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Case Name Faver v. Bayh PC-IN-0014
Docket / Court Docket No. Not Available ( State Court )
State/Territory Indiana
Case Type(s) Prison Conditions
Case Summary
During or prior to 1996, two inmates housed in the Protective Custody Unit (PCU) of the Indiana State Farm filed a class action lawsuit alleging that the State violated their rights under the state and federal constitutions and state statutes by treating them differently from inmates in the general ... read more >
During or prior to 1996, two inmates housed in the Protective Custody Unit (PCU) of the Indiana State Farm filed a class action lawsuit alleging that the State violated their rights under the state and federal constitutions and state statutes by treating them differently from inmates in the general population. The Putnam Circuit Court (Judge Diana LaViolette) certified a plaintiff class consisting of all present and future prisoners who were or would be subject to protective custody subsequent to the filing of the complaint.

The claims of most of the members of the plaintiff-class were settled prior to trial. After a two-day bench trial, the trial court entered judgment in favor of the State on the remaining claims.

The plaintiffs appealed and the Indiana Court of Appeals (Judge Edward W. Najam) reversed the Circuit Court. Faver v. Bayh, 689 N.E.2d 727 (Ind. Ct. App. 1997). The Court of Appeals held that (1) the State violated the Equal Protection Clause by denying inmates who were voluntarily housed in PCU "idle pay" while providing such pay to general population inmates and inmates involuntarily committed to PCU; and (2) the State violated Title 11 of the Indiana Code by denying education programs to PCU inmates.

The case appears to have remained active for some years following the 1997 Court of Appeals Decision. On January 25, 2000, the Court of Appeals of Indiana (Judge John G. Baker) affirmed some unknown action of the lower court via an unpublished Memorandum Decision. Faver v. Bayh, 722 N.E.2d 917 (Ind.App. 2000).

We have no further information on this case.

Vidhya Reddy - 03/04/2008


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Administrative segregation
Education
Protective custody
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) Indiana Department of Corrections
Plaintiff Description All present and future Inmates who were or would be in protective custody at the Indiana State Farm, located in Putnamville, Indiana, subsequent to the filing of the complaint.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Opinion 12/10/1997 (689 N.E.2d 727)
PC-IN-0014-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Table Opinion 01/25/2000 (722 N.E.2d 917 )
PC-IN-0014-0001.pdf | WESTLAW| LEXIS | Detail
Judges Baker, John G. (State Appellate Court)
PC-IN-0014-0001 | PC-IN-0014-0002
Staton, Robert H. (State Appellate Court)
PC-IN-0014-0001
Sullivan, Jeremiah (State Appellate Court)
PC-IN-0014-0001
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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