Case: Rowe v. IMPD, et al.

1:20-cv-01373 | U.S. District Court for the Southern District of Indiana

Filed Date: May 13, 2020

Closed Date: June 23, 2021

Clearinghouse coding complete

Case Summary

In 2018, a deaf individual called 911 using a video relay interpretive service on his cell phone after being threatened by his roommate. At least one of the responding Indianapolis Metropolitan Police Department (IMPD) officers had previously been to plaintiff’s residence and was or should have been on notice that plaintiff communicated through American Sign Language (ASL). Despite the advanced notice, the responding IMPD officers failed to provide a qualified interpreter or any auxiliary aids,…

In 2018, a deaf individual called 911 using a video relay interpretive service on his cell phone after being threatened by his roommate. At least one of the responding Indianapolis Metropolitan Police Department (IMPD) officers had previously been to plaintiff’s residence and was or should have been on notice that plaintiff communicated through American Sign Language (ASL). Despite the advanced notice, the responding IMPD officers failed to provide a qualified interpreter or any auxiliary aids, relying instead on a witness who was not present during the underlying incident to communicate. Plaintiff was not given a chance to explain why he had called 911; instead, he was arrested and incarcerated in the Marion County Jail for four days without access to an ASL interpreter or any auxiliary aids to ensure effective communication. Plaintiff was detained without having the charges against him or any rules and procedures of the jail explained.

Represented by Indiana Disability Rights (IDR), the state protection and advocacy system, plaintiff filed suit on May 13, 2020, in the Southern District of Indiana against the IMPD, the Marion County Sheriff’s Office, and Marion County for violation of his civil rights under Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Indiana state law. Plaintiff amended his complaint on July 7, 2020 to include the City of Indianapolis as a defendant on his ADA claim because of the City’s responsibility for operating the IMPD and status as a public entity. The case was assigned to Judge Richard L. Young and Magistrate Judge Mark J. Dinsmore.  

Defendants responded on August 10, 2020 and the parties proceeded with preliminary discovery. On January 12, 2021, the parties held a settlement conference and amended the case management plan to allow time for settlement discussions to continue. The parties reported to the court on April 23, 2021 that a settlement had been reached and the case was dismissed on June 22, 2021. The Clearinghouse was unable to confirm the terms of the settlement agreement.  

 

Summary Authors

Hannah Juge (6/26/2022)

Documents in the Clearinghouse

Document
1

1:20-cv-01373

Complaint for Damages and Injunctive Relief

Rowe v. Indianapolis Metropolitan Police Department

May 13, 2020

May 13, 2020

Complaint
43

1:20-cv-01373

Minute Entry for April 23, 2021 Telephonic Status Conference Hon. Mark J. Dinsmore, Magistrate Judge

Rowe v. Indianapolis Metropolitan Police Department

April 26, 2021

April 26, 2021

Magistrate Report/Recommendation

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17155351/rowe-v-indianapolis-metropolitan-police-department/

Last updated Aug. 31, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by GERALD ROWE. (Filing fee $400, receipt number 0756-5990210) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Gray, Nikki) (Entered: 05/13/2020)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

May 13, 2020

May 13, 2020

Clearinghouse
2

NOTICE of Appearance by Nikki G. Gray on behalf of Plaintiff GERALD ROWE. (Gray, Nikki) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
3

Summons Issued as to INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, MARION COUNTY, MARION COUNTY SHERIFF'S OFFICE. (JRB) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
5

NOTICE of Appearance by Anthony W. Overholt on behalf of Defendant MARION COUNTY SHERIFF'S OFFICE. (Overholt, Anthony) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
6

NOTICE of Appearance by Stephanie V. McGowan on behalf of Defendant MARION COUNTY SHERIFF'S OFFICE. (McGowan, Stephanie) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
7

RETURN of Service, filed by GERALD ROWE. INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT served on 5/26/2020; MARION COUNTY served on 5/19/2020; MARION COUNTY SHERIFF'S OFFICE served on 5/18/2020. (Attachments: # 1 Exhibit Ex. A - USPS Mail Receipts)(Gray, Nikki) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
8

NOTICE of Appearance by Andrew J. Upchurch on behalf of Defendants INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, MARION COUNTY, MARION COUNTY SHERIFF'S OFFICE. (Upchurch, Andrew) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
9

NOTICE of Parties' First Extension of Time, filed by Defendants INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, MARION COUNTY, MARION COUNTY SHERIFF'S OFFICE. (Upchurch, Andrew) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
10

ANSWER to 1 Complaint, filed by INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, MARION COUNTY, MARION COUNTY SHERIFF'S OFFICE.(Upchurch, Andrew) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
11

SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 7/28/2020 at 2:00 PM (Eastern) before Magistrate Judge Mark J. Dinsmore. 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. The parties shall file a proposed CMP on or before 7/23/2020. Signed by Magistrate Judge Mark J. Dinsmore on 7/7/2020.(CBU) (Entered: 07/08/2020)

July 7, 2020

July 7, 2020

PACER
12

JOINT PROPOSED CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff GERALD ROWE . (Gray, Nikki) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
14

AMENDED COMPLAINT against All Defendants, filed by GERALD ROWE. (Attachments: # 1 Proposed Summons)(Gray, Nikki) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
15

Summons Issued as to CITY OF INDIANAPOLIS. (JRB) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
16

ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 7/28/2020.(SWM) (Entered: 07/29/2020)

July 28, 2020

July 28, 2020

PACER
17

MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 7/28/2020. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 10/1/2020 at 4:30 PM (Eastern Time). Settlement Conference set for 1/12/2021 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 08/04/2020)

July 28, 2020

July 28, 2020

PACER
18

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 4/2/2021. Discovery due by 3/5/2021. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 7/28/2020. (GD) (Entered: 08/04/2020)

July 28, 2020

July 28, 2020

PACER
19

NOTICE of Appearance by Andrew J. Upchurch on behalf of Defendant CITY OF INDIANAPOLIS. (Upchurch, Andrew) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
20

ANSWER to 14 Amended Complaint, filed by CITY OF INDIANAPOLIS, INDIANAPOLIS METROPOLITAN POLICE DEPARTMENT, MARION COUNTY, MARION COUNTY SHERIFF'S OFFICE.(Upchurch, Andrew) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
21

Exhibit List preliminary, filed by Plaintiff GERALD ROWE. (Gray, Nikki) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
22

Witness List preliminary, filed by Plaintiff GERALD ROWE. (Gray, Nikki) (Entered: 08/13/2020)

Aug. 13, 2020

Aug. 13, 2020

PACER
24

~Util - Set Hearings AND Status Conference

Oct. 5, 2020

Oct. 5, 2020

PACER
25

Exhibit List

Oct. 7, 2020

Oct. 7, 2020

PACER
26

Witness List

Oct. 7, 2020

Oct. 7, 2020

PACER
27

Witness List

Oct. 7, 2020

Oct. 7, 2020

PACER
28

Exhibit List

Oct. 7, 2020

Oct. 7, 2020

PACER
29

1 - Terminate Hearings AND SCHEDULING Order

Oct. 19, 2020

Oct. 19, 2020

PACER
31

Status Conference AND ~Util - Set Hearings

Nov. 17, 2020

Nov. 17, 2020

PACER
32

SCHEDULING Order

Nov. 30, 2020

Nov. 30, 2020

PACER
34

Notice of Parties First Extension of Time

Dec. 12, 2020

Dec. 12, 2020

PACER
35

Status Conference

Dec. 22, 2020

Dec. 22, 2020

PACER
36

Settlement Conference AND ~Util - Terminate Deadlines AND ~Util - Set Deadlines/Hearings

Jan. 12, 2021

Jan. 12, 2021

RECAP
38

~Util - Set Hearings AND Status Conference

Feb. 17, 2021

Feb. 17, 2021

PACER
40

Notice of Appearance

March 22, 2021

March 22, 2021

PACER
41

~Util - Set Hearings AND Status Conference

April 6, 2021

April 6, 2021

PACER
43

Status Conference AND ~Util - Directing Filing of Dismissal Documents

April 26, 2021

April 26, 2021

RECAP
44

Dismiss

1 Text of Proposed Order

View on PACER

June 22, 2021

June 22, 2021

RECAP
45

Closed Dismissed

June 23, 2021

June 23, 2021

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Disability Rights

Jail Conditions

Policing

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: May 13, 2020

Closing Date: June 23, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Deaf individual arrested and subsequently incarcerated without opportunity to effectively communicate.

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Marion County Sheriff's Office (Marion), County

Marion County (Marion), County

Indianapolis Metropolitan Police Department (Indianapolis), City

Defendant Type(s):

Corrections

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

State law

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Communication skills

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment