Case: Hendrix v. Farley

3:76-cv-00187 | U.S. District Court for the Northern District of Indiana

Filed Date: Nov. 4, 1976

Closed Date: 1983

Clearinghouse coding complete

Case Summary

Plaintiffs brought this civil rights action pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Indiana, claiming unconstitutional conditions of confinement at the Indiana state prison at Michigan Cit (ISP). Plaintiffs specifically challenged the adequacy of medical care, physical plant conditions, violence and security, the amount of time prisoners must spend locked down in cells and the totality of the prison conditions. The case consisted of three consolidat…

Plaintiffs brought this civil rights action pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Indiana, claiming unconstitutional conditions of confinement at the Indiana state prison at Michigan Cit (ISP). Plaintiffs specifically challenged the adequacy of medical care, physical plant conditions, violence and security, the amount of time prisoners must spend locked down in cells and the totality of the prison conditions. The case consisted of three consolidated actions (cause numbers S 76-187, S 77-35 and S 79-32), wherein the plaintiffs sought declaratory and injunctive relief on behalf of all inmates at ISP and individual damages.

The District Court (Judge Sharp) certified the matter as a class action. Following a bench trial, Judge Sharp issued a lengthy Memorandum Opinion, Findings of Fact, Conclusions Of Law, and Order on October 21, 1981, wherein he details the testimony an evidence presented at trial. The Court found unconstitutional overcrowding, which subjected inmates in inadequately sized cells to inadequate recreation time out of cells. The Court, however, did not find that the totality of the conditions at the prison or the general level of health care provided to inmates violated the Eighth Amendment. Several individual plaintiffs were awarded money damages, in amounts of $500 and $1000 dollars. Hendrix v. Faulkner, 525 F.Supp. 435 (1981). The inmates appealed. Prison official cross-appealed the damage award.

On August 9, 1983, the U.S. Court of Appeals, Seventh Circuit (Circuit Judge Cudahy) affirmed in part, and vacated and remanded in part the District Court's order. The Appeals Court found that (1) medical care at prison was constitutionally inadequate; and (2) prison was unconstitutionally overcrowded. It vacated the monetary damage award and remanded the case for consideration of whether the plaintiffs established at trial the requisite personal liability of defendants. The District Court's denial of damages to plaintiffs who did not establish the personal liability of defendants was affirmed. Wellman v. Falkner, 715 F.2d 269 (1983).

The Inmates' Petition for Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit was denied. Hendrix v. Faulkner, 104 S.Ct. 3587 (1984).

We have no further information on this case.

Summary Authors

Dan Dalton (3/1/2007)

People


Judge(s)

Bauer, William Joseph (Illinois)

Cudahy, Richard Dickson (Illinois)

Sharp, Allen (Indiana)

Weick, Paul Charles (Ohio)

Attorneys(s) for Plaintiff

Balaban, Eric G. (District of Columbia)

Brown, Patricia (Indiana)

Falk, Kenneth J. (Indiana)

Kashani, Hamid R. (Indiana)

Marsh, William E. (Indiana)

Milsap, Michael (Indiana)

Judge(s)

Bauer, William Joseph (Illinois)

Cudahy, Richard Dickson (Illinois)

Sharp, Allen (Indiana)

Weick, Paul Charles (Ohio)

Attorneys(s) for Plaintiff

Balaban, Eric G. (District of Columbia)

Brown, Patricia (Indiana)

Falk, Kenneth J. (Indiana)

Kashani, Hamid R. (Indiana)

Marsh, William E. (Indiana)

Milsap, Michael (Indiana)

Shatz, Marsha (Indiana)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Kamplain, Bruce L. (Indiana)

Pearson, Linley E. (Indiana)

Volk, Martha Schatz (Indiana)

Weliever, Sabra A. (Indiana)

Documents in the Clearinghouse

Document

3:76-cv-00187

Docket (PACER)

March 10, 2005

March 10, 2005

Docket

3:76-cv-00187

77-00035

79-00032

Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order

Hendrix v. Duckworth

525 F.Supp. 435, 1981 U.S.Dist.LEXIS 16872

Oct. 21, 1981

Oct. 21, 1981

Order/Opinion

81-03060

81-03061

Reported Opinon

Wellman v. Faulkner

U. S. Court of Appeals for the Seventh Circuit

715 F.2d 269, 1983 U.S.App.LEXIS 25056

Aug. 9, 1983

Aug. 9, 1983

Order/Opinion

81-02788

Table

Hendrix v. Duckworth

U. S. Court of Appeals for the Seventh Circuit

720 F.2d 682, 1983 U.S.App.LEXIS 16476

Sept. 28, 1983

Sept. 28, 1983

Order/Opinion

83-02239

Table

Hendrix v. Duckworth

U. S. Court of Appeals for the Seventh Circuit

738 F.2d 442, 1984 U.S.App.LEXIS 21313

June 20, 1984

June 20, 1984

Order/Opinion

83-00768

Decision on Writ of Certiorari

Faulkner v. Wellman

Supreme Court of the United States

468 U.S. 1217, 104 S.Ct. 3587

July 5, 1984

July 5, 1984

Order/Opinion

84-05701

Ruling on Petition for Writ of Certiorari

Hendrix v. Duckworth

Supreme Court of the United States

469 U.S. 1113, 105 S.Ct. 797, 83 L.Ed.2d 790

Jan. 7, 1985

Jan. 7, 1985

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

MOTION by plaintiff James Odis Hendrix for attorney Kenneth J Falk to appear pro hac vice for the sole purpose of filing motion to withdraw/verified motion to withdraw appearance effective 7/31/96 (smp) (Entered: 07/17/1996)

July 17, 1996

July 17, 1996

2

ORDER by Chief Judge Allen Sharp granting motion for attorney Kenneth J Falk to appear pro hac vice for the sole purpose of filing motion to withdraw/verified motion to withdraw appearance of Legal Services Organization of Indiana, Inc & all of its attorneys effective 7/31/96 [1-1] (cc: all counsel) (mjk) (Entered: 07/23/1996)

July 22, 1996

July 22, 1996

4

REPORT AND RECOMMENDATION concerning motion for order to comply [3-1], motion for sanctions [3-2] to Chief Judge Allen Sharp by Mag Judge Robin D. Pierce, recommending that motion(s) be denied (cc: all counsel) (mjk) Modified on 11/08/1996 (Entered: 11/07/1996)

Nov. 7, 1996

Nov. 7, 1996

5

OBJECTIONS by movant Edward L Ellsworth to Report and Recommendation [4-1] (and motion--see next entry) (mjk) (Entered: 11/14/1996)

Nov. 13, 1996

Nov. 13, 1996

5

MOTION by movant Edward L Ellsworth to intervene (on same document as objection [5-1]) (mjk) (Entered: 11/14/1996)

Nov. 13, 1996

Nov. 13, 1996

6

ORDER by Chief Judge Allen Sharp approving and confirming report and recommendation [4-1], denying motion for order to comply [3-1], denying motion for sanctions [3-2], and giving IAG until 2/3/97 to fully respond in writing to most recent to intervene by Edward Ellsworth (cc: all counsel) (mjk) (Entered: 12/27/1996)

Dec. 26, 1996

Dec. 26, 1996

7

NOTICE OF APPEAL by movant Edward L Ellsworth from Dist. Court decision [6-1] (cc: all counsel) (mjk) (Entered: 01/14/1997)

Jan. 10, 1997

Jan. 10, 1997

8

RECEIPT of letter from USCA enclosing appeal [7-1] (mjk) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

9

LETTER to appellant requesting appeal fee (mjk) (Entered: 01/14/1997)

Jan. 14, 1997

Jan. 14, 1997

10

NOTICE to appellant to file docketing statement (mjk) (Entered: 01/14/1997)

Jan. 14, 1997

Jan. 14, 1997

11

Short record sent to USCA (mjk) (Entered: 01/14/1997)

Jan. 14, 1997

Jan. 14, 1997

12

RESPONSE by defendant Jack Duckworth to motion to intervene [5-1] (mjk) (Entered: 01/21/1997)

Jan. 17, 1997

Jan. 17, 1997

13

ORDER by Judge Allen Sharp denying motion to intervene [5-1] (cc: all counsel) (Court Employee) (Entered: 01/23/1997)

Jan. 22, 1997

Jan. 22, 1997

14

OPPOSITION by movant Edward L Ellsworth to response [12-1], to petition to intervene [5-1] (mjk) (Entered: 01/27/1997)

Jan. 24, 1997

Jan. 24, 1997

15

LETTER from movant Edward L Ellsworth enclosing [14-1] and requesting court to serve IAG and movant with copies (mjk) (Entered: 01/27/1997)

Jan. 24, 1997

Jan. 24, 1997

16

MOTION by movant Edward L Ellsworth for leave to appeal in forma pauperis (mjk) (Entered: 01/27/1997)

Jan. 24, 1997

Jan. 24, 1997

17

LETTER from movant Edward L Ellsworth enclosing [16-1] & advising he does not consent to pay any filing fee regarding appeal (mjk) (Entered: 01/27/1997)

Jan. 24, 1997

Jan. 24, 1997

18

NOTIFICATION by Circuit Court of Appellate Docket Number 97-1119 (mjk) (Entered: 01/28/1997)

Jan. 27, 1997

Jan. 27, 1997

19

ORDER by Judge Allen Sharp conditionally granting motion for leave to appeal in forma pauperis [16-1] ; Deficiency ddl set for 3/14/97 for movant Ellsworth to pay partial initial appeal filing fee in the amount of $8.86 (cc: all counsel) (mjk) (Entered: 02/04/1997)

Feb. 3, 1997

Feb. 3, 1997

20

COPY of Appellate Court Order: regarding [7-1] directing appellant to pay appellate fees of $105.00. Further, appellant has to/incl 2/28/97 to submit certified copy of prison trust fund account and affidavit of assets (mjk) (Entered: 02/13/1997)

Feb. 12, 1997

Feb. 12, 1997

21

COPY of Appellate Court Order: regarding [7-1] denying appellant's motion for record of proceedings, etc., without prejudice to renewal once appellant's fee status is resolved (mjk) (Entered: 03/03/1997)

Feb. 28, 1997

Feb. 28, 1997

22

MOTION by plaintiffs to add Paul Komyatti as a plaintiff in this case (mjk) (Entered: 03/04/1997)

March 3, 1997

March 3, 1997

23

COPY of motion to dismiss appeal filed by Edward Ellsworth, with US Court of Appeals (mjk) (Entered: 03/13/1997)

March 12, 1997

March 12, 1997

24

SECOND COPY of motion to dismiss appeal showing filed by Edward Ellsworth with US Court of Appeals [23-1] (copy sent to US Court of Appeals as they do not show receipt of motion) (mjk) (Entered: 03/17/1997)

March 13, 1997

March 13, 1997

25

ORDER by Judge Allen Sharp granting motion to add Paul Komyatti as a plaintiff in this case [22-1] (cc: all counsel) (mjk) (Entered: 03/27/1997)

March 26, 1997

March 26, 1997

26

MOTION by movant Carrie Douglas to enforce judgment (mjk) (Entered: 04/02/1997)

April 1, 1997

April 1, 1997

27

ORDER by Judge Allen Sharp denying motion to enforce judgment [26- 1] with leave to renew with compliance (cc: all counsel) (mjk) (Entered: 04/03/1997)

April 2, 1997

April 2, 1997

28

VERIFIED PETITION by movant Carrie Douglas to enforce judgment (mjk) (Entered: 04/09/1997)

April 8, 1997

April 8, 1997

29

ORDER by Judge Allen Sharp denying motion to enforce judgment [28- 1] without prejudice to plaintiffs' right to seek appropriate relief through the class counsel, Hamid R Kashani (cc: all counsel) (mjk) (Entered: 05/14/1997)

May 13, 1997

May 13, 1997

30

COPY of Appellate Court Order regarding [7-1] directing appellant to show cause by 6/25/97 why appeal should not be dismissed for failure to prosecute (mjk) (Entered: 06/17/1997)

June 16, 1997

June 16, 1997

31

COPY of Appellate Court Order: regarding [7-1], dismissing appeal pursuant to F.R.A.P. 42(b) (mjk) (Entered: 07/31/1997)

July 31, 1997

July 31, 1997

32

MANDATE from Circuit Court of Appeals dismissing the appeal [7-1] pursuant to F.R.A.P. 42(b). Record returned consisting of: (never sent to USCA) (mjk) (Entered: 08/06/1997)

Aug. 4, 1997

Aug. 4, 1997

34

ORDER by Judge Allen Sharp denying motion for attorney Eric G Balaban to appear pro hac vice [33-1] with leave to renew with compliance of Local Rule 83.5(c) (cc: all counsel) (sdf) (Entered: 03/17/2000)

March 16, 2000

March 16, 2000

35

MOTION for attorney Eric G Balaban to appear pro hac vice (sdf) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

PRO HAC VICE FILING FEE PAID: on 4/10/00 in the amount of $ 30.00, receipt # 3137205. (sdf) (Entered: 04/11/2000)

April 10, 2000

April 10, 2000

36

ORDER by Judge Allen Sharp granting motion for attorney Eric G Balaban to appear pro hac vice [35-1] Number of pages: 1 (cc: all counsel) (sdf) (Entered: 04/14/2000)

April 12, 2000

April 12, 2000

37

MOTION to withdraw appearance Hamid R Kashani for plaintiff James Odis Hendrix, plaintiff Paul Komyatti (sdf) (Entered: 07/13/2000)

July 13, 2000

July 13, 2000

38

ORDER by Judge Allen Sharp granting motion to withdraw appearance Hamid R Kashani for plaintiff James Odis Hendrix, plaintiff Paul Komyatti [37-1] as of 8/15/00 Number of pages: 1 (cc: all counsel) (sdf) (Entered: 07/17/2000)

July 14, 2000

July 14, 2000

39

NOTICE of change of address for attorney Eric Balaban (copy sent to Lafayette) (sdf) (Entered: 01/04/2001)

Jan. 2, 2001

Jan. 2, 2001

40

NOTICE OF DEFENDANTS CONTEMPT, filed by non-parties Aaron Israel, Eric D Smith, Adam Bradley, Danny Brooks & Lester Bufkin (mjk) (Entered: 01/28/2003)

Jan. 27, 2003

Jan. 27, 2003

41

NOTICE of Change of Address by Eric G Balaban PHV. (ksc) (Entered: 03/11/2005)

March 10, 2005

March 10, 2005

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 4, 1976

Closing Date: 1983

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Inmates confined at Indiana State Prison at Michigan City.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Indiana State Prison (Michigan City), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1981 - 1983

Issues

General:

Recreation / Exercise

Totality of conditions

Crowding:

Crowding / caseload

Affected Gender:

Female

Male

Type of Facility:

Government-run