University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Driver v. Marion County Sheriff JC-IN-0024
Docket / Court 1:14-cv-2076 ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Jail Conditions
Case Summary
On December 19, 2014, individuals who were incarcerated in the Marion County correctional system filed this class-action lawsuit in the US District Court for the Southern District of Indiana. The plaintiffs sued the Marion County sheriff under 42 U.S.C. § 1983. Represented by private counsel, the ... read more >
On December 19, 2014, individuals who were incarcerated in the Marion County correctional system filed this class-action lawsuit in the US District Court for the Southern District of Indiana. The plaintiffs sued the Marion County sheriff under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought money damages for a class of individuals who were incarcerated in the Marion County correctional system for unreasonable periods of time. The plaintiffs claimed that they were incarcerated for longer than legally authorized because they were detained after they had been ordered to be released or after the legal authority for their detention had ceased.

The Marion County Sheriff's Department stated to multiple individuals that the sheriff had a period of 72 hours after a release order to process prisoners out of jail. The plaintiffs argued that this is an unreasonable period of time. Additionally, the sheriff had a practice of re-arresting and re-imprisoning individuals who had been released on their own recognizance or had had their charges vacated or dismissed, at which point the Sheriff no longer had any legal right to detain them. The plaintiffs claimed that these procedures constituted unreasonable seizures and detentions, deprivation of liberty without due process, false imprisonment, and negligence. The plaintiffs claimed the defendants' violated their fourth amendment right to protection against unreasonable seizures and detentions and their fourteenth amendment right to due process. They sought all relief available under the law, including the creation of a common fund from which all class members could claim compensatory damages, attorney fees and costs, and all other appropriate relief.

On June 19, 2015, the defendants filed a stipulated protective order, which applied to police investigative reports and other investigatory materials, and personnel, employee, and inmate files which may include payroll, compensation, and benefit information and performance evaluations.

This case is ongoing as of November 9, 2015.

Anna Jones - 11/09/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Corrections
General
Conditions of confinement
Over/Unlawful Detention
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Marion County Sheriff
The Consolidated City of Indianapolis and Marion County
Plaintiff Description Individuals who were incarcerated in the Marion County correctional system.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
14-cv-2076 (S.D. Ind.) 10/23/2015
JC-IN-0024-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiffs' Class Action Complaint 12/19/2014
JC-IN-0024-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Third Amended Class Action Complaint 05/05/2015
JC-IN-0024-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Entry of Stipulated Protective Order 06/19/2015
JC-IN-0024-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulated Protective Order 06/19/2015
JC-IN-0024-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Dinsmore, Mark. J. (S.D. Ind.) [Magistrate]
JC-IN-0024-9001
Young, Richard L. (S.D. Ind.)
JC-IN-0024-9001
Monitors/Masters None on record
Plaintiff's Lawyers Boldt, Matthew C. (Indiana)
JC-IN-0024-0004 | JC-IN-0024-9001
Waples, Richard A. (Indiana)
JC-IN-0024-0001 | JC-IN-0024-0002 | JC-IN-0024-0004 | JC-IN-0024-9001
Young, John P. (Indiana)
JC-IN-0024-0001 | JC-IN-0024-0002 | JC-IN-0024-0004 | JC-IN-0024-9001
Defendant's Lawyers Bowman, Daniel (Indiana)
JC-IN-0024-9001
Dinges, Amanda J. (Indiana)
JC-IN-0024-0004 | JC-IN-0024-9001
Overholt, Anthony W. (Indiana)
JC-IN-0024-0003 | JC-IN-0024-0004 | JC-IN-0024-9001
Other Lawyers None on record

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