Case: Gentry v. Floyd County

4:14-cv-00054 | U.S. District Court for the Southern District of Indiana

Filed Date: June 12, 2014

Closed Date: Sept. 29, 2017

Clearinghouse coding complete

Case Summary

On June 12, 2014, six individuals formerly held in the Floyd County Jail filed a class-action complaint in the Southern District of Indiana, against Floyd County, Indiana, the Sheriff in his official and unofficial capacities, corrections officers of Floyd County Jail, and other sheriff department workers under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, sought actual and punitive damages for themselves and the other members of their class, declaratory judgment stating all…

On June 12, 2014, six individuals formerly held in the Floyd County Jail filed a class-action complaint in the Southern District of Indiana, against Floyd County, Indiana, the Sheriff in his official and unofficial capacities, corrections officers of Floyd County Jail, and other sheriff department workers under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, sought actual and punitive damages for themselves and the other members of their class, declaratory judgment stating all policies enforcing humiliating and torturous practices were unconstitutional, and an injunction prohibiting the defendants from practicing or enforcing those policies. The plaintiffs claimed their Fourth, Fifth, Eighth, Ninth, and Fourteenth Amendment Rights were violated. Specifically, they claimed that during detention in Floyd County Jail, through use of excessive force, they were stripped of their clothing and kept in a state of undress in a padded cell in violation of their constitutional rights.

In the complaint, the plaintiffs claimed they were stripped of their clothing without probable cause or provocation. They claimed this action was done in front of members of the opposite sex, in view of jail employees, and on surveillance tapes containing images of the plaintiffs' naked bodies. The plaintiffs were kept in a padded room without access to a phone or bathroom and left in the state of undress until given a smock. The plaintiffs additionally claimed the defendants used excessive and unnecessary force through pepper spray or taser absent provocation or probable cause. The plaintiffs claimed that the defendants were using the same policies and practices implemented against them on other detained individuals. The plaintiffs alleged these abuses were a result of policies and practices implemented by the jail. The plaintiffs later amended their complaint on November 12, 2014, to include three more representatives. One of the new plaintiffs moved to sever their claim, which Chief Judge Richard Young granted on February 17, 2016.

On June 15, 2015, the plaintiffs filed a motion for class certification, which Judge Young granted on February 16, 2016. The final approved designated class was: “All inmates confined from June 12, 2012, to present in the Floyd County Jail who were not on a suicide watch, but were housed in a padded cell where they were deprived of clothing, bedding, and hygiene products.” The court also approved a subclass of “[t]hose class members who were subjected to weapons deployment while confined and secured in the padded cells.” 313 F.R.D. 72.

On March 1, 2016, the defendants filed a motion for reconsideration of the class certification arguing that the main class did not meet the requirements for commonality and predominance. Additionally, the defendants argued the subclass did not contain enough members. On July 25, 2016, Chief Judge Young granted the defendants' motion in part and denied in part. He found that the court did not err with respect to the main class but the subclass did not include enough members. 2016 WL 4088748. The plaintiffs appealed the redetermination of the subclass on July 29, 2016, arguing there would be enough members. The motion was denied on October 27, 2016, because Chief Judge Young found the subclass definition involved an officer’s choice to use force and therefore could not be used for class certification.

The defendants appealed to the Seventh Circuit the plaintiffs' main class certification and moved for a stay pending their appeal. On August 24, 2016 the appeal to the Seventh Circuit was denied. The motion for stay was denied two days later.

On February 6, 2017, the parties moved jointly to approve settlement. Magistrate Judge Baker approved the settlement on August 2, 2017. The settlement detailed the creation of a settlement fund for $1,230,000. Attorney fees amounted to 37% of the settlement fund, and each plaintiff was paid an additional $15,000 for their time as class representative in the litigation. The rest of the settlement fund was to be distributed to the class. Each member who was subjected to the deployment of taser or pepper spray with a valid claim were to receive an additional $3,000. Any remaining funds were to be redistributed evenly among class members with each member not getting more than $25,000. Any remaining funds were to be returned to the defendants.

The settlement fund was agreed to be explicitly for damages resulting from alleged personal injuries and not as a form of punitive damages. The settlement also detailed the policy advising the treatment of individuals in this manner was to be suspended. Additionally, Field Training Officers were to be independently certified, and new employees were to go through orientation and receive training on how to handle new inmates. Finally, the facility supervisor, security supervisor, and classification officer needed to attend Inmate Behavior Management and Training conducted by the National Institute of Corrections.

The court approved the parties’ Joint Motion for Final Approval of Class Action Settlement on August 2, 2017. The case is now closed.

Summary Authors

Taylor Brook (1/25/2018)

Justin Hill (3/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5164536/parties/gentry-v-floyd-county-indiana/


Judge(s)

Baker, Tim A. (Indiana)

Attorney for Plaintiff

Canon, Daniel J. (Kentucky)

Landenwich, Laura E. (Kentucky)

Attorney for Defendant

Fox, Richard R (Indiana)

Lowe, Robert Jeffrey (Indiana)

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Documents in the Clearinghouse

Document

4:14-cv-00054

Docket

Gentry v. Floyd County, Indiana

Sept. 29, 2017

Sept. 29, 2017

Docket
1

4:14-cv-00054

Complaint

Gentry v. Floyd County, Indiana

June 12, 2014

June 12, 2014

Complaint
17

4:14-cv-00054

First Amended Class Action Complaint

Nov. 12, 2014

Nov. 12, 2014

Complaint
75

4:14-cv-00054

Entry on Plaintiff's Motion to Certify Class

Gentry v. Floyd County, Indiana

Feb. 16, 2016

Feb. 16, 2016

Order/Opinion

313 F.R.D. 313

87

4:14-cv-00054

Entry on Defendants' Motion For Reconsideration of Court's Entry on Plaintiff's Motion to Certify Class

Gentry v. Floyd County, Indiana

July 25, 2016

July 25, 2016

Order/Opinion

2016 WL 2016

112

4:14-cv-00054

Order on Plaintiffs' Motion to Approve Class Certification Notice

Oct. 26, 2016

Oct. 26, 2016

Order/Opinion
111

4:14-cv-00054

Entry on Plaintiffs' Motion to Reconsider De-Certification of Subclass

Oct. 27, 2016

Oct. 27, 2016

Order/Opinion
125

4:14-cv-00054

Settlement Agreement

Gentry v. Floyd County, Indiana

July 23, 2017

July 23, 2017

Settlement Agreement
129

4:14-cv-00054

Order Granting Final Approval of Class Action Settlement

Aug. 2, 2017

Aug. 2, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5164536/gentry-v-floyd-county-indiana/

Last updated Feb. 12, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756−3089310) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons)(Landenwich, Laura) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

2

NOTICE of Appearance by Laura Elizabeth Landenwich on behalf of Plaintiffs TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, ADAM WALKER. (Landenwich, Laura) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

3

Summons Issued as to OFFICER ATHERTON, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (JLM) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

4

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JLM) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

5

NOTICE of Appearance by R. Jeffrey Lowe on behalf of Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Lowe, R.) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

6

NOTICE of Appearance by Daniel J. Canon on behalf of Plaintiffs TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, ADAM WALKER. (Canon, Daniel) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

7

NOTICE of Parties' First Extension of Time, filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Lowe, R.) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

8

RETURN of Service by CMRRR, filed by All Plaintiffs. FLOYD COUNTY, INDIANA served on 6/24/2014. (Landenwich, Laura) (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

9

NOTICE of Appearance by Richard R. Fox on behalf of Defendant FLOYD COUNTY, INDIANA. (Fox, Richard) (Entered: 07/14/2014)

July 14, 2014

July 14, 2014

10

Defendants' ANSWER to 1 Complaint , filed by OFFICER ATHERTON, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY.(Lowe, R.) (Entered: 08/01/2014)

Aug. 1, 2014

Aug. 1, 2014

11

MOTION for Leave to File First Amended Complaint , filed by Plaintiffs TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, ADAM WALKER. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Text of Proposed Order)(Landenwich, Laura) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

12

CASE MANAGEMENT PLAN TENDERED, filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY . (Lowe, R.) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

13

ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Jury Trial set for 12/7/2015, at 9:00 AM, New Albany time (EST), in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. The Court has allotted 10 days. Dispositive Motions due by 6/12/2015. Telephonic Status Conference set for 12/23/2014, at 11:00 AM, New Albany time (EST), before Magistrate Judge William G. Hussmann Jr. See attachment for particulars, including description of which client(s) must attend. Signed by Magistrate Judge William G. Hussmann, Jr on 9/19/2014.(JLM) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

14

NOTICE of Service of Initial Disclosures , filed by Plaintiffs TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, ADAM WALKER. (Landenwich, Laura) (Entered: 10/13/2014)

Oct. 13, 2014

Oct. 13, 2014

15

NOTICE of Service of Initial Disclosures , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Lowe, R.) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

16

ORDER granting 11 Motion for Leave to File First Amended Complaint. The First Amended Complaint shall be filed of record in this case within 5 business days. Signed by Judge Richard L. Young on 11/5/2014. (LBT) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

18

DEFENDANTS' ANSWER to 17 Amended Complaint , filed by OFFICER ATHERTON, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY.(Lowe, R.) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

19

MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr: Attorney Conference Call held on 11/12/2014. The Magistrate Judge concludes that a determination of whether this claim should be brought as a class action and an appropriate definition of the classes and issues requires that the deadlines in the Case Management Plan be and hereby are VACATED at this time. The case is not stayed, but certain other deadlines need not be complied with until further order of the Court. Plaintiffs are to file any motions for class action certification on or before February 2, 2015. Defendants' response is to be filed on or before March 4, 2015. The parties disagree concerning the extent of a protective order proposed by the Defendants' counsel. The parties will promptly file briefs with respect to that issue. A further TELEPHONIC STATUS CONFERENCE is set for 6/24/2015,at 9:30 AM, New Albany time (EDT) before the Magistrate Judge. The information needed to participate in this telephonic concerence will be provided by a separate notification. Signed by Magistrate Judge William G. Hussmann, Jr. (JLM) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

21

NOTICE of Issuance of Subpoena Duces Tecum , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER (Attachments: # 1 Exhibit Subpoena Duces Tecum to Indiana State Police) (Landenwich, Laura) (Entered: 01/08/2015)

Jan. 8, 2015

Jan. 8, 2015

22

NOTICE of Appearance by Theodore Wendover Walton on behalf of Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Walton, Theodore) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

23

MOTION to Extend Deadline for Moving to Certify Class re 19 and Request for Status Conference, filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Attachments: # 1 Exhibit October 22, 2014 email chain, # 2 Exhibit November 5, 2014 email chain, # 3 Exhibit January 26, 2015 email chain, # 4 Text of Proposed Order)(Landenwich, Laura) Modified on 1/30/2015 to reflect accurate description of filing (JLM). (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

24

ORDER granting 23 Plaintiffs' Motion to Extend Deadline for Moving to Certify Class − A Telephonic Status Conference is hereby set for 2/12/2015, at 11:00 AM, before Magistrate Judge William G. Hussmann Jr. The deadline for Plaintiffs' motion for class certification will be set at the status conference. Signed by Magistrate Judge William G. Hussmann, Jr on 2/4/2015.(JLM) (Entered: 02/05/2015)

Feb. 4, 2015

Feb. 4, 2015

25

NOTICE AND ORDER: On the Court's own motion, due to a conflict on the Magistrate Judge's calendar, the start time of the Telephonic Status Conference set for 2/12/2015 at 11:00 AM is hereby CHANGED to 10:00 AM, New Albany time (EST), before Magistrate Judge William G. Hussmann Jr. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge William G. Hussmann, Jr on 2/6/2015.(LBT) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

27

MOTION for Protective Order , filed by Defendants OFFICER ATHERTON, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Attachments: # 1 Exhibit 1 − Defendants' Answers to Plaintiffs' Interrogatories, # 2 Exhibit 2 − Defendants' Responses to Plaintiffs' Request for Production of Documents, # 3 Exhibit 3 − Defendants' Letter to Plaintiffs' Counsel dated 11/25/14, # 4 Exhibit 4 − Parties' Agreed Protective Order, # 5 Text of Proposed Order Granting Motion for Entry of Protective Order)(Lowe, R.) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

28

RESPONSE in Opposition re 27 MOTION for Protective Order , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Attachments: # 1 Text of Proposed Order)(Canon, Daniel) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

31

MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr. Telephonic Status Conference held on 2/18/2015, in lieu of the status conference originally set for 2/12/2015. Defendants have agreed to produce certain items previously requested in discovery on or before 3/6/2015. Plaintiffs discussed an ongoing disagreement concerning the production of grievance files. In the event the parties are unable to agree to resolve this matter, Plaintiff should file a prompt motion to compel shortly after 3/6/2015. Telephonic Status Conference set for 4/30/2015 at 2:30 PM, New Albany time (EDT), before Magistrate Judge William G. Hussmann Jr. The information needed to participate in this telephonic conference will be provided by a separate notification. The presumptive date for filing motions to certify this matter as a class action is set for 5/30/2015. Signed by Magistrate Judge William G. Hussmann, Jr. (LBT) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

33

MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr. Motion Hearing held on 3/16/2015 re 27 MOTION for Protective Order. 27 Motion for Protective Order is TAKEN UNDER ADVISEMENT. Defendants were directed to specify which particular Standard Operating Procedures they believe must remain confidential by no later than 3/19/2015. The parties will commence the deposition of a particular person on 3/19/2015. The Magistrate will conduct an in camera review of the need to maintain as confidential any policies which the Plaintiffs cannot agree to allow to remain confidential. In the event the Magistrate concludes that those policies may not remain confidential, the Magistrate will establish additional deposition time for the witness well in advance of the 5/30/2015 deadline for filing motions to certify the class. Signed by Magistrate Judge William G. Hussmann, Jr. (LBT) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

34

MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr: Telephonic Status Conference held on 4/30/2015. The parties reported they have resolved the outstanding discovery disputes. Therefore, the remainder of the Motion for Protective Order 27 is DENIED, as moot. Plaintiffs will file any petition for class certification on or before June 15, 2015. Any response shall be filed on or before July 15, 2015, and any reply shall be filed on or before August 1, 2015. Telephonic Status Conference set for 8/20/2015 at 08:30 AM, New Albany time (EDT) before Magistrate Judge William G. Hussmann Jr. Signed by Magistrate Judge William G. Hussmann, Jr. (TMB) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

36

NOTICE of Filing of Filing of Deposition of Tabitha Gentry by All Plaintiffs (Attachments: # 1 Exhibit Deposition of Tabitha Gentry) (Landenwich, Laura) Modified on 6/16/2015 (LBT). (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

37

NOTICE of Filing of Deposition of Michael Herron by All Plaintiffs (Attachments: # 1 Exhibit Deposition of Michael Herron) (Landenwich, Laura) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

38

NOTICE of Filing of Deposition of Adam Walker by All Plaintiffs (Attachments: # 1 Exhibit Deposition of Adam Walker) (Landenwich, Laura) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

39

NOTICE of Filing of Deposition of Vincent Minton by All Plaintiffs (Attachments: # 1 Exhibit Deposition of Vincent Minton) (Landenwich, Laura) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

40

NOTICE of Filing of Depsition of Anna Chasten by All Plaintiffs (Attachments: # 1 Exhibit Deposition of Anna Chasten) (Landenwich, Laura) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

41

NOTICE of Filing of Plaintiffs' Cumulative Deposition Exhibits re 36 , 37 , 38 , 39 and 40 Depositions by All Plaintiffs (Attachments: # 1 Exhibit Plaintiffs' Deposition Exhibits 1−3, # 2 Exhibit Plaintiffs' Deposition Exhibit 4, # 3 Exhibit Plaintiffs' Deposition Exhibits 5−7, # 4 Exhibit Plaintiffs' Deposition Exhibits 8−9, # 5 Exhibit Plaintiffs' Deposition Exhibits 10−13) (Landenwich, Laura) Modified on 6/16/2015 to create link to related documents (LBT). (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

42

NOTICE of Filing of Deposition of Tiffany Frans by All Plaintiffs (Attachments: # 1 Deposition of Tiffany Frans, # 2 Exhibit Exhibit 1−Incident Report, # 3 Exhibit Exhibit 2−Incident Report, # 4 Exhibit Exhibit 3−Incident Report, # 5 Exhibit Exhibit

June 15, 2015

June 15, 2015

44

NOTICE of Filing of Deposition of Andrew Sands by All Plaintiffs (Attachments: # 1 Deposition of Andrew Sands V. I, # 2 Deposition of Andrew Sands V. II, # 3 Exhibit Exhibit 1 − Combative Practices, # 4 Exhibit Exhibit 2 − Minton, # 5 Exhibit Exhibit 3 − PD Cell Rpt, # 6 Exhibit Exhibit 4 − Watch Log, # 7 Exhibit Exhibit 5 − Property Rect, # 8 Exhibit Exhibit 6 − Inmate File, # 9 Exhibit Exhibit 7 − Shower LIst, # 10 Exhibit Exhibit 8 − Walker, # 11 Exhibit Exhibit 9 − Strip Sch, # 12 Exhibit Exhibit 10 − Command, # 13 Exhibit Exhibit 11 − Searches, # 14 Exhibit Exhibit 12 − Reports, # 15 Exhibit Exhibit 13 − Force, # 16 Exhibit Exhibit 14 − Discipline, # 17 Exhibit Exhibit 15 − Rights, # 18 Exhibit Exhibit 16 − Inc Rpt, # 19 Exhibit Exhibit 17 − Inc Rpt, # 20 Exhibit Exhibit 18 − Inc Rpt, # 21 Exhibit Exhibit 19 − Inc Rpt, # 22 Exhibit Exhibit 20 − Inc Rpt, # 23 Exhibit Exhibit 21 − Photo, # 24 Exhibit Exhibit 22 − Photo, # 25 Exhibit Exhibit 23 − Photo, # 26 Exhibit Exhibit 24 − Photo, # 27 Exhibit Exhibit 25 − Watch Log, # 28 Exhibit Exhibit 26 − Watch spdst, # 29 Exhibit Exhibit 27 − Property Rect, # 30 Exhibit Exhibit 28 − Watch Log, # 31 Exhibit Exhibit 29 − Rpt, # 32 Exhibit Exhibit 30 Part 1 − Restraint, # 33 Exhibit Exhibit 30 Part 2 − Restraint, # 34 Exhibit Exhibit 30 Part 3 − Restraint, # 35 Exhibit Exhibit 30 Part 4 − Restraint) (Landenwich, Laura) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

45

MOTION to Sever Claims , filed by Plaintiff BRIAN BURGESS. (Attachments: # 1 Memo Supporting Plaintiff Burgess's Motion to Sever, # 2 Text of Proposed Order)(Landenwich, Laura) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

46

NOTICE of Filing of Deposition of Ryan Rainey by All Plaintiffs (Attachments: # 1 Deposition of Ryan Raineyo) (Landenwich, Laura) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

47

NOTICE of Filing of Exhibits for 46 Deposition of Ryan Rainey by All Plaintiffs (Attachments: # 1 Exhibit Rainey Depo Exhibit 1, # 2 Exhibit Rainey Depo Exhibit 2, # 3 Exhibit Rainey Depo Exhibit 3, # 4 Exhibit Rainey Depo Exhibit 4, # 5 Exhibit Rainey Depo Exhibit 5, # 6 Exhibit Rainey Depo Exhibit 6, # 7 Exhibit Rainey Depo Exhibit 7, # 8 Exhibit Rainey Depo Exhibit 8, # 9 Exhibit Rainey Depo Exhibit 9, # 10 Exhibit Rainey Depo Exhibit 10, # 11 Exhibit Rainey Depo Exhibit 11, # 12 Exhibit Rainey Depo Exhibit 12, # 13 Exhibit Rainey Depo Exhibit 13, # 14 Exhibit Rainey Depo Exhibit 14, # 15 Exhibit Rainey Depo Exhibit 15, # 16 Exhibit Rainey Depo Exhibit 16, # 17 Exhibit Rainey Depo Exhibit 17, # 18 Exhibit Rainey Depo Exhibit 18, # 19 Exhibit Rainey Depo Exhibit 19, # 20 Exhibit Rainey Depo Exhibit 20, # 21 Exhibit Rainey Depo Exhibit 21) (Landenwich, Laura) Modified on 6/16/2015 to link to related document (MAG). (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

48

MOTION for Leave to File Excess Pages re Memorandum in Support of Motion for Class Certification , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Attachments: # 1 Text of Proposed Order)(Landenwich, Laura) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

49

MOTION to Certify Class , filed by Plaintiffs ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Dept. Corrections Report, # 3 Exhibit Combative Subjects Policy, # 4 Exhibit Chastain Incident Report, # 5 Exhibit Chastain Behavior Log, # 6 Cover Sheet for Sealed Document Video Conventionally filed, # 7 Exhibit Herron Incident Report, # 8 Exhibit Herron Watch Log, # 9 Exhibit Minton Incident Rpt, # 10 Exhibit Minton Behavior Watch, # 11 Exhibit Walker Behavior Watch, # 12 Exhibit Incident Report Hayens, # 13 Exhibit Incident Report Mellen, # 14 Exhibit Incident Rpt Wolfe, # 15 Exhibit Incident Rpt Scrogham, # 16 Exhibit Incident Rpt Hawkins, # 17 Exhibit Incident Rpt Kokinda, # 18 Exhibit Incident Rpt Kaufman, # 19 Exhibit Incident rpt Brooks, # 20 Text of Proposed Order)(Landenwich, Laura) (Entered: 06/16/2015)

June 15, 2015

June 15, 2015

50

MOTION to Seal Document 49 MOTION to Certify Class Exhibit 5, DN 49−6 , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER.

June 16, 2015

June 16, 2015

52

ORDER granting 48 Motion for Leave to File Excess Pages. Signed by Magistrate Judge William G. Hussmann, Jr on 6/17/2015. (LBT) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

53

ORDER granting 50 Motion to Seal Exhibit 5 re 49 MOTION to Certify Class. Signed by Magistrate Judge William G. Hussmann, Jr on 6/17/2015. (LBT) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

54

SEALED manual filing of CD containing exhibit 5 re 49 Motion to Certify Class, filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (LBT) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

55

ORDER granting 51 Plaintiffs' Motion for Leave to File Corrected Memorandum in Support of Motion for Class Certification. The Corrected Memorandum in Support shall be filed within (5) days of the date of this order. Signed by Magistrate Judge William G. Hussmann, Jr on 6/19/2015. (MAG) (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

56

BRIEF/MEMORANDUM in Support re 49 MOTION to Certify Class , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Landenwich, Laura) (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

57

MINUTE ORDER for proceedings held before Magistrate Judge William G. Hussmann, Jr: Telephonic Status Conference held on 6/24/2015. Telephonic Status Conference set for 11/16/2015 at 09:30 AM before Magistrate Judge William G. Hussmann Jr. The response to the currently pending Motion for Class Certification (Dkt. 49) must be filed and served on or before July 31, 2015. Any reply brief is to be filed and served no later than August 14, 2015. Discovery remains open by agreement of the parties. Final deadlines for completion of discovery and the scheduling of a trial date will be discussed at the November 16th status conference. Signed by Magistrate Judge William G. Hussmann, Jr. (TMB) (Entered: 07/02/2015)

July 1, 2015

July 1, 2015

59

Joint MOTION for Extension of Time to File Response re 49 MOTION to Certify Class submitted by Plaintiffs , filed by Defendants OFFICER ATHERTON, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Extend Deadline by which Defendants must Respond to Plaintiffs' Motion for Class Certification and Deadline by which Plaintiffs must Reply to Defendants' Resposne to Plaintiffs' Motion for Class Certification)(Lowe, R.) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

60

MOTION for Leave to File Excess Pages , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Attachments: # 1 Text of Proposed Order on Defendants' Motion to Exceed Page Limit)(Lowe, R.) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

61

RESPONSE in Opposition re 49 MOTION to Certify Class , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Lowe, R.) (Entered: 08/03/2015)

Aug. 3, 2015

Aug. 3, 2015

62

NOTICE of Manual Filing re 61 Response in Opposition to 49 Motion for Class Certification, filed by Defendants FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (LBT) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

63

ORDER granting 59 Motion for Extension of Time to File Response − It is therefore Ordered, Adjudged and Decreed the Defendants shall have until August 3, 2015, to file a responsive pleading to the Plaintiffs' 49 Motion for Class Certification and the Plaintiffs shall have until August 17, 2015 to file a Reply to Defendants' Response to Plaintiffs' Motion for Class Certification. Signed by Magistrate Judge William G.

Aug. 5, 2015

Aug. 5, 2015

65

ORDER granting 60 Motion for Leave to File Excess Pages − It is therefore ordered the Defendants shall have approximately 50 pages in which to respond to the Plaintiff's Motion for Class Certification. Signed by Magistrate Judge William G. Hussmann, Jr on 8/5/2015. (MAG) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

66

REPLY in Support of Motion re 49 MOTION to Certify Class , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Attachments: # 1 Exhibit 1 Incident Reports, # 2 Exhibit 2 Walton Declaration, # 3 Exhibit 3 Landenwich Declaration, # 4 Exhibit 4 Canon Declaration)(Landenwich, Laura) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

67

Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Telephone Conference held on 8/20/2015. There are no additional matters at issue at this time. The conference set for November 16, 2015, at 9:30 a.m. (EST) remains on the Magistrate Judge's calendar. (TMB) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

68

Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Status Conference held on 11/16/2015. The current trial setting of December 7, 2015, is VACATED. Status Conference set for 2/4/2016 at 09:30 AM in Telephonic before Magistrate Judge William G. Hussmann, Jr. (NRN) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

70

ORDER REASSIGNING CASE. Clerk is directed to randomly reassign case and notify parties of newly assigned Magistrate Judge. Signed by Judge Richard L. Young on 1/28/2016. (JD) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

71

NOTICE of Reassignment of Case to Magistrate Judge Tim A. Baker. Magistrate Judge William G. Hussmann, Jr., is no longer assigned to the case. Please include the new case number, 4:14−cv−00054−RLY−TAB , on all future filings in this matter. (JD) Corrected case number on 1/28/2016 (JD). (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

72

ORDER − This matter has been reassigned from the docket of Magistrate Judge William G. Hussmann to that of Magistrate Judge Tim A. Baker. Please note the revised cause number, which is to be used on all future filings. The telephonic status conference set for February 4, 2016, is vacated and reset before Magistrate Judge Tim A. Baker at 10:30 a.m. on February 12, 2016. Parties shall appear by counsel, who shall contact the Court at 317−229−3660. Signed by Magistrate Judge Tim A. Baker on 1/29/2016.(MGG) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

75

ORDER granting 49 Motion to Certify Class. See Order for details. Signed by Judge Richard L. Young on 2/16/2016. (LBT)

Feb. 16, 2016

Feb. 16, 2016

RECAP
74

ORDER ON FEBRUARY 12, 2016 TELEPHONIC STATUS CONFERENCE − Parties appeared by counsel February 12, 2016, for a telephonic status conference. Discussion held regarding discovery, settlement and related matters. Given the parties' settlement positions, it does not appear that a court−supervised settlement conference would be productive at this time. The parties shall notify the Magistrate Judge after the District Judge rules on the pending motion to certify class to set a telephonic status conference to address case management and settlement. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

76

ORDER ON BRIAN BURGESS'S MOTION TO SEVER − 45 Motion to Sever is GRANTED. The Clerk is directed to open a new case with Mr. Burgess as the sole plaintiff. See Case No. 4:16−cv−25−RLY−TAB. Signed by Judge Richard L. Young on 2/17/2016. (LBT) Modified on 2/17/2016 (LBT). (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

77

MOTION to Amend/Correct 75 Order on Motion to Certify Class , filed by Plaintiffs ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Attachments: # 1 Text of Proposed Order)(Landenwich, Laura) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

79

BRIEF/MEMORANDUM in Support re 78 MOTION for Reconsideration re 75 Order on Motion to Certify Class , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Attachments: # 1 Exhibit One − Hoffman et al v. Jacobi et al Order)(Lowe, R.) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

80

RESPONSE in Opposition re 78 MOTION for Reconsideration re 75 Order on Motion to Certify Class , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Canon, Daniel) (Entered: 03/18/2016)

March 18, 2016

March 18, 2016

81

REPLY in Support of Motion re 78 MOTION for Reconsideration re 75 Order on Motion to Certify Class and Reply to Plaintiffs' Response , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Lowe, R.) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

82

ORDER ON PLAINTIFFS' MOTION TO AMEND CLASS DEFINITION − 77 Motion to Amend Class Definition is GRANTED. The class definition is hereby modified to reflect the class consists of all people held in the Floyd County Jail's strip cell from June 12, 2012 to present. Signed by Judge Richard L. Young on 4/11/2016. (LBT) (Entered: 04/11/2016)

April 11, 2016

April 11, 2016

83

ORDER SETTING TELEPHONIC STATUS CONFERENCE − This cause is set for a telephonic status conference at 10:30 a.m. on July 5, 2016. Parties shall participate in this conference by counsel, who shall call the Court at 317−229−3660. The purpose of this conference is to discuss case management and settlement. Signed by Magistrate Judge Tim A. Baker on 6/15/2016.(MGG) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

85

ORDER ON JULY 5, 2016, TELEPHONIC STATUS CONFERENCE − Parties appeared by counsel, July 5, 2016, for a telephonic status conference. Discussion held regarding settlement, and related matters. Defendants' counsel shall contact the Magistrate Judge by July 15, 2016, to advise the Court whether Defendant wants to set this matter for a settlement conference. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 07/05/2016)

July 5, 2016

July 5, 2016

86

SCHEDULING ORDER: Final Pretrial Conference set for 2/2/2017 at 2:30 PM, in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. Jury Trial set for 2/13/2017 at 9:00 AM, in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. The court has allotted ten days for this trial. Signed by Judge Richard L. Young on 7/6/2016. (MAG) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

88

SCHEDULING ORDER: Telephonic Status Conference set for 7/29/2016 at 2:30 PM before Magistrate Judge Tim A. Baker. Parties shall appear by counsel who shall contact the Court at 317−229−3660. Signed by Magistrate Judge Tim A. Baker on 7/25/2016. (ADH) (Entered: 07/25/2016)

July 25, 2016

July 25, 2016

87

ENTRY ON DEFENDANTS' MOTION FOR RECONSIDERATION OF COURT'S ENTRY ON PLAINTIFF'S MOTION TO CERTIFY CLASS - The court finds it did not err with respect to the certification of the main class, but did err with respect to certification of the subclass. Therefore, the court GRANTS in part and DENIES in part 78 Defendants' Motion for Reconsideration of Court's Entry on Plaintiffs' Motion to Certify Class. See Entry for details. Signed by Judge Richard L. Young on 7/25/2016. (LBT)

July 25, 2016

July 25, 2016

RECAP
89

MOTION for Reconsideration of De−Certification of Sub−Class , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Attachments: # 1 Exhibit Exhibit 1 − Class members identified in this case, # 2 Text of Proposed Order)(Landenwich, Laura) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

91

ORDER ON JULY 29, 2016, TELEPHONIC STATUS CONFERENCE − Parties appeared by counsel, July 29, 2016, for a telephonic status conference. Discussion held regarding discovery, settlement, and related matters. The dispositive motions deadline is August 29, 2016, and counsel shall expect the briefing schedule to be strictly enforced due to the February 13, 2017, trial date. The parties shall submit a proposed Case Management Plan by August 5, 2016, incorporating this deadline. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

92

Proposed Revised CASE MANAGEMENT PLAN TENDERED, filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY . (Lowe, R.) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

93

MOTION to Stay Proceedings pending resolution of Federal Rule of Civil Procedure 23(f) appeal to the Seventh Circuit Court of Appeals , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Attachments: # 1 Text of Proposed Order Granting Defendants' Motion for Stay)(Lowe, R.) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

94

BRIEF/MEMORANDUM in Support re 93 MOTION to Stay Proceedings pending resolution of Federal Rule of Civil Procedure 23(f) appeal to the Seventh Circuit Court of Appeals , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Lowe, R.) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

95

MOTION for Continuance of Trial Date and Dispositive Motion Deadline , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Attachments: # 1 Text of Proposed Order Granting Motion to Continue Dispositive Motion Deadline and Trial Date)(Lowe, R.) (Entered: 08/08/2016)

Aug. 8, 2016

Aug. 8, 2016

96

ORDER: REVISED CASE MANAGEMENT PLAN APPROVED AS SUBMITTED − Dispositive Motions due by 8/29/2016. Discovery due by 9/29/2016. See Order for details. Signed by Magistrate Judge Tim A. Baker on 8/9/2016. (MAG) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

97

RESPONSE in Opposition re 89 MOTION for Reconsideration of De−Certification of Sub−Class , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Lowe, R.) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

98

RESPONSE in Opposition re 95 MOTION for Continuance of Trial Date and Dispositive Motion Deadline , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Landenwich, Laura) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

99

RESPONSE in Opposition re 93 MOTION to Stay Proceedings pending resolution of Federal Rule of Civil Procedure 23(f) appeal to the Seventh Circuit Court of Appeals , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Canon, Daniel) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

100

USCA Order (Certified Copy) (USCA # 16−8014) − IT IS ORDERED that the Petition for Leave to Appeal, filed by FLOYD COUNTY, INDIANA, et al, is DENIED. (LBT) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

101

REPLY in Support of Motion re 95 MOTION for Continuance of Trial Date and Dispositive Motion Deadline , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Attachments: # 1 Text of Proposed Order − Alternate Proposed Order with More Specific Dates)(Lowe, R.) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

103

MARGINAL ENTRY − 93 Motion to Stay is DENIED, though the Court will by separate order extend certain deadlines as well as vacate the trial date. Signed by Magistrate Judge Tim A. Baker on 8/26/2016. (LBT) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

104

ORDER granting 95 Motion to Continue Trial Date. The dispositive motion deadline currently set for August 29, 2016 and trial set for February 13, 2017 be, and are hereby vacated. A telephonic status conference will be set by separate order. Signed by Magistrate Judge Tim A. Baker on 8/26/2016.(LBT) (Entered: 08/26/2016)

Aug. 26, 2016

Aug. 26, 2016

105

SCHEDULING ORDER: Telephonic Status Conference set for 9/15/2016 at 9:30 AM before Magistrate Judge Tim A. Baker. The purpose of this conference is to address case status and scheduling. Signed by Magistrate Judge Tim A. Baker on 8/29/2016.(LBT) (Entered: 08/29/2016)

Aug. 29, 2016

Aug. 29, 2016

106

Second Revised Agreed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER ,and Defendants . (Landenwich, Laura) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

107

ORDER ON SEPTEMBER 15, 2016, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING SETTLEMENT CONFERENCE AND RELATED DEADLINES − Parties appeared in person and by counsel September 15, 2016, for a telephonic status conference. Discussion held regarding discovery, settlement and related matters. The parties shall file a proposed, revised Case Management Plan within seven days consistent with the deadlines discussed with the Court. This matter is set for a settlement conference at noon on December 20, 2016, in Room 224, United States Courthouse, 121 W. Spring Street, New Albany, Indiana, before Magistrate Judge Tim A. Baker. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

108

NOTICE of Filing Expert Disclosure by All Plaintiffs (Attachments: # 1 Exhibit Expert Report and Exhibits) (Landenwich, Laura) (Entered: 09/23/2016)

Sept. 23, 2016

Sept. 23, 2016

109

ORDER: 2ND REVISED CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 12/9/2016. Discovery due by 11/24/2016. Signed by Magistrate Judge Tim A. Baker on 9/27/2016.(LBT) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

110

NOTICE of Service of Expert Witness Disclosure , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY, re 109 Order: Case ManagementScheduling Order. (Lowe, R.) (Entered: 10/24/2016)

Oct. 24, 2016

Oct. 24, 2016

112

ORDER granting Plaintiffs' 90 Motion TO APPROVE CLASS CERTIFICATION NOTICE. Signed by Judge Richard L. Young on 10/27/2016. (TMD) (Entered: 10/27/2016)

Oct. 26, 2016

Oct. 26, 2016

111

ORDER denying Plaintiff's 89 Motion for Reconsideration of De−Certification of Sub−Class. Signed by Judge Richard L. Young on 10/26/2016. (TMD) (Entered: 10/27/2016)

Oct. 27, 2016

Oct. 27, 2016

113

SCHEDULING ORDER: Final Pretrial Conference set for 7/13/2017 at 2:30 PM, in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. Jury Trial set for 7/24/2017 at 9:00 AM, in room #200, United States Courthouse, 121 W. Spring Street, New Albany, Indiana before Judge Richard L. Young. The court has allotted ten days for this trial. Signed by Judge Richard L. Young on 10/31/2016. (MAT) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

114

Joint MOTION for Extension of Time to 12/23/16 in which to 106 Case Management Plan Tendered by, 109 Order: Case ManagementScheduling Order re: Dispositive Motion Deadline and Deadline to File Motions re: Experts , filed by Defendants OFFICER ATHERTON, JOHN/JANE DOE, FLOYD COUNTY, INDIANA, TIFFANY FRANS, DARRELL MILLS, RYAN RAINEY. (Attachments: # 1 Text of Proposed Order)(Lowe, R.) (Entered: 12/09/2016)

Dec. 9, 2016

Dec. 9, 2016

116

ORDER ON DECEMBER 20, 2016, SETTLEMENT CONFERENCE − Parties appeared in person and by counsel December 20, 2016, for a settlement conference. The parties shall continue their settlement discussions and contact the Magistrate Judge by December 28, 2016, with an update. The summary judgment deadline is enlarged to December 30, 2016. Signed by Magistrate Judge Tim A. Baker. (MGG) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

Dispositive Motions due by 12/30/2016 per No. 116. (LBT) (Entered: 01/03/2017)

Dec. 30, 2016

Dec. 30, 2016

117

Joint MOTION to Approve Settlement, Direct Dissemination of Notice, and Schedule Final Hearing , filed by Plaintiffs BRIAN BURGESS, ANNA CHASTAIN, TABITHA GENTRY, MICHAEL HERRON, VINCENT MINTON, JANELLE SOUTH, ADAM WALKER. (Attachments: # 1 Exhibit 1 Settlement Agreement, # 2 Exhibit A Claim Form, # 3 Exhibit B Class List, # 4 Exhibit C Class Notice, # 5 Exhibit D Policy, # 6 Exhibit E Preliminary Approval, # 7 Text of Proposed Order)(Landenwich, Laura) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

Case Details

State / Territory: Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: June 12, 2014

Closing Date: Sept. 29, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All inmates confined from June 12, 2012, to [October 26, 2016] in the Floyd County Jail who were not on a suicide watch, but were housed in a padded cell where they were deprived of clothing, bedding, and hygiene products.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Floyd County (Floyd), County

Sheriff of Floyd County, County

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,230,000

Order Duration: 2017 - None

Content of Injunction:

Training

Issues

General:

Bathing and hygiene

Conditions of confinement

Restraints : chemical

Strip search policy

Torture

Totality of conditions

Policing:

Excessive force

Jails, Prisons, Detention Centers, and Other Institutions:

Pepper/OC spray

Assault/abuse by staff (facilities)

Type of Facility:

Government-run