16-cv-00029 | U.S. District Court for the Southern District of Indiana

Filed Date: Feb. 25, 2016

Closed Date: April 14, 2016

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Case Summary

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.

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Summary Authors

NDRN (8/11/2022)

Documents in the Clearinghouse

	Document
1 4:16-cv-00029	Class Action Complaint for Declaratory and Injunctive Relief/Notice of Challenge to the Constitutionality of a State Statute Indiana Protection and Advocacy Services v. Indiana Secretary of State	Feb. 25, 2016	Feb. 25, 2016 Complaint
11 4:16-cv-00029	Memorandum in Support of Motion for Preliminary Injunction Indiana Protection and Advocacy Services v. Indiana Secretary of State	March 1, 2016	March 1, 2016 Pleading / Motion / Brief
19 4:16-cv-00029	Stipulation to Dismissal of Action Indiana Protection and Advocacy Services v. Indiana Secretary of State	April 12, 2016	April 12, 2016 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4509526/indiana-protection-and-advocacy-services-commission-v-indiana-secretary-of/

Last updated July 2, 2023, 3:02 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (-Class Action- for Declaratory and Injunctive Relief / Notice of Challenge to Constitutionality of a State Statute against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-3791734) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Falk, Kenneth) (Entered: 02/25/2016) 1 Civil Cover Sheet View on PACER 2 Proposed Summons View on PACER	Feb. 25, 2016	Feb. 25, 2016 Clearinghouse
2	NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiffs PATRICIA FEATHERSTON, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION. (Falk, Kenneth) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
3	NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs PATRICIA FEATHERSTON, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION. (Rose, Gavin) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
4	NOTICE of Appearance by Thomas E. Crishon on behalf of Plaintiffs PATRICIA FEATHERSTON, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION. (Crishon, Thomas) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
5	NOTICE of Appearance by Melissa Keyes on behalf of Plaintiffs PATRICIA FEATHERSTON, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION. (Keyes, Melissa) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
6	NOTICE of Appearance by Grant E. Helms on behalf of Plaintiffs PATRICIA FEATHERSTON, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION. (Helms, Grant) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
7	Summons Issued as to CLERK, JEFFERSON COUNTY, INDIANA, INDIANA SECRETARY OF STATE, THE INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION, THE STATE OF INDIANA. (MAG) (Entered: 02/26/2016)	Feb. 26, 2016	Feb. 26, 2016 PACER
8	MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MAG) (Entered: 02/26/2016)	Feb. 26, 2016	Feb. 26, 2016 PACER
9	Submission of Signature Requirement re 5 Notice of Appearance by All Plaintiffs. (Keyes, Melissa) (Entered: 02/26/2016)	Feb. 26, 2016	Feb. 26, 2016 PACER
10	MOTION for Preliminary Injunction, filed by Plaintiffs PATRICIA FEATHERSTON, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION. (Falk, Kenneth) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 RECAP
11	BRIEF/MEMORANDUM in Support re 10 MOTION for Preliminary Injunction, filed by Plaintiffs PATRICIA FEATHERSTON, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION. (Falk, Kenneth) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016 Clearinghouse
12	Submission of Proposed Order, re 10 MOTION for Preliminary Injunction, filed by Plaintiffs PATRICIA FEATHERSTON, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION. (Rose, Gavin) (Entered: 03/02/2016)	March 2, 2016	March 2, 2016 PACER
13	NOTICE of Appearance by Joseph A. Colussi on behalf of Defendant CLERK, JEFFERSON COUNTY, INDIANA. (Colussi, Joseph) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 PACER
14	MOTION for Extension of Time to 4/25/2016 to Answer or Otherwise Plead Pursuant to Local Rule 6-1(b), filed by Defendant CLERK, JEFFERSON COUNTY, INDIANA. (Attachments: # 1 Text of Proposed Order)(Colussi, Joseph) (Entered: 03/03/2016)	March 3, 2016	March 3, 2016 PACER
15	NOTICE of Appearance by Rebecca A. Brelage on behalf of Defendants INDIANA SECRETARY OF STATE, THE INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION, THE STATE OF INDIANA. (Brelage, Rebecca) (Entered: 03/04/2016)	March 4, 2016	March 4, 2016 PACER
16	NOTICE of Appearance by Nikki G. Ashmore on behalf of Defendants INDIANA SECRETARY OF STATE, THE INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION, THE STATE OF INDIANA. (Ashmore, Nikki) (Entered: 03/04/2016)	March 4, 2016	March 4, 2016 PACER
17	NOTICE of Appearance by Patricia H. Strachan on behalf of Defendants INDIANA SECRETARY OF STATE, THE INDIVIDUAL MEMBERS OF THE INDIANA ELECTION COMMISSION, THE STATE OF INDIANA. (Strachan, Patricia) (Entered: 03/04/2016)	March 4, 2016	March 4, 2016 PACER
18	ORDER granting 14 Motion for Extension of Time. Clerk of Jefferson County, Indiana, shall have an extension of thirty days from the date of this order to answer or otherwise plead to the Plaintiffs' complaint. Signed by Judge Sarah Evans Barker on 3/15/2016. (LBT) (Entered: 03/15/2016)	March 15, 2016	March 15, 2016 PACER
19	STIPULATION of Dismissal, filed by Plaintiffs PATRICIA FEATHERSTON, INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION. (Falk, Kenneth) (Entered: 04/12/2016)	April 12, 2016	April 12, 2016 Clearinghouse
20	CLOSED DISMISSED, without prejudice, with the parties to pay their own costs and attorneys' fees. Signed by Judge Sarah Evans Barker on 4/14/2016.(LBT) (Entered: 04/14/2016)	April 14, 2016	April 14, 2016 PACER