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Case: Coomer v. Noel

4:22-cv-00079 | U.S. District Court for the Southern District of Indiana

Filed Date: June 21, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

Twenty eight incarcerated women at the Clark County Jail (“the Jail”) filed suit in the U.S. District Court for the Southern District of Indiana on June 21, 2022. The plaintiffs sued the Clark County Sheriff’s Office and several of its officers under 42 U.S.C. § 1983 after an incident on October 24, 2021 at the Jail where incarcerated men were able to gain access to the women's area of the Jail and allegedly attacked and threatened plaintiffs with physical and sexual violence.  Following the Oc…

Twenty eight incarcerated women at the Clark County Jail (“the Jail”) filed suit in the U.S. District Court for the Southern District of Indiana on June 21, 2022. The plaintiffs sued the Clark County Sheriff’s Office and several of its officers under 42 U.S.C. § 1983 after an incident on October 24, 2021 at the Jail where incarcerated men were able to gain access to the women's area of the Jail and allegedly attacked and threatened plaintiffs with physical and sexual violence.  Following the October 2021 incident, the plaintiffs were subjected to numerous disciplinary actions. Immediately following the incident, they lost their “dark” privileges, meaning their section’s light remained on for 72 continuous hours. In addition, they faced a lockdown, interrogations, shake downs, and had numerous personal items confiscated by corrections officers. Represented by private counsel, the plaintiffs sought compensatory and punitive damages.

In their complaint, plaintiffs alleged that the Clark County Sheriff violated the Fourteenth Amendment’s due process guarantees for implementing objectively unreasonable policies, failing his supervisory role, and acting with deliberate indifference towards plaintiff’s rights. Plaintiffs also alleged that individual officers violated the Fifth, Thirteenth, and Fourteenth Amendments for their failure to intervene and protect the plaintiffs. In addition, plaintiffs cited numerous state tort claims including vicarious liability, intentional infliction of emotional distress, and negligence.

The case is ongoing as of September 2022.

Summary Authors

Eric Gripp (9/28/2022)

Documents in the Clearinghouse

Document
2

4:22-cv-00079

Complaint

June 21, 2022

June 21, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63399169/coomer-v-noel/

Last updated Sept. 28, 2022, 2:30 p.m.

ECF Number Description Date Link Date / Link
1

NOTICE of Appearance by William Perry McCall, III on behalf of Plaintiffs Beatrice Coomer, tarin Cox, Lindsey Culver, Brittany Davey, Tina Edwards, Alisha Garcia, Brittany Gregory, Dejonae Hawkins, Courtney Huff, Roxanne Humphry, Jessica Jagger, Mary Johnson, Ashley Lames, Julie Lawson, Tabatha Rudolph, Ashley Santiago, April Snyder, Amanda Waters, Victoria Wimp, Carrie Wiseman. (McCall, William) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
2

COMPLAINT Jamie Noel et. al against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number AINSDC-7154851) (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Proposed Summons David Lowe, # 3 Proposed Summons Jamie Noel, # 4 Proposed Summons Clark County Sheriff Department, # 5 Proposed Summons Unnamed Officers of the Clark County Sheriff Department)(McCall, William) Modified on 6/21/2022 to include payment information (LBT). (Entered: 06/21/2022)

1 Civil Cover Sheet Cover Sheet

View on RECAP

2 Proposed Summons David Lowe

View on RECAP

3 Proposed Summons Jamie Noel

View on RECAP

4 Proposed Summons Clark County Sheriff Department

View on RECAP

5 Proposed Summons Unnamed Officers of the Clark County Sheriff Department

View on RECAP

June 21, 2022

June 21, 2022

Clearinghouse
3

NOTICE of Appearance by Bart M. Betteau on behalf of Plaintiffs Beatrice Coomer, tarin Cox, Lindsey Culver, Brittany Davey, Tina Edwards, Alisha Garcia, Brittany Gregory, Dejonae Hawkins, Courtney Huff, Roxanne Humphry, Jessica Jagger, Mary Johnson, Ashley Lames, Julie Lawson, Tabatha Rudolph, Ashley Santiago, April Snyder, Amanda Waters, Victoria Wimp, Carrie Wiseman. (Betteau, Bart) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
5

CIVIL COVER SHEET, filed by Plaintiff Beatrice Coomer. (McCall, William) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
6

CIVIL COVER SHEET, filed by Plaintiff Beatrice Coomer. (McCall, William) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
7

Summons Issued as to Jamie Noel. (LF) (Main Document 7 replaced on 6/22/2022) (LF). (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
8

***PLEASE DISREGARD-NOT A NAMED DEFENDANT***Summons Issued as to CLARK COUNTY SHERIFF DEPARTMENT. (LF) (Main Document 8 replaced on 6/22/2022) (LF). Modified on 6/23/2022 (TRG). (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

RECAP
9

Summons Issued as to David J Lowe. (LF) (Main Document 9 replaced on 6/22/2022) (LF). (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
10

Summons Issued as to Unnamed Officers of the Clark County Sheriff's Department. (LF) (Main Document 10 replaced on 6/22/2022) (LF). (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

RECAP
11

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
12

CONSENT to Jurisdiction to US Magistrate Judge by All Plaintiffs. (McCall, William) Modified to clarify docket text on 6/28/2022 (LF). (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

RECAP
13

NOTICE of Appearance by R. Jeffrey Lowe on behalf of Defendant JAMIE NOEL. (Lowe, R.) (Entered: 07/13/2022)

July 13, 2022

July 13, 2022

RECAP
14

NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant JAMIE NOEL. (Lowe, R.) (Entered: 07/14/2022)

July 14, 2022

July 14, 2022

RECAP
15

RETURN of Service by CMRRR, filed by All Plaintiffs. DAVID LOWE served on 6/24/2022. (Attachments: # 1 Green Card, # 2 Tracking Results)(Betteau, Bart) (Entered: 07/19/2022)

1 Green Card

View on RECAP

2 Tracking Results

View on RECAP

July 19, 2022

July 19, 2022

RECAP
16

RETURN of Service by CMRRR, filed by All Plaintiffs. UNNAMED OFFICERS OF THE CLARK COUNTY SHERIFF'S DEPARTMENT served on 6/24/2022. (Attachments: # 1 Green Card)(Betteau, Bart) (Entered: 07/19/2022)

1 Green Card

View on RECAP

July 19, 2022

July 19, 2022

RECAP
17

RETURN of Service by CMRRR, filed by All Plaintiffs. JAMIE NOEL served on 6/24/2022. (Attachments: # 1 Green Card)(Betteau, Bart) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
18

Answer to Complaint

Aug. 10, 2022

Aug. 10, 2022

PACER
19

ENTRY ADDRESSING REQUEST FOR ASSISTANCE WITH RECRUITING COUNSEL: Mr. Lowe has not provided any information that would enable the Court to determine the merits of a request for pro bono counsel. The clerk is directed to send Mr. Lowe a motion for assistance recruiting counsel form and a motion to proceed in forma pauperis form, which he must use if he chooses to file a motion for assistance with recruiting counsel. See Order for details. Signed by Judge Tanya Walton Pratt on 8/12//2022. Copies mailed pursuant to distribution list. (Attachments: # 1 Motion for assistance recruiting counsel, # 2 Motion for IFP)(LF) (Entered: 08/15/2022)

Aug. 12, 2022

Aug. 12, 2022

RECAP
20

ANSWER to 2 Complaint, filed by JAMIE NOEL.(Lowe, R.) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
21

SCHEDULING ORDER: Telephonic Initial Pretrial Conference set for 9/20/2022 at 11:00 AM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. The parties shall attend the conference by calling 877-402-9753, access code 4693226. No fewer than seven days before the IPTC, counsel must file a proposed CMP. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 8/19/2022 (Copy mailed to David Lowe).(LBT) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
22

SHOW CAUSE ORDER - The defendant shall have through September 16, 2022, in which to file a notice with the Court identifying the factual basis for the affirmative defense that some or all of the plaintiffs failed to exhaust their administrative remedies. Alternatively, the defendants may file a notice with the Court withdrawing the defense. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 8/19/2022 (Copy mailed to David Lowe).(LBT) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
23

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs BEATRICE COOMER, TARIN COX, LINDSEY CULVER, BRITTANY DAVEY, TINA EDWARDS, ALISHA GARCIA, BRITTANY GREGORY, DEJONAE HAWKINS, COURTNEY HUFF, ROXANNE HUMPHREY, JESSICA JAGGER, MARY JOHNSON, ASHLEY LAMES, JULIE LAWSON, TABATHA RUDOLPH, ASHLEY SANTIAGO, APRIL SNYDER, AMANDA WATERS, VICTORIA WIMP, CARRIE WISEMAN . (Betteau, Bart) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
24

RESPONSE to Court's Show Cause Order regarding Defendant's Affirmative Defense of Failure to Exhaust Administrative Remedies under the PLRA, re 22 Order to Show Cause, filed by Defendant JAMIE NOEL. (Lowe, R.) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

PACER
25

Minute Entry for September 20, 2022 Initial Pretrial Conference - All represented parties appeared by counsel for an initial pretrial conference. Pro se defendant David Lowe did not appear. Mr Lowe is ordered to show cause, in writing filed by October 5, 2022, why he should not be sanctioned for his failure to appear. Sanctions may include entry of default. The parties' proposed case management plan, dkt. 23, in 4:22-cv-00079-TWP-DML, is approved as submitted. This matter is set for a telephone status conference on December 20, 2022, at 9:30 a.m. (Eastern) with the assigned magistrate judge. Counsel and any unrepresented parties should call 888-363-4734, access code 5451691 to participate in the conference. Specifically, the parties should be prepared to (1) propose a briefing schedule for dispositive motions in support of the exhaustion defenses, (2) notify the court that there are material factual disputes that preclude resolution of the exhaustion defenses via a dispositive motion and request a Pavey hearing, or (3) notify the court that the defenses are being withdrawn. Signed by Magistrate Judge Debra McVicker Lynch. (AKW) (Entered: 09/22/2022)

Sept. 22, 2022

Sept. 22, 2022

PACER
26

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED Dispositive Motions due by 6/25/2023. Discovery due by 5/25/2023.. Signed by Magistrate Judge Debra McVicker Lynch on 9/22/2022. (LF) (Entered: 09/22/2022)

Sept. 22, 2022

Sept. 22, 2022

PACER
27

Order Regarding Discovery Disputes: Under Fed. R. Civ. P. 37(a)(1) and S.D. Ind. L.R. 37-1(a), counsel must confer in good faith to resolve a discovery dispute before involving the court in the dispute. If counsel have exhausted those efforts without resolving the dispute they must seek a discovery conference with the magistrate judge before the filing of a formal motion to compel or contested motion for protective order. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 9/22/2022. Copy mailed per distribution list. (LF) (Entered: 09/22/2022)

Sept. 22, 2022

Sept. 22, 2022

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 21, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

28 incarcerated women who were housed at the Clark County Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Clark County Sheriff's Office (Jeffersonville, Clark), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Assault/abuse by residents/inmates/students

Disciplinary procedures

Failure to supervise

Failure to train

Neglect by staff

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run