Case: Does v. City of Indianapolis

1:06-cv-00865 | U.S. District Court for the Southern District of Indiana

Filed Date: May 31, 2006

Closed Date: June 22, 2007

Clearinghouse coding complete

Case Summary

The city of Indianapolis, Indiana, as consolidated with Marion County, adopted an ordinance in May 2006, barring certain sex offenders (primarily, ones convicted of offenses against children or judicially found to be violent sexual predators) from being within a thousand feet of a public playground, recreation center, bathing beach, swimming or wading pool, sports field or facility, when children are present, unless the offender is accompanied by an adult not required to register as a sex offen…

The city of Indianapolis, Indiana, as consolidated with Marion County, adopted an ordinance in May 2006, barring certain sex offenders (primarily, ones convicted of offenses against children or judicially found to be violent sexual predators) from being within a thousand feet of a public playground, recreation center, bathing beach, swimming or wading pool, sports field or facility, when children are present, unless the offender is accompanied by an adult not required to register as a sex offender. That same month, the new ordinance prompted several plaintiffs (using John Doe pseudonyms) to file a civil complaint against the city and the county sheriff, pursuant to 42 U.S.C. § 1983. Plaintiffs filed an amended complaint on July 25, 2006, dropping two plaintiffs, leaving a total of four.

The plaintiffs, on behalf of themselves and others similarly situated, alleged that the ordinance (1) was unconstitutionally vague, violated the plaintiffs' right to interstate travel, and was fundamentally irrational and arbitrary, all in violation of the due process clause of the Fourteenth Amendment, (2) was an unconstitutional ex post facto punishment of persons already convicted, as well as a violation of the Fifth Amendment's double jeopardy clause, as incorporated into the Fourteenth Amendment, and (3) was an unconstitutional impediment to voting, in violation of the First and Fourteenth Amendments, insofar as it precluded the plaintiffs from common polling places, such as schools. The plaintiffs alleged they were persons that the ordinance would, for example, prevent from taking their own children to a playground, from performing their jobs which involved driving on roadways which passed with a thousand feet of the named type of facilities, from leaving their subdivisions (because to do so would bring them within a thousand feet of a playground or school), and from voting at their assigned polling places (schools). Plaintiffs pointed out numerous terms and provisions in the ordinance that were unclear, undefined, and which set conditions which were impossible for plaintiffs to know in advance so that they might conform their conduct to the law. (For example, how were they to know in advance whether children were present at a playground within a thousand feet of where a plaintiff might be driving?) The plaintiffs were represented by attorneys from the ACLU of Indiana.

Early in the case, on August 7, 2006, District Judge Richard L. Young allowed the plaintiffs to proceed anonymously, overruling the defendants' motion to dismiss (for failure to state a claim upon which relief can be granted) which alleged that the plaintiffs had failed to disclose the real party in interest. Judge Young determined in his unpublished order that the plaintiffs' need for anonymity outweighed any prejudice to the defendants and the public in knowing the identity of the plaintiffs. On August 10, 2006, the judge heard oral argument upon the plaintiffs' motion for a preliminary injunction.

The court issued the requested preliminary injunction on October 5, 2006. Among its findings was that there were few, if any, areas in Indianapolis through which one could travel and not be within a thousand feet of public playgrounds, recreation centers, bathing beaches, swimming or wading pools, sports fields or sports facilities, due to the number and dispersal of such locations throughout the city. After reviewing the impact of the ordinance on each of the John Doe plaintiffs, Judge Young ruled that the law was void for vagueness, was an unconstitutional ex post facto law and an overbroad burden on the right to vote, and could not be made constitutional by severing the 1000 foot limitation from it (since the "accompanied by" language remained unacceptably vague).

In another unpublished order, on November 20, 2006, the judge granted the plaintiffs' motion for class certification. He defined the class as did the plaintiffs: "All persons who currently, or will in the future, live in, work in, or visit Marion County, and who are, or will be, persons within the category of sex offenders specified in Section 631-106(a) of Chapter 631 of the Revised Code of the Consolidated City and County," and agreed to certify as a subclass, "All members of the class who will vote and whose voting places are within a thousand feet of the areas specified in Section 631-106(a) of Chapter 631 of the Revised Code of the Consolidated City and County."

Settlement discussions ensued, with the parties reaching an agreement at a January 8, 2007 settlement conference. On April 19, 2007, the parties filed a stipulation that a permanent injunction against enforcement of the ordinance should be entered as a final judgment in the case, after notice to the class and a fairness hearing. The stipulation also agreed that attorney's fees and costs in the amount of $40,000 would be paid by the defendants to plaintiffs' counsel. A fairness hearing before Judge Young on June 21, 2007, resulted in his unpublished order the next day approving the settlement stipulation, making the preliminary injunction permanent, decreeing the payment to plaintiffs' counsel, and entering final judgment in the case.

We have no information indicating post-settlement activity in the case.

Summary Authors

Mike Fagan (6/3/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4266312/parties/does-i-vi-v-city-of-indianapolis/


Judge(s)

Lawrence, William T. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Suess, Jacquelyn Bowie Bowie (Indiana)

Attorneys(s) for Defendant

Mallon, Andrew J. (Indiana)

Osborn, James B. (Indiana)

Judge(s)

Lawrence, William T. (Indiana)

Young, Richard L. (Indiana)

Attorneys(s) for Plaintiff

Falk, Kenneth J. (Indiana)

Suess, Jacquelyn Bowie Bowie (Indiana)

Attorneys(s) for Defendant

Mallon, Andrew J. (Indiana)

Osborn, James B. (Indiana)

Documents in the Clearinghouse

Document

Docket (PACER)

June 22, 2007 Docket
35

Amended Complaint/Class Action

July 25, 2006 Complaint
46

Entry on Plaintiffs' Amended Motion to Proceed by Anonymous Names and Amended Motion to Seal Documents Containing Actual Names and Defendants' Motion to Dismiss Complaint and All Pending Motions

2006 WL 2289187, 2006 U.S.Dist.LEXIS 84425

Aug. 7, 2006 Order/Opinion
60

Findings of Fact and Conclusions of Law Concerning Plaintiffs’ Motion for Preliminary Injunction

2006 WL 2927598

Oct. 5, 2006 Order/Opinion
61

Entry on Plaintiffs' Motion for Class Certification and Amended Motion for Class Certification

2006 WL 3365672

Nov. 20, 2006 Order/Opinion
74

Stipulation to Settle All Issues Following Notice to the Class / Motion to Approve Form of Notice to the Class

April 19, 2007 Settlement Agreement
81

Order Approving Stipulation to Settle and Final Judgment

June 22, 2007 Order/Opinion

Resources

Title Description External URL

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4266312/does-i-vi-v-city-of-indianapolis/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against CITY OF INDIANAPOLIS and MARION COUNTY SHERIFF, filed by plaintiffs, JOHN DOES I - VI. (Attachments: # 1 City-County General Ordinance)(SDP, ) (Entered: 05/31/2006)

1 City-County General Ordinance

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May 31, 2006 PACER
2

CIVIL COVER SHEET filed by plaintiff, JOHN DOES I - VI. (SDP, ) (Entered: 05/31/2006)

May 31, 2006 PACER
3

RECEIPT #104-4386 in the amount of $160.00 for filing fee. (SDP, ) (Entered: 05/31/2006)

May 31, 2006 PACER
4

RECEIPT #104-4385 in the amount of $190.00 for filing fee. (SDP, ) (Entered: 05/31/2006)

May 31, 2006 PACER
5

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (SDP, ) (Entered: 05/31/2006)

May 31, 2006 PACER
6

Summons Issued as to defendants, CITY OF INDIANAPOLIS and MARION COUNTY SHERIFF. (SDP, ) (Entered: 05/31/2006)

May 31, 2006 PACER
7

MOTION to Proceed by Anonymous Names and Motion to Seal Affidavits Containing Actual Names by all plaintiffs. (Attachments: # 1 Text of Proposed Order # 2 Att 1- John Doe I# 3 Att. 2- John Doe II# 4 Att. 3- John Doe III# 5 Att. 4- John Doe IV# 6 Att. 5- John Doe V# 7 Att. 6 - John Doe VI)(Falk, Kenneth) (Entered: 05/31/2006)

1 Text of Proposed Order

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2 Att 1- John Doe I

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3 Att. 2- John Doe II

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4 Att. 3- John Doe III

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5 Att. 4- John Doe IV

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6 Att. 5- John Doe V

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7 Att. 6 - John Doe VI

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May 31, 2006 PACER
8

BRIEF/MEMORANDUM in Support re 7 MOTION to Proceed by Anonymous Names and Motion to Seal Affidavits Containing Actual Names filed by all plaintiffs. (Attachments: # 1 Attachment 1# 2 Attachment 2)(Falk, Kenneth) (Entered: 05/31/2006)

1 Attachment 1

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2 Attachment 2

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May 31, 2006 PACER
9

MOTION for Preliminary Injunction by all plaintiffs. (Falk, Kenneth) (Entered: 06/02/2006)

June 2, 2006 PACER
10

BRIEF/MEMORANDUM in Support re 9 MOTION for Preliminary Injunction filed by all plaintiffs. (Attachments: # 1 Att. 1- Voting Sites)(Falk, Kenneth) (Entered: 06/02/2006)

1 Att. 1- Voting Sites

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June 2, 2006 PACER
11

MOTION to Certify Class by all plaintiffs. (Falk, Kenneth) (Entered: 06/02/2006)

June 2, 2006 PACER
12

BRIEF/MEMORANDUM in Support re 11 MOTION to Certify Class filed by all plaintiffs. (Attachments: # 1 Att. 1)(Falk, Kenneth) (Entered: 06/02/2006)

1 Att. 1

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June 2, 2006 PACER
13

NOTICE of Appearance by James B. Osborn on behalf of all defendants (Osborn, James) (Entered: 06/02/2006)

June 2, 2006 PACER
14

NOTICE of Appearance by Andrew J. Mallon on behalf of all defendants (Mallon, Andrew) (Entered: 06/02/2006)

June 2, 2006 PACER
15

NOTICE of Parties' First Extension of Time by all defendants (Mallon, Andrew) (Entered: 06/02/2006)

June 2, 2006 PACER
16

RETURN of Service by all plaintiffs. CITY OF INDIANAPOLIS served on 5/31/2006. (Suess, Jacquelyn) (Entered: 06/05/2006)

June 5, 2006 PACER
17

RETURN of Service by all plaintiffs. MARION COUNTY SHERIFF served on 5/31/2006. (Suess, Jacquelyn) (Entered: 06/05/2006)

June 5, 2006 PACER
18

MOTION to Dismiss and Response to 7 Plaintiffs' Motion to Proceed by Anonymous Names by all defendants. (Attachments: # 1 Text of Proposed Order)(Mallon, Andrew) Modified on 6/21/2006 (TMA, ). (Entered: 06/20/2006)

1 Text of Proposed Order

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June 20, 2006 PACER
19

BRIEF/MEMORANDUM in Support re 18 MOTION to Dismiss and Response to 7 Plaintiffs' Motion to Proceed by Anonymous Names filed by all defendants. (Mallon, Andrew) Modified on 6/21/2006 (TMA, ). (Entered: 06/20/2006)

June 20, 2006 PACER
20

MOTION for Extension of Time to July 4, 2006 to file response to 11 MOTION to Certify Class by all defendants. (Attachments: # 1 Text of Proposed Order)(Mallon, Andrew) (Entered: 06/20/2006)

1 Text of Proposed Order

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June 20, 2006 PACER
21

MOTION for Extension of Time to June 27, 2006 to file response to 9 MOTION for Preliminary Injunction by all defendants. (Attachments: # 1 Text of Proposed Order)(Mallon, Andrew) (Entered: 06/20/2006)

1 Text of Proposed Order

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June 20, 2006 PACER
22

ORDER granting 20 Motion for Extension of Time to File Response to 7/5/2006 re 11 MOTION to Certify Class. Signed by Judge William T. Lawrence on 06/22/2006. (TMA, ) (Entered: 06/22/2006)

June 22, 2006 PACER
23

ORDER granting 21 Motion for Extension of Time to File Response to 6/27/2006 re 9 MOTION for Preliminary Injunction . Signed by Judge William T. Lawrence on 06/22/2006. (TMA, ) (Entered: 06/22/2006)

June 22, 2006 PACER
24

REPLY in support of Motion re 7 MOTION to Proceed by Anonymous Names and Motion to Seal Affidavits Containing Actual Names and Memorandum Opposing Motion to Dismiss filed by all plaintiffs. (Falk, Kenneth) (Entered: 06/27/2006)

June 27, 2006 PACER
25

Second MOTION for Extension of Time to June 28, 2006 to file response to 9 MOTION for Preliminary Injunction by all defendants. (Attachments: # 1 Text of Proposed Order)(Mallon, Andrew) (Entered: 06/27/2006)

1 Text of Proposed Order

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June 27, 2006 PACER
26

RESPONSE in Opposition re 9 MOTION for Preliminary Injunction filed by all defendants. (Mallon, Andrew) (Entered: 06/28/2006)

June 28, 2006 PACER
27

RESPONSE in Opposition re 11 MOTION to Certify Class filed by all defendants. (Mallon, Andrew) (Entered: 07/05/2006)

July 5, 2006 PACER
28

REPLY in support of Motion re 9 MOTION for Preliminary Injunction filed by all plaintiffs. (Falk, Kenneth) (Entered: 07/06/2006)

July 6, 2006 PACER
29

SCHEDULING ORDER: Evidentiary Hearing on plaintiffs' motion for preliminary injunction set for 8/10/2006 01:30 PM in room #349 before Judge Richard L. Young. Signed by Judge Richard L. Young on 7/7/06. (CLL, ) (Entered: 07/07/2006)

July 7, 2006 PACER
30

SCHEDULING ORDER: Initial Pretrial Conference set for 8/29/2006 08:30 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 07/07/2006. (TMA, ) (Entered: 07/07/2006)

July 7, 2006 PACER
31

ORDER granting 25 Motion for Extension of Time to File Response to 6/28/2006 re 9 MOTION for Preliminary Injunction . Signed by Judge William T. Lawrence on 07/10/2006. (TMA, ) (Entered: 07/10/2006)

July 10, 2006 PACER
32

MOTION for Extension of Time to July 26, 2006 to file reply to 11 MOTION to Certify Class by all plaintiffs. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 07/13/2006)

1 Text of Proposed Order

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July 13, 2006 PACER
33

ORDER granting 32 Motion for Extension of Time to File Reply to 7/26/2006 re 11 MOTION to Certify Class . Signed by Judge William T. Lawrence on 07/17/2006. (TMA, ) (Entered: 07/17/2006)

July 17, 2006 PACER
34

NOTICE of Filing of Affidavits of Plaintiffs in Support of Motion for Preliminary Injunction by all plaintiffs (Attachments: # 1 Exhibit One# 2 Exhibit Two# 3 Exhibit Three# 4 Exhibit Four)(Falk, Kenneth) (Entered: 07/19/2006)

1 Exhibit One

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2 Exhibit Two

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3 Exhibit Three

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4 Exhibit Four

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July 19, 2006 PACER
35

AMENDED COMPLAINT for Declaratory and Injunctive Relief /Class Action against all defendants, filed by all plaintiffs. (Attachments: # 1 Exhibit)(Falk, Kenneth) (Entered: 07/25/2006)

1 Exhibit

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July 25, 2006 PACER
36

STIPULATION of the Parties (First) by all plaintiffs. (Falk, Kenneth) (Entered: 07/25/2006)

July 25, 2006 PACER
37

REPLY in support of Motion re 11 MOTION to Certify Class (Original Motion) filed by all plaintiffs. (Attachments: # 1 Exhibit Ex. One# 2 Exhibit Ex 2)(Falk, Kenneth) (Entered: 07/25/2006)

1 Exhibit Ex. One

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2 Exhibit Ex 2

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July 25, 2006 PACER
38

Amended MOTION to Certify Class by all plaintiffs. (Falk, Kenneth) (Entered: 07/25/2006)

July 25, 2006 PACER
39

BRIEF/MEMORANDUM in Support re 38 Amended MOTION to Certify Class and Sub-Class filed by all plaintiffs. (Falk, Kenneth) (Entered: 07/25/2006)

July 25, 2006 PACER
40

MOTION for Preliminary Injunction (Renewed) After the Filing of the Amended Complaint by all plaintiffs. (Falk, Kenneth) (Entered: 07/25/2006)

July 25, 2006 PACER
41

Amended MOTION to Proceed by Anonymous Names and Amended Motion to Seal Affidavits Containing Actual Names by all plaintiffs. (Falk, Kenneth) (Entered: 07/25/2006)

July 25, 2006 PACER
42

Submission of Proposed Order Concerning Amended Motion to Proceed by Anonymous Name and Amended Motion to Seal Affidavits Containing Actual Names by all plaintiffs. (Falk, Kenneth) (Entered: 07/25/2006)

July 25, 2006 PACER
43

SCHEDULING ORDER: Status Conference set for 8/1/2006 09:30 AM in room #353 before Judge Richard L. Young. Signed by Judge Richard L. Young on 7/31/06. (CLL, ) (Entered: 07/31/2006)

July 31, 2006 PACER
44

NOTICE of Filing of Affidavits of Christopher Borm/Matthew O'Connor; Joshua Rosenbaum/Destiny Wenning; and Erika Eliason/Emily Woolard in Support of Preliminary Injunction by all plaintiffs (Attachments: # 1 Affidavit Borm/O'Connor# 2 Affidavit Rosenbaum/Wenning# 3 Affidavit Eliason/Woolard)(Falk, Kenneth) (Entered: 07/31/2006)

1 Affidavit Borm/O'Connor

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2 Affidavit Rosenbaum/Wenning

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3 Affidavit Eliason/Woolard

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July 31, 2006 PACER
45

NOTICE of Filing Supplemental Affidavit of Joshua Rosenbaum and Destiny Wenning by all plaintiffs (Attachments: # 1 Affidavit)(Falk, Kenneth) (Entered: 08/03/2006)

1 Affidavit

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Aug. 3, 2006 PACER
46

ORDER granting 41 Motion, denying as moot 7 Motion, denying 18 Motion to Dismiss . Signed by Judge Richard L. Young on 8/7/06. (CLL, ) (Entered: 08/07/2006)

Aug. 7, 2006 RECAP
47

SEALED Verified Motions to Proceed by Anononymous Name of the Named Plaintiffs filed by all plaintiffs. (Attachments: # 1 Cover Sheet for Sealed Document)(Falk, Kenneth) (Entered: 08/07/2006)

Aug. 7, 2006 PACER
48

NOTICE by all plaintiffs re 47 SEALED Document Corrected Certificate of Service (Falk, Kenneth) (Entered: 08/08/2006)

Aug. 8, 2006 PACER
49

Findings of Fact & Conclusions of Law (proposed) Concerning Plaintiffs' Motion for Preliminary Injunction by all plaintiffs. (Falk, Kenneth) (Entered: 08/09/2006)

Aug. 9, 2006 PACER
50

NOTICE by all plaintiffs Concerning Witness List, Exhibit List, and Agenda for Preliminary Injunction (Falk, Kenneth) (Entered: 08/10/2006)

Aug. 10, 2006 PACER
51

STIPULATION Joint by all parties. (Osborn, James) (Entered: 08/10/2006)

Aug. 10, 2006 PACER
52

Findings of Fact & Conclusions of Law (proposed) Concerning Plaintiffs' Motion for Preliminary Injunction by all defendants. (Mallon, Andrew) (Entered: 08/10/2006)

Aug. 10, 2006 PACER
53

Findings of Fact & Conclusions of Law (proposed) Alternative by all defendants. (Osborn, James) (Entered: 08/17/2006)

Aug. 17, 2006 PACER
54

CASE MANAGEMENT PLAN TENDERED by all plaintiffs. (Attachments: # 1 Magistrate Judge's Summary CMP)(Falk, Kenneth) (Entered: 08/18/2006)

1 Magistrate Judge's Summary CMP

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Aug. 18, 2006 PACER
55

NOTICE of Filing Plaintiffs' Response to Defendants' Alternative Proposed Conclusions of Law by all plaintiffs (Falk, Kenneth) (Entered: 08/19/2006)

Aug. 19, 2006 PACER
56

ENTRY - Parties appear by counsel for initial pretrial conference on Tuesday, August 29, 2006. Conference held and concluded without further order. SCHEDULING ORDER: Status Conference set for 9/29/2006 09:00 AM in Telephonic before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 08/30/2006. (TMA, ) (Entered: 08/30/2006)

Aug. 30, 2006 PACER
57

NOTICE of Filing Supplemental Authority by all plaintiffs (Falk, Kenneth) (Entered: 09/27/2006)

Sept. 27, 2006 PACER
58

NOTICE of Service of Initial Disclosures, filed by Plaintiff JOHN DOES I - VI. (Falk, Kenneth) (Entered: 09/29/2006)

Sept. 29, 2006 PACER
59

Minute Entry for proceedings held before Judge William T. Lawrence : Status Conference held on 9/29/2006. Parties appear by counsel. Conference held and concluded without further order. (TMA) (Entered: 09/29/2006)

Sept. 29, 2006 PACER
60

ORDER granting 9 Motion for Preliminary Injunction. Signed by Judge Richard L. Young on 10/5/06. (CLL) (Entered: 10/05/2006)

Oct. 5, 2006 RECAP
61

ORDER granting 38 Motion to Certify Class; granting 11 Motion to Certify Class. Signed by Judge Richard L. Young on 11/20/06. (CLL) (Entered: 11/20/2006)

Nov. 20, 2006 RECAP
62

ORDER granting 40 Motion for Preliminary Injunction. Signed by Judge Richard L. Young on 11/20/06. (CLL) (Entered: 11/20/2006)

Nov. 20, 2006 RECAP
63

SCHEDULING ORDER: Status Conference set for 12/20/2006 01:30 PM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 11/30/2006. (TMA) (Entered: 11/30/2006)

Nov. 30, 2006 PACER
64

SCHEDULING ORDER: Status Conference set for 12/20/2006 IS VACATED AND RESCHEDULED FOR 1/8/2007 02:00 PM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 12/05/2006. (TMA) (Entered: 12/05/2006)

Dec. 5, 2006 PACER
65

RECEIPT for exhibits signed by a representative from the ACLU - IN. (TMA) (Entered: 12/21/2006)

Dec. 20, 2006 PACER
66

ENTRY - Parties appear in person and by counsel for settlement conference on 1/8/07. Conference held and successfully concluded. The Court has been advised that a settlement has been reached. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates, if any, are VACATED. IT IS ORDERED that within thirty (30) days of this date, counsel for the plaintiff shall file a motion to dismiss or a stipulation of dismissal. Signed by Judge William T. Lawrence on 01/09/07. (TMA) (Entered: 01/09/2007)

Jan. 9, 2007 PACER
67

NOTICE of Withdrawal of Appearance by James Osborn on behalf of CITY OF INDIANAPOLIS, MARION COUNTY SHERIFF (Osborn, James) (Entered: 01/23/2007)

Jan. 23, 2007 PACER
68

MOTION for Extension of Time to March 12, 2007 to File Settlement Papers, filed by Plaintiff JOHN DOES I - VI., (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 02/07/2007)

1 Text of Proposed Order

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Feb. 7, 2007 PACER
69

ORDER granting 68 Plaintiffs' Motion for Extension of Time to 03/12/2007 to file settlement papers. Signed by Judge William T. Lawrence on 02/09/2007. (TMA) (Entered: 02/12/2007)

Feb. 9, 2007 PACER
70

Second MOTION for Extension of Time to April 11, 2007 to File Settlement Papers, filed by Plaintiff JOHN DOES I - VI., (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 03/11/2007)

1 Text of Proposed Order

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March 11, 2007 PACER
71

ORDER granting 70 Motion for Extension of Time to 04/11/2007 to File settlement papers. Signed by Judge William T. Lawrence on 03/12/2007. (TMA) (Entered: 03/12/2007)

March 12, 2007 PACER
72

Third MOTION for Extension of Time to May 11, 2007 to FIle Settlement Papers and Motion for Conference with the Magistrate Judge, filed by Plaintiff JOHN DOES I - VI., (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/09/2007)

1 Text of Proposed Order

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April 9, 2007 PACER
73

ORDER granting 72 Motion for Extension of Time to 05/11/2007 to File settlement papers. SCHEDULING ORDER: Settlement Conference set for 4/20/2007 08:30 AM in room #277 before Magistrate Judge William T. Lawrence. Signed by Judge William T. Lawrence on 04/11/2007. (TMA) (Entered: 04/11/2007)

April 11, 2007 PACER
74

STIPULATION to Settle All Issues Following Notice to the Class / Motion to Approve Form of Notice to the Class, filed by Plaintiff JOHN DOES I - VI. (Attachments: # 1 Class Notice# 2 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/19/2007)

1 Class Notice

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2 Text of Proposed Order

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April 19, 2007 PACER
75

ORDER APPROVING form of notice to the class. Signed by Judge Richard L. Young on 4/30/07. (Attachments: # 1)(CLL) (Entered: 04/30/2007)

April 30, 2007 PACER
76

MOTION for Fairness Hearing, filed by Plaintiff JOHN DOES I - VI., (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/01/2007)

1 Text of Proposed Order

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May 1, 2007 PACER
77

MOTION for Fairness Hearing, filed by Plaintiff JOHN DOES I - VI., (Falk, Kenneth) (Entered: 05/03/2007)

May 3, 2007 PACER
78

ORDER granting 76 Motion; granting 77 Motion for fairness hearing. Signed by Judge Richard L. Young on 5/11/07. (CLL) (Entered: 05/14/2007)

May 11, 2007 PACER
79

NOTICE of Filing Report of Class Counsel by all plaintiffs (Falk, Kenneth) (Entered: 06/15/2007)

June 15, 2007 PACER
80

NOTICE, filed by Plaintiff JOHN DOES I - VI of Tender of Proposed Order. (Attachments: # 1 Text of Proposed Order) (Falk, Kenneth) (Entered: 06/18/2007)

1 Text of Proposed Order

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June 18, 2007 PACER
81

CLOSED JUDGMENT in favor of Plaintiffs against Defendants. Order APPROVES Stipulation to Settle and Final Judgment. Signed by Judge Richard L. Young on 6/22/07. (CLL) (Entered: 06/22/2007)

June 22, 2007 RECAP

State / Territory: Indiana

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: May 31, 2006

Closing Date: June 22, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who currently, or will in the future, live in, work in, or visit Marion County, and who are, or will be, persons within the category of sex offenders specified in Section 631-106(a) of Ch. 631 of the Rev. Code of the Consolidated City & County

Plaintiff Type(s):

City/County Plaintiff

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Indianapolis, City

Marion County (Marion), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

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

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2006 - None

Content of Injunction:

Preliminary relief granted