Case: Dunn v. Carey

1:78-00108 | U.S. District Court for the Southern District of Indiana

Filed Date: Feb. 17, 1978

Clearinghouse coding complete

Case Summary

In 1978 incarcerated individuals filed a federal class action suit in the U. S. District Court for the Southern District of Indiana claiming that conditions at the Delaware County Jail violated the constitutional rights of the pretrial detainees. The suit was settled in 1984 with the issuance of a consent decree calling for the construction of a new 'Public Safety Complex' that was include a new town hall, police station and jail. This new complex was to be paid for through a new tax.We do no…

In 1978 incarcerated individuals filed a federal class action suit in the U. S. District Court for the Southern District of Indiana claiming that conditions at the Delaware County Jail violated the constitutional rights of the pretrial detainees. The suit was settled in 1984 with the issuance of a consent decree calling for the construction of a new 'Public Safety Complex' that was include a new town hall, police station and jail. This new complex was to be paid for through a new tax.

We do not have much information on the action itself, but we do have opinions about a collateral issue: Two people not involved in the federal action brought a complaint in front of the state tax board, contesting the new taxes. The board ruled against them, and they filed an appeal in state court. While that appeal was pending, parties from the original federal action, claiming that the pending state action was prohibiting them from borrowing the money needed to start construction on the Safety Complex, sought to have the two people filing in state court joined in their federal case, and to have the state action stopped. On June 25, 1986, the district court (Judge William E. Steckler) issued an opinion denying both motions. Dunn v. Carey, 110 F.R.D. 439 (S.D. Ind. 1986). Plaintiffs appealed. On December 16, 1986, the U.S. Court of Appeals for the Seventh Circuit (Judge Frank Easterbrook) affirmed the lower court opinion by holding, in part, that the Anti-Injunction Act barred injunctions where the federal case had been ended by a consent decree. Dunn v. Casey, 808 F.2d 555 (7th Cir. 1986).

Because the docket is not available on PACER, we have no further information on this case.

Summary Authors

Ben Kelly (3/1/2006)

People


Judge(s)

Easterbrook, Frank Hoover (Illinois)

Steckler, William Elwood (Indiana)

Attorneys(s) for Plaintiff

Kiefer, J. Richard (Indiana)

Reuben, Lawrence M. (Indiana)

Attorneys(s) for Defendant

Brinkman, Franklin D. (Indiana)

Cross, Gregory (Indiana)

Dunnuck, Donald H. (Indiana)

Greer, Charles (Indiana)

Kear, Fergus (Indiana)

Lobley, Alan (Indiana)

Judge(s)

Easterbrook, Frank Hoover (Illinois)

Steckler, William Elwood (Indiana)

Attorneys(s) for Plaintiff

Kiefer, J. Richard (Indiana)

Reuben, Lawrence M. (Indiana)

Attorneys(s) for Defendant

Brinkman, Franklin D. (Indiana)

Cross, Gregory (Indiana)

Dunnuck, Donald H. (Indiana)

Greer, Charles (Indiana)

Kear, Fergus (Indiana)

Lobley, Alan (Indiana)

Quirk, Jack A. (Indiana)

Schuck, Kenneth P. (Indiana)

Stock, Kevin L. (Indiana)

Expert/Monitor/Master

Braddock, Charles F. (Indiana)

Cherry, H. Erskine (Indiana)

Documents in the Clearinghouse

Document

1:78-00108

Reported Opinion

110 F.R.D. 439

June 25, 1986

June 25, 1986

Order/Opinion

86-02101

86-02102

Opinion

U. S. Court of Appeals for the Seventh Circuit

808 F.2d 555

Dec. 16, 1986

Dec. 16, 1986

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3:14 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Indiana

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Feb. 17, 1978

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Detainees of the Deleware County Jail

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Indian State Board of Tax Commissioners (Delaware), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1984 - None

Issues

General:

Totality of conditions

Type of Facility:

Government-run