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Case: Taifa v. Bayh

3:92-cv-00429 | U.S. District Court for the Northern District of Indiana

Filed Date: May 6, 1992

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On May 6, 1992, inmates at the Maximum Control Complex in Westville, Indiana (MCC) filed a class action lawsuit under 42 U.S.C. § 1983, against the Governor of Indiana, and the State Department of Corrections (DOC), in Marion County Superior Court. The plaintiffs, filing pro se and subsequently represented by ACLU of Indiana, asked the court for declaratory and injunctive relief, as well as damages, complaining that conditions and practices at the prison violated their Eighth and Fourteenth Ame…

On May 6, 1992, inmates at the Maximum Control Complex in Westville, Indiana (MCC) filed a class action lawsuit under 42 U.S.C. § 1983, against the Governor of Indiana, and the State Department of Corrections (DOC), in Marion County Superior Court. The plaintiffs, filing pro se and subsequently represented by ACLU of Indiana, asked the court for declaratory and injunctive relief, as well as damages, complaining that conditions and practices at the prison violated their Eighth and Fourteenth Amendment rights. Specifically, the plaintiff alleged long term solitary confinement; arbitrary and irrational rules; physical abuse; denial of visitation; inadequate medical, and mental health care; inadequate educational, vocational training, recreational, and rehabilitative programs. Upon motion by the defendants, the case was removed to the U.S. District Court for the Southern District of Indiana on May 29, 1992, and ultimately transferred to the U.S. District Court for the Northern District of Indiana on July 7, 1992.

After consolidating this case with several others, the Court (Chief Judge Allen Sharp) on September 22, 1992 referred the case to Magistrate Judge Robin D. Pierce for settlement conference. Several conferences were held, and a settlement agreement was reached between the two parties.

Approval of the settlement

On January 5, 1994, Judge Pierce submitted his report and recommendation that the Court approve the Agreed Entry (AE) reached by the parties. On February 11, the Court (Judge Sharp), noting that the AE went well beyond constitutional minima, adopted the report and recommendation, approved and entered the AE. Taifa v. Bayh, 846 F. Supp 723 (N.D. Ind. 1994). It went into effect on February 15, 1994. Several inmates appealed the matter despite recommendations by the court that they would not get a better settlement for injunctive relief.

The AE provided for: the assignment of prisoners out of the MCC only under specified conditions; the transfer of prisoners out of the MCC after a specified period of time, provided that certain conditions are met; a commissary at the MCC, with a list of particular items to be made available; inmate access to radios and televisions under specified conditions and at inmate expense; expanded visitation and telephone privileges; the availability of additional reading materials for prisoners; increased opportunities for prisoner recreation; increased privileges with respect to keeping of personal property in cells and in the storage room; improvements in the condition of bedding; a decrease in the intensity of the 24-hour lights in the cells; additional access by prisoners to personal hygienic items; the establishment of a policy concerning the use of force by DOC personnel; expanded provisions for medical care, including mandatory psychiatric evaluations for all prisoners upon their admittance to the MCC; an expanded law library containing specified reference materials, and provisions for greater access to legal materials by prisoners; increased educational opportunities for prisoners; a substance abuse program; and improvements in inmate grievance procedures. Taifa v. Bayh, 846 F. Supp 723 (N.D. Ind. 1994).

On September 9, 1994, the Court (Judge Sharp) granted a motion by plaintiffs for attorney's fees. After Magistrate Judge Roger B. Cosbey conducted conferences on the matter, he issued a report and recommendation on November 30, 1994, that the order granting fees be vacated. Pursuant to the Seventh Circuit granting appeal on December 12, 1994, the Court (Judge Sharp) vacated the order granting fees to the plaintiffs' attorneys as moot on December 21, 1994.

On February 5, 1996, the U.S. Court of Appeals for the Seventh Circuit (Judge Ilana Diamond Rovner) affirmed the District Court's acceptance of the AE. This was the Seventh Circuit's review of Judge Sharp's February 11, 1994 order, which was appealed by several of the individual plaintiffs. The Seventh Circuit found that there was no abuse of discretion by the District Court and held that the AE was not defeated by allegedly unlawful provisions, and could reasonably be found to be fair and adequate relief. Isby v. Bayh, 75 F.3d 1191 (7th Cir. 1996).

Enforcement of the settlement

By May 16, 1994, the Court had received several (and in some cases duplicate) motions for contempt by one of the prisoners. At that time, Judge Sharp issued an order denying all such motions. The motions by the inmate increased in frequency and duplicity until October 24, 1994, when Magistrate Judge Pierce issued a report and recommendation that all of the inmate's motions and objections be denied, and that he be barred from submitting any more before the Court. The inmate was allowed to make motions only when he also presented a sworn affidavit listing the names, dates, and specific allegations, and that the matter had not been previously submitted to the court. The Court (Judge Sharp) accepted the report and recommendation on November 4, 1994. Taifa v. Bayh, 867 F. Supp 799 (N.D. Ind. 1994).

On August 22, 1995, the Court (Judge Sharp) issued an order regarding the contempt motions filed by several of the inmates in the previous year. On April 6, 1995, several alleged violations of the AE were remedied, and the remaining violations were consolidated to 6 issues before the court. They dealt with: conduct board hearings; law clerks for prisoners with special needs; law library visits, and legal materials for prisoners in disciplinary segregation; availability of prisoner's handbook; classification; and fruit juice availability at the commissary. The Court (Judge Sharp) accepted the report and recommendation of Magistrate Judge Pierce, and denied the contempt motions regarding fruit juice and circulation of the handbook, but granted the other four. Taifa v. Bayh, No. 3:92-cv-0429 AS, 1995 WL 646300 (N.D. Ind. Aug. 22, 1995). Some inmates appealed the matter.

One of the motions referenced in the August 22, 1995, order was a motion for contempt or in the alternative preliminary injunction regarding the placement of the one of the prisoner plaintiffs felt was in the MCC in violation of the AE. On September 26, 1995, the Court (Judge Sharp) denied this motion. The court found that--notwithstanding the settlement terms that required more--the prisoner had no constitutional liberty interest in more process than he was afforded. Taifa v. Bayh, No. 3:92-cv-0429 AS, 1995 WL 803816 (N.D. Ind. Sept. 26, 1995).

The U.S. Court of Appeals for the Seventh Circuit (Judge Kenneth Francis Ripple) reversed and remanded the District Court's two contempt orders in September 1996. On appeal, the defendants argued that because portions of the AE incorporated Indiana State Law, the Eleventh Amendment did not permit a Federal Court to order compliance with state law, and thus review was inappropriate. The Seventh Circuit (Judge Ripple) disagreed, and found that the AE only borrowed relevant definitions from the state law, and did not rely on state law for enforcement. Komyatti v. Bayh, 96 F.3d 955 (7th Cir. 1996). The Court reversed the August 22, 1995 order of the District Court denying two of the six contempt motions, and remanded the case for proceedings consistent.

Damage actions

The plaintiffs litigated damages pro se, and individually. On June 6, 1996, the U.S. District Court for the Northern District of Indiana disposed of an individual plaintiff's damages claims against the defendants. The Court (Magistrate Judge Pierce) found that the plaintiff's claims were unclear as to whether damages occurred before or after the February 15, 1994 AE went into effect, making them possibly moot. The complaint and hearings were also unclear about who was actually injured, as several witnesses talked about their own injuries, not those of the individually complaining inmate. The Court found no actual constitutional damages claim either. Judge Pierce recommended that the Eleventh Amendment should bar individual damages suit against the defendants in their official capacities, and since the plaintiff made no specific complaint to any defendant in his or her individual capacity, the complaint should be held moot. Taifa v. Bayh, No. 3:92-cv-0429 AS, 1996 WL 441809 (N.D. Ind. June 6, 1996). On July 24, 1996, Chief Judge Sharp adopted and ordered the report and recommendation. Isby v. Bayh, No. 3:92-cv-0429 AS, 1996 WL 441820 (N.D. Ind. July 24, 1996).

Modification of the Settlement

According to the Human Rights Watch Report Cold Storage, in October 1996, the Indiana DOC obtained a modification of the Agreed Entry to permit it to turn three-quarters of the prison (renamed the MCF) into a facility housing inmates serving long-term disciplinary sentences from around the state. In order to secure plaintiffs' consent to the modification of the Agreed Entry, the State agreed that treatment of disciplinary segregation inmates at the MCF would be softer than such prisoners would receive elsewhere. For example, the modified Agreed Entry required two hours of recreation per day for disciplinary segregation inmates at the MCF, compared to the half hour per day then provided at the alternative Secure Housing Unit.

On September 12, 1997, the Court (Judge Sharp) reaffirmed the disposal of injunctive claims pursuant to the partial judgment of February 15, 1994. Then, on December 18, 1997, the Court denied a non-party plaintiff's complaint of violation of the AE regarding limitations on shower time, law library access time, and recreation time. Various inmates filed more motions for contempt and all were denied.

Termination of prospective relief

On August 7, 2003, the defendants filed a motion to terminate all prospective relief granted and approved so far. On October 27, 2003, the U.S. District Court for the Northern District of Indiana (Judge Sharp) granted the motion to terminate relief pursuant to the Prison Litigation Reform Act (PLRA), disposed of all motions before the Court, and terminated the case.

On May 1, 2006, class member Eric D. Smith filed a pro se motion for contempt against defendants alleging several violations of the AE. On May 3, 2006, the defendants responded to the contempt motion by noting that the case and the AE had been terminated and thus there was not an existing order in place for the court to enforce. Smith replied by alleging that he was never given notice of the October 27, 2003 termination order, and prayed for relief from the court against the resurgence of old practices at the MCC. Following a hearing on September 11, 2006, the District Court (Judge Sharp) denied Smith's contempt motion as moot. Another non-party class member filed a pro se motion for contempt on July 30, 2009. Within the week, the District Court denied the motion, referring the potential class member to class counsel.

The case is closed.

Summary Authors

Greg Venker (3/6/2007)

Maurice Youkanna (7/16/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/9822568/parties/taifa-v-bayh/


Judge(s)

Allen, Charles Mengel (Kentucky)

Coffey, John Louis (Wisconsin)

Cummings, Walter Joseph (Illinois)

Flaum, Joel Martin (Illinois)

Pierce, Robin D. (Indiana)

Ripple, Kenneth Francis (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Sharp, Allen (Indiana)

Simon, Philip P. (Indiana)

Wood, Diane Pamela (Illinois)

Judge(s)

Allen, Charles Mengel (Kentucky)

Coffey, John Louis (Wisconsin)

Cummings, Walter Joseph (Illinois)

Flaum, Joel Martin (Illinois)

Pierce, Robin D. (Indiana)

Ripple, Kenneth Francis (Indiana)

Rovner, Ilana Kara Diamond (Illinois)

Sharp, Allen (Indiana)

Simon, Philip P. (Indiana)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Buckman, Sheila (Indiana)

Falk, Kenneth J. (Indiana)

Finlayson, Craig R. (Indiana)

Hardy, Scott (Indiana)

Hillman, Peggy A. (Indiana)

Isby, Aaron (Indiana)

Kashani, Hamid R. (Indiana)

Morse, Franklin A. II (Michigan)

Palmer, Robert J. (Indiana)

Waples, Richard A. (Indiana)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Carter, Pamela (Indiana)

Fogle, Andrew J. (Indiana)

Johnson, Carl L. (Indiana)

Koester, Randall (Indiana)

Lahn, Seth M. (Indiana)

Lipton, Suzann W. (Indiana)

Lupton, Suzann W. (Indiana)

Outlaw, Ricky (Indiana)

Stahl, Jerry (Indiana)

Uhl, Wayne Elliott (Indiana)

Documents in the Clearinghouse

Document

3:92-cv-00429

Docket [PACER]

Dec. 21, 2009

Dec. 21, 2009

Docket

49D07-9205-CP-498

Plaintiffs' First Amended Complaint

Indiana state trial court

May 22, 1992

May 22, 1992

Complaint
131

3:92-cv-00429

Order

Feb. 11, 1994

Feb. 11, 1994

Order/Opinion

3:92-cv-00429

Agreed Entry

March 31, 1994

March 31, 1994

Settlement Agreement
304

3:92-cv-00429

Order

June 28, 1994

June 28, 1994

Order/Opinion

3:92-cv-00429

Order Vacating Order of September 9, 1994

Sept. 9, 1994

Sept. 9, 1994

Order/Opinion
451

3:92-cv-00429

Memorandum and Order

Nov. 8, 1994

Nov. 8, 1994

Order/Opinion
580

3:92-cv-00429

Report and Recommendation

July 5, 1995

July 5, 1995

Order/Opinion
591

3:92-cv-00429

Report and Recommendation

July 20, 1995

July 20, 1995

Order/Opinion
607

3:92-cv-00429

Order

Faifa v. Bayh

Aug. 22, 1995

Aug. 22, 1995

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9822568/taifa-v-bayh/

Last updated Dec. 5, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

ORIGINAL file, certified copy of transfer order and docket sheet received from SDIN at Indianapolis; Class Action Allegation; Amended Complaint; Answer of all defts (wsy) (Entered: 03/16/1993)

July 10, 1992

July 10, 1992

PACER
11

MINUTES: before Chief Judge Allen Sharp, Case consolidated 3:92-cv-429 with member cases 3:91-cv-474, 3:91-cv-584, 3:91-cv-623, 3:92-cv-27, 3:92-cv-49, 3:92-cv-66, 3:92-cv-67, 3:92-cv-84, 3:92-cv-116, 3:92-cv-164, 3:92-cv-208, 3:92-cv-371, 3:92-cv-472, 3:92-cv-529 (cc: all counsel) (wsy) (Entered: 03/20/1993)

Sept. 21, 1992

Sept. 21, 1992

PACER
12

ORDER by Chief Judge Allen Sharp Case referred to Judge Robin D. Pierce for settlement conf. (cc: all counsel) (wsy) (Entered: 03/20/1993)

Sept. 22, 1992

Sept. 22, 1992

PACER
26

MOTION by Roosevelt Williams for prod of doc's (wsy) (Entered: 03/20/1993)

March 8, 1993

March 8, 1993

PACER
27

MOTION by Roosevelt Williams for appointment of special monitor (wsy) (Entered: 03/20/1993)

March 8, 1993

March 8, 1993

PACER
28

ORDER by Judge Robin D. Pierce ;settlement conference set for 10:00 4/13/93 at WCC (cc: all counsel) (wsy) (Entered: 03/20/1993)

March 16, 1993

March 16, 1993

PACER
29

MOTION by plaintiffs to separate claim of William Samply (wsy) (Entered: 03/20/1993)

March 17, 1993

March 17, 1993

PACER
30

ORDER by Chief Judge Allen Sharp granting motion to separate claim of William Samply S92-20M [29-1]. (cc: all counsel) (wsy) (Entered: 04/14/1993)

April 12, 1993

April 12, 1993

PACER
31

ORDER by Judge Robin D. Pierce ;settlement conference held 4/13/93 ;settlement conference continued to 10:00 4/29/93, (cc: all counsel) (klb) (Entered: 04/15/1993)

April 14, 1993

April 14, 1993

PACER

MINUTES: before Judge Robin D. Pierce ; Settlement conference held 4/29/93 (Court Employee)

April 29, 1993

April 29, 1993

PACER
32

MOTION by defendant Evan Bayh, defendant James E Aiken, defendant Norman G Owens, defendant John Nunn, defendant Charles E Wright to consolidate cases, and to stay proceedings (blh) (Entered: 06/02/1993)

May 28, 1993

May 28, 1993

PACER
33

ORDER by Chief Judge Allen Sharp granting motion to stay proceedings [32-2] consolidating cases 3:92-cv-429 with member cases 3:92-cv-769 and 3:93cv51 (cc: all counsel) (wsy) (Entered: 06/04/1993)

June 2, 1993

June 2, 1993

PACER
34

ORDER by Chief Judge Allen Sharp denying motion for appointment of special monitor [27-1], denying motion for prod of doc's [26-1] w/leave to renew (cc: all counsel) (wsy) (Entered: 06/07/1993)

June 4, 1993

June 4, 1993

PACER
35

MOTION to intervene by Yazid Abdul-Wadood (wsy) (Entered: 06/07/1993)

June 4, 1993

June 4, 1993

PACER
36

MEMORANDUM in support of motion to intervene by Yazid Abdul-Wadood [35-1] (wsy) (Entered: 06/07/1993)

June 4, 1993

June 4, 1993

PACER
37

NOTICE by cnsl for plaintiffs (Hamid R. Kashani) of change of address (wsy) (Entered: 06/10/1993)

June 9, 1993

June 9, 1993

PACER
38

ORDER by Mag Judge Robin D. Pierce further settlement conference set for 10:30 7/19/93 w/respect to the class action only (cc: all counsel) (wsy) (Entered: 06/30/1993)

June 29, 1993

June 29, 1993

PACER
39

MOTION by Roosevelt Williams for preliminary injunction (wsy) (Entered: 07/06/1993)

July 2, 1993

July 2, 1993

PACER
40

MEMORANDUM by Roosevelt Williams in support of motion for preliminary injunction [39-1] (wsy) (Entered: 07/06/1993)

July 2, 1993

July 2, 1993

PACER
41

MEMORANDUM AND ORDER: by Chief Judge Allen Sharp Motion to intervene fld b y Lokmar Yazid Abdul-Wadood and memo in sppt referred to Mag Judge Robin D. Pierce (cc: all counsel) (wsy) (Entered: 07/06/1993)

July 6, 1993

July 6, 1993

PACER
42

LETTER from Michael Hegwood directed to Richard Waples ICLU (wsy) (Entered: 07/16/1993)

July 14, 1993

July 14, 1993

PACER
43

OBJECTIONS by Michael Hegwood to proposed agreed entry of ICLU (wsy) (Entered: 07/16/1993)

July 14, 1993

July 14, 1993

PACER
44

LETTER from Edward Broadus re: class action interests (wsy) (Entered: 07/16/1993)

July 14, 1993

July 14, 1993

PACER
45

OBJECTIONS by Robert Taulton re: agreed entry (wsy) (Entered: 07/16/1993)

July 14, 1993

July 14, 1993

PACER
46

OBJECTIONS by Billy Brown re: agreed entry (wsy) (Entered: 07/16/1993)

July 14, 1993

July 14, 1993

PACER
47

OBJECTIONS by Roosevelt Williams to agreed entry (wsy) (Entered: 07/16/1993)

July 14, 1993

July 14, 1993

PACER
48

OBJECTIONS by Michael Hegwood re: agreed entry (wsy) (Entered: 07/16/1993)

July 14, 1993

July 14, 1993

PACER
49

LETTER from Michael Hegwood re: prison conditions & class action (wsy) (Entered: 07/16/1993)

July 15, 1993

July 15, 1993

PACER
50

OBJECTIONS by Shomari O'Bam re: DOC proposal (wsy) (Entered: 07/16/1993)

July 16, 1993

July 16, 1993

PACER
51

LETTER from plaintiff Mark S Douglas re oppo to settlement and letter to ICLU, Richard Waples (smp) (Entered: 07/21/1993)

July 19, 1993

July 19, 1993

PACER

MINUTES: before Judge Robin D. Pierce, ;Settlement conference held 7/19/93 (lpw)

July 19, 1993

July 19, 1993

PACER
52

LETTER from plaintiff Edward Broadus re class action treatment by defts. (smp) (Entered: 07/22/1993)

July 20, 1993

July 20, 1993

PACER
53

REPORT AND RECOMMENDATION concerning motion to intervene by Yazid Abdul-Wadood [35-1] to Chief Judge Allen Sharp by Mag Judge Robin D. Pierce (cc: Judge Sharp, all counsel) (smp) (Entered: 07/26/1993)

July 23, 1993

July 23, 1993

PACER
54

COPY OF LETTER from Michael Hegwood to Hamid R. Kashani (wsy) (Entered: 07/28/1993)

July 26, 1993

July 26, 1993

PACER

RECEIPT from Michael A. Hegwood of proposed Recommendation for Resolution re: class (wsy)

July 29, 1993

July 29, 1993

PACER
55

LETTER from Billy Brown re: class representatives (wsy) (Entered: 08/03/1993)

Aug. 2, 1993

Aug. 2, 1993

PACER
56

STATUS REPORT by plaintiffs cnsl re:9/2/93 ddl for conf statement (wsy) (Entered: 08/27/1993)

Aug. 25, 1993

Aug. 25, 1993

PACER
57

LETTER form Agreed Entry Form Opposing the Agreed Entry from Roosevelt Williams (wsy) (Entered: 08/27/1993)

Aug. 26, 1993

Aug. 26, 1993

PACER
58

LETTER agreed entry Opposing Agreed Entry from Mark S Douglas aka Shaka Shakur (wsy) (Entered: 08/27/1993)

Aug. 26, 1993

Aug. 26, 1993

PACER
59

ORDER by Mag Judge Robin D. Pierce. Ptys to submit a confidential settlement statement re: money damage claims on/bef 9/2/93 (cc: all counsel) (wsy) (Entered: 08/31/1993)

Aug. 30, 1993

Aug. 30, 1993

PACER
60

ORDER by Judge Robin D. Pierce; the court now grants the parties to and including 9/9/93 in which to file their settlement memoranda.(cc: all counsel) (lpw) (Entered: 09/03/1993)

Sept. 3, 1993

Sept. 3, 1993

PACER
61

LETTER from Aaron Isby re: Agreed Entry form (opposing entry) (wsy) (Entered: 09/09/1993)

Sept. 7, 1993

Sept. 7, 1993

PACER
62

LETTER from Aaron Isby requesting copy of a motion to modify fld by Paul Komyatti. Such motion not found (wsy) (Entered: 09/10/1993)

Sept. 8, 1993

Sept. 8, 1993

PACER
63

LETTER from Kataza Taifa re: agreed entry/opposing same (wsy) (Entered: 09/15/1993)

Sept. 14, 1993

Sept. 14, 1993

PACER
64

MEMORANDUM AND ORDER: by Chief Judge Allen Sharp approving REPORT AND RECOMMENDATION [53-1], denying motion to intervene by Yazid Abdul-Wadood [35-1] (cc: all counsel) (smp) (Entered: 09/17/1993)

Sept. 16, 1993

Sept. 16, 1993

PACER
65

MOTION by plaintiffs for hearing on agreed entry (wsy) (Entered: 09/21/1993)

Sept. 20, 1993

Sept. 20, 1993

PACER
66

ORDER by Chief Judge Allen Sharp Class Action Cases are referred to Mag Judge Robin D. Pierce to conduct a hrg on agreed entry and to submit R&R when completed (cc: all counsel) (wsy) (Entered: 09/24/1993)

Sept. 23, 1993

Sept. 23, 1993

PACER
67

ORDER by Judge Robin D. Pierce ; the court now schedules this matter for a hearing on the Agreed Entry on 10/12/93 at 9:30 Am (South Bend time) at the Maximum Control Complex in Westville, IN (cc: all counsel, J. Sharp, M. Scott, USM) (lpw) (Entered: 09/27/1993)

Sept. 27, 1993

Sept. 27, 1993

PACER
68

MOTION by Roosevelt Williams for modification to agreed entry w/agreed entry attached (wsy) (Entered: 09/28/1993)

Sept. 27, 1993

Sept. 27, 1993

PACER
69

RESPONSE by John Charles Cole Jr to Agreed Entry (wsy) (Entered: 10/05/1993)

Oct. 4, 1993

Oct. 4, 1993

PACER
70

MOTION by non-pty prisoner Jeberekiahe Kelubal (SDIN) for writ to attend all hrgs re: class action suit (wsy) (Entered: 10/05/1993)

Oct. 4, 1993

Oct. 4, 1993

PACER
77

MOTION by Aaron Isby for writ (wsy) (Entered: 10/12/1993)

Oct. 7, 1993

Oct. 7, 1993

PACER
71

ORDER TO PRODUCE PRISONER by Judge Robin D. Pierce; produce the body of Michael Hegwood for hrg. on 10/12/93 at 10:45AM. (cc: Supt. MCC, Chief, Federal Litigation Section of IAG) (lpw) (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
72

ORDER TO PRODUCE PRISONER by Judge Robin D. Pierce; to produce the body of AARON ISBY for hrg. on 10/12/93 at 11:00AM. (cc: Supt. MCC, Chief Federal Litigation of IAG) (lpw) (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
73

ORDER TO PRODUCE PRISONER by Judge Robin D. Pierce; to produce the body of ROBERT JENKINS for hrg. on 10/12/93 at 11:15 AM. (cc: Supt. MCC, Chief, Federal Litigation Section of IAG) (lpw) (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
74

ORDER TO PRODUCE PRISONER by Judge Robin D. Pierce; to produce the body of PAUL KOMYATTI for hrg on 10/12/93 at 11:30 AM. (cc: Supt. MCC, Chief Federal Litigation Section of IAG) (lpw) (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
75

ORDER TO PRODUCE PRISONER by Judge Robin D. Pierce; to produce the body of JAMES E. SHROPSHIRE for hrg. on 10/12/93 at ll:45AM. (cc: Supt. MCC, Chief Federal Litigation Section of IAG). (lpw) (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
76

ORDER TO PRODUCE PRISONER by Judge Robin D. Pierce; to produce the body of ROOSEVELT WILLIAMS for hrg. on 10/12/93 at 1:15PM. (cc: Supt. MCC, Chief Federal Litigation Sectin of IAG) (lpw) (Entered: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
78

RESPONSE by Michael Hegwood in 3:92-cv-00429 in partial opposition to class-action agreed entry (wsy) (Entered: 10/12/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
79

MEMORANDUM by Michael Hegwood in 3:92-cv-00429 in support of response [78-1] in 3:92-cv-00429 (wsy) (Entered: 10/12/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
80

MOTION by Paul Komyatti in 3:92-cv-00429 to modify agreed entry (wsy) (Entered: 10/12/1993)

Oct. 8, 1993

Oct. 8, 1993

PACER
81

LETTER from Abdal Bivi (sp?) re: agreed entry (wsy) (Entered: 10/20/1993)

Oct. 15, 1993

Oct. 15, 1993

PACER
82

LETTER from Richard Waples re: materials to be viewed ex parte. (wsy) (Entered: 10/20/1993)

Oct. 18, 1993

Oct. 18, 1993

PACER
83

ORDER by Mag Judge Robin D. Pierce to produce prisoners: Aaron Isby, Kataza Taifa, John Charles cole, Paul Komyatti, Leroy Jeffers, Kenneth Porter, Michael Anthony Hegwood, Richard David Thompson, Bill Sampley, Preston Eugene Gardner, James C. Thmpson, Betah Parmashta Ahinadab aka Ronald D. Turner, Larry C. Williams, Mark S. Douglas at PTC ON 10/21/93 at the MCC (cc: all counsel, superintendent MCC/faxed 10/19/93) (wsy) (Entered: 10/20/1993)

Oct. 19, 1993

Oct. 19, 1993

PACER
84

ORDER by Mag Judge Robin D. Pierce ; Pretrial conference set for 9:00, 9:30, 10:00, 10:30, 11:00, 11:30, 1:30, 2:00, 2:30, 3:00, 3:30 and 4:00 10/21/93 at MCC for Isby & Taifa, Cole, Komyatti, Jeffers, Porter, Hegwood, R. Thompson, J. Thompson, Sampley, Gardner, Ahinadab/Williams, and Douglas (cc: all counsel, cal) (wsy) Modified on 10/20/1993 (Entered: 10/20/1993)

Oct. 19, 1993

Oct. 19, 1993

PACER
85

REPORT AND RECOMMENDATION to Chief Judge Allen Sharp by Mag Judge Robin D. Pierce re: Tillman Morris. Recommended that all damage claims re Morris be dismd for his failure/refusal to attend PTC on 10/21/93. Obj hereto due w/in 10 days from receipt of this ntc (cc: all counsel, Morris, Sharp, J.) (wsy) (Entered: 10/22/1993)

Oct. 22, 1993

Oct. 22, 1993

PACER

MINUTES: before Judge Robin D. Pierce ; Pretrial conference held 10/21/93 (lpw)

Oct. 22, 1993

Oct. 22, 1993

PACER
86

ORDER by Chief Judge Allen Sharp dismissing party Terrence Drain, party James E Shropshire, party Kataza Taifa w/o costs and w/o prej to the right of any pty w/in 45 days to vacate this order and to add these pltfs if settlement is not consummated (cc: all counsel) (wsy) (Entered: 10/28/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
87

OBJECTIONS by Tillman Morris to Report and Recommendation [85-1] (wsy) (Entered: 11/03/1993)

Nov. 1, 1993

Nov. 1, 1993

PACER
88

MOTION by plaintiff cnsl, defendant cnsl for approval of the notice of settlement (wsy) (Entered: 11/03/1993)

Nov. 2, 1993

Nov. 2, 1993

PACER
89

ORDER by Mag Judge Robin D. Pierce granting motion for approval of the notice of settlement [88-1]. Ntc of settlement is approved; same to be distributed to all inmates at MCC on a given day, along w/a copy of the proposed Agreed entry. (cc: all counsel) (wsy) (Entered: 11/03/1993)

Nov. 2, 1993

Nov. 2, 1993

PACER
90

OBJECTIONS by Tillman Morris to Report and Recommendation [85-1] (wsy) (Entered: 11/08/1993)

Nov. 8, 1993

Nov. 8, 1993

PACER
91

ORDER by Chief Judge Allen Sharp taking under advisement on 12/6/93 the report and recommendation motion REPORT AND RECOMMENDATION [85-1] ; Brief ddl set for 12/6/93 for Morris re: damage claims (cc: all counsel) (wsy) (Entered: 11/10/1993)

Nov. 10, 1993

Nov. 10, 1993

PACER
92

OBJECTIONS by Shomari O'Bam to Magistrate's R&R (wsy) (Entered: 11/15/1993)

Nov. 12, 1993

Nov. 12, 1993

PACER
93

OBJECTIONS to Report and Recommendation [85-1] by Lokmar Yazid Abdul-Wadood (wsy) (Entered: 11/22/1993)

Nov. 19, 1993

Nov. 19, 1993

PACER
94

MEMORANDUM AND ORDER: by Chief Judge Allen Sharp. R&R of 10/22/93 approved & confirmed. dismissing party Tillman Morris (cc: all counsel) (wsy) (Entered: 12/02/1993)

Nov. 30, 1993

Nov. 30, 1993

PACER
95

MOTION by attorney Hamid R Kashani, Richard A Waples to withdraw appearance for plaintiff Roosevelt Williams (wsy) (Entered: 12/02/1993)

Dec. 1, 1993

Dec. 1, 1993

PACER
96

ORDER by Chief Judge Allen Sharp granting motion by attorney Hamid R Kashani, Richard A Waples to withdraw appearance for plaintiff Roosevelt Williams [95-1] (cc: all counsel) (wsy) (Entered: 12/06/1993)

Dec. 3, 1993

Dec. 3, 1993

PACER
97

LETTER from Martin R. Bryan re: proposed settlement (wsy) (Entered: 12/09/1993)

Dec. 7, 1993

Dec. 7, 1993

PACER
98

MOTION by plaintiff Tillman Morris to extend time to file memo re: damage claims (wsy) (Entered: 12/09/1993)

Dec. 7, 1993

Dec. 7, 1993

PACER
99

MOTION by plaintiff Kataza Taifa, plaintiff James E Shropshire, plaintiff Terrence Drain to vacate order of 10/25/93 (wsy) (Entered: 12/09/1993)

Dec. 7, 1993

Dec. 7, 1993

PACER
100

REPORT by plaintiffs' cnsl re: settlement conf (wsy) (Entered: 12/09/1993)

Dec. 7, 1993

Dec. 7, 1993

PACER
101

REPORT by plaintiff Kataza Taifa, plaintiff James E Shropshire, plaintiff Terrence Drain and Ahinadab re: dfts' not meeting obligations (wsy) (Entered: 12/09/1993)

Dec. 7, 1993

Dec. 7, 1993

PACER
102

ORDER by Chief Judge Allen Sharp granting motion to extend time to 12/27/93 for plaintiff Morris to file memo re: damage claims [98-1] (cc: all counsel) (mjk) (Entered: 12/10/1993)

Dec. 9, 1993

Dec. 9, 1993

PACER
103

MOTION by plaintiff Preston Gardner to stay proceedings (wsy) (Entered: 12/14/1993)

Dec. 13, 1993

Dec. 13, 1993

PACER
104

LETTER from plaintiff Preston Gardner to Judge Pierce re: conditions at MCC (wsy) (Entered: 12/14/1993)

Dec. 13, 1993

Dec. 13, 1993

PACER
105

LETTER from Gvila Kamau enclosing #103/104 (wsy) (Entered: 12/14/1993)

Dec. 13, 1993

Dec. 13, 1993

PACER
106

AFFIDAVIT of Hamid R. Kashani (wsy) (Entered: 12/14/1993)

Dec. 14, 1993

Dec. 14, 1993

PACER
107

AFFIDAVIT of Richard A. Waples (wsy) (Entered: 12/14/1993)

Dec. 14, 1993

Dec. 14, 1993

PACER
108

MEMORANDUM by plaintiffs in support of Class Action Settlement (wsy) (Entered: 12/14/1993)

Dec. 14, 1993

Dec. 14, 1993

PACER
109

NOTICE OF SERVICE by plaintiffs of Notice of Settlement (wsy) (Entered: 12/30/1993)

Dec. 28, 1993

Dec. 28, 1993

PACER
110

NOTICE OF SERVICE by plaintiffs of discovery: Pltfs' req for prod (wsy) (Entered: 12/30/1993)

Dec. 28, 1993

Dec. 28, 1993

PACER
111

MEMORANDUM by plaintiff Tillman Morris in support of damage claims (wsy) (Entered: 12/30/1993)

Dec. 28, 1993

Dec. 28, 1993

PACER
113

SUPPLEMENT by plaintiffs to Certificate of Srvice of the Notice of Settlement (wsy) (Entered: 01/06/1994)

Jan. 5, 1994

Jan. 5, 1994

PACER
112

REPORT AND RECOMMENDATION to Chief Judge Allen Sharp by Mag Judge Robin D. Pierce. It is recommended that the agreed entry and the parties' agreement re: state court claims, be approved; objections due 1/15/94 (cc: all counsel, J. Sharp, MJ Pierce) (wsy) (Entered: 01/06/1994)

Jan. 6, 1994

Jan. 6, 1994

PACER
114

OBJECTIONS by plaintiff Roosevelt Williams to Report and Recommendation [112-1] (wsy) (Entered: 01/20/1994)

Jan. 14, 1994

Jan. 14, 1994

PACER
115

LETTER from plaintiff Preston Gardner directed to Charles Wright re conditions at prison (blh) (Entered: 01/21/1994)

Jan. 20, 1994

Jan. 20, 1994

PACER
116

ORDER by Mag Judge Robin D. Pierce ; Pretrial conference set for 10:00 2/14/94 (cc: all counsel, J. Sharp, MCC) (wsy) (Entered: 01/24/1994)

Jan. 20, 1994

Jan. 20, 1994

PACER
117

LETTER from Jerry Stahl in opp to agreed entry (wsy) (Entered: 01/24/1994)

Jan. 20, 1994

Jan. 20, 1994

PACER
118

LETTER from Abdal Bari re: agreed entry (wsy) (Entered: 01/24/1994)

Jan. 20, 1994

Jan. 20, 1994

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: May 6, 1992

Closing Date: 2009

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All persons who, as of May 4, 1992, are confined or will be confined in the Maximum Control Complex in Westville, Indiana.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Indiana, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - 2003

Content of Injunction:

Preliminary relief denied

Reporting

Recordkeeping

Monitoring

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Disciplinary procedures

Disciplinary segregation

Education

Excessive force

Food service / nutrition / hydration

Law library access

Library (non-law) access

Mail

Phone

Record-keeping

Recreation / Exercise

Rehabilitation

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Affected Gender:

Male

Type of Facility:

Government-run