Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper by The Seventh Circuit Court of Appeals has reversed a district court’s dismissal of an Indiana prisoner’s lawsuit as being time-barred. In January 2008, Pendleton Correctional Facility prisoner Danny R. Richards began complaining of abdominal pain and …
Indiana Overcrowding Suit Certified as Class Action; Grievances Specific Enough to Satisfy PLRA by A federal court in Indiana certified a jail overcrowding case as a class action. It also found that Plaintiff adequately exhausted his claims. In January, 2007, the American Civil Liberties Union (ACLU) of Indiana brought suit …
Lindh v. Federal Correctional Institution Warden, IN, Order Denying Motion to Hold Dfdnt in Contempt, 2013 Case 2:09-cv-00215-JMS-MJD Document 227 Filed 07/19/13 Page 1 of 7 PageID #: 3496 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JOHN LINDH, Plaintiff, vs. WARDEN, Federal Correctional Institution, Terre Haute, …
7th Circuit Affirms Finding of No Deliberate Indifference in 1983 Case by Derek Gilna Shane Holloway was arrested without a warrant in 2009 and confined to the Delaware County Jail, where he was denied his pre-detention medication, and was prescribed non-narcotic pain medication by prison medical staff instead. Holloway was …
Indiana Supreme Court Affirms Sentence after Botched Jailbreak by The Supreme Court of Indiana per curiam affirmed in July 2012 the 47-year sentence of Appellant Roger Bushhorn resulting from an attempted escape from county jail. Bushhorn and two other prisoners, James Smith and Ryan Renfroe, fashioned homemade knives from clothes …
Tenth Circuit: Terrorism Prisoners Lack Liberty Interest in Transfer to ADX by Derek Gilna Omar Rezaq, Mohammed Saleh, El-Sayyid Nosair and Ibrahim Elgabrowny, convicted of terrorism-related offenses and confined at the federal supermax ADX facility in Florence, Colorado, filed suit contending they had a liberty interest in “avoiding transfer without …
IPAS v. Indiana DOC, IN, Decision, Isolation Mentally Ill Prisoners, 2012 Case 1:08-cv-01317-TWP-MJD Document 279 Filed 12/31/12 Page 1 of 37 PageID #: 3855 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION, on behalf of its clients and constituents, JOSHUA HARRISON, GREGGORY …
Federal Investigation, Prosecution Targets Indiana Sheriff’s Officers by Derek Gilna Several Lake County, Indiana Sheriff’s Department employees were the subject of a federal investigation into a gun-running scheme that resulted in criminal charges. Lake County Sheriff John Buncich placed six staff members on administrative leave and stripped them of their …
Seventh Circuit Upholds Indiana DOC’s Ban on Pen-Pal Ads by David Reutter by David M. Reutter On September 16, 2010, an Indiana U.S. District Court held that a prison regulation prohibiting prisoners from advertising for pen-pals and receiving materials from services that advertise for or provide pen-pals did not violate …
Class Certified in Lawsuit Challenging Conditions at CCA-operated Indiana Jail, but Case Dismissed on Summary Judgment by David Reutter by David M. Reutter An Indiana federal district court certified a class and allowed claims to proceed that challenged unsafe conditions, lack of medical privacy and an alleged incentive scheme that …
DOJ Investigation Forces Indiana Juvenile Teacher License Upgrade by The Indiana Court of Appeals upheld a lower court's conclusion that prison officials had the authority to require prison teachers to obtain a special education license. The court reversed the lower court's holding, however, that prison officials were required to comply …
Indiana Prosecutor Disciplined for Conflict of Interest by Matthew Clarke by Matt Clarke Delaware County, Indiana prosecutor Mark R. McKinney was suspended from practicing law for 120 days beginning on July 28, 2011. He was disciplined for engaging in professional misconduct by handling criminal prosecutions and civil forfeiture cases involving …
Indiana Cuts Prison College Courses by Matthew Clarke by Matt Clarke After the Indiana General Assembly passed a budget for FY 2012-2013 that eliminated $9 million in financial aid for college programs for prisoners, the Indiana Department of Correction (DOC) is shifting such programs away from liberal arts studies and …
Seventh Circuit: Crawford Not Applicable to Revocation Hearings by On May 2, 2006, the Seventh Circuit held that the Sixth Amendment right to confrontation and cross-examination of witnesses as set forth in Crawford v. Washington, 561 U.S. 36 (2004), does not apply to revocation hearings. Lamond D. Kelley, a federal …
Indiana DOC’s Refusal to Provide Kosher Meals Violates RLUIPA by Brandon Sample The Indiana Department of Corrections (DOC) must provide kosher meals to prisoners who require a kosher diet to properly exercise their religious beliefs, U.S. District Court Judge Jane Magnus-Stinson held on November 1, 2010. Judge Magnus-Stinson’s decision was …
“Public Concern” Test Does Not Apply to Prisoner Retaliation Claims; Speech Must be Consistent with Status as a Prisoner by Brandon Sample The “public concern” test does not apply to prisoner claims of retaliation, the U.S. Court of Appeals for the Seventh Circuit held on March 31, 2010. Nonetheless, to …
Blanket Drug Ban States Deliberate Indifference Claim by U.S. District Judge William C. Lee has denied a motion to dismiss filed by Tippecanoe County in a suit that alleges deliberate indifference by Tippecanoe County Jail staff. The lawsuit, filed by Randy Wethington, alleges that jail medical staff refused to provide …
Diabetic Indiana Man Receives $400,000 for False Arrest by An Indiana federal jury ruled in favor of a diabetic man erroneously arrested following a traffic accident. The jury awarded $400,000 for the man’s continued detention after his illness became known. Michael Overton was arrested, with the assistance of dogs and …
$850,000 Federal Jury Award in Indiana Police Beating Suit by On April 14, 2011, an Indiana federal jury awarded $850,000 to a man beaten by police during arrest. According to court papers, Percy Perry was trying to take a window out of an abandoned building in Gary, Indiana when the …
Ellis et al v. CCA, IN, Complaint, nurses sued based on poor conditions and inadequate treatment, 2011 STATE OF INDIANA COUNTY OF MARION ) ) SS: ) MARION COUNTY SUPERIOR COURT CAUSE NO. HARRIETT ELLIS, TIA MARTIN, ) DELORES McNEIL, ANONI ELMORE, ) PATRICIA FORREST, and SHAVON JONES, ) ) …
