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Case Name Perdue v. Individual Members of the Indiana State Board of Law Examiners DR-IN-0001
Docket / Court 1:09-cv-00842-WTL-TAB ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization ACLU Chapters (any)
Case Summary
On July 7, 2009, a member of the Illinois bar who sought to join the Indiana bar filed a class action lawsuit in the U.S. District Court for the Southern District of Indiana, under § 1983 and the Americans with Disabilities Act, against members of the Indiana State Board of Law Examiners. The ... read more >
On July 7, 2009, a member of the Illinois bar who sought to join the Indiana bar filed a class action lawsuit in the U.S. District Court for the Southern District of Indiana, under § 1983 and the Americans with Disabilities Act, against members of the Indiana State Board of Law Examiners. The plaintiffs, who were represented by the ACLU of Indiana, sought declaratory and injunctive relief, alleging that the state agency violated their rights by making unnecessary inquiries into mental health history and placing additional burdens on individuals with disabilities during the process of admission to the bar.

Specifically, the plaintiffs alleged that the application to the Indiana bar asks a number of intrusive questions concerning each applicant's mental health. If an applicant answers affirmatively to any of the questions, the applicant must disclose information about his or her mental health treatment and submit to further evaluation. The named plaintiff ("Jane Doe") had applied for admission to the Indiana bar. As part of her application, she disclosed that she had been diagnosed with an emotional disorder and was undergoing treatment. She provided further information at the request of the state bar, including a statement from an expert that the disability would have no relevance to her ability to practice law. She later withdrew her application before any determination was made by the state bar.

On January 27, 2010, the plaintiffs filed an amended complaint, in which the ACLU of Indiana and Amanda Perdue (previously "Jane Doe") were named plaintiffs on behalf of the class.

On January 29, 2010, the court (Judge William T. Lawrence) entered an order regarding class certification. The court (Judge Lawrence) granted class certification as to Amanda Perdue and denied class certification as to the ACLU, on the grounds that the court could not determine whether the ACLU had standing and could be an appropriate class representative. On March 25, 2010, the court (Judge Lawrence) determined that the ACLU did have standing, and therefore granted a renewed request to be appointed class representative.

On October 6, 2011, the court (Judge Tanya Walton Pratt) entered a judgment enjoining defendants from inquiring whether applicants had been diagnosed with or treated for "any mental, emotional, or nervous disorders." On June 21, 2012, the court (Judge Pratt) ordered the case to be closed after the parties filed a Joint Notice Concerning Settlement of Attorneys' Fee and Costs Claims. On October 1, 2014, an interested party filed a Motion for Contempt of Court against the Indiana Board of Law Examiners but as of November 24, 2014, the court had not yet ruled on the motion.

Priyah Kaul - 11/24/2014


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Issues and Causes of Action
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Issues
Content of Injunction
Discrimination Prohibition
Defendant-type
Jurisdiction-wide
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Disparate Treatment
Other
Records Disclosure
Testing
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) State of Indiana
Plaintiff Description Applicants to the Indiana State Bar who as a condition of admission would have to disclose on their application a history of their mental health issues since the age of 16.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement Private Settlement Agreement
Order Duration 2012 - n/a
Case Closing Year 2012
Case Ongoing Yes
Docket(s)
1:09-cv-00842-TWP-MJD (S.D. Ind.) 09/25/2015
DR-IN-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Second Amended Class Action Complaint for Declaratory and Injunctive Relief 01/26/2009
DR-IN-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Class Action Complaint for Declaratory and Injunctive Relief 07/07/2009
DR-IN-0001-0007.pdf | Detail
Entry on Defendant's Motion to Dismiss 12/08/2009 (2009 WL 4841113) (S.D. Ind.)
DR-IN-0001-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Entry on Amended Motion for Class Certification 01/29/2010 (266 F.R.D. 215) (S.D. Ind.)
DR-IN-0001-0002.pdf | WESTLAW| LEXIS | Detail
Entry on Cross-Motions for Summary Judgment 09/20/2011 (2011 WL 4387470) (S.D. Ind.)
DR-IN-0001-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 10/06/2011 (S.D. Ind.)
DR-IN-0001-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 06/21/2012 (S.D. Ind.)
DR-IN-0001-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Dinsmore, Mark. J. (S.D. Ind.) [Magistrate]
DR-IN-0001-9000
Lawrence, William T. (S.D. Ind.) [Magistrate]
DR-IN-0001-0002 | DR-IN-0001-0004
Pratt, Tanya Walton (S.D. Ind.)
DR-IN-0001-0003 | DR-IN-0001-0005 | DR-IN-0001-0006 | DR-IN-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Falk, Kenneth J. (Indiana)
DR-IN-0001-0001 | DR-IN-0001-0007 | DR-IN-0001-9000
Defendant's Lawyers Craig, Darren Andrew (Indiana)
DR-IN-0001-9000
Overholt, Anthony W. (Indiana)
DR-IN-0001-9000
Other Lawyers None on record

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