Case: Strunk v. Martin

1:10-cv-00023 | U.S. District Court for the Northern District of Indiana

Filed Date: Jan. 21, 2010

Closed Date: Aug. 22, 2018

Clearinghouse coding complete

Case Summary

This is a case alleging infringement of two individuals' Fourth Amendment rights when they were arrested without warrants and not brought before a judge within 48 hours. On January 21, 2010, two individuals who were arrested and booked into LaGrange County Jail filed this lawsuit in the United States District Court for the Northern District of Indiana. The plaintiffs sued the LaGrange County Sheriff under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought compensatory and d…

This is a case alleging infringement of two individuals' Fourth Amendment rights when they were arrested without warrants and not brought before a judge within 48 hours.

On January 21, 2010, two individuals who were arrested and booked into LaGrange County Jail filed this lawsuit in the United States District Court for the Northern District of Indiana. The plaintiffs sued the LaGrange County Sheriff under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought compensatory and declaratory relief. They claimed that their Fourth Amendment rights were violated when they weren't promptly brought before a judge within 48 hours of their warrantless arrests. The case was assigned to Judge Robert L. Miller Jr. and referred to Magistrate Judge Roger B. Cosbey.

According to the complaint, the plaintiffs were arrested together for felonies without a warrant on September 29, 2008; were booked into jail on September 30, 2008; and were not afforded initial hearings until October 3 and October 7, 2008. The plaintiffs claimed that as a result of the LaGrange County Sheriff's unconstitutional policies and/or the Sheriff's failure to properly train all employees, they were deprived of their Fourth Amendment right to a prompt arraignment or initial hearing.

On May 24, 2010, the plaintiffs filed a motion to amend their complaint as a class action complaint. On the same day, they moved to certify a class defined as "all individuals who were arrested without a warrant, from January 21, 2008 through March 7, 2011, and who were booked and/or placed into the LaGrange County Jail, and who were not brought before a judicial officer within 48 hours after their arrest for a judicial probable cause hearing, and who were detained by the LaGrange County Sheriff in excess of 48 hours after their arrest." The following month, the case was reassigned to Judge Jon E. DeGuilio.

The court granted the plaintiffs' motion to certify the class on March 7, 2011. 2011 WL 839662. On March 10, 2011, the plaintiffs filed an amended class action complaint, adding the certified class and otherwise maintaining the substance of the initial complaint.

On November 21, 2011, the parties notified the court that they had agreed to a consent decree. In the decree, the parties agreed that there were roughly 238 class members. The Sheriff admitted that under the policies and procedures in place prior to July 17, 2010, individuals arrested without a warrant and booked into the LaGrange County Jail did not received judicial probable cause determinations within 48 hours of their arrest in violation of their Fourth Amendment right. Under the consent decree, the parties agreed that, beginning July 17, 2010, all individuals arrested without a warrant at LaGrange County Jail had received probable cause determinations within 48 hours of their arrest and that the Sheriff had implemented policies to ensure that all persons arrested without a warrant received this treatment. The parties requested that the court approve the Sheriff's new protocol and also alerted the court that they would continue to discuss issues regarding notice, cost of notice, damages, and injuries until they were resolved. 

Throughout the next year and a half, the parties engaged in discovery and settlement negotiations.

On August 9, 2013, the parties filed a joint motion seeking preliminary approval of the consent decree. 

On November 15, 2013, the plaintiffs filed a motion for interim award of fees and costs. The plaintiffs argued that they had succeeded on the merits of their claim and that the class would not be prejudiced by the award of interim fees because the plaintiffs had requested less than the total amount of fees sought in the negotiated settlement.

The parties jointly moved for preliminary approval of a settlement agreement on January 10, 2014, and the plaintiffs again moved for attorneys' fees and costs on the same day.

The court denied both motions for fees and costs on September 25, 2014. As to the first motion, the court concluded that awarding interim fees before all class members were notified of the settlement and given an opportunity to object was inappropriate. The court denied the second motion as premature, concluding that it would be inappropriate to award attorneys' fees before the settlement had been approved. 

On March 24, 2014, the court set a fairness hearing for a proposed settlement agreement and certified the plaintiffs' class as well as two sub-classes. The two sub-classes were defined as:

(1) the two named plaintiffs, as well as all other putative class members as to damages relating to their loss of liberty; and

(2) those individuals who submitted claim forms with respect to emotional distress, mental anguish, loss of employment/wages, or other special damages they claim to have suffered in addition to damages relating to their loss of liberty.

On March 24, 2015, the court approved the class action settlement agreement and the Sheriff's new protocol for warrantless arrests. Under the settlement agreement, the defendant agreed to pay $1,000,000. Included in this amount were attorneys' fees, incentive payments to the named representative plaintiffs, and special master costs. The new protocol required people arrested without a warrant to be released within 48 hours unless a written judicial determination of probable cause was found before 48 hours elapsed. The protocol also set certain time frames for actions by the arresting officer and certain responsibilities for the on-duty officer in charge of the jail who would be required to monitor the time since arrest. Procedures for arrests made on the eve of or on holidays were also included in the protocol to ensure that arrestees would not be held for more than 48 hours without a finding of probable cause. 

On August 22, 2018, the parties stipulated to dismissal with prejudice. 

This case is now closed. 

Summary Authors

Rhea Sharma (11/22/2022)

Documents in the Clearinghouse

Document
1

1:10-cv-00023

Complaint

Jan. 21, 2010

Jan. 21, 2010

Complaint
37

1:10-cv-00023

Memorandum Opinion and Order

March 7, 2011

March 7, 2011

Order/Opinion
38

1:10-cv-00023

Amendment to Plaintiffs' First Amended Complaint Class Action

March 10, 2011

March 10, 2011

Complaint
123

1:10-cv-00023

Opinion and Order

Sept. 25, 2014

Sept. 25, 2014

Order/Opinion
131

1:10-cv-00023

Order Granting Final Approval of the Class Action Settlement

March 24, 2015

March 24, 2015

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5404641/strunk-v-martin/

Last updated Dec. 6, 2022, 4:45 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Terry Martin filed by Amanda Strunk, Joshua Cleveland. (Attachments: # 1 Civil Cover Sheet)(jcp) (Entered: 01/25/2010)

2 Civil Cover Sheet

View on PACER

Jan. 21, 2010

Jan. 21, 2010

Clearinghouse
2

MOTION for Leave to Proceed in forma pauperis accompanied by 1 copy of summons form and 1 copy of USM-285 form by Plaintiff Joshua Cleveland. (jcp) (Entered: 01/25/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
3

MOTION for Leave to Proceed in forma pauperis accompanied by 1 copy of summons form and 1 copy of USM-285 form by Plaintiff Amanda Strunk. (jcp) (Entered: 01/25/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
4

NOTICE of Appearance by Christopher C Myers, Ilene M Smith on behalf of Amanda Strunk, Joshua Cleveland (jcp) (Entered: 01/25/2010)

Jan. 21, 2010

Jan. 21, 2010

PACER
5

AMENDED DOCUMENT by Amanda Strunk, Joshua Cleveland. Amendment to 4 Notice of Appearance. (Smith, Ilene) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

PACER
6

AMENDED DOCUMENT by Amanda Strunk, Joshua Cleveland. Amendment to 4 Notice of Appearance. (Myers, Christopher) (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

PACER
7

ORDER GRANTING 2, 3 Motion for Leave to Proceed in forma pauperis by plaintiffs; DEFERS payment of filing fee; ORDERS pltfs to pay $350 ffee from proceeds of any recovery received; DIRECTS US Marshals Service to effect service of process on dft. Signed by Judge Robert L Miller, Jr on 1/27/10. (jcp) (Entered: 01/29/2010)

Jan. 27, 2010

Jan. 27, 2010

PACER
8

Summons Issued as to Terry Martin. (jcp) (Entered: 01/29/2010)

Jan. 29, 2010

Jan. 29, 2010

PACER
9

NOTICE of Appearance by James P Posey on behalf of Terry Martin (Posey, James) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
10

NOTICE of Hearing: Rule 16 Preliminary Pretrial Conference set for 5/14/2010 10:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. (lrm) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
11

MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (lrm) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
12

NOTICE of Appearance by Robert T Keen, Jr on behalf of Terry Martin (Keen, Robert) (Entered: 04/08/2010)

April 8, 2010

April 8, 2010

PACER
13

NOTICE of Appearance by Diana Carol Bauer on behalf of Terry Martin (Bauer, Diana) (Entered: 04/08/2010)

April 8, 2010

April 8, 2010

PACER
14

AGREED NOTICE to extend time to file answer filed by Terry Martin ; answer due by May 7, 2010. (Posey, James) (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

PACER
15

NOTICE of Appearance by Kelly J Pautler on behalf of Terry Martin (Pautler, Kelly) (Entered: 04/21/2010)

April 21, 2010

April 21, 2010

PACER
16

SUMMONS Returned Executed by USM obo Amanda Strunk, Joshua Cleveland. Terry Martin served on 3/19/2010, answer due 4/9/2010. (jcp) (Entered: 04/27/2010)

April 23, 2010

April 23, 2010

PACER
17

REPORT of Rule 26(f) Planning Meeting. (Myers, Christopher) (Entered: 04/27/2010)

April 27, 2010

April 27, 2010

PACER
18

ANSWER to 1 Complaint by Terry Martin.(Keen, Robert) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
19

DEMAND for Trial by Jury by Terry Martin. (Keen, Robert) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
20

RULE 16 TELEPHONIC PRELIMINARY PRETRIAL CONFERENCE held on 5/14/2010 before Magistrate Judge Roger B Cosbey. Pla appeared by Atty Christopher C. Myers. Dft appeared by Attys Diana C. Bauer and James P. Posey. Rule 16 Telephonic Preliminary Pretrial Conference CONTINUED to 7/26/2010 09:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey to address issues of Class Action. Discovery goes forth; Discovery deadline is 12/16/2010. (Tape #CD 158.) (mr) Modified on 5/14/2010 (mr). (Entered: 05/14/2010)

May 14, 2010

May 14, 2010

PACER
21

First MOTION to Amend/Correct 1 Complaint by Plaintiffs Joshua Cleveland, Amanda Strunk. (Attachments: # 1 Exhibit First Amended Complaint-Class Action)(Myers, Christopher) (Entered: 05/24/2010)

1 Exhibit First Amended Complaint-Class Action

View on PACER

May 24, 2010

May 24, 2010

RECAP
22

MOTION to Certify Class by Plaintiffs Joshua Cleveland, Amanda Strunk. (Myers, Christopher) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
23

BRIEF in Support of 22 MOTION to Certify Class filed by Joshua Cleveland, Amanda Strunk. (Attachments: # 1 Exhibit Affidavit of Christopher C. Myers)(Myers, Christopher) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

RECAP
24

ENTRY FOR MAGISTRATE JUDGE ROGER B. COSBY: The Plaintiffs' Motion to Amend to allege a class action 21 is set for a telephone conference with counsel on 6/2/10 at 9:30 a.m. in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. The Court will initiate the call. So Ordered. (mr) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
25

TELEPHONIC HEARING RE 21 Motion to Amend/Correct Complaint and 22 Motion to Certify Class held on 6/2/2010 before Magistrate Judge Roger B Cosbey. Pla appeared by attys Christopher Myers and Ilene Smith. Dft appeared by attys Diana Bauer, James Posey, and Kelly Pautler. Amendments by Pla to 21 and 22 to be filed by 6/25/2010. Defts' Responses to be filed by 7/12/2010. Pla's Replies to be filed by 7/22/2010. Tape #CD 158.)(mr) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
26

ORDER REASSIGNING CASE. Case reassigned to Judge Jon E DeGuilio for all further proceedings. Judge Robert L Miller, Jr no longer assigned to case.This Order does not change the assignment of the Magistrate Judge or any previously scheduled deadlines, hearings or trial dates. Signed by Chief Judge Philip P Simon on 6/16/10.(jcp) (Entered: 06/16/2010)

June 16, 2010

June 16, 2010

PACER
27

CERTIFICATE of attorney and plaintiff regarding ADR, costs, and fees. (Myers, Christopher) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

PACER
28

AMENDMENT TO DE 21 by Joshua Cleveland, Amanda Strunk. (Amendment to Plaintiffs' First Amended Complaint - Class Action). (Myers, Christopher) Modified on 6/28/2010 (lrm). (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

RECAP
29

AMENDMENT TO DE 23 by Joshua Cleveland, Amanda Strunk. (Amendments to Plaintiffs' Motion for Determination of Maintenance of Claim as a Class Action). (Attachments: # 1 Exhibit A, affidavit of Ilene Smith, # 2 Exhibit A to Smith Affidavit (e-mail from defense counsel), # 3 Exhibit B to Smith affidavit, Daily Arrest Records, # 4 Exhibit C-H to Smith affidavit, Booking Reports, # 5 Exhibit affidavit of Christopher Myers, # 6 Exhibit B, affidavit of Amanda Strunk, # 7 Exhibit C, affidavit of Joshua Cleveland)(Myers, Christopher) Modified on 6/28/2010 (lrm). (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

PACER
30

MOTION (Application) to be appointed as Class Counsel and Supplemental Materials by Plaintiffs Joshua Cleveland, Amanda Strunk. (Attachments: # 1 Exhibit A, Affidavit of Ilene Smith, # 2 Exhibit B, fee agreements, # 3 Exhibit Strunk Affidavit, # 4 Exhibit Cleveland Affidavit)(Myers, Christopher) Modified on 6/28/2010 (lrm). (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

PACER
31

OBJECTION by Terry Martin to 22 MOTION to Certify Class. (Bauer, Diana) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

PACER
32

REPLY to Response to Motion re 22 MOTION to Certify Class filed by Joshua Cleveland, Amanda Strunk. (Myers, Christopher) (Entered: 07/14/2010)

July 14, 2010

July 14, 2010

PACER
33

TELEPHONIC HEARING re issues of Class Action held on 7/26/2010 before Magistrate Judge Roger B Cosbey. Pla appeared by atty Christopher Myers and Ilene Smith. Dft appeared by atty James Posey and Kelly Pautler. Scheduling Conference will be set following ruling on 21 First Motion to Amend/Correct Complaint and {22} Motion to Certify Class. (Tape #CD 160.) (mr) (Entered: 07/26/2010)

July 26, 2010

July 26, 2010

PACER
34

SUPPLEMENT to 32 Reply to Response to 22 Motion filed by Joshua Cleveland, Amanda Strunk. (Attachments: # 1 Exhibit, # 2 Exhibit)(Myers, Christopher) Modified on 8/11/2010 to create link to Motion (lns). (Entered: 08/10/2010)

Aug. 10, 2010

Aug. 10, 2010

PACER
35

Joint STIPULATION to Suspend All Deadlines Pending Ruling on Class Certification by Plaintiffs Joshua Cleveland, Amanda Strunk. (Myers, Christopher) (Entered: 11/30/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
36

ENTRY for Magistrate Judge Roger B. Cosbey: The joint 35 Stipulation to Suspend all Deadlines Pending Ruling on Class Certification is GRANTED, and all deadlines are vacated. So Ordered. (mr) (Entered: 01/04/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER
37

MEMORANDUM OPINION AND ORDER: the Court GRANTS the Plaintiffs Motion to Certify Class [DE 22, amended at DE 29]; GRANTS the Plaintiffs Motion to Amend/Correct the Complaint [DE 21, amended at DE 28], which shall be separately filed within 10 days of this order, with a response to be filed within 14 days thereafter; ORDERS that this case be certified as a class action with the class defined as stated herein; GRANTS The Plaintiffs Motion (or Application) for the Appointment of Class Counsel [DE 30]; and DIRECTS Class Counsel to provide a Notice of Certification to each individual member of the class who can be identified through reasonable effort, and further DIRECTS that such notice must provide an opportunity for each member to secure exclusion from the class and must otherwise be in accordance with Rule 23(c)(2)(B). Signed by Judge Jon E DeGuilio on 3/7/11. (jcp) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

Clearinghouse
38

AMENDED DOCUMENT by Joshua Cleveland, Amanda Strunk. Amendment to 1 Complaint. (Myers, Christopher) (Entered: 03/10/2011)

March 10, 2011

March 10, 2011

Clearinghouse
39

ANSWER to Complaint Answer to Amendment to Plaintiffs' First Amended Complaint-Class Action by Terry Martin.(Keen, Robert) (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

PACER
40

NOTICE of Hearing: Telephonic Status/Scheduling Conference set for 3/30/2011 09:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. Court to initiate call.(mr) (Entered: 03/23/2011)

March 23, 2011

March 23, 2011

PACER
41

TELEPHONIC STATUS CONFERENCE held and concluded on 3/30/2011 before Magistrate Judge Roger B Cosbey. Plas appeared by atty Christopher Myers. Dft appeared by attys James Posey, Robert Keen and Kelly Pautler. Class discovery deadline is 8/1/2011. Telephonic Hearing on the class notice and class members set for 8/24/2011 at 9:00 am. Court to initiate call. (Tape #FTR.) (mr) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER
42

TELEPHONIC STATUS CONFERENCE held on 8/24/2011 before Magistrate Judge Roger B Cosbey. Pla appeared by atty Ilene Smith. Dft appeared by atty Robert Keen. Status of class members discussed. Further Telephonic Status Conference set for 9/28/2011 09:00 AM (Fort Wayne time) before Magistrate Judge Roger B Cosbey on issue of determination of class members and proposed class notice. The Court will initiate the call. (1st floor FTR) (lns) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

PACER
43

TELEPHONIC STATUS CONFERENCE held and concluded on 9/28/2011 before Magistrate Judge Roger B Cosbey. Plas appeared by atty Ilene Smith. Dft appeared by attys James Posey and Kelly Pautler. Matter set for further hearing on 10/18/2011 at 1:00 pm to consider the proposed Notice and the issurance of Notice to the proposed class members. (Tape #FTR.) (mr) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
44

MOTION to Continue Status Conference by Defendant Terry Martin. (Pautler, Kelly) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

PACER
45

ORDER GRANTING 44 Motion to Continue Status Conference. Status Conference RESET to 10/27/2011 01:45 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. Signed by Magistrate Judge Roger B Cosbey on 10/18/11. (jcp) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
46

TELEPHONIC STATUS CONFERENCE held and concluded on 10/27/2011 before Magistrate Judge Roger B Cosbey. Plas appeared by atty Christopher Myers. Dft appeared by attys James Posey, Robert Keen, and Kelly Pautler. Further Telephonic Status Conference set for 11/22/2011 at 1 pm. Court to initiate call. (Tape #FTR.) (mr) (Entered: 10/27/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
47

NOTICE by Terry Martin Consent Decree (Keen, Robert) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

RECAP
48

TELEPHONIC STATUS CONFERENCE held and concluded on 11/22/2011 before Magistrate Judge Roger B Cosbey. Plas appeared by atty Ilene Smith. Dft appeared by attys James Posey, Robert Keen and Kelly Pautler. (FTR 1st Floor.) (mr) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
49

NOTICE by Terry Martin Consent Decree (Attachments: # 1 Exhibit LaGrange County Protocols)(Keen, Robert) (Entered: 11/22/2011)

Nov. 22, 2011

Nov. 22, 2011

PACER
50

NOTICE of Hearing: The Court now sets this case for a Telephonic Status Conference 3/8/2012 4:00 PM before Judge Jon E DeGuilio. The conference is set relative to whether notification of class certification was given, consistent with Rule 23(c)(2)(B), and to consider whether notice of the consent decree should be provided. The Court will initiate the call. This is a text-only entry. (saj) (Entered: 02/10/2012)

Feb. 10, 2012

Feb. 10, 2012

PACER
51

TELEPHONIC STATUS CONFERENCE held on 3/8/2012 before Judge Jon E DeGuilio. Pla appeared by atty Myers. Dft appeared by attys Posey, Keen & Pautler. Court heard from counsel. Attroney Myers indicated he would give defense counsel his version of the proposed notice of class certification by 3/9/2012. Once all counsel have agreed upon the proposed notice of class certification, such is to be provided to the Court as soon as possible. 4:07-4:30 (Court Reporter Hoffman) (saj) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

PACER
52

NOTICE TO COUNSEL: Counsel are given until 4/6/2012 to file a motion for the Court to approve the proposed Notice of Class Certification and Claim Form. This is a text-only entry. (saj) (saj) (Entered: 03/26/2012)

March 26, 2012

March 26, 2012

PACER
53

Joint MOTION TO REQUEST THE COURT'S APPROVAL by Plaintiffs Joshua Cleveland, Amanda Strunk. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Myers, Christopher) (Entered: 04/06/2012)

April 6, 2012

April 6, 2012

PACER
54

NOTICE TO COUNSEL: The parties have until 4/20/2012 to file any information concerning which party should bear the cost of class notice. This is a text-only entry. (saj) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER
55

REPORT by Terry Martin Report to Court. (Pautler, Kelly) (Entered: 04/25/2012)

April 25, 2012

April 25, 2012

PACER
56

ORDER GRANTING 53 Joint MOTION for the Court's Approval and APPROVES the Notice of Class Certification and Claim Form with revisions as outlined. Dft DIRECTED to file revised verions as directed no later than 6/15/12 and publish/mail documents as directed no sooner than 6/22/12. Modified Notice of Class Certification and Claim form to be sent to all class members by 7/6/12 with publication date in Fort Wayne Journal Gazette in July, 2012. Parties ORDERED to file joint status report on/before 9/28/12. Signed by Judge Jon E DeGuilio on 6/6/12. (jcp) Modified on 6/6/2012 (jcp). (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER
57

NOTICE by Terry Martin re 56 Order, Terminate Motions, Set Deadlines,,,,,, (Attachments: # 1 Exhibit Legal Notice of Class Certification, # 2 Exhibit Claim Form)(Pautler, Kelly) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

PACER
58

NOTICE by Terry Martin Amended Notice to the Court (Attachments: # 1 Exhibit Notice of Class Certification, # 2 Exhibit Claim Form)(Pautler, Kelly) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
59

NOTICE of Appearance by Nicholas F Wallace on behalf of Joshua Cleveland, Amanda Strunk (Wallace, Nicholas) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
60

ORDER re 56 Order ACCEPTING the parties' agreement that the Notice of Class Certification will be published as outlined and APPROVES the Notice of Class Certification and Claim Form for distribution to potential class members. The deadlines set forth in the Court's previous order dated 6/6/12 56 continue to control at this time. Signed by Judge Jon E DeGuilio on 6/25/12. (jcp) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

PACER
61

MOTION FOR MISCELLANEOUS RELIEF RELATING TO NOTICE OF CLASS ACTION by Plaintiff Amanda Strunk. (Myers, Christopher) (Entered: 07/16/2012)

July 16, 2012

July 16, 2012

PACER
62

RESPONSE to Motion re 61 MOTION FOR MISCELLANEOUS RELIEF RELATING TO NOTICE OF CLASS ACTION filed by Terry Martin. (Pautler, Kelly) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

PACER
63

NOTICE of Deadline: The Plaintiffs have until 7/20/2012 to file their reply brief to their 61 motion for miscellaneous relief. This is a text-only entry. (saj) (Entered: 07/18/2012)

July 18, 2012

July 18, 2012

PACER
64

REPLY to Response to Motion re 61 MOTION FOR MISCELLANEOUS RELIEF RELATING TO NOTICE OF CLASS ACTION filed by Joshua Cleveland, Amanda Strunk. (Smith, Ilene) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
65

ORDER GRANTING 61 REQUEST to Publish Notice of Class Certification in Two Newspapers as outlined. The parties are ORDERED to file a joint status report on/before 9/28/12 providing the status of the litigation. Signed by Judge Jon E DeGuilio on 7/24/12. (jcp) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
66

STATUS REPORT by Terry Martin. (Pautler, Kelly) (Entered: 09/28/2012)

Sept. 28, 2012

Sept. 28, 2012

RECAP
67

NOTICE of Hearing: The Court now sets this case for a Telephonic Status Conference 10/17/2012 11:15 AM before Judge Jon E DeGuilio. The Court will initiate the call to counsel C. Myers and R. Keen. This is a text-only entry. (saj) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
68

TELEPHONIC STATUS CONFERENCE held on 10/17/2012 before Judge Jon E DeGuilio. Pla appeared by atty Smith. Dft appeared by attys Posey, Keen & Pautler. Court conducted the status conference and will issue a written order summarizing the conference. 11:22-11:52 (Court Reporter Hoffman) (saj) (Entered: 10/18/2012)

Oct. 17, 2012

Oct. 17, 2012

PACER
69

ORDER. Discovery deadline is 1/18/2013. Joint Status Report due by 2/1/2013. Signed by Judge Jon E DeGuilio on 10/18/12. (cer) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

PACER
70

Joint Report to the Court by Amanda Strunk (Smith, Ilene) Modified on 2/6/2013 for clarity (lyf). (Entered: 02/04/2013)

Feb. 4, 2013

Feb. 4, 2013

PACER
71

NOTICE of Deadline: The parties are given until 3/8/2013 to file a joint status report indicating the willingness of all counsel in the related over-detention cases to participate in a joint mediation, as previously ordered [DE 69 at p. 2], and to also provide the status of any settlement relative to this case. This is a text-only entry. (saj) (Entered: 02/07/2013)

Feb. 7, 2013

Feb. 7, 2013

PACER
72

MOTION to Withdraw as Attorney by Defendant Terry Martin. (Keen, Robert) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
73

ORDER GRANTING 72 Motion to Withdraw as Attorney by Dft Terry Martin. Attorney Kelly J Pautler terminated. Signed by Magistrate Judge Roger B Cosbey on 2/19/2013. (lns) (Entered: 02/19/2013)

Feb. 19, 2013

Feb. 19, 2013

PACER
74

REPORT by Amanda Strunk Joint Report. (Smith, Ilene) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

PACER
75

NOTICE of Deadline: The parties are to file a joint status report regarding the status of any settlement by 5/3/2013. This is a text-only entry. (saj) (Entered: 04/05/2013)

April 5, 2013

April 5, 2013

PACER
76

STATUS REPORT by Amanda Strunk. (Myers, Christopher) (Entered: 05/03/2013)

May 3, 2013

May 3, 2013

PACER
77

MOTION to Withdraw as Attorney by Defendant Terry Martin. (Bauer, Diana) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

PACER
78

ORDER granting 77 Motion to Withdraw as Attorney. Attorney Diana Carol Bauer terminated. Signed by Magistrate Judge Roger B Cosbey on 5/10/13. (jld) (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

PACER
79

NOTICE of Deadline. Counsel to file an additional joint status report by 6/4/2013, to include the items noted in paragraph (b) of the joint report filed on 5/3/2013. This is a text-only entry. (saj) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
80

STATUS REPORT by Joshua Cleveland. (Myers, Christopher) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
81

NOTICE of Hearing: Telephonic Status Conference set for 6/27/2013 2:45 PM before Judge Jon E DeGuilio. Counsel will be informed of the telephone number and code to dial into the conference. This is a text-only entry. (saj) (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

PACER
82

NOTICE of Resetting of Hearing: To accommodate counsel, the Telephonic Status Conference is now reset from 6/27/2013 to 6/26/2013 9:45 AM before Judge Jon E DeGuilio. Counsel have been notified of the telephone number to call into. This is a text-only entry. (saj) (Entered: 06/18/2013)

June 18, 2013

June 18, 2013

PACER
83

TELEPHONIC STATUS CONFERENCE held on 6/26/2013 before Judge Jon E DeGuilio. Pla appeared by atty Myers. Dft appeared by attys Posey, Keen. Court heard from counsel. Parties have reached a resolution. By 7/26/2013, counsel should file a motion to seek preliminary approval of the consent decree along with briefs in support of the reasonableness of the agreement and how the protocol (if to be approved by the court) is consistent with the present state of the law, see e.g. Gerstein v. Pugh, 420 U.S. 103 (1975) and County of Riverside v. McLaughlin, 500 U.S. 44 (1991). 9:59-10:08 (Court Reporter Hoffman) (saj) (Entered: 06/26/2013)

June 26, 2013

June 26, 2013

PACER
84

Joint MOTION for Extension of Time to File Motion Seeking Preliminary Approval of Consent Decree and Supporting Briefs by Defendant Terry Martin. (Keen, Robert) (Entered: 07/25/2013)

July 25, 2013

July 25, 2013

PACER
85

ORDER granting 84 Joint Motion for Extension of Time to File. Counsel to file motion to seek preliminary approval of the consent decree along with briefs in support of the reasonableness of the agreement and how the protocol (if to be approved by the court) is consistent with the present state of the law by 8/9/2013. This is a text-only order by Judge Jon E DeGuilio on 7/26/2013. (saj) (Entered: 07/26/2013)

July 26, 2013

July 26, 2013

PACER
86

Joint MOTION to Clarify Court's Order on Parties' Joint Submissions and, if Appropriate, for Extension of Time to File Motion Seeking Preliminary Approval of Parties' Settlement by Defendant Terry Martin. (Keen, Robert) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
87

Joint MOTION Seeking Preliminary Approval of the Parties' Consent Decree and Attached Protocol by Defendant Terry Martin. (Attachments: # 1 Exhibit A - Consent Decree)(Keen, Robert) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
88

BRIEF in Support of 87 Joint MOTION Seeking Preliminary Approval of the Parties' Consent Decree and Attached Protocol filed by Terry Martin. (Keen, Robert) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

PACER
89

ORDER granting 86 joint Motion to clarify. The parties have until 8/30/2013 to file the settlement agreement, the distribution plan, and the fee request, along with their joint motion for the preliminary approval of the settlement agreement, and their brief on the fairness, reasonableness, and adequacy of the proposed settlement agreement and distribution of the settlement proceeds. This is a text-only order by Judge Jon E DeGuilio on 8/22/2013. (saj) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
90

MOTION for Extension of Time to File Proposed Settlement Agreement and Supporting Documents by Plaintiffs Joshua Cleveland, Amanda Strunk. (Myers, Christopher) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
91

ORDER granting unopposed 90 Motion for Extension of Time to File. The parties now have until 9/27/2013 to file the settlement agreement, the distribution plan, and the fee request, along with their joint motion for the preliminary approval of the settlement agreement, and their brief on the fairness, reasonableness, and adequacy of the proposed settlement agreement and distribution of the settlement proceeds. This is a text-only order by Judge Jon E DeGuilio on 8/30/2013. (saj) (Entered: 08/30/2013)

Aug. 30, 2013

Aug. 30, 2013

PACER
92

MOTION for Extension of Time to File Settlement Agreement and Related Filings by Plaintiffs Joshua Cleveland, Amanda Strunk. (Myers, Christopher) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
93

ENTRY FOR MAGISTRATE JUDGE ROGER B COSBEY GRANTING 92 MOTION for Extension of Time to File Settlement Agreement and Related Filings filed by Joshua Cleveland, Amanda Strunk. The parties have to and including October 28, 2013, to submit their Settlement Agreement and related settlement filings. So Ordered. (lns) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
94

NOTICE of Appearance by Cathleen M Shrader on behalf of Terry Martin (Shrader, Cathleen) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER
95

PLAINTIFFS' UNOPPOSED MOTION for Extension of Time to File Settlement Agreement and related filings by Plaintiffs Joshua Cleveland, Amanda Strunk. (Myers, Christopher) Modified text to match document's caption on 10/29/2013 (mc). (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

PACER
96

ENTRY for Magistrate Judge Roger B. Cosbey: The 95 Unopposed Motion for Extension of Time is granted. Pla granted to and including 11/18/2013 to submit Settlement Agreement and related settlement filings. So Ordered. (mr) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

PACER
97

MOTION for Interim Award of Fees and Costs by Plaintiffs Joshua Cleveland, Amanda Strunk. (Attachments: # 1 Affidavit Pat Proctor, # 2 Affidavit Alan VerPlanck, # 3 Exhibit Fee Itemization Strunk, # 4 Exhibit Fee Itemization Strunk, # 5 Exhibit Fee Itemization Cleveland, # 6 Exhibit Fee Itemization Cleveland)(Myers, Christopher) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
98

BRIEF in Support of 97 MOTION for Interim Award of Fees and Costs filed by Amanda Strunk, Joshua Cleveland. (Myers, Christopher) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

RECAP
99

MOTION for Extension of Time to File Settlement Agreement and Related Filings by Plaintiffs Joshua Cleveland, Amanda Strunk. (Smith, Ilene) (Entered: 11/18/2013)

Nov. 18, 2013

Nov. 18, 2013

PACER
100

RESPONSE to Motion re 97 MOTION for Interim Award of Fees and Costs filed by Terry Martin. (Shrader, Cathleen) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Policing

Key Dates

Filing Date: Jan. 21, 2010

Closing Date: Aug. 22, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals who were arrested without a warrant, from January 21, 2008 through March 7, 2011, and who were booked and/or placed into the LaGrange County Jail, and who were not brought before a judicial officer within forty-eight (48) hours after their arrest for a judicial probable cause hearing, and who were detained by the LaGrange County Sheriff in excess of forty-eight (48) hours after their arrest

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Lagrange County Sheriff (LaGrange), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,000,000.00

Content of Injunction:

Monitor/Master

Issues

General:

Over/Unlawful Detention