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)

Attorneys(s) for Plaintiff

Belzley, Gregory A. (Kentucky)

Meyer, Robert Kenyon (Kentucky)

Shelton, John R. (Kentucky)

Attorneys(s) for Defendant

Lowe, Robert Jeffrey (Indiana)

Mullineaux, Richard T (Indiana)

Judge(s)

Barker, Sarah Evans (Indiana)

Hussmann, William G. Jr. (Indiana)

Attorneys(s) for Plaintiff

Belzley, Gregory A. (Kentucky)

Meyer, Robert Kenyon (Kentucky)

Shelton, John R. (Kentucky)

Attorneys(s) for Defendant

Lowe, Robert Jeffrey (Indiana)

Mullineaux, Richard T (Indiana)

Documents in the Clearinghouse

Document

Docket (PACER)

Walker v. Floyd County, Indiana et al

Oct. 4, 2010 Docket
1

Class Action Complaint

Walker v. Floyd County, Indiana

Feb. 6, 2007 Complaint

Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction

Walker v. Floyd County, Indiana

April 1, 2007 Pleading / Motion / Brief
29

First Amended Class Action Complaint

Walker v. Floyd County, Indiana

May 25, 2007 Complaint
50

Entry Denying Plaintiff's Motion for Preliminary Injunction

2007 WL 2237622

July 31, 2007 Order/Opinion
103

Entry Denying Class Certification

Nov. 26, 2008 Order/Opinion
123

Entry on Motions to Intervene

2009 WL 2222886

July 22, 2009 Order/Opinion
178

Order of Partial Dismissal

June 15, 2010 Order/Opinion
183

Floyd County

Farnsley v. Floyd County

Sept. 27, 2010 Order/Opinion

Docket

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

Last updated May 13, 2022

ECF Number Description Date Link
1

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)

Feb. 6, 2007 RECAP
2

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

Feb. 6, 2007 PACER
3

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

Feb. 6, 2007 PACER
4

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

Feb. 6, 2007 PACER
5

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

Feb. 6, 2007 PACER
6

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

Feb. 6, 2007 PACER
7

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

Feb. 7, 2007 PACER
8

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

Feb. 14, 2007 PACER
9

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

Feb. 14, 2007 PACER
10

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

Feb. 14, 2007 PACER
11

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)

Feb. 14, 2007 PACER
12

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)

Feb. 14, 2007 PACER
13

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

Feb. 16, 2007 PACER
14

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

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2 Text of Proposed Order

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Feb. 21, 2007 PACER
15

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

Feb. 21, 2007 PACER
16

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

Feb. 27, 2007 PACER
17

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

March 7, 2007 PACER
18

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)

March 27, 2007 PACER
19

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

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April 24, 2007 PACER
20

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)

April 30, 2007 PACER
21

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

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2 Text of Proposed Order Proposed Order

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May 2, 2007 PACER
22

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

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2 Order Granting Preliminary Injunction

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May 3, 2007 PACER
23

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

May 7, 2007 PACER
24

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

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May 22, 2007 PACER
27

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)

May 22, 2007 PACER
25

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

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

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3 Exhibit Proposed Order Denying Plaintiffs' Motion for Preliminary Injunctio

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May 22, 2007 PACER
26

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)

May 23, 2007 PACER
28

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)

May 25, 2007 PACER
29

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)

May 25, 2007 PACER
30

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)

May 29, 2007 PACER
31

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

May 31, 2007 PACER
32

(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)

May 31, 2007 PACER
33

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

June 4, 2007 PACER
34

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

June 4, 2007 PACER
35

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

June 4, 2007 PACER
36

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

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June 6, 2007 PACER
37

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)

June 7, 2007 PACER
38

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

June 8, 2007 PACER
39

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

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2 Text of Proposed Order Order of Appearance

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June 11, 2007 PACER
40

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

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June 14, 2007 PACER
41

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)

June 20, 2007 PACER
42

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

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2 Appendix Writ of Habeas Corpus Ad Prosequendum for Brent Houser

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3 Appendix Writ of Habeas Corpus Ad Prosequendum for Angela Foster

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June 21, 2007 PACER
43

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)

June 21, 2007 PACER
44

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)

June 21, 2007 PACER
45

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)

June 21, 2007 PACER
46

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

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2 Appendix Writ of Habeas Corpus Ad Prosequendum for Brent Houser

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3 Appendix Writ of Habeas Corpus Ad Prosequendum for Angela Foster

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June 22, 2007 PACER
47

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

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June 22, 2007 PACER
48

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)

June 25, 2007 PACER
49

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)

June 26, 2007 PACER
50

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)

July 31, 2007 RECAP
51

*** 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

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Aug. 7, 2007 PACER
52

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

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2 Exhibit B

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Aug. 22, 2007 PACER
53

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)

Aug. 29, 2007 PACER
54

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)

Sept. 12, 2007 PACER
55

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

Sept. 13, 2007 PACER
56

*** 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

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2 Text of Proposed Order Proposed order to compel

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Oct. 12, 2007 PACER
57

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

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Oct. 23, 2007 PACER
58

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)

Oct. 30, 2007 PACER
59

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)

Nov. 7, 2007 PACER
60

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

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Dec. 11, 2007 PACER
61

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

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

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Dec. 12, 2007 PACER
62

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

Dec. 21, 2007 PACER
63

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)

Dec. 27, 2007 PACER
64

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)

Jan. 7, 2008 PACER
65

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)

Jan. 18, 2008 RECAP
66

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)

Jan. 18, 2008 PACER
67

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

Feb. 4, 2008 PACER
68

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

Feb. 7, 2008 PACER
69

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)

March 19, 2008 PACER
70

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)

March 20, 2008 PACER
71

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)

March 20, 2008 PACER
72

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)

April 14, 2008 PACER
73

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

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April 15, 2008 PACER
74

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)

April 16, 2008 PACER
75

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

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April 30, 2008 PACER
76

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

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April 30, 2008 PACER
77

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)

April 30, 2008 PACER
78

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

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April 30, 2008 PACER
79

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

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May 16, 2008 PACER
80

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)

May 19, 2008 PACER
81

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)

May 19, 2008 PACER
82

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)

May 21, 2008 PACER
83

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

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2 Exhibit One, Dr. Eichenberger Affidavit

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3 Exhibit Two, Margaret Lewis Affidavit

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4 Exhibit Three, Dr. Eichenberger Deposition Excerpts

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5 Exhibit Four, Margaret Lewis Deposition Excerpts

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June 2, 2008 PACER
84

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

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June 2, 2008 PACER
85

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

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June 2, 2008 PACER
86

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)

June 3, 2008 PACER
87

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)

June 3, 2008 PACER
88

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

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2 Cover Sheet for Sealed Document

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June 3, 2008 PACER
89

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)

June 6, 2008 PACER
90

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

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June 6, 2008 PACER
91

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)

June 11, 2008 PACER
92

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)

June 16, 2008 PACER
93

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

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2 Exhibit B, CA-MRSA Abscess Care and Treatment

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June 23, 2008 PACER
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) 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

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3 Text of Proposed Order Granting Leave to File Surreply

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July 17, 2008 PACER
95

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

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2 Text of Proposed Order

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July 17, 2008 PACER
96

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

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July 22, 2008 PACER
97

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)

July 23, 2008 PACER
98

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)

July 23, 2008 PACER
99

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)

July 23, 2008 PACER
100

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)

Aug. 18, 2008 PACER

State / Territory: Indiana

Case Type(s):

Jail Conditions

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

Floyd County Indiana (Floyd), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Sanitation / living conditions

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Skin Infections

Type of Facility:

Government-run