Case: Incarcerated Men of Allen County Jail v. Fair

3:72-cv-00188 | U.S. District Court for the Northern District of Ohio

Filed Date: June 20, 1972

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Case Summary

In 1972, plaintiffs filed a pro se complaint alleging that conditions at the Allen County Jail were unbearable. The district court for the Northern District of Ohio (Judge Don J. Young) treated the pro se petition as a class action complaint and appointed counsel from the Advocates for Basic Legal Equity (ABLE). The parties negotiated a settlement agreement regarding ventilation, mail censorship, commissary privileges, visiting hours and facilities, jail population, plumbing, inmates' persona…

In 1972, plaintiffs filed a pro se complaint alleging that conditions at the Allen County Jail were unbearable. The district court for the Northern District of Ohio (Judge Don J. Young) treated the pro se petition as a class action complaint and appointed counsel from the Advocates for Basic Legal Equity (ABLE). The parties negotiated a settlement agreement regarding ventilation, mail censorship, commissary privileges, visiting hours and facilities, jail population, plumbing, inmates' personal items, counseling and medical services, and a classification system. A second consent order followed that required defendants to allow inmates awaiting trial a reasonable number of local telephone calls and to hold a due process hearing before any inmate could be placed in solitary confinement.

In 1973, plaintiffs moved for award of attorney's fees, and the district court granted the motion. Incarcerated Men of Allen Co. v. Fair, 376 F. Supp. 483 (N.D. Ohio 1973). The county and the sheriff appealed, and the Sixth Circuit vacated the decision and remanded with instructions to reconsider an award of attorney's fees against individual defendants rather than the county. Incarcerated Men of Allen Co. v. Fair, 507 F.2d 281 (6th Cir. 1974). The docket for this case is not available on PACER, and therefore our information ends with the last reported decision in 1974.

Summary Authors

Lauren Cutson (5/26/2005)

People


Judge(s)

Celebrezze, Anthony Joseph (Ohio)

Young, Don John (Ohio)

Attorneys(s) for Plaintiff

Kelm, Russel A. (Ohio)

Little, David A. (Ohio)

Merritt, Frank S. (Ohio)

Vargyas, Joseph F. (Ohio)

Attorneys(s) for Defendant

Huffman, Lawrence S. (Ohio)

Judge(s)

Celebrezze, Anthony Joseph (Ohio)

Young, Don John (Ohio)

Attorneys(s) for Plaintiff

Kelm, Russel A. (Ohio)

Little, David A. (Ohio)

Merritt, Frank S. (Ohio)

Vargyas, Joseph F. (Ohio)

Attorneys(s) for Defendant

Huffman, Lawrence S. (Ohio)

Documents in the Clearinghouse

Document

Memorandum

376 F.Supp. 483, 1973 U.S.Dist.LEXIS 11610

Oct. 5, 1973 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the Sixth Circuit

507 F.2d 281

Oct. 5, 1973 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Ohio

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 20, 1972

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

inmates at the Allen County Jail

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Allen County Jail (Allen), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1972 - None

Issues

General:

Classification / placement

Counseling

Mail

Sanitation / living conditions

Visiting

Crowding:

Crowding / caseload

Affected Gender:

Male

Type of Facility:

Government-run