Case: United States v. Lake County

2:10-cv-00476 | U.S. District Court for the Northern District of Indiana

Filed Date: Dec. 3, 2010

Closed Date: Dec. 18, 2019

Clearinghouse coding complete

Case Summary

On December 3, 2010, the United States of America filed a lawsuit in the U.S. District Court for the Northern District of Indiana against Lake County, Indiana, pursuant to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C § 1997. The plaintiffs, represented by the U.S. Department of Justice Civil Rights Division, sought permanent injunctive relief, alleging that the County's actions and omissions in maintaining the Lake County Jail exhibited deliberate indifference to the heal…

On December 3, 2010, the United States of America filed a lawsuit in the U.S. District Court for the Northern District of Indiana against Lake County, Indiana, pursuant to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C § 1997. The plaintiffs, represented by the U.S. Department of Justice Civil Rights Division, sought permanent injunctive relief, alleging that the County's actions and omissions in maintaining the Lake County Jail exhibited deliberate indifference to the health and safety of detainees at the Jail. The case was assigned to Judge Theresa Springmann.

Specifically, the plaintiff alleged that the defendant failed to appropriately screen for suicide risk, failed to provide sufficient and adequate staffing, failed to provide intake and referral process for persons with serious psychiatric needs, failed to provide sufficient medical staffing and adequate access to medical care for persons with serious medical needs, failed to provide adequate fire safety, and maintained a physical environment at the Jail that caused harm and posed an unreasonable risk to health and safety.

On September 12, 2008, the Civil Rights Division of the U.S. Department of Justice notified the County of its intention to investigate conditions of confinement at the Jail. On December 15-18, 2008, DOJ consultants in the fields of correctional suicide prevention, mental health care, medical care, fire safety and environmental health toured the Jail. On December 7, 2009, the plaintiff issued a "Findings Letter", where it concluded that certain conditions at the Jail violated the constitutional rights of the detainees.

The parties entered into a settlement agreement on August 18, 2010. On December 3, 2010, the plaintiffs and the defendants filed a joint motion to enter the settlement. On December 20, 2010, Judge Springmann issued an order approving the settlement agreement in its entirety. The Court retained jurisdiction over the case to ensure timely and proper implementation of the settlement agreement.

The settlement agreement provided that the County did not admit any fault or liability. Under the agreement, the County had to use its best efforts to establish a suicide prevention program, to develop and implement a comprehensive fire safety program and ensure compliance with it, to revise and implement written housekeeping and sanitation plans for proper cleaning of housing, shower and medical areas, and to implement comprehensive and contemporary policies and procedures related to the use of force.

Under the agreement, the Jail had to submit bi-annual compliance reports to the U.S. Department of Justice. The plaintiff agreed to have a Liaison whose duty is to supervise the implementation of the agreement and file the reports with the Court.

The agreement was set to terminate when the Jail achieved substantial compliance with the provisions of the agreement and maintained such compliance for one year. If the plaintiff believed that the County had failed to substantially comply with any of the obligations under the agreement, it would, prior to seeking judicial enforcement of the agreement, give written notice of failure to the County, and the parties were to attempt good-faith resolution of the dispute. In the event of the failure of mutual resolution, the parties could submit the dispute to mediation or invoke the jurisdiction of the Court.

On January 18, 2012, a compliance report was filed with the Court. The report indicated non-compliance and partial compliance with the provisions of the agreement. Status and compliance reports continued to be provided over the next two years. On September 17, 2015, the parties jointly moved to terminate Subsection D (Fire Safety) of the settlement agreement, noting that the defendants had reached and maintained compliance with Subsection D for one year. The Court granted this motion on October 6, 2015.

Then, by the same reasoning, the parties moved to terminate Subsection A (Medical Care) and Subsection C (Suicide Prevention) on August 10, 2017. The Court granted this motion on August 31, 2017.

The parties continued to provide status reports through December 8, 2019, when they submitted their eighteenth and final report. On December 17, 2019, the parties jointly moved to terminate the settlement agreement and for final dismissal. Judge Springmann granted the motion the following day, December 18, 2019. This case is now closed.

Summary Authors

Zhandos Kuderin (3/27/2014)

Jake Parker (6/25/2018)

Alex Moody (4/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7809746/parties/united-states-v-lake-county-indiana/


Judge(s)

Cherry, Paul R. (Indiana)

Attorney for Plaintiff

Austin, Roy L. (District of Columbia)

Attorney for Defendant

Bishop, Gerald M. (Indiana)

Bolde, Michael J (Indiana)

Bushemi, John P. (Indiana)

show all people

Documents in the Clearinghouse

Document

2:10-cv-00476

Docket [PACER]

United States of America v. Lake County Indiana

Dec. 20, 2019

Dec. 20, 2019

Docket

RE: Investigation of the Lake County Jail

DOJ Investigation of the Lake County Jails

No Court

Dec. 7, 2009

Dec. 7, 2009

Findings Letter/Report
9

2:10-cv-00476

Settlement Agreement

United States of America v. Lake County, Indiana

Aug. 18, 2010

Aug. 18, 2010

Settlement Agreement
1

2:10-cv-00476

Complaint

United States of America v. Lake County, Indiana

Dec. 3, 2010

Dec. 3, 2010

Complaint
12

2:10-cv-00476

Order granting Motion for Settlement and Approving the Settlement Agreement in its entirety

United States of America v. Lake County, Indiana

Dec. 20, 2010

Dec. 20, 2010

Order/Opinion
15

2:10-cv-00476

First Compliance Report, Lake County Jail

United States of America v. Lake County, Indiana

Aug. 4, 2011

Aug. 4, 2011

Monitor/Expert/Receiver Report
24

2:10-cv-00476

Second Compliance Report, Lake County Jail

United States of America v. Lake County, Indiana

Jan. 18, 2012

Jan. 18, 2012

Monitor/Expert/Receiver Report
26

2:10-cv-00476

Third Compliance Report, Lake County Jail

United States of America v. Lake County

July 25, 2012

July 25, 2012

Monitor/Expert/Receiver Report
29

2:10-cv-00476

Fourth Compliance Report, Lake County Jail

United States of America v. Lake County, Indiana

Jan. 22, 2013

Jan. 22, 2013

Monitor/Expert/Receiver Report
36-1

2:10-cv-00476

Fifth Compliance Report, Lake County Jail

United States of America v. Lake County, Indiana

Jan. 22, 2013

Jan. 22, 2013

Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7809746/united-states-v-lake-county-indiana/

Last updated April 13, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by United States of America AGAINST All Defendants. (Attachments: # 1 Civil Cover Sheet)(jjj) (Entered: 12/06/2010)

Dec. 3, 2010

Dec. 3, 2010

2

NOTICE of Appearance by Gerald M Bishop on behalf of Thomas C O'Donnell. (jjj) (Entered: 12/06/2010)

Dec. 3, 2010

Dec. 3, 2010

3

NOTICE of Appearance by John S Dull on behalf of Frances DuPey. (jjj) (Entered: 12/06/2010)

Dec. 3, 2010

Dec. 3, 2010

4

NOTICE of Appearance by John M Kopack on behalf of Rogelio Roy Dominguez, Lake County Indiana. (jjj) (Entered: 12/06/2010)

Dec. 3, 2010

Dec. 3, 2010

5

NOTICE of Appearance by William G Maddox on behalf of United States of America. (jjj) (Entered: 12/06/2010)

Dec. 3, 2010

Dec. 3, 2010

6

WAIVER OF SERVICE Returned Executed by United States of America. Thomas C O'Donnell waiver sent on 12/3/2010. Answer due 2/1/2011. Lake County Council waiver sent on 12/3/2010. Answer due 2/1/2011. (jjj) Modified to reflect executed by on 12/6/2010 (jjj). (Entered: 12/06/2010)

Dec. 3, 2010

Dec. 3, 2010

7

WAIVER OF SERVICE Returned Executed by United States of America. Frances DuPey waiver sent on 12/3/2010. Answer due 2/1/2011. Lake County Board of Commissioners waiver sent on 12/3/2010. Answer due 2/1/2011. (jjj) (Entered: 12/06/2010)

Dec. 3, 2010

Dec. 3, 2010

8

WAIVER OF SERVICE Returned Executed by United States of America. Rogelio Roy Dominguez waiver sent on 12/3/2010. Answer due 2/1/2011. Lake County Indiana waiver sent on 12/3/2010. Answer due 2/1/2011. (jjj) (Entered: 12/06/2010)

Dec. 3, 2010

Dec. 3, 2010

9

JOINT MOTION TO ENTER SETTLEMENT AGREEMENT by Plaintiff United States of America AND Defendants Rogelio Roy Dominguez, Frances DuPey, Lake County Board of Commissioners, Lake County Council, Lake County Indiana, and Thomas C O'Donnell. (jjj) (Entered: 12/06/2010)

Dec. 3, 2010

Dec. 3, 2010

10

ORDER FOR JUDGE THERESA L SPRINGMANN. The Court SETS a Telephonic Status Conference set for 12/20/2010 at 11:00 AM (Fort Wayne time) before Judge Theresa L Springmann re 9 MOTION for Settlement. The Court will initiate the call.(jw) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

11

TELEPHONE STATUS CONFERENCE held before Judge Theresa L Springmann. USA appeared by atty William Maddox. Dfts Rogelio Roy Dominguez, Lake County Indiana appeared by atty John Kopack. Dfts Frances DuPey, Lake County Board of Commissioners appeared by atty John Dull. Dfts Lake County Council and Thomas C O'Donnell atty Gerald Bishop unable to participate. Parties confirm settlment agreement is properly approved by Dft Lake County Board of Commissioners. (Tape #20 FTR Gold.) (jw) (Entered: 12/20/2010)

Dec. 20, 2010

Dec. 20, 2010

12

ORDER granting 9 Motion for Settlement and APPROVING the Settlement Agreement in its entirety. The court shall retain jurisdiction over this matter to ensure timely and proper implementation of the Settlement Agreement. Signed by Judge Theresa L Springmann on 12/20/10. (mc) (Entered: 12/21/2010)

Dec. 20, 2010

Dec. 20, 2010

13

NOTICE of Appearance by John P Bushemi on behalf of Rogelio Roy Dominguez (Bushemi, John) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

14

NOTICE of Appearance by Patricia Hass on behalf of Rogelio Roy Dominguez (Hass, Patricia) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

15

REPORT by Rogelio Roy Dominguez. (Bushemi, John) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

16

ORDER FOR JUDGE THERESA L SPRINGMANN: Telephonic Status Conference SET for 8/29/2011 02:30 PM in US District Court − Fort Wayne before Judge Theresa

Aug. 10, 2011

Aug. 10, 2011

17

MOTION to Withdraw Appearance by Defendant Rogelio Roy Dominguez. (Bushemi, John) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

18

MOTION to Withdraw Appearance by Defendant Rogelio Roy Dominguez. (Hass, Patricia) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

19

NOTICE of Appearance by John P Bushemi on behalf of Lake County Indiana (Bushemi, John) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

20

NOTICE of Appearance by Patricia Hass on behalf of Lake County Indiana (Hass, Patricia) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

21

ORDER granting 17 and 18 Motion to Withdraw Appearance. The appearance of Attorneys John P. Bushemi and Patricia Hass are WITHDRAWN as counsel for Defendant Dominguez. Signed by Magistrate Judge Paul R Cherry on 8/15/11. (mc) (Entered: 08/16/2011)

Aug. 15, 2011

Aug. 15, 2011

22

TELEPHONE CONFERENCE held before Judge Theresa L Springmann. Pla appeared by atty William Maddox. Dft appeared by attys John Bushemi, John Kopack, and Patricia Hass. Court unable to reach Dfts' attys John Dull and Gerald Bishop. Parties as to case status. Court to receive compliance report within approximately 6 months. Telephonic Status Conference set for 3/15/2012 02:30 PM in US District Court − Fort Wayne before Judge Theresa L Springmann. Court will initiate call. (Court Reporter FTR.) (jjj) cc William Maddox (Entered: 08/30/2011)

Aug. 29, 2011

Aug. 29, 2011

23

Mail Returned as Undeliverable (NEF of Order dated 8/10/11, DE 16 ). Mail sent to William G Maddox; envelope marked "Return to Sender, Not in Criminal Section". (cer) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

24

STATUS REPORT Second Compliance Report by United States of America. (Maddox, William) (Entered: 01/18/2012)

Jan. 18, 2012

Jan. 18, 2012

25

TELEPHONE CONFERENCE held on 3/15/2012 before Judge Theresa L Springmann. Pla appeared by atty William Maddox. Dft appeared by atty John Bushemi, John Kopack, Patricia Hass, John Dull, and Gerald Bishop. Parties advise next compliance report to be filed with Court by the end of July 2012. (Court Reporter FTR.) (jjj) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

26

REPORT by United States of America Third Compliance Report . (Maddox, William) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

27

ORDER FOR JUDGE THERESA L SPRINGMANN: Telephonic Status Conference SET for 8/23/2012 03:30 PM EASTERN TIME in US District Court − Fort Wayne before Judge Theresa L Springmann re 26 Report filed by United States of America. Court will initiate call. (jjj) (Entered: 07/31/2012)

July 31, 2012

July 31, 2012

28

TELEPHONIC STATUS CONFERENCE held before Judge Theresa L Springmann. Pla appeared by atty William Maddox. Dft appeared by attys John Kopack, John Dull, Gerald Bishop and John Bushemi with Ken Ray, Compliance Consultant. Parties advise next compliance report to be filed with Court by the end of 1/2013. Court to schedule telephone status conference if report not filed. (Court Reporter FTR.) (cer) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

29

REPORT by United States of America Fourth Compliance Report . (Maddox, William) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

30

REPORT by United States of America Fourth Compliance Report . (Attachments: # 1 Exhibit Fourth Compliance Report)(Maddox, William) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

31

ORDER: the Court acknowledges receipt of the Compliance Report and has reviewed its contents. The Court anticipates receiving the next status report prior to July 31, 2013. Signed by Judge Theresa L Springmann on 2/5/13. (mc) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

32

ORDER FOR JUDGE THERESA L SPRINGMANN: Telephonic Status Conference SET for 9/18/2013 03:00 PM (Eastern time) in US District Court − Fort Wayne before Judge Theresa L Springmann re 31 ORDER re status report. Court will initiate call.

Aug. 26, 2013

Aug. 26, 2013

34

ORDER FOR JUDGE THERESA L SPRINGMANN: On the Court's own motion, the telephone conference set on 9/18/2013 is VACATED. The 33 MOTION to Reschedule Telephonic Status Conference is RENDERED MOOT. Parties are ORDERED by 10/11/2013 to file a JOINT status/complaince report. (jjj) (Entered: 09/11/2013)

Sept. 11, 2013

Sept. 11, 2013

35

NOTICE of Appearance by Michael J Bolde on behalf of Lake County Indiana (Bolde, Michael) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

36

NOTICE by United States of America Fifth Compliance Report (Attachments: # 1 Exhibit Fifth Compliance Report)(Maddox, William) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

37

ORDER FOR JUDGE THERESA L SPRINGMANN: The Court is in receipt of the 36 COMPLIANCE REPORT (Fifth) filed by United States of America. Parties are ORDERED by 4/4/2014 to file a JOINT status/compliance report. (jjj) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

38

ORDER FOR JUDGE THERESA L SPRINGMANN: The joint status/compliance report ddl of 4/4/2014 has passed and parties have failed to notice the Court re 37 ORDER. Parties have up to 5/9/2014 to file a JOINT status compliance report as previously directed. (jjj) (Entered: 04/29/2014)

April 29, 2014

April 29, 2014

39

NOTICE by United States of America (Attachments: # 1 Exhibit Sixth Compliance Report)(Maddox, William) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

40

ORDER FOR JUDGE THERESA L SPRINGMANN: The Court is in receipt of the 39 COMPLIANCE REPORT (Sixth) filed by United States of America. Parties are ORDERED by 11/17/2014 to file a JOINT status/compliance report. (jjj) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

41

STATUS REPORT Seventh Status Report by United States of America. (Attachments: # 1 Exhibit Seventh Status Report)(Maddox, William) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

42

ORDER FOR JUDGE THERESA L SPRINGMANN: The Court is in receipt of the 41 COMPLIANCE REPORT (Seventh) filed by United States of America. Parties are ORDERED by 4/17/2015 to file a JOINT status/compliance report. (jjj) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

43

(WITHDRAWN SEE 45 ) MOTION to Terminate Forty−Two (42) Provisions of Settlement Agreement in Sustained Compliance by Defendant Lake County Indiana. (Bushemi, John) Modified on 3/6/2015 (rmn). (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

44

MOTION to Withdraw 43 MOTION to Terminate Forty−Two (42) Provisions of Settlement Agreement in Sustained Compliance by Defendant Lake County Indiana. (Bushemi, John) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

45

ORDER: GRANTS the Defendants Motion 44 and ORDERS the Defendants Motion to Terminate Forty−Two (42) Provisions of Settlement Agreement in Sustained Compliance 43 WITHDRAWN. Signed by Judge Theresa L Springmann on 3/6/2015. (rmn) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

46

STATUS REPORT Eighth Compliance Report by United States of America. (Attachments: # 1 Exhibit Eighth Status Report)(Maddox, William) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

47

ORDER FOR JUDGE THERESA L SPRINGMANN: The Court is in receipt of the 46 Status Report Eighth Compliance Report filed by United States of America. Parties are ORDERED by 10/16/2015 to file a JOINT Status/Compliance report. Signed by Judge Theresa L Springmann on 4/14/2015. (jlb) (Entered: 04/14/2015)

April 14, 2015

April 14, 2015

48

Miscellaneous Relief

Sept. 17, 2015

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Miscellaneous Relief

Sept. 17, 2015

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48

Miscellaneous Relief

Sept. 17, 2015

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Miscellaneous Relief

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Miscellaneous Relief

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Miscellaneous Relief

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Miscellaneous Relief

Sept. 17, 2015

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Miscellaneous Relief

Sept. 17, 2015

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Status Report

Sept. 30, 2015

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Status Report

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Status Report

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Status Report

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Status Report

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Status Report

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~Util - Set Deadlines AND Order

Oct. 1, 2015

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~Util - Set Deadlines AND Order

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~Util - Set Deadlines AND Order

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~Util - Set Deadlines AND Order

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~Util - Set Deadlines AND Order

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~Util - Set Deadlines AND Order

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ORDER FOR JUDGE THERESA L SPRINGMANN: The Court is in receipt of the 49 Status Report Ninth Compliance Report filed by United States of America. Parties are ORDERED by 4/1/2016 to file a JOINT Status/Compliance report. (jlb) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

51

Order on Motion for Miscellaneous Relief

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Order on Motion for Miscellaneous Relief

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Order on Motion for Miscellaneous Relief

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52

Withdraw as Attorney

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Withdraw as Attorney

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Withdraw as Attorney

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Withdraw as Attorney

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Withdraw as Attorney

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Withdraw as Attorney

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Withdraw as Attorney

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Withdraw as Attorney

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Order on Motion to Withdraw as Attorney

March 1, 2016

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Order on Motion to Withdraw as Attorney

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ORDER granting 52 Motion to Withdraw as Attorney. Attorney Michael J Bolde WITHDRAWN. Text entry order. By Magistrate Judge Paul R Cherry on 3/1/2016. (smb) (Entered: 03/01/2016)

March 1, 2016

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Status Report

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Case Details

State / Territory: Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 3, 2010

Closing Date: Dec. 18, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Government

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lake County (Lake), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2012 - 2019

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Reporting

Recordkeeping

Monitoring

Issues

General:

Bathing and hygiene

Conditions of confinement

Counseling

Fire safety

Record-keeping

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Policing:

Excessive force

Medical/Mental Health:

Dental care

Intellectual disability/mental illness dual diagnosis

Medical care, general

Medical care, unspecified

Medication, administration of

Mental health care, general

Mental health care, unspecified

Self-injurious behaviors

Skin Infections

Suicide prevention

Tuberculosis

Wound care

Type of Facility:

Government-run