Case: Walker v. Floyd County

4:07-cv-00014 | U.S. District Court for the Southern District of Indiana

Filed Date: Feb. 6, 2007

Clearinghouse coding complete

Case Summary

On February 6, 2007, inmates confined at the Floyd County, Indiana Jail filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of Indiana, alleging that they became infected with a virulent, penicillin-resistant staph infection as a result of the deliberate indifference of Jail personnel. Plaintiffs alleged that they were thereby deprived without due process of law of their right not to be subjected to cruel and unusual punishment under the Eighth an…

On February 6, 2007, inmates confined at the Floyd County, Indiana Jail filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of Indiana, alleging that they became infected with a virulent, penicillin-resistant staph infection as a result of the deliberate indifference of Jail personnel. Plaintiffs alleged that they were thereby deprived without due process of law of their right not to be subjected to cruel and unusual punishment under the Eighth and Fourteenth Amendments to the United States Constitution and Indiana state law. Plaintiffs sought compensatory and punitive damages, declaratory and injunctive relief, and class certification.

Plaintiffs moved for a preliminary injunction, which Defendants opposed. The District Court (Judge Sarah Evans Barker) heard testimony and evidence on the motion at a June 26, 2007 hearing. The motion was taken under advisement.

At the time of this summary, the case was still pending.

Summary Authors

Dan Dalton (1/22/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4266346/parties/walker-v-floyd-county-indiana/


Judge(s)

Barker, Sarah Evans (Indiana)

Hussmann, William G. Jr. (Indiana)

Attorney for Plaintiff

Belzley, Gregory A. (Kentucky)

FARNSLEY, ERIC (Indiana)

Attorney for Defendant

Lowe, R. Jeffrey (Indiana)

Documents in the Clearinghouse

Documents in this case

4:07-cv-00014

Docket (PACER)

Walker v. Floyd County, Indiana et al

Oct. 4, 2010

Oct. 4, 2010

Docket
1

4:07-cv-00014

Class Action Complaint

Walker v. Floyd County, Indiana

Feb. 6, 2007

Feb. 6, 2007

Complaint

4:07-cv-00014

Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction

Walker v. Floyd County, Indiana

April 1, 2007

April 1, 2007

Pleading / Motion / Brief
29

4:07-cv-00014

First Amended Class Action Complaint

Walker v. Floyd County, Indiana

May 25, 2007

May 25, 2007

Complaint
50

4:07-cv-00014

Entry Denying Plaintiff's Motion for Preliminary Injunction

July 31, 2007

July 31, 2007

Order/Opinion

2007 WL 2237622

103

4:07-cv-00014

Entry Denying Class Certification

Nov. 26, 2008

Nov. 26, 2008

Order/Opinion
123

4:07-cv-00014

Entry on Motions to Intervene

July 22, 2009

July 22, 2009

Order/Opinion

2009 WL 2222886

178

4:07-cv-00014

Order of Partial Dismissal

June 15, 2010

June 15, 2010

Order/Opinion
183

4:07-cv-00014

Floyd County

Farnsley v. Floyd County

Sept. 27, 2010

Sept. 27, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4266346/walker-v-floyd-county-indiana/

Last updated July 20, 2026, 5:03 a.m.

Docket for: WALKER v. FLOYD COUNTY INDIANA
ECF Number Date Description Link
1 Feb. 6, 2007

COMPLAINT against FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, JANE DOES 1-3 with Jury Demand filed by PAMELA WALKER.(KTK) (Entered: 02/06/2007)

RECAP
2 Feb. 6, 2007

Summons Issued as to FLOYD COUNTY INDIANA, and DARRELL MILLS. (KTK) (Entered: 02/06/2007)

RECAP
3 Feb. 6, 2007

CIVIL COVER SHEET filed by Plaintiff PAMELA WALKER. (KTK) (Entered: 02/06/2007)

RECAP
4 Feb. 6, 2007

NOTICE - INSTRUCTIONS FOR PREPARING CASE MANAGEMENT PLAN issued. (KTK) (Entered: 02/06/2007)

RECAP
5 Feb. 6, 2007

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KTK) (Entered: 02/06/2007)

RECAP
6 Feb. 6, 2007

RECEIPT #401-1982 in the amount of $ 350.00, filing fee. (KTK) (Entered: 02/06/2007)

RECAP
7 Feb. 7, 2007

NOTICE of Appearance by Robert Kenyon Meyer on behalf of Plaintiff PAMELA WALKER. (Meyer, Robert) (Entered: 02/07/2007)

RECAP
8 Feb. 14, 2007

NOTICE of Appearance by Richard T. Mullineaux on behalf of Defendants FLOYD COUNTY INDIANA, DARRELL MILLS. (Mullineaux, Richard) (Entered: 02/14/2007)

RECAP
9 Feb. 14, 2007

NOTICE of Appearance by Robert Jeffrey Lowe on behalf of Defendants FLOYD COUNTY INDIANA, DARRELL MILLS. (Lowe, Robert) (Entered: 02/14/2007)

RECAP
10 Feb. 14, 2007

RETURN of Service by CMRRR, filed by PAMELA WALKER. FLOYD COUNTY INDIANA served on 2/7/2007. (Meyer, Robert) (Entered: 02/14/2007)

RECAP
11 Feb. 14, 2007

NOTICE of Appearance by Richard T. Mullineaux on behalf of Defendant JOHN DOES 1-3, Defendant JANE DOES 1-3. (Mullineaux, Richard) Modified on 2/15/2007 (KTK). (Entered: 02/14/2007)

RECAP
12 Feb. 14, 2007

NOTICE of Appearance by Robert Jeffrey Lowe on behalf of Defendant JOHN DOES 1-3, Defendant JANE DOES 1-3. (Lowe, Robert) Modified on 2/15/2007 (KTK). (Entered: 02/14/2007)

RECAP
13 Feb. 16, 2007

RETURN of Service by CMRRR, filed by PAMELA WALKER. DARRELL MILLS served on 2/8/2007. (Meyer, Robert) (Entered: 02/16/2007)

RECAP
14 Feb. 21, 2007

MOTION by Gregory A. Belzley to Appear pro hac vice filed by Plaintiff PAMELA WALKER. (Attachments: # 1 Good Standing Certificate# 2 Text of Proposed Order)(JLM) (Entered: 02/22/2007)

1 Good Standing Certificate

View on PACER

2 Text of Proposed Order

View on PACER

RECAP
15 Feb. 21, 2007

RECEIPT #NA000010 in the amount of $ 30.00 for PHV fee of Gregory A. Belzley. (JLM) (Entered: 02/22/2007)

RECAP
16 Feb. 27, 2007

ANSWER to Complaint with Jury Demand filed by all defendants.(Mullineaux, Richard) Modified on 2/28/2007 (KTK). (Entered: 02/27/2007)

RECAP
17 March 7, 2007

NOTICE of Appearance by John R. Shelton on behalf of Plaintiff PAMELA WALKER. (Shelton, John) (Entered: 03/07/2007)

RECAP
18 March 27, 2007

ORDER granting 14 Motion to Appear pro hac vice. Attorney Gregory A. Belzley for PAMELA WALKER added. Signed by Judge Sarah Evans Barker on 3/27/2007. (KTK) (Entered: 03/27/2007)

RECAP
19 April 24, 2007

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff PAMELA WALKER. (Attachments: # 1 Supplement Case Management Plan Summary)(Shelton, John) (Entered: 04/24/2007)

1 Supplement Case Management Plan Summary

View on PACER

RECAP
20 April 30, 2007

ORDER: CASE MANAGEMENT PLAN NOT APPROVED at this time. However, pursuant to Fed. R. Civ. P. 26(f), discovery may now commence. SCHEDULING ORDER:Telephonic Status Conference set for 5/25/2007 02:00 PM, New Albany time, before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 4/30/2007. (KTK) (Entered: 04/30/2007)

RECAP
21 May 2, 2007

MOTION for Leave to File First Amended Class Action Complaint, filed by Plaintiff PAMELA WALKER., (Attachments: # 1 Supplement First Amended Complaint# 2 Text of Proposed Order) (Meyer, Robert) Modified on 5/3/2007 (KTK). (Entered: 05/02/2007)

1 Supplement First Amended Complaint

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

RECAP
22 May 3, 2007

MOTION for Preliminary Injunction, filed by Plaintiff PAMELA WALKER., (Attachments: # 1 Memorandum in Support# 2 Order Granting Preliminary Injunction)(Meyer, Robert) (Entered: 05/03/2007)

1 Memorandum in Support

View on PACER

2 Order Granting Preliminary Injunction

View on PACER

RECAP
23 May 7, 2007

BRIEF/MEMORANDUM in Support re 22 MOTION for Preliminary Injunction, filed by Plaintiff PAMELA WALKER. (Meyer, Robert) (Entered: 05/07/2007)

RECAP
24 May 22, 2007

MOTION for Emergency Hearing re 22 MOTION for Preliminary Injunction, 23 Brief/Memorandum in Support of Motion, filed by Plaintiff PAMELA WALKER., (Attachments: # 1 Text of Proposed Order)(Meyer, Robert) (Entered: 05/22/2007)

1 Text of Proposed Order

View on PACER

RECAP
25 May 22, 2007

MOTION for Extension of Time to 5/22/07 to file response to 22 MOTION for Preliminary Injunction, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, JANE DOES 1-3. (Attachments: # 1 Text of Proposed Order Order Granting Extension of Time# 2 Exhibit Defendant's Respone to Plaintiff's Motion for Preliminary Injunction# 3 Exhibit Proposed Order Denying Plaintiffs' Motion for Preliminary Injunction)(Lowe, Robert) (Entered: 05/22/2007)

1 Text of Proposed Order Order Granting Extension of Time

View on PACER

2 Exhibit Defendant's Respone to Plaintiff's Motion for Preliminary Inju

View on PACER

3 Exhibit Proposed Order Denying Plaintiffs' Motion for Preliminary Injunctio

View on PACER

RECAP
27 May 22, 2007

RESPONSE in Opposition re 22 MOTION for Preliminary Injunction, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, JANE DOES 1-3. Filed 5/22/2007, per Entry # 26. (KTK) (Entered: 05/24/2007)

RECAP
26 May 23, 2007

ORDER granting 25 Motion for Extension of Time to File Response re 22 MOTION for Preliminary Injunction and Response attached to the Motion is hereby deemed filed as of 5/22/2007. Signed by Judge William G. Hussmann Jr. on 5/23/2007. (KTK) (Entered: 05/24/2007)

RECAP
28 May 25, 2007

ORDER granting 21 Plaintiff's Motion for Leave to File First Amended Complaint. Signed by Judge Sarah Evans Barker on 5/25/07. (JLM) (Entered: 05/25/2007)

RECAP
29 May 25, 2007

AMENDED COMPLAINT against FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, and, JANE DOES 1-3 filed by PAMELA WALKER. Filed per # 28.(KTK) (Entered: 05/29/2007)

RECAP
30 May 29, 2007

ORDER granting 24 Motion - Evidentiary Hearing, on the issues made the subject of plaintiff's motion for preliminary injunction, set for 6/26/2007 10:00 AM in room #200 before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 5/29/2007. (KTK) (Entered: 05/29/2007)

RECAP
31 May 31, 2007

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Status Conference held on 5/25/2007. (KTK) (Entered: 05/31/2007)

RECAP
32 May 31, 2007

(continuation of # 31) SCHEDULING ORDER: Settlement Conference set for 8/23/2007 01:00 PM, New Albany time, in room #228 before Magistrate Judge William G. Hussmann Jr. Signed by Judge William G. Hussmann Jr. on 5/31/2007. (KTK) (Entered: 05/31/2007)

RECAP
33 June 4, 2007

NOTICE of Appearance by Richard T. Mullineaux on behalf of Defendants STEVE KNIGHT, RANDY HUBBARD. (Mullineaux, Richard) (Entered: 06/04/2007)

RECAP
34 June 4, 2007

NOTICE of Appearance by Robert Jeffrey Lowe on behalf of Defendants STEVE KNIGHT, RANDY HUBBARD. (Lowe, Robert) (Entered: 06/04/2007)

RECAP
35 June 4, 2007

Defendants' ANSWER to Amended Complaint, filed by all defendants.(Lowe, Robert) (Entered: 06/04/2007)

RECAP
36 June 6, 2007

MOTION for Extension of Time to June 11, 2007 to file reply to 22 MOTION for Preliminary Injunction, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Text of Proposed Order granting extension)(Meyer, Robert) (Entered: 06/06/2007)

1 Text of Proposed Order granting extension

View on PACER

RECAP
37 June 7, 2007

ORDER granting 36 Plaintiffs' Motion for Extension of Time to File Reply re 22 MOTION for Preliminary Injunction. Plaintiffs shall file their reply on or before 6/11/2007. Signed by Judge Sarah Evans Barker on 6/7/07. (JLM) (Entered: 06/07/2007)

RECAP
38 June 8, 2007

REPLY in Support of Motion re 22 MOTION for Preliminary Injunction, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Meyer, Robert) (Entered: 06/08/2007)

RECAP
39 June 11, 2007

MOTION for Order of Personal Appearance, filed by Plaintiff PAMELA WALKER., (Attachments: # 1 Text of Proposed Order Order of Appearance# 2 Text of Proposed Order Order of Appearance)(Shelton, John) (Entered: 06/11/2007)

1 Text of Proposed Order Order of Appearance

View on PACER

2 Text of Proposed Order Order of Appearance

View on PACER

RECAP
40 June 14, 2007

MOTION for Joinder in the Motion for Preliminary Injunction, filed by Plaintiff BRENT HOUSER., (Attachments: # (1) Text of Proposed Order)(Meyer, Robert) Modified on 6/15/2007 (KTK). (Entered: 06/14/2007)

1 Text of Proposed Order

View on PACER

RECAP
41 June 20, 2007

NOTICE of Service of Initial Disclosures, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Lowe, Robert) (Entered: 06/20/2007)

RECAP
42 June 21, 2007

APPLICATION for Writ of Habeas Corpus Ad Prosequendum by all plaintiffs. (Attachments: # 1 Appendix Writ of Habeas Corpus Ad Prosequendum for Pamela Walker# 2 Appendix Writ of Habeas Corpus Ad Prosequendum for Brent Houser# 3 Appendix Writ of Habeas Corpus Ad Prosequendum for Angela Foster)(Belzley, Gregory) (Entered: 06/21/2007)

1 Appendix Writ of Habeas Corpus Ad Prosequendum for Pamela Walker

View on PACER

2 Appendix Writ of Habeas Corpus Ad Prosequendum for Brent Houser

View on PACER

3 Appendix Writ of Habeas Corpus Ad Prosequendum for Angela Foster

View on PACER

RECAP
43 June 21, 2007

WRIT of HABEAS CORPUS AD PROSEQUENDUM issued for the presence of Pamela Walker for the 6/26/2007, 10:00am proceedings. Signed 6/21/2007 by Judge Sarah Evans Barker. (KTK) (Entered: 06/21/2007)

RECAP
44 June 21, 2007

WRIT of HABEAS CORPUS AD PROSEQUENDUM issued for the presence of Brent Houser to at 6/26/2007 10:00AM proceedings. Signed 6/21/2007, Judge Sarah Evans Barker. (KTK) (Entered: 06/21/2007)

RECAP
45 June 21, 2007

WRIT of HABEAS CORPUS AD PROSEQUENDUM issued for the presence of Angela Foster as the 6/26/2007, 10:00AM proceedings. Costs of compliance with writ shall be borne by Plaintiffs. Signed on 6/21/2007, by Judge Sarah Evans Barker. (KTK) (Entered: 06/21/2007)

RECAP
46 June 22, 2007

Submission of Signature Requirement re 42 Application for Writ, by all plaintiffs. (Attachments: # 1 Appendix Writ of Habeas Corpus Ad Prosequendum for Pamela Walker# 2 Appendix Writ of Habeas Corpus Ad Prosequendum for Brent Houser# 3 Appendix Writ of Habeas Corpus Ad Prosequendum for Angela Foster)(Meyer, Robert) (Entered: 06/22/2007)

1 Appendix Writ of Habeas Corpus Ad Prosequendum for Pamela Walker

View on PACER

2 Appendix Writ of Habeas Corpus Ad Prosequendum for Brent Houser

View on PACER

3 Appendix Writ of Habeas Corpus Ad Prosequendum for Angela Foster

View on PACER

RECAP
47 June 22, 2007

APPLICATION for Writ of Habeas Corpus Ad Prosequendum by all plaintiffs. (Attachments: # 1 Appendix Writ of Habeas Corpus Ad Prosequendum for Paula Benton)(Belzley, Gregory) (Entered: 06/22/2007)

1 Appendix Writ of Habeas Corpus Ad Prosequendum for Paula Benton

View on PACER

RECAP
48 June 25, 2007

WRIT of HABEAS CORPUS AD PROSEQUENDUM issued for the presence of Paula Benton for the 6/26/2007, 10:00 a.m. proceedings. Signed 6/25/2007 by Judge Sarah Evans Barker. (JLM) Modified on 6/25/2007 (JLM). (Entered: 06/25/2007)

RECAP
49 June 26, 2007

Minute Entry for proceedings held before Judge Sarah Evans Barker : Motion Hearing held on 6/26/2007 re 22 MOTION for Preliminary Injunction filed by PAMELA WALKER. The Court addressed some preliminary matters, including Plaintiff Brent Houser's Motion to Join in the Motion for Preliminary Injunction 40 . Plaintiffs' counsel conceded that the Motion 40 was moot and withdrew it. Parties presented evidence. Witnesses were examined and cross examined. Defendants rested. Plaintiffs had no rebuttal evidence. All parties waived closing arguments. The Court took the matter under advisement, and the proceeding were adjourned.(Court Reporter Fred Pratt.) (KTK) (Entered: 06/28/2007)

RECAP
50 July 31, 2007

ORDER denying 22 Motion for Preliminary Injunction. IT IS SO ORDERED. Signed by Judge Sarah Evans Barker on 7/31/2007. (KTK) (Entered: 08/01/2007)

RECAP
51 Aug. 7, 2007

*** WITHDRAWN per # 55 *** MOTION to Produce HIPAA-Protected Inmate Documents, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER., (Attachments: # 1 Text of Proposed Order)(Belzley, Gregory) Modified on 9/14/2007 (KTK). (Entered: 08/07/2007)

1 Text of Proposed Order

View on PACER

RECAP
52 Aug. 22, 2007

Defendants' Response to 51 Motion for Production of HIPAA-protected inmate documents, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Attachments: # 1 Exhibit A; # 2 Exhibit B)(Lowe, Robert) Modified on 8/29/2007 (KTK). (Entered: 08/22/2007)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

RECAP
53 Aug. 29, 2007

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Settlement Conference held on 8/23/2007. PLaintiffs are GRANTED an extension of time to and including 9/13/2007, to file a reply brief to Motion for Production of DOcuments (Docket # 51) if necessary. The parties are DIRECTED to exchange such discovery information as relates to the class action issue. (KTK) (Entered: 08/29/2007)

RECAP
54 Sept. 12, 2007

NOTICE of Withdrawal of Plaintiffs' Motion for Production of HIPAA-Protected Inmate Documents, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER, re 51 MOTION to Produce HIPAA-Protected Inmate Documents. (Belzley, Gregory) (Entered: 09/12/2007)

RECAP
55 Sept. 13, 2007

ORDER withdrawing 51 Motion to Produce. Signed by Judge Sarah Evans Barker on 9/13/2007. (KTK) (Entered: 09/14/2007)

RECAP
56 Oct. 12, 2007

*** WITHDRAWN per # 58 *** MOTION to Compel Inspection of Premises, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER., (Attachments: # 1 Exhibit E-mail# 2 Text of Proposed Order Proposed order to compel)(Meyer, Robert) Modified on 10/30/2007 (KTK). (Entered: 10/12/2007)

1 Exhibit E-mail

View on PACER

2 Text of Proposed Order Proposed order to compel

View on PACER

RECAP
57 Oct. 23, 2007

MOTION to Withdraw 56 MOTION to Compel Inspection of Premises, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Text of Proposed Order)(Meyer, Robert) (Entered: 10/23/2007)

1 Text of Proposed Order

View on PACER

RECAP
58 Oct. 30, 2007

ORDER granting 57 Motion to Withdraw 56 MOTION to Compel Inspection of Premises. Signed by Judge William G. Hussmann Jr. on 10/30/2007. (KTK) (Entered: 10/30/2007)

RECAP
59 Nov. 7, 2007

Minute Entry for proceedings held before Judge William G. Hussmann Jr.: Telephonic Settlement/Status Conference held on 10/31/2007. Any motions to certify this case as a class action shall be filed on or before 2/1/2008. (KTK) (Entered: 11/07/2007)

RECAP
60 Dec. 11, 2007

MOTION to Compel Inspection of the Floyd County Detention Center, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Text of Proposed Order)(Belzley, Gregory) (Entered: 12/11/2007)

1 Text of Proposed Order

View on PACER

RECAP
61 Dec. 12, 2007

SUBMISSION OF OMITTED EXHIBITS for 60 MOTION to Compel Inspection of the Floyd County Detention Center, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Exhibit Plaintiff's Request to Inspect, # 2 Exhibit Defendants' Response to Plaintiff's Request for Production of Documents)(Belzley, Gregory) Modified on 12/13/2007 (PGS). Modified on 1/3/2008 (TMD). (Entered: 12/12/2007)

1 Exhibit Plaintiff's Request to Inspect

View on PACER

2 Exhibit Defendants' Response to Plaintiff's Request for Production of

View on PACER

RECAP
62 Dec. 21, 2007

NOTICE of Taking Deposition of Randy Hubbard by PAMELA WALKER. (KTK) (Entered: 12/21/2007)

RECAP
63 Dec. 27, 2007

RESPONSE in Opposition re 60 MOTION to Compel Inspection of the Floyd County Detention Center, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Lowe, Robert) (Entered: 12/27/2007)

RECAP
64 Jan. 7, 2008

REPLY in Support of Motion re 60 MOTION to Compel Inspection of the Floyd County Detention Center, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Belzley, Gregory) (Entered: 01/07/2008)

RECAP
65 Jan. 18, 2008

ORDER granting in part and denying in part 60 Motion to Compel Inspection of the Floyd County Detention Center. See order for particulars. Signed by Magistrate Judge William G. Hussmann, Jr on 1/18/2008. (KTK) (Entered: 01/18/2008)

RECAP
66 Jan. 18, 2008

Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Telephonic Status Conference held on 1/9/2008. Plaintiffs orally moved to extend the deadline for filing their motions for class certification for 60 days. Over the objection of the Defendants, the motion is GRANTED. (KTK) (Entered: 01/18/2008)

RECAP
67 Feb. 4, 2008

TRANSCRIPT of Proceedings held on June 26, 2007 before Judge Sarah Evans Barker. Court Reporter: Fred Pratt. (One Volume) (MAC) (Entered: 02/04/2008)

RECAP
68 Feb. 7, 2008

NOTICE of Change of Address by R. Jeffrey Lowe (Lowe, R.) (Entered: 02/07/2008)

RECAP
69 March 19, 2008

MOTION for Extension of Time to April 15, 2008 to File Motion for Class Certification, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Shelton, John) (Entered: 03/19/2008)

RECAP
70 March 20, 2008

Submission of Proposed Order for Extension of Time to File Class Certification, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Shelton, John) (Entered: 03/20/2008)

RECAP
71 March 20, 2008

ORDER granting 69 Motion for Extension of Time to 4/15/2008, to file a Motion for Class Certification. Signed by Magistrate Judge William G. Hussmann, Jr on 3/20/2008. (KTK) (Entered: 03/21/2008)

RECAP
72 April 14, 2008

Submission Agreed Order for Extension of Time for Plaintiffs' Motion for Class Certification, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER, Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Belzley, Gregory) (Entered: 04/14/2008)

RECAP
73 April 15, 2008

Unopposed MOTION for Extension of Time to April 30, 2008 in which to file Motion for Class Certification, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Text of Proposed Order)(Belzley, Gregory) (Entered: 04/15/2008)

1 Text of Proposed Order

View on PACER

RECAP
74 April 16, 2008

ORDER granting 73 Motion for Extension of Time to and including 4/30/2008, to file Plaintiffs' motion for class certification. Signed by Magistrate Judge William G. Hussmann, Jr on 4/16/2008. (KTK) (Entered: 04/16/2008)

RECAP
75 April 30, 2008

MOTION for Leave to File Excess Pages, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Text of Proposed Order)(Belzley, Gregory) (Entered: 04/30/2008)

1 Text of Proposed Order

View on PACER

RECAP
76 April 30, 2008

MOTION to Certify Class, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Text of Proposed Order)(Belzley, Gregory) (Entered: 04/30/2008)

1 Text of Proposed Order

View on PACER

RECAP
77 April 30, 2008

BRIEF/MEMORANDUM in Support re 76 MOTION to Certify Class, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. *** NOTE: Reference List and declarations SEALED per # 80 *** (Attachments: # (1) Exhibit A, CDC MRSA Information for Public, # (2) Exhibit B, Part 1, Management of MRSA, # (3) Exhibit B, Part 2, Management of MRSA, # (4) Exhibit C, Chicago Tribune Article, # (5) Exhibit D, Invasive MRSA Infections in U.S., # (6) Exhibit E, Communicable Disease Control, # (7) Exhibit F, Community Associated MRSA, # (8) Exhibit G, The Role of Institutional Epidemiologic, # (9) Exhibit H, Affidavit of Dr. Clark, # (10) Exhibit I, Spotlight: So Your Facility has CA-MRSA, # (11) Exhibit J, MRSA in Correctional Settings, # (12) Exhibit K, Medical & Suicide Questionnaire, # (13) Exhibit L, Dr. Eichenberger Deposition, # (14) Exhibit M, Nurse Lewis Deposition, # (15) Exhibit N, Exhibit Filed Under Seal)(Belzley, Gregory) Modified on 5/19/2008 (KTK). (Entered: 04/30/2008)

RECAP
78 April 30, 2008

MOTION to Seal Document 77 Brief/Memorandum in Support of Motion, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Text of Proposed Order)(Belzley, Gregory) (Entered: 04/30/2008)

1 Text of Proposed Order

View on PACER

RECAP
79 May 16, 2008

MOTION for Extension of Time to June 2, 2008 in which to 76 MOTION to Certify Class, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Attachments: # 1 Text of Proposed Order)(Lowe, R.) (Entered: 05/16/2008)

1 Text of Proposed Order

View on PACER

RECAP
80 May 19, 2008

ORDER granting 78 Motion to Seal the reference list and declarations attached to 77 Brief/Memorandum in Support of Motion for Class Certification. Signed by Magistrate Judge William G. Hussmann, Jr on 05/19/2008. (KTK) (Entered: 05/19/2008)

RECAP
81 May 19, 2008

ORDER granting 75 Motion for Leave to File the 38 page Memorandum in support Motion for Class Certification (See docket number 77). Signed by Magistrate Judge William G. Hussmann, Jr on 05/19/2008. (KTK) (Entered: 05/19/2008)

RECAP
82 May 21, 2008

ORDER granting 79 Defendant's Unopposed Motion for Extension of Time until 6/2/2008, to respond to 76 Plaintiffs' Motion for Class Certification. Signed by Magistrate Judge William G. Hussmann, Jr on 5/21/08. (JLM) (Entered: 05/21/2008)

RECAP
83 June 2, 2008

RESPONSE in Opposition re 76 MOTION to Certify Class, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit One, Dr. Eichenberger Affidavit, # 3 Exhibit Two, Margaret Lewis Affidavit, # 4 Exhibit Three, Dr. Eichenberger Deposition Excerpts, # 5 Exhibit Four, Margaret Lewis Deposition Excerpts)(Lowe, R.) (Entered: 06/02/2008)

1 Text of Proposed Order

View on PACER

2 Exhibit One, Dr. Eichenberger Affidavit

View on PACER

3 Exhibit Two, Margaret Lewis Affidavit

View on PACER

4 Exhibit Three, Dr. Eichenberger Deposition Excerpts

View on PACER

5 Exhibit Four, Margaret Lewis Deposition Excerpts

View on PACER

RECAP
84 June 2, 2008

MOTION for Leave to File Supporting Memorandum in Excess of 35 pages, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Attachments: # 1 Text of Proposed Order)(Lowe, R.) (Entered: 06/02/2008)

1 Text of Proposed Order

View on PACER

RECAP
85 June 2, 2008

MOTION for Leave to File Exhibits Attached to Margaret Lewis' Affidavit Manually Under Seal, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Attachments: # 1 Text of Proposed Order)(Lowe, R.) (Entered: 06/02/2008)

1 Text of Proposed Order

View on PACER

RECAP
86 June 3, 2008

ORDER denying 85 Defendants' Motion for Leave to File Exhibits Attached to Margaret Lewis Affidavit Manually Under Seal. Signed by Judge Sarah Evans Barker on 6/3/2008. (JLM) (Entered: 06/03/2008)

RECAP
87 June 3, 2008

SEALED Exhibits to Lewis Affidavit, re 83 Response in Opposition to Motion, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Attachments: # (1) Exhibit to Lewis Affidavit (Part 1), # (2) Exhibit to Lewis Affidavit (Part 2), # (3) Exhibit to Lewis Affdavit (Part 3), # (4) Exhibit to Lewis Affidavit (Part 4), # (5) Exhibit to Lewis Affidavit (Part 5), # (6) Exhibit to Lewis Affidavit (Part 6)(Lowe, R.) Modified on 6/4/2008 (JLM). (Entered: 06/03/2008)

RECAP
88 June 3, 2008

MOTION for Leave to file under seal - Document 87 SEALED Document, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Attachments: # 1 Text of Proposed Order, # 2 Cover Sheet for Sealed Document)(Lowe, R.) Modified on 6/4/2008 (TMD). (Entered: 06/03/2008)

1 Text of Proposed Order

View on PACER

2 Cover Sheet for Sealed Document

View on PACER

RECAP
89 June 6, 2008

ORDER granting 88 Defendant's Renewed Motion for Leave to File Exhibit Under Seal. Defendants are granted leave to file the attachments to Margaret Lewis' Affidavit filed in Support of the Defendants' Response to the Plaintiffs' Motion for Class Certification under seal. Signed by Magistrate Judge William G. Hussmann, Jr on 6/6/08. (JLM) (Entered: 06/06/2008)

RECAP
90 June 6, 2008

MOTION for Extension of Time to June 21, 2008, to file Reply in Support of 76 Plaintiffs' Motion for Class Certification, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Extension of Time to Reply to Defendants' Response to Plaintiffs' Motion for Class Certification)(Shelton, John) Modified on 6/9/2008 (JLM). (Entered: 06/06/2008)

1 Text of Proposed Order Order Granting Plaintiffs' Unopposed Motion for Exte

View on PACER

RECAP
91 June 11, 2008

ORDER granting 84 defendants' Motion for Leave to File Memorandum in excess of the limit imposed by Local Rule 7.1(c). Signed by Magistrate Judge William G. Hussmann, Jr on 6/11/2008. (KTK) (Entered: 06/11/2008)

RECAP
92 June 16, 2008

ORDER granting 90 Unopposed Motion for Extension of Time. Plaintiffs' time to reply to the Defendants' Response to 76 Plaintiff's Motion for Class Certification shall be and hereby is extended to 6/21/08. Signed by Magistrate Judge William G. Hussmann, Jr on 6/16/08. (JLM) Modified on 6/16/2008 (JLM). (Entered: 06/16/2008)

RECAP
93 June 23, 2008

REPLY in Support of Motion re 76 MOTION to Certify Class, 78 MOTION to Seal Document 77 Brief/Memorandum in Support of Motion, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Exhibit A, Community-Acquired MRSA Infection, # 2 Exhibit B, CA-MRSA Abscess Care and Treatment)(Meyer, Robert) (Entered: 06/23/2008)

1 Exhibit A, Community-Acquired MRSA Infection

View on PACER

2 Exhibit B, CA-MRSA Abscess Care and Treatment

View on PACER

RECAP
94 July 17, 2008

MOTION for Leave to File Surreply to Plaintiff's' Reply to Defendants' Response to Plaintiffs' Motion for Class Certification, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Attachments: # (1) Exhibit Proposed Surreply, # (2) ***SEALED PER DOC #99*** Exhibit Dr. Eichenberger's Deposition Testimony, # (3) Text of Proposed Order Granting Leave to File Surreply)(Lowe, R.) Modified on 7/18/2008 (JLM). Modified on 7/23/2008 (JLM). (Entered: 07/17/2008)

1 Exhibit Proposed Surreply

View on PACER

3 Text of Proposed Order Granting Leave to File Surreply

View on PACER

RECAP
95 July 17, 2008

MOTION to Seal Document 94 MOTION for Leave to File Surreply to Plaintiff's' Reply to Defendants' Response to Plaintiffs' Motion for Class Certification, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Attachments: # 1 Cover Sheet for Sealed Document, # 2 Text of Proposed Order)(Lowe, R.) (Entered: 07/17/2008)

1 Cover Sheet for Sealed Document

View on PACER

2 Text of Proposed Order

View on PACER

RECAP
96 July 22, 2008

RESPONSE in Opposition re 94 MOTION for Leave to File Surreply to Plaintiff's' Reply to Defendants' Response to Plaintiffs' Motion for Class Certification, filed by Plaintiffs PAMELA WALKER, BRENT HOUSER. (Attachments: # 1 Text of Proposed Order)(Shelton, John) (Entered: 07/22/2008)

1 Text of Proposed Order

View on PACER

RECAP
97 July 23, 2008

ORDER granting 94 Defendant's Motion for Leave to File Surreply. The Surreply attached to the Defendants' Motion for Leave to File Surreply, is hereby filed as of today's date. The Clerk shall detach the proposed surreply from Docket #94 and file it with the Court, causing an appropriate docket entry to be made. Signed by Judge Sarah Evans Barker on 7/23/08. (JLM) (Entered: 07/23/2008)

RECAP
98 July 23, 2008

Surreply re 76 MOTION to Certify Class, filed by Defendants FLOYD COUNTY INDIANA, DARRELL MILLS, JOHN DOES 1-3, STEVE KNIGHT, RANDY HUBBARD, JANE DOES 1-3. (Attachments: # (1)***SEALED PER DOC #99*** Dr. Eichenberger's Deposition Testimony)(JLM) Modified on 7/23/2008 (JLM). (Entered: 07/23/2008)

RECAP
99 July 23, 2008

ORDER granting 95 Motion to Seal. The Defendants are granted leave to file the attachments to 94 Motion for Leave to File a Surreply under seal. Signed by Magistrate Judge William G. Hussmann, Jr on 7/23/08. (JLM) (Entered: 07/23/2008)

RECAP
100 Aug. 18, 2008

Minute Order. for proceedings held before Magistrate Judge William G. Hussmann, Jr: Telephone Conference held on 8/11/2008. The settlement conference set for 8/15/2008 is VACATED.(KTK) (Entered: 08/18/2008)

RECAP

Case Details

State / Territory:

Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 6, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who, while incarcerated at the Jail, have acquired infectious diseases as a consequence of Defendants' failure to protect such inmates and their neglect and deliberate indifference.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

County

Floyd County Indiana

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

Southern District of Indiana 4:07-cv-00014

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Sanitation / living conditions

Affected Sex/Gender(s):

Female

Male

Medical/Mental Health Care:

Medical care, general

Skin Infections

Recommended Citation