Case: Mast v. Indiana Department of Corrections

2:05-cv-00037 | U.S. District Court for the Southern District of Indiana

Filed Date: Feb. 3, 2005

Closed Date: July 23, 2019

Clearinghouse coding complete

Case Summary

On February 3, 2005, inmates confined to the Secured Housing Unit ("SHU") at the Wabash Valley Correctional Facility in Indiana filed a class-action lawsuit in the U.S. District Court for the Southern District of Indiana under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU National Prison Project and the ACLU of Indiana, asked the court for declaratory and injunctive relief, claiming that the confinement of certain mentally ill prisoners there was unconstitutional. On March 10, 2005,…

On February 3, 2005, inmates confined to the Secured Housing Unit ("SHU") at the Wabash Valley Correctional Facility in Indiana filed a class-action lawsuit in the U.S. District Court for the Southern District of Indiana under 42 U.S.C. § 1983. The plaintiffs, represented by the ACLU National Prison Project and the ACLU of Indiana, asked the court for declaratory and injunctive relief, claiming that the confinement of certain mentally ill prisoners there was unconstitutional.

On March 10, 2005, the District Court (Judge Larry J. McKinney) certified the case as a class action. The class was defined as all prisoners currently, and in the future, confined within the Secured Housing Unit at the Wabash Valley Correctional Facility who were mentally ill.

Following two years of litigation and several court-ordered settlement conferences, the parties reached a tentative settlement of the case in the form of a private settlement agreement ("Mast Agreement"). The Mast Agreement provided that it was inappropriate for the Indiana Department of Corrections (IDOC) to place seriously mentally ill prisoners into the SHU or into any correctional setting that features isolation and solitary confinement and the IDOC agreed to abandon that practice. The Mast Agreement further called for the IDOC to provide appropriate mental health treatment for seriously mentally ill prisoners, in a setting and settings other than the SHU. Monitoring of IDOC's implementation of the agreement provision was set for a two-year period.

The parties submitted the agreement to Judge McKinney for approval. Class notices were sent and the matter was set for an approval hearing on March 30, 2007, before Judge McKinney. On November 26, 2007, Judge McKinney approved the settlement and ordered the case stayed for two years, thereafter to be dismissed without prejudice.

On October 7, 2008, a mentally ill prisoner filed pro se a motion to hold the defendants in contempt of court for violating the settlement agreement and award of punitive damages for continuing to confine him in the SHU and then moving him to a facility that was similar to the SHU.

On December 31, 2009, Judge McKinney closed and dismissed the case without prejudice pursuant to the terms in the Mast Agreement.

In 2019, the case was reopened. On March 18, 2019, the parties stipulated to terminating the Mast Agreement because of the related settlement agreement in Indiana Protection and Advocacy Services Commission v. Commissioner, Indiana

Department of Correction ("IPAS Agreement"). Specifically, the IPAS agreement prohibited the placement of seriously mentally ill persons in segregation or segregation-like settings for more than 30 days. The IDOC interpreted the class affected by the IPAS Agreement to be slightly narrower than the class in this case. The IPAS Agreement was scheduled to expire on March 25, 2019, but IDOC agreed to extend it if the Mast Agreement was terminated. Because of the IPAS Agreement's immediate,

concrete benefits to IDOC prisoners, the parties agreed to terminate the Mast Agreement and extend the IPAS Agreement. On March 19, 2019, the case was reassigned to Judge James Patrick Hanlon, who approved the parties' stipulated agreement and closed the case on July 23, 2019.

Summary Authors

Kristen Sagar (10/2/2008)

Jessica Kincaid (7/21/2014)

Elena Malik (3/13/2020)

Related Cases

Indiana Protection and Advocacy Services (IPAS) Commission v. Commissioner, Indiana Department of Correction, Southern District of Indiana (2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14120864/parties/mast-v-donahue/


Judge(s)

Hanlon, James Patrick (Indiana)

Hussmann, William G. Jr. (Indiana)

McKinney, Larry J. (Indiana)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Falk, Kenneth J. (Indiana)

Fathi, David Cyrus (District of Columbia)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Bramer, Richard M (Indiana)

Weaver, Todd (Colorado)

Judge(s)

Hanlon, James Patrick (Indiana)

Hussmann, William G. Jr. (Indiana)

McKinney, Larry J. (Indiana)

Attorneys(s) for Plaintiff

Alexander, Elizabeth R. (District of Columbia)

Falk, Kenneth J. (Indiana)

Fathi, David Cyrus (District of Columbia)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Bramer, Richard M (Indiana)

Weaver, Todd (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Mast v. Donahue

Jan. 8, 2020 Docket
1

Complaint for Declaratory and Injunctive Relief

Mast v. Donahue

Feb. 3, 2005 Complaint
18

Order Certifying Case as Class Action

Mast v. Donahue

March 10, 2005 Order/Opinion

Private Settlement Agreement Between Defendants and Plaintiffs

Mast v. Donahue

Jan. 1, 2007 Order/Opinion
104

ORDER FINDING PRIVATE SETTLEMENT AGREEMENT TO BE FAIR

Mast v. Donahue

Nov. 26, 2007 Settlement Agreement
123

Motion [For Order Holding Defendants In Contempt Of Court For Violating The Settlement Agreement And For Award Of Punitive Damages]

Mast v. Donahue

Oct. 7, 2008 Pleading / Motion / Brief
133

Order Dismissing Case Without Prejudice

Mast v. Donahue

Dec. 31, 2009 Order/Opinion
138

Stipulation to Terminate Private Settlement Agreement Following Notice to the Class and Approval by the Court Joint Motion to Approve Manner of Notice

Mast v. Donahue

March 18, 2019 Pleading / Motion / Brief
145

Plaintiffs’ Motion to Approve Amended Class Notice

Mast v. Donahue

March 20, 2019 Pleading / Motion / Brief
152

Report of Class Counsel

Mast v. Donahue

June 10, 2019 Pleading / Motion / Brief

Resources

Title Description External URL

Prisoners' Rights Lawyers' Strategies for Preserving the Role of the Courts

Margo Schlanger

This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The … Dec. 1, 2015 http://lawreview.law.miami.edu/...

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14120864/mast-v-donahue/

Last updated May 19, 2022, 11:56 p.m.

ECF Number Description Date Link
138

Stipulation

March 18, 2019 PACER
1

COMPLAINT for Declaratory and Injunctive Relief against J. DAVID DONAHUE, CRAIG HANKS , filed by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (Attachments: # 1 (2) (3) (NKD, ) (Entered: 02/03/2005)

Feb. 3, 2005
2

CIVIL COVER SHEET by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (NKD, ) (Entered: 02/03/2005)

Feb. 3, 2005
139

Motion (Other)

1 Proposed class notice

View on PACER

2 Text of Proposed Order

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March 18, 2019 PACER
3

Summons Issued as to J. DAVID DONAHUE, CRAIG HANKS, STEVE CARTER. (NKD, ) (Entered: 02/03/2005)

Feb. 3, 2005
140

Reassignment Order

March 19, 2019 PACER
4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction (NKD, ) (Entered: 02/03/2005)

Feb. 3, 2005
141

Reassignment Letter (Recusal/Related Case/Workload/Other)

March 19, 2019 PACER
142

Order on Motion

March 20, 2019 PACER
5

MAGISTRATE JUDGE'S Summary of CMP Notice (NKD, ) (Entered: 02/03/2005)

Feb. 3, 2005
6

RECEIPT #201−1137 in the amount of $ 150.00 filing fee. (NKD, ) (Entered: 02/03/2005)

Feb. 3, 2005
143

Order Reopening Case

March 20, 2019 PACER
7

MOTION for Class Certification by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (NKD, ) (Entered: 02/03/2005)

Feb. 3, 2005
144

SCHEDULING Order

March 20, 2019 PACER
145

Motion (Other)

1 Amended class notice

View on PACER

2 Text of Proposed Order

View on PACER

March 20, 2019 PACER
8

MEMORANDUM in Support re 7 MOTION for Class Certification filed by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (NKD, ) (Entered: 02/03/2005)

Feb. 3, 2005
9

NOTICE of Appearance by Richard M. Bramer on behalf of J. DAVID DONAHUE, CRAIG HANKS (Bramer, Richard) (Entered: 02/14/2005)

Feb. 14, 2005
146

Order on Motion

April 2, 2019 PACER
147

Leave to File

1 Exhibits

View on PACER

April 17, 2019 PACER
10

RETURN of Service by CMRRR J. DAVID DONAHUE served on 2/8/2005. (NKD, ) (Entered: 02/16/2005)

Feb. 16, 2005
11

RETURN of Service by CMRRR CRAIG HANKS served on 2/7/2005. (NKD, ) (Entered: 02/16/2005)

Feb. 16, 2005
148

Letter

1 Envelope

View on PACER

May 2, 2019 PACER
149

Motion (Other)

1 Exhibit

View on PACER

May 3, 2019 PACER
12

RETURN of Service by CMRRR Steve Carter, Attorney General of State of Indiana. (NKD, ) (Entered: 02/16/2005)

Feb. 16, 2005
13

MOTION for Extension of Time to March 28, 2005 in which to 1 Complaint to be answered by all defendants. (Attachments: # 1 Text of Proposed Order)(Bramer, Richard) (Entered: 02/28/2005)

Feb. 28, 2005
150

Declaration

1 Exhibit

View on PACER

May 15, 2019 PACER
14

ORDER granting 13 Defendants' Motion for Extension of Time to File response to Plaintiff's Complaint to and including 3/28/2005 . Signed by Judge William G. Hussmann Jr. on 3/1/2005. (FBD) (Entered: 03/01/2005)

March 1, 2005
151

Order on Motion for Leave to File

June 7, 2019 PACER
152

Report

1 Exhibit Bates

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2 Exhibit Cuckovic

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3 Exhibit Dimmett

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4 Exhibit Douglass

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5 Exhibit Hale

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6 Exhibit Justise

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7 Exhibit Grimsley

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8 Exhibit McDaniel

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9 Exhibit Miller

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10 Exhibit Riley

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11 Exhibit Robertson

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12 Exhibit Spivey

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13 Exhibit Valle

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14 Exhibit Phipps

View on PACER

15 Exhibit Prisoner A- Seal Notice

View on PACER

16 Exhibit Prisoner B- Seal Notice

View on PACER

17 Exhibit Prisoner C- Seal Notice

View on PACER

18 Exhibit Prisoner D- Seal Notice

View on PACER

19 Exhibit Prisoner E- Seal Notice

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20 Exhibit Prisoner F- Seal Notice

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21 Exhibit Prisoner G- Seal Notice

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22 Exhibit Prisoner H- Seal Notice

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23 Exhibit Prisoner I- Seal Notice

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24 Exhibit Prisoner J- Seal Notice

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25 Exhibit Prisoner K- Seal Notice

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26 Exhibit Prisoner L- Seal Notice

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27 Exhibit DSM-IV Excerpt

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June 10, 2019 PACER
15

NOTICE of Change of Address of Co−Counsel by Kenneth J. Falk (Falk, Kenneth) (Entered: 03/07/2005)

March 7, 2005
153

SEALED Motion (Motion filed under Seal) (Case Participants - doc)

June 10, 2019 PACER
16

NOTICE of Filing Proposed Order by all plaintiffs (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/08/2005)

March 8, 2005
17

NOTICE of Filing of Substitute Proposed Order by all plaintiffs (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/09/2005)

March 9, 2005
154

Seal a Document (Motion to Seal or Motion to Maintain Under Seal)

1 Text of Proposed Order

View on PACER

June 10, 2019 PACER
155

Brief/Memorandum in Support

June 10, 2019 PACER
18

ORDER granting plaintiffs' 7 Motion to Certify Class; it is ORDERED that this case is certified as a class for injunctive and declaratory relief; it is further ORDERED that class is defined as; all prisoners currently, and in the future, confined within the Secured Housing Unit at the Wabash Valley Correctional Facility who are mentally ill; it is further ORDERED that Kenneth J. Falk and David C. Fathi are appointed as counsel for class pursuant to Rule 23(g) of Federal Rules of Civil Procedure. Signed by Judge Larry J. McKinney on 03/10/05. cm (NKD, ) (Entered: 03/10/2005)

March 10, 2005
156

Order on Sealed Motion (Case Participants - doc)

June 17, 2019 PACER
19

Second MOTION for Extension of Time to March 30, 2005 to answer Plaintiffs' Complaint by all defendants. (Attachments: # 1 Text of Proposed Order)(Bramer, Richard) (Entered: 03/28/2005)

March 28, 2005
157

Notice (Other)

1 Text of Proposed Order

View on PACER

June 18, 2019 PACER
20

ANSWER to Complaint and affirmative defenses by J. DAVID DONAHUE, CRAIG HANKS.(Bramer, Richard) (Entered: 03/30/2005)

March 30, 2005
158

Notice (Other)

June 20, 2019 PACER
21

ORDER granting 19 Defendant, Deputy Attorney General's Motion for Extension of Time to File answer to Plaintiff's Complaint to and including 3/30/2005 . Signed by Judge William G. Hussmann Jr. on 3/31/2005. (FBD) (Entered: 03/31/2005)

March 31, 2005
22

NOTICE by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS Following Rule 26(f) Conference Outlining Discovery Plan (Falk, Kenneth) (Entered: 03/31/2005)

March 31, 2005
159

Notice (Other)

1 Text of Proposed Order

View on PACER

June 24, 2019 PACER
23

NOTICE of Service of Initial Disclosures by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS (Falk, Kenneth) (Entered: 04/08/2005)

April 8, 2005
160

Status Conference

June 25, 2019 PACER
24

NOTICE of Substitution of Appearance by David A. Arthur replacing Richard M. Bramer, Deputy Attorney General on behalf of J. DAVID DONAHUE, CRAIG HANKS (Arthur, David) (Entered: 05/09/2005)

May 9, 2005
161

Notice (Other)

1 Exhibit Letter from Mr. Sims

View on PACER

June 27, 2019 PACER
162

Notice (Other)

July 2, 2019 PACER
25

NOTICE of Appearance by Todd A. Weaver on behalf of J. DAVID DONAHUE, CRAIG HANKS (Weaver, Todd) (Entered: 05/17/2005)

May 17, 2005
163

ORDER - On March 18, 2019, the parties filed a Stipulation to Terminate the Private Settlement Agreement Following Notice to the Class and Approval by the Court ("the Stipulated Agreement"). On June 20, 2019, the Court conducted a fairn ess hearing, as required under Federal Rule of Civil Procedure 23(e). For the reasons that follow, the Court finds that the Stipulated Agreement is fair, reasonable, and adequate, and approves the termination of the Private Settlement Agreement. D kt. 138 . Extending the operation of the IPAS Agreement will bring immediate, concrete benefits to many current and future DOC prisoners with serious mental illness. In contrast, the continued existence of the Mast Agreement would likely bring v ery little benefit to very few, if any, DOC prisoners. The agreement to terminate the Mast Agreement is fair, reasonable, and adequate. The parties' Stipulated Agreement is acknowledged and allowed to take effect. A separate order closing the case shall now issue. (See Order.) Signed by Judge James Patrick Hanlon on 7/23/2019. (DMW)

July 23, 2019 RECAP
26

STIPULATION to Enter Qualified Protective Order Pursuant to the Health Insurance Portability and Accountability Act (Joint) by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/20/2005)

May 20, 2005
164

Closed Dismissed

July 23, 2019 PACER
27

Unopposed MOTION to Give Notice to Class by all plaintiffs. (Attachments: # 1 Text of Proposed Order # 2 Exhibit A − Class Notice)(Falk, Kenneth) (Entered: 05/20/2005)

May 20, 2005
28

ORDER GRANTING Joint Stipulation to Enter Qualified Protective Order. (SEE ENTRY). Signed by Judge William G. Hussmann Jr. on 5/25/2005. (FBD) (Entered: 05/25/2005)

May 25, 2005
165

Submission

Jan. 9, 2020 PACER
29

ORDER DIRECTING NOTICE TO PLAINTIFF CLASS (SEE ENTRY). Signed by Judge William G. Hussmann Jr. on 5/25/2005. (FBD) (Entered: 05/25/2005)

May 25, 2005
30

SCHEDULING ORDER: TELEPHONIC Status Conference set for 8/24/2005 02:00 PM before Magistrate Judge William G. Hussmann Jr . Signed by Judge William G. Hussmann Jr. on 6/13/05. (TMD) (Entered: 06/13/2005)

June 13, 2005
31

MOTION reqeust for copy of court record by BRIAN MAST. (VS, ) (Entered: 06/23/2005)

June 23, 2005
32

STIPULATION −Joint Supplemental− to Enter Qualified Protective Order Pursuant to the Health Insurance Portability and Accountability Act by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 06/28/2005)

June 28, 2005
33

ENTRY directing furhter proceedings; counsel for plaintiff shall respond appropriately to request for putative class member Dominguez regarding action; request has been filed and scanned into the clerk's docket. Signed by Judge Larry J. McKinney on 06/28/05. (VS, ) (Entered: 06/28/2005)

June 28, 2005
34

Qualified PROTECTIVE ORDER Pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge William G. Hussmann Jr. on 6/29/05. (TMD) (Entered: 06/29/2005)

June 29, 2005
35

NOTICE by BRIAN MAST, MICHAEL WOODS, EUGENE WELLS Concerning Matthew Dominguez (Falk, Kenneth) (Entered: 07/01/2005)

July 1, 2005
37

MOTION for transfer to another facility by BRIAN MAST. (NKD, ) (Entered: 08/09/2005)

Aug. 9, 2005
38

ENTRY directing further proceedings; denying 37 Motion to transfer to another prison. Signed by Judge Larry J. McKinney on 08/18/05. (VS, ) (Entered: 08/18/2005)

Aug. 18, 2005
39

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Telephonic Status Conference held on 8/24/2005. Parties are directed to file joint CMP by 9/09/05. (TMD) (Entered: 09/01/2005)

Sept. 1, 2005
40

CASE MANAGEMENT PLAN TENDERED by all plaintiffs. (Attachments: # 1 Mag. Judge's Summary of Case Mgt. Plan)(Falk, Kenneth) (Entered: 09/07/2005)

Sept. 7, 2005
41

ORDER: CASE MANAGEMENT PLAN APPROVED. SCHEDULING ORDER:The Conference set 8/24/05 WAS HELD. Settlement Conference set for 3/16/2006 10:00 AM in room #210 before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 9/12/05. (TMD) (Entered: 09/13/2005)

Sept. 12, 2005
42

Witness List and Exhibit List −Preliminary− by all plaintiffs. (Falk, Kenneth) (Entered: 10/11/2005)

Oct. 11, 2005
43

Exhibit List and Witness List by J. DAVID DONAHUE, CRAIG HANKS.. (Arthur, David) (Entered: 11/10/2005)

Nov. 10, 2005
44

Joint MOTION to Extend Case Management Deadlines by all plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/29/2005)

Dec. 29, 2005
45

MOTION to Establish Trial Date by all plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 12/29/2005)

Dec. 29, 2005
46

ORDER granting 45 Motion for order to establish trial date. Court Trial set for 7/10/2006 09:30 AM in room #215 before Judge Larry J. McKinney. Signed by Judge William G. Hussmann Jr. on 1/04/06. (TMD) (Entered: 01/04/2006)

Jan. 4, 2006
47

ORDER granting 44 Motion to Extend Case Management Deadlines . Signed by Judge William G. Hussmann Jr. on 1/04/06. (TMD) (Entered: 01/04/2006)

Jan. 4, 2006
48

Minute Entry on unscheduled conference call held 1/06/06:Court Trial set for 7/10/06 is VACATED AND RESET to 8/28/2006 (7 days) at 09:00 AM in room #215 before Judge Larry J. McKinney. The settlement conference set 3/16/06 is confirmed. Signed by Judge William G. Hussmann Jr. on 1/12/06. (TMD) (Entered: 01/12/2006)

Jan. 12, 2006
49

Unopposed MOTION for Extension of Time to April 4, 2006 to Serve Expert Reports by all plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/23/2006)

March 23, 2006
50

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Settlement Conference held on 3/16/2006. Current trial setting of 8/28/06 is CONFIRMED. Defendants counsel is directed to make arrangements to have the first day of the trial conducted at the Wabash Valley CorrectionalFacility in Carlisle, Indiana, commencing at 9:00 a.m. (EDT), and to have thesecond day of the trial (August 29, 2006) conducted at the New CastleCorrectional Facility in New Castle, Indiana, commencing at 9:00 a.m. (EDT). Allsubsequent days of the trial will be conducted in Courtroom 202 of the U.S.Courthouse in Indianapolis, Indiana. (TMD) (Entered: 03/24/2006)

March 23, 2006
51

ORDER granting plaintiffs' 49 Motion for Extension of Time; plaintiffs are to serve their expert reports no later than 04/04/06, with defendant to file their reports 30 days thereafter . Signed by Judge Larry J. McKinney on 03/28/06. (NKD, ) (Entered: 03/28/2006)

March 28, 2006
52

NOTICE by all plaintiffs of Service of Experts' Reports on Defendants (Falk, Kenneth) (Entered: 04/04/2006)

April 4, 2006
53

Unopposed MOTION for Extension of Time to 05/05/2006 to file witness and exhibit lists by J. DAVID DONAHUE, CRAIG HANKS. (Attachments: # 1 Text of Proposed Order)(Arthur, David) (Entered: 04/27/2006)

April 27, 2006
55

ORDER granting 53 Motion for Extension of Time to File witness and exhibit lists to 05/05/06 . Signed by Judge Larry J. McKinney on 05/02/06. (VS, ) (Entered: 05/02/2006)

May 2, 2006
56

Joint MOTION to Extend Case Management Deadlines So That Parties May Pursue Settlement by all plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/05/2006)

May 5, 2006
57

ORDER granting 56 Motion to Extend Case Management Deadline. Final witness and exhibit list and expert disclosure due 6/09/06. Dispositive Motions due by 7/7/2006. Motions to preclude or limit expert testimony shall be filed no later than 8/11/06. Parties shall file a status report concerning settlement no later than 6/05/06. Signed by Judge William G. Hussmann Jr. on 5/10/06. (TMD) (Entered: 05/10/2006)

May 10, 2006
58

SCHEDULING ORDER: Final Pretrial Conference set for 8/11/06 at 11:00 AM in room #204 before Judge Larry J. McKinney. Signed by Judge Larry J. McKinney on 05/10/06. (GJQ) (Entered: 05/10/2006)

May 10, 2006
59

STATUS REPORT (Joint) by all plaintiffs. (Falk, Kenneth) (Entered: 06/05/2006)

June 5, 2006
60

Order on Attorney Conference call held 5/31/06. Settlement Conference set for 7/6/2006 09:30 AM in room #210 before Magistrate Judge William G. Hussmann Jr. Current trial setting of 8/28/06 remains on calendar. Other internal litigation deadlines are STAYED until a settlement conference can be held. Signed by Judge William G. Hussmann Jr. on 6/05/06. (TMD) (Entered: 06/05/2006)

June 5, 2006
61

ORDER APPROVING 59 Status Report filed by BRIAN MAST,, MICHAEL WOODS,, EUGENE WELLS. Settlement conference set 7/6/06 at 9:30 am. Signed by Judge William G. Hussmann Jr. on 6/09/06. (TMD) (Entered: 06/09/2006)

June 9, 2006
62

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Settlement Conference held on 7/6/2006. (SMD) (Entered: 07/21/2006)

July 20, 2006

SCHEDULING ORDER: Status Conference set for 7/24/2006 01:30 PM Telephonic before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 7/20/06. (SMD) (Entered: 07/21/2006)

July 21, 2006
63

MOTION to Withdraw as Attorney by J. DAVID DONAHUE, CRAIG HANKS. (Attachments: # 1 Text of Proposed Order)(Weaver, Todd) (Entered: 07/25/2006)

July 25, 2006
64

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Telephonic Status Conference held on 7/24/2006. (TMD) (Entered: 07/25/2006)

July 25, 2006

SCHEDULING ORDER: Final pre−trial conference set 8/11/06 and trial date of 8/28/06 are VACATED. Bench Trial set (7 days) for 11/13/2006 09:00 AM in room #215 before Judge Larry J. McKinney. Final Pretrial Conference set for 10/19/2006 11:00 AM in room #204 before Judge Larry J. McKinney. Settlement Conference set for 8/28/2006 01:30 PM in room #328 before Magistrate Judge William G. Hussmann Jr. Discovery due by 9/22/2006. Signed by Judge William G. Hussmann Jr. on 7/25/06. (TMD) (Entered: 07/25/2006)

July 25, 2006
65

ORDER granting 63 Motion to Withdraw as Attorney. Apppearance of Todd A. Weaver for defendants is withdrawn. Signed by Judge William G. Hussmann Jr. on 7/26/06. (TMD) (Entered: 07/26/2006)

July 26, 2006
66

MOTION for Defendants to Bring a Representative of the New Castle Correctional Facility to October 11, 2006 Settlement Conference , filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS., (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/25/2006)

Sept. 25, 2006
67

ORDER granting 66 Motion for Defendants to Bring a Representative of the New Castle Correctional Facility to the 10/11/06 Settlement Conference. Signed by Judge William G. Hussmann Jr. on 10/5/06. (SMD) (Entered: 10/05/2006)

Oct. 5, 2006
68

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Status Conference held on 9/13/2006. (SMD) (Entered: 10/05/2006)

Oct. 5, 2006
69

Joint MOTION for Continuance of Trial and Final Pre−Trial Conference , filed by Plaintiffs BRIAN MAST, MICHAEL WOODS, EUGENE WELLS., (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 10/11/2006)

Oct. 11, 2006
70

ENTRY for 10/11/06: The parties appeared in person and by counsel for Settlement Conference. Conference held and concluded w/o resolution., SCHEDULING ORDER:Settlement Conference set for 11/6/2006 01:30 PM in room #355 before Magistrate Judge John Paul Godich. The parties were ordered to appear in person and by counsel and Defts were ordered to produce CMA representatives. Signed by Judge John Paul Godich on 10/11/06. (SWM) (Entered: 10/13/2006)

Oct. 11, 2006
71

ORDER granting 69 Motion for Continuance. Trial set 11/13/06 and final pretrial conference set 10/19/06 are VACATED. TElephonic Status Conference set for 1/3/2007 05:00 PM (bridge) before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 10/12/06. (TMD) (Entered: 10/13/2006)

Oct. 12, 2006
72

ORDER: The parties appeared by counsel for Telephone Status Conference on 12/6/06. SCHEDULING ORDER: Status Conference set for 12/22/2006 11:00 AM in room #355 before Magistrate Judge John Paul Godich. Pltfs are ordered to appear by counsel. Defts are ordered to appear by counsel and with appropriate representatives of the IDOC. Signed by Judge John Paul Godich on 12/7/06. (SWM) (Entered: 12/08/2006)

Dec. 7, 2006

State / Territory: Indiana

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Feb. 3, 2005

Closing Date: July 23, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All prisoners currently, and in the future, confined within the Secured Housing Unit at the Wabash Valley Correctional Facility who were mentally ill.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Indiana Department of Corrections, State

Secured Housing Unit at the Wabash Valley Correctional Facility, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2007 - 2019

Content of Injunction:

Monitoring

Issues

General:

Classification / placement

Solitary confinement/Supermax (conditions or process)

Affected Gender:

Male

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run