Case: Morris v. Sheriff of Allen County

COMPLAINT -Class Action- for Declaratory and Injunctive Relief Pursuant to Federal Rule of Civil Procedure 23(b)(2) against All Defendants ( Filing fee $ 400 receipt number 0755-4121701.), filed by VINCENT MORRIS. (Attachments: # 1 Proposed Summons, # 2 Civil Cover Sheet)(Falk, Kenneth) (Entered: 01/21/2020)

MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23(b)(2) by Plaintiff VINCENT MORRIS. (Falk, Kenneth) (Entered: 01/21/2020)

NOTICE of Appearance by Kenneth J Falk on behalf of VINCENT MORRIS (Falk, Kenneth) (Entered: 01/21/2020)

MEMORANDUM in Support of 2 MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23(b)(2) filed by VINCENT MORRIS. (Falk, Kenneth) (Entered: 01/21/2020)

NOTICE of Appearance by Stevie J Pactor on behalf of VINCENT MORRIS (Pactor, Stevie) (Entered: 01/21/2020)

NOTICE of Appearance by Samuel L Bolinger on behalf of VINCENT MORRIS (Bolinger, Samuel) (Entered: 01/21/2020)

Add and Terminate Judges

Judge Holly A Brady and Magistrate Judge Susan L Collins added. NEW CASE (Request for Injunctive Relief) and MOTION PENDING. (kjp)

Summons Issued as to Allen County Indiana, Sheriff of Allen County. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (kjp) (Entered: 01/22/2020)

ORDER: Pursuant to 28 U.S.C. § 137 and Local Rule 40-1(f)(2)(A), the Clerk of this Court is directed to randomly reassign this matter to a Presiding Judge in the Fort Wayne Division for all further proceedings. Judge Judge Holly A Brady recused. Case reassigned to Judge William C Lee for all further proceedings. Signed by Judge Holly A Brady on 1/27/2020. (lhc) (Entered: 01/27/2020)

Case Assigned/Reassigned

Case reassigned to Judge Damon R Leichty. Judge William C Lee no longer assigned to the case as it was assigned to him in error. (lhc)

SUMMONS Returned Executed by Vincent Morris. Allen County Indiana served on 1/27/2020, answer due 2/18/2020. (Pactor, Stevie) (Entered: 01/30/2020)

SUMMONS Returned Executed by Vincent Morris. Sheriff of Allen County served on 1/27/2020, answer due 2/18/2020. (Pactor, Stevie) (Entered: 01/30/2020)

NOTICE of Appearance by J Spencer Feighner on behalf of Sheriff of Allen County (Feighner, J) (Entered: 02/06/2020)

NOTICE of Appearance by John O Feighner on behalf of Sheriff of Allen County (Feighner, John) (Entered: 02/06/2020)

AGREED NOTICE to extend time to file answer filed by Sheriff of Allen County ; answer due by 3/17/2020. (Feighner, J) (Entered: 02/07/2020)

MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23(b)(2) by Defendant Sheriff of Allen County. (Feighner, J) (Entered: 02/07/2020)

NOTICE of Appearance by Ryan M Gardner on behalf of All Defendants (Gardner, Ryan) (Entered: 02/10/2020)

NOTICE of Appearance by Joshua A Burkhardt on behalf of All Defendants (Burkhardt, Joshua) (Entered: 02/10/2020)

ORDER for Magistrate Judge Susan Collins: Dft's 14 Unopposed Motion for Extension of Time is granted. Dft granted to and including 3/9/2020 to respond to Pla's Motion for Class Certification. Text entry order. (mr) (Entered: 02/11/2020)

Order on Motion for Extension of Time to File Response/Reply

MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23(b)(2) by Defendants Allen County Indiana, Sheriff of Allen County. (Gardner, Ryan) (Entered: 02/19/2020)

**STRICKEN PURSUANT TO DE 20 ** Proposed Pretrial Order for Extention of Time to Respond to Motion for Class Certification by Allen County Indiana, Sheriff of Allen County. (Gardner, Ryan) Modified on 2/21/2020 (mr). (Entered: 02/19/2020)

ORDER for Magistrate Judge Susan Collins: The 18 Unopposed Motion for Extension of Time to Respond to Motion for Class Certification is granted. Dft granted to and including 3/9/2020 to respond to Pla's 2 Motion for Class Certification. The proposed 19 Order for extension of time is hereby STRICKEN as Orders are to be submitted to the Chambers inbox and not filed on the record. Text entry order. (mr) (Entered: 02/21/2020)

~Util - Terminate Motions

~Util - Set Deadlines

Order

STIPULATION to Certify Case as a Class Action by Plaintiff Vincent Morris. (Falk, Kenneth) (Entered: 03/09/2020)

ANSWER to 1 Complaint, by Allen County Indiana.(Burkhardt, Joshua) (Entered: 03/09/2020)

ANSWER to 1 Complaint, and Affirmative Defenses by Sheriff of Allen County.(Feighner, J) (Entered: 03/16/2020)

NOTICE of Hearing: Telephonic Rule 16 Preliminary Pretrial Conference set for 4/14/2020 at 10:00 AM in US District Court - Fort Wayne before Magistrate Judge Susan L Collins. (mr) (Entered: 03/17/2020)

MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (mr) (Entered: 03/17/2020)

ORDER GRANTS 2 MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23(b)(2) by Plaintiff VINCENT MORRIS and 21 STIPULATION to Certify Case as a Class Action by Plaintiff Vincent Morris. The court CERTIFIES a class consisting of "all persons currently confined, or who will in the future be confined, in the Allen County Jail." Additionally, under Fed. R. Civ. P. 23(g), Kenneth Falk, Stevie Pactor, and Samuel Bolinger are appointed as counsel for the class. Signed by Judge Damon R Leichty on 3/17/2020. (lhc) (Entered: 03/18/2020)

REPORT of Rule 26(f) Planning Meeting. (Falk, Kenneth) (Entered: 04/07/2020)

TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 4/14/2020 before Magistrate Judge Susan L Collins. Pla appeared by atty Kenneth Falk. Dfts appeared by attys Spencer Feighner and Joshua Burkhardt. The 27 Report of the Parties Planning Meeting is approved in all respects (except establishment of a trial date) and is hereby made an ORDER of the Court. Kevin Fitzharris appointed as Mediator. Atty Feighner to notify Mediator by letter, copy to all counsel. The presiding judge will hold a status conference to set a final pretrial conference and trial. To facilitate this status conference and a prompt trial date, the last date to file any discovery-related nondispositive motion shall be 30 days prior to the discovery deadline. No motion to extend discovery or to continue other pretrial deadlines will be approved after this motion deadline, except upon a showing of extraordinary reasons directed to the presiding judge. Good cause will not be sufficient to constitute an extraordinary reason. Accordingly, the parties are advised to complete timely discovery and, if necessary, file any motion to continue pretrial deadlines, motion to compel, or such motions that may impact the schedule well in advance of this motion deadline to permit any necessary briefing and time for the court to rule. Magistrate Consent forms due by 5/5/2020. (FTR 1st floor.) (mr) (Entered: 04/14/2020)

Pretrial Conference - Preliminary - customized ddls & hrgs

SCHEDULING ORDER AND MEMORANDUM OF PRELIMINARY PRETRIAL CONFERENCE: Initial Disclosures to be exchanged by 5/21/2020. Fact and Expert Discovery deadline is 4/21/2021 The serving of reports from retained experts under Rule 26(a)(2) are due from Plaintiff by 1/21/2021; and from Defendants by 2/21/2021. Supplementation under Rule 26(e) due every six weeks until trial. The last date to seek leave of Court to amend the pleadings as to Plaintiff is 6/22/2020; as to Defendants is 7/21/2020. Dispositive motions to be filed by 5/24/2021. The last date to file any discovery-related non-dispositive motion shall be 30 days prior to the discovery deadline. The parties have agreed upon Kevin Fitzharris as mediator. Signed by Magistrate Judge Susan L Collins on 4/14/2020. (lhc) on 4/15/2020 (lhc). (Entered: 04/14/2020)

NOTICE of Appearance by Theodore T Storer on behalf of All Defendants (Storer, Theodore) (Entered: 07/16/2020)

REPORT of Mediation by Kevin Fitzharris.(Fitzharris, Kevin) (Entered: 07/31/2020)

MOTION to Extend Certain Scheduling Deadlines (Unopposed) by Plaintiff Vincent Morris. (Falk, Kenneth) (Entered: 12/30/2020)

ORDER for Magistrate Judge Susan Collins: The 32 Unopposed Motion to Extend Certain Scheduling Deadlines is granted. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 5/21/2021. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 6/21/2021. Discovery deadline is 8/23/2021. Dispositive motions to be filed by 9/24/2021. Text entry order.(mr) (Entered: 01/04/2021)

Order on Motion for Miscellaneous Relief

REPORT of Mediation by Kevin Fitzharris.(Fitzharris, Kevin) (Entered: 01/28/2021)

Joint MOTION to Further Extend Certain Scheduling Deadlines by Plaintiff Vincent Morris. (Falk, Kenneth) (Entered: 05/14/2021)

Interim REPORT of Mediation by Kevin Fitzharris.(Fitzharris, Kevin) (Entered: 05/18/2021)

ORDER for Magistrate Judge Susan Collins: The 35 Joint Motion to Further Extend Certain Scheduling Deadlines is granted. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 7/20/2021. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 8/20/2021. Discovery deadline is 10/22/2021. Dispositive motions to be filed by 11/22/2021. Text entry order. (mr) (Entered: 05/18/2021)

MOTION for Leave to File Excess Pages in Memorandum in Support of Motion for Summary Judgment- Unopposed- by Plaintiff Vincent Morris. (Falk, Kenneth) (Entered: 08/11/2021)

ORDER for Magistrate Judge Susan Collins: Plaintiff's 38 Unopposed Motion to File Oversized Memorandum in Support of Motion for Summary Judgment is granted. Plaintiffs are granted leave to file an oversized memorandum of no more than 35 pages in support of their motion for summary judgment. Text entry order.(mr) (Entered: 08/11/2021)

Order on Motion for Leave to File Excess Pages

MOTION for Summary Judgment by Plaintiff Vincent Morris. (Attachments: # 1 Exhibit Butler Deposition, # 2 Exhibit Miller Deposition, # 3 Exhibit Kiekbusch Declaration, # 4 Exhibit Interrogatories, # 5 Exhibit Herron Declaration, # 6 Exhibit Davis Declaration, # 7 Exhibit Greenlee Declaration, # 8 Exhibit Hecke Declaration, # 9 Exhibit Eguia Declaration, # 10 Exhibit Tate Declaration, # 11 Exhibit Johnson Declaration, # 12 Exhibit Armour Declaration, # 13 Exhibit Perkins Declaration, # 14 Exhibit Perry Declaration, # 15 Exhibit Beachem Declaration, # 16 Exhibit Miller-Declaration, # 17 Exhibit Ricksy-Declaration, # 18 Exhibit Bryant-Declaration, # 19 Exhibit Jail Rules, # 20 Exhibit Wilson Deposition, # 21 Exhibit Cloud Deposition, # 22 Exhibit Kerley Deposition, # 23 Exhibit Commissioner Minutes, # 24 Exhibit Census Reports)(Falk, Kenneth) (Entered: 08/23/2021)

MEMORANDUM in Support of 40 MOTION for Summary Judgment filed by Vincent Morris. (Falk, Kenneth) (Entered: 08/23/2021)

**STRICKEN per DE 41 Order**Letter from Steven J. Hecke to Kenneth J. Falk, re: Witnessed Medical Emergency, Callousness, and Safety issues. (Attachments: # 1 Envelope) (lhc) Modified on 9/15/2021 to strike (mrm). (Entered: 09/13/2021)

ORDER: The Court DIRECTS the Clerk to STRIKE Hecke's pro se filing 42 Letter from Steven J. Hecke to Kenneth J. Falk, re: Witnessed Medical Emergency, Callousness, and Safety issues. Signed by Magistrate Judge Susan L Collins on 9/15/2021. (Copy mailed to pro se party)(mrm) (Entered: 09/15/2021)

Joint MOTION for Extension of Time to File Response/Reply as to 41 Memorandum in Support, 40 MOTION for Summary Judgment by Defendant Sheriff of Allen County. (Feighner, J) (Entered: 09/20/2021)

ORDER for Magistrate Judge Susan Collins: 44 Dfts' Unopposed Motion for Extension of Time is granted. Dfts granted to and including 10/20/2021 to file a response to 40 Plas' Motion for Summary Judgment. Text entry order. (mr) (Entered: 09/21/2021)

Order on Motion for Extension of Time to File Response/Reply

Second MOTION for Extension of Time to File Response/Reply by Defendant Allen County Indiana. (Storer, Theodore) (Entered: 10/18/2021)

ORDER granting 46 Motion for Extension of Time to File Response/Reply; Defendants' response to 40 motion for summary judgment to be filed by 11/1/2021. Text-only order by Judge Damon R Leichty on 10/19/21. (dk) (Entered: 10/19/2021)

Order on Motion for Extension of Time to File Response/Reply

NOTICE: Because the discovery period in this case has now concluded and there are no pending non-dispositive motions, the referral to Magistrate Judge Susan L Collins is now terminated. All further matters will now be handled by Judge Damon R Leichty unless otherwise directed. This entry constitutes the court's order on this matter and shall carry the same weight and authority as a written order signed by the judge. (mr) (Entered: 10/25/2021)

Bright Line Notice

RESPONSE to Motion re 40 MOTION for Summary Judgment filed by Sheriff of Allen County. (Feighner, J) (Entered: 11/01/2021)

RESPONSE to Motion re 40 MOTION for Summary Judgment filed by Allen County Indiana. (Attachments: # 1 Supplement Declaration of Richard Beck)(Storer, Theodore) (Entered: 11/01/2021)

REPLY to Response to Motion re 40 MOTION for Summary Judgment filed by Vincent Morris. (Attachments: # 1 Exhibit Supplemental Declaration of Hecke)(Falk, Kenneth) (Entered: 11/11/2021)

MOTION for Oral Argument by Plaintiff Vincent Morris. (Falk, Kenneth) (Entered: 11/11/2021)

ORDER granting 52 motion for oral argument; The court SETS a status conference and oral argument on 40 motion for summary judgment for 12/16/2021 01:30 PM (EST) in US District Court - South Bend before Judge Damon R Leichty via Zoom. Connection link to be forwarded to all parties by email. Text-only order by Judge Damon R Leichty on 11/16/21. (dk) (Entered: 11/16/2021)

Order on Motion for Miscellaneous Relief

ZOOM MOTION HEARING held on 12/16/2021 re 40 MOTION for Summary Judgment filed by Vincent Morris before Judge Damon R Leichty. Pla appeared by attys Falk, Bolinger, Pactor. Dft appeared by attys JS Feighner, Storer, Feighner. The court hears from the parties. Plaintiff to submit proposed order as stated on the record. (Court Reporter D. Bonk.) (dk) (Entered: 12/16/2021)

Motion Hearing

ORDER: As discussed at the 12/16/21 Zoom Motion Hearing, the court ORDERED the plaintiffs to submit a proposed form of order to the defendants that would include any factual findings as well as the text of any injunction order by 1/13/22. The court ORDERED the defendants to communicate back with the plaintiffs any concerns regarding the proposed order and to meet and confer within 28 days after the plaintiffs tender the proposed order. The court ORDERED the plaintiffs to file the proposed order with the court 14 days after the meet and confer. The defendants may also file any objections within the 14-day period. Text-only order by Judge Damon R Leichty on 12/21/21. (dk) (Entered: 12/21/2021)

Order

NOTICE by Vincent Morris of Plaintiffs' Submission of Proposed Summary Judgment Factual Findings and Order (Falk, Kenneth) (Entered: 02/02/2022)

OBJECTION by Sheriff of Allen County to 56 Notice (Other) Plaintiffs' Submission of Proposed Summary Judgment Factual Findings and Order. (Feighner, J) (Entered: 02/07/2022)

OBJECTION by Allen County Indiana to 56 Notice (Other) Plaintiffs' Submission of Proposed Summary Judgment Factual Findings and Order. (Attachments: # 1 Exhibit Proposed Amended Findings)(Storer, Theodore) (Entered: 02/07/2022)

MOTION to File Reply to Defendants' Objections to the Plaintiffs' Notice of Submission of Proposed Summary Judgment Factual Findings and Order by Plaintiff Vincent Morris. (Attachments: # 1 Exhibit Proposed Reply)(Falk, Kenneth) (Entered: 02/10/2022)

OPINION AND ORDER: The court GRANTS the class's summary judgment motion (ECF 40 ), their motion for leave to reply to the objections to the proposed factual findings and order (ECF 59 ), and the request for a permanent injunction.Accordingly, the court ORDERS that defendants are permanently enjoined to take all necessary and appropriate steps as outlined in the order. The court will conduct a status conference on June 16, 2022 at 1:30 p.m. in a Fort Wayne courtroom. The parties to comply with all deadlines as outlined in the opinion and order. This court DIRECTS entry of final judgment for the class and against the defendants accordingly. The plaintiffs are prevailing parties and are entitled to their costs and reasonable attorney fees pursuant to 42 U.S.C. § 1988. Signed by Judge Damon R Leichty on 3/31/2022. (rmc)

CLERK'S ENTRY OF JUDGMENT. (rmc) (Entered: 03/31/2022)

REPORT by Allen County Indiana, Sheriff of Allen County in Response to Court Order Doc 60. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Storer, Theodore) (Entered: 05/16/2022)

STATEMENT - Plaintiffs' Response and Objection to Defendants' Submission in Response to Order filed by Vincent Morris. (Attachments: # 1 Exhibit Recreation schedule, # 2 Exhibit Daily population reports, # 3 Exhibit Population spreadsheet, # 4 Exhibit Status report - Huerta)(Falk, Kenneth) (Entered: 05/22/2022)

MOTION for Attorney Fees and Costs by Plaintiff Vincent Morris. (Attachments: # 1 Declaration-Kenneth J. Falk, # 2 Declaration Stevie J. Pactor, # 3 Declaration Samuel L. Bolinger)(Falk, Kenneth) (Entered: 05/27/2022)

MEMORANDUM in Support of 64 MOTION for Attorney Fees and Costs filed by Vincent Morris. (Falk, Kenneth) (Entered: 05/27/2022)

MOTION Substitute Correct Attachment by Plaintiff Vincent Morris. (Attachments: # 1 Declaration of Samuel Bolinger)(Falk, Kenneth) (Entered: 05/27/2022)

Reply by Sheriff of Allen County to 63 Statement, . (Attachments: # 1 Exhibit 1 - Jail Population Records)(Feighner, J) (Entered: 06/10/2022)

STATEMENT Reply by Allen County to Plaintiffs' Response or Objection re 63 Statement, filed by Allen County Indiana. (Storer, Theodore) (Entered: 06/10/2022)

NOTICE of Appearance by Diana C Bauer on behalf of Help Not Handcuffs Coalition (Bauer, Diana) (Entered: 06/15/2022)

MOTION for Leave to File Brief as Amicus Curiae by Defendant Help Not Handcuffs Coalition. (Bauer, Diana) (Entered: 06/15/2022)

RESPONSE to Motion re 70 MOTION for Leave to File Brief as Amicus Curiae filed by Sheriff of Allen County. (Feighner, J) (Entered: 06/16/2022)

STATUS CONFERENCE held on 6/16/2022 before Judge Damon R Leichty. Pla appeared by attys Falk, Pactor, Bolinger. Dfts appeared by attys Feighner, Storer. The court hears from the parties. The court ORDERS the parties to meet and confer within 14 days to discuss the formalization of a Committee. Defendants to file a written report by 7/14/22 regarding progress towards short and long-term solutions. The report must define the long-term solution and include thoughtful benchmarks. Plaintiffs to respond by 7/28/22. For reasons stated, plaintiff's 64 motion for attorney fees and costs and 66 motion to substitute are GRANTED. The court DEFERS ruling on 70 motion for amicus curiae. Status Conference set for 8/25/2022 10:30 AM (EDT) in US District Court - Fort Wayne before Judge Damon R Leichty. (Court Reporter D. Bonk.) (dk) (Entered: 06/17/2022)

~Util - Terminate Motions AND ~Util - Set Hearings AND Status Conference

~Util - Terminate Motions AND Status Conference AND ~Util - Set Hearings

~Util - Set Hearings AND ~Util - Terminate Motions AND Status Conference

NOTICE by Allen County Indiana re 70 MOTION for Leave to File Brief as Amicus Curiae (Attachments: # 1 Exhibit Exhibit A to Notice Regarding Motion for Amicus Curiae)(Storer, Theodore) (Entered: 06/30/2022)

REPORT by Sheriff of Allen County . (Attachments: # 1 Exhibit A - Inmate Population Reports)(Feighner, J) (Entered: 07/14/2022)

NOTICE OF SUPPLEMENTAL SUBMISSION IN RESPONSE TO ORDER by Allen County Indiana to 72 Status Conference,,,, Set Hearings,,,, Terminate Motions,,, . (Storer, Theodore) (Entered: 07/14/2022)

TRANSCRIPT of HEARING held on JUNE 16, 2022, before Judge Damon R Leichty. Court Reporter Debra Bonk, Telephone 574-246-8039, E-mail debra_bonk@innd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 8/3/2022. Redaction Request due 8/15/2022. Redacted Transcript Deadline set for 8/25/2022. Release of Transcript Restriction set for 10/24/2022. (db) (Entered: 07/25/2022)

STATEMENT -Response to Defendants' Supplemental Reporting filed by Vincent Morris. (Attachments: # 1 Exhibit May-Violent Incident Report, # 2 Exhibit June-Violent Incident Report, # 3 Exhibit Marion Superior Court Order, # 4 Exhibit Letter to Stakeholders)(Falk, Kenneth) (Entered: 07/27/2022)

REPORT by Vincent Morris as to Jail Population. (Attachments: # 1 Exhibit Population Report 7/12/22-8/16/22)(Falk, Kenneth) (Entered: 08/22/2022)

STATUS CONFERENCE held on 8/25/2022 before Judge Damon R Leichty. Plaintiffs appeared by attys Falk, Pactor, Bolinger. Defendants appeared by attys Storer, JS Feighner, JO Feighner. Diana Bauer appeared on behalf of Help Not Handcuffs Coalition. The court hears from the parties. For reasons stated, the court GRANTS 70 motion for leave to file brief as Amicus Curiae and grants Help Not Handcuffs permission to participate by way of an Amicus. The court ORDERS defendants to file status report by 11/30/22. Plaintiffs to file response by 12/7/22. Status Conference set for 12/16/2022 10:00 AM (EST) in US District Court - Fort Wayne before Judge Damon R Leichty. (Court Reporter D. Bonk.) (dk) (Entered: 08/26/2022)

Letter