University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Anderson v. Bayh PC-IN-0002
Docket / Court 3:83-0481 ( N.D. Ind. )
State/Territory Indiana
Case Type(s) Prison Conditions
Case Summary
On February 13, 1986, inmates at the Westville Correctional Center in Westville, Indiana, filed a class action lawsuit under 42 U.S.C. § 1983 against prison officials in the District Court for the Northern District of Indiana, South Bend Division. The plaintiffs, represented by the Valparaiso ... read more >
On February 13, 1986, inmates at the Westville Correctional Center in Westville, Indiana, filed a class action lawsuit under 42 U.S.C. § 1983 against prison officials in the District Court for the Northern District of Indiana, South Bend Division. The plaintiffs, represented by the Valparaiso University Clinical Program, the Indiana Civil Liberties Union, the American Civil Liberties Union and the ACLU National Prison Project, asked the court for declaratory and injunctive relief, alleging violations of inmates' Eighth and Fourteenth Amendment rights. Specifically, the plaintiff class contested poor heating and ventilation, an insufficient number of showerheads and toilets, inadequate sanitary conditions and medical care, and overcrowding.

On December 30, 1987, the plaintiffs filed an amended complaint contesting overcrowding, unsanitary conditions, high amounts of inmate on inmate violence, and inadequate medical and psychiatric care.

On March 31, 1989, the District Court (Judge Allen Sharp) approved a consent decree that provided for, among other things, an expansion project, increased exercise opportunities, and increased medical and psychiatric care. Under the consent decree, the Court would retain active jurisdiction for two years during which the defendants had to provide the Court with written progress reports.

Significant amounts of subsequent litigation followed during which the District Court (Judge Sharp) repeatedly denied the plaintiffs' motions to hold the defendants in contempt for violation of the consent decree. On multiple occasions, the Judge Sharp extended court supervision over the consent decree.

On March 29, 1996, the Magistrate Court (Judge Robin D. Pierce) granted joint motions to enter a settlement agreement with notice to be posted at the Westville Correction Center for a period of 30 days. However, on April 26, 1996, during this 30-day period, Congress passed the Prison Litigation Reform Act (PLRA). Pursuant to the passage of the PLRA, the defendants opposed entry of the settlement agreement and the plaintiffs alleged that approval was still appropriate, the defendants' interpretation of the PLRA being unconstitutional.

On March 28, 1997, the Magistrate Court (Judge Pierce) filed a report and recommendation. Judge Pierce recommended that the District Court deny the plaintiffs' request for approval of the settlement agreement as well as the plaintiffs' February 26, 1996, motion for attorneys' fees.

On October 9, 1997, the District Court (Judge Sharp) denied the plaintiffs' remaining motion to hold the defendants in contempt.

On September 29, 1998, the Magistrate Court (Judge Pierce) filed a report and recommendation. Judge Pierce recommended that the District Court strike one plaintiff's class action complaint.

On October 22, 1998, the District Court (Judge Sharp) dismissed the one plaintiff's class action complaint.

On February 24, 1999 the District Court (Judge Sharp) granted the plaintiffs' attorney fees and expenses for post-judgment monitoring and enforcement work.

On November 17, 2003, the District Court (Judge Sharp) denied one plaintiff's motion for a preliminary injunction and directed the clerk to direct all future correspondence related to this case to the plaintiffs' attorneys.

Because the PACER docket ends with a December 1, 2003, entry concerning undeliverable mail, we have not more information on this case.

Josh Altman - 05/31/2006


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Crowding
Crowding / caseload
General
Bathing and hygiene
Classification / placement
Sanitation / living conditions
Medical/Mental Health
Medical care, general
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Westville Correctional Center
Plaintiff Description inmates at the Westville Correctional Center in Westville, Indiana
Indexed Lawyer Organizations None on record
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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1989 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
click to show/hide detail
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)
3:83-CV-0481AS (N.D. Ind.) 03/10/2005
PC-IN-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 02/13/1986
PC-IN-0002-0001 PDF | Detail
Plaintiffs' Supplemental Set of Interrogatories 01/25/1987
PC-IN-0002-0002 PDF | Detail
Second Amended Complaint 12/30/1987
PC-IN-0002-0003 PDF | Detail
Agreed Entry 01/13/1989
PC-IN-0002-0004 PDF | Detail
Judgment 01/17/1989 (N.D. Ind.)
PC-IN-0002-0011 PDF | Detail
Order 01/23/1989 (N.D. Ind.)
PC-IN-0002-0005 PDF | Detail
Final Judgment 04/01/1989 (N.D. Ind.)
PC-IN-0002-0006 PDF | Detail
Stipulation and Request for Continuance of Court Supervision for an Additional Six Months 07/12/1993
PC-IN-0002-0007 PDF | Detail
Order 12/19/1994 (N.D. Ind.)
PC-IN-0002-0013 PDF | Detail
Plaintiffs' Memorandum in Support of Class Action and Contempt Motion Settlement 06/08/1996
PC-IN-0002-0009 PDF | Detail
Letter to David Arthur from Hamid Kashani w/consent order attached 07/01/1997
PC-IN-0002-0012 PDF | Detail
Judges Pierce, Robin D. (N.D. Ind.) [Magistrate]
PC-IN-0002-0009 | PC-IN-0002-9000
Sharp, Allen (N.D. Ind.)
PC-IN-0002-0004 | PC-IN-0002-0005 | PC-IN-0002-0006 | PC-IN-0002-0007 | PC-IN-0002-0013 | PC-IN-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Albrecht, Lawrence G. (District of Columbia)
PC-IN-0002-0002 | PC-IN-0002-0003 | PC-IN-0002-0004 | PC-IN-0002-0006
Balaban, Eric G. (District of Columbia)
PC-IN-0002-9000
Falk, Kenneth J. (Indiana)
PC-IN-0002-9000
Jones, Mohamedu F. (District of Columbia)
PC-IN-0002-0009 | PC-IN-0002-9000
Kashani, Hamid R. (Indiana)
PC-IN-0002-0009 | PC-IN-0002-0012 | PC-IN-0002-9000
Krakoff, Jere (District of Columbia)
PC-IN-0002-0002 | PC-IN-0002-0003 | PC-IN-0002-0004 | PC-IN-0002-0006
Lopez, Mark J. (District of Columbia)
PC-IN-0002-0002 | PC-IN-0002-0003 | PC-IN-0002-0004 | PC-IN-0002-0006 | PC-IN-0002-9000
Smith, J. Patrick (Indiana)
PC-IN-0002-0001 | PC-IN-0002-0002 | PC-IN-0002-0003 | PC-IN-0002-0004 | PC-IN-0002-0006 | PC-IN-0002-9000
Vandercoy, David E. (Indiana)
PC-IN-0002-0007 | PC-IN-0002-9000
Defendant's Lawyers Arthur, David A. (Indiana)
PC-IN-0002-0004 | PC-IN-0002-0006 | PC-IN-0002-9000
Dawson, Todd A. (Indiana)
PC-IN-0002-0003
Gikas, Rick G. (Indiana)
PC-IN-0002-0003
Lahn, Seth M. (Indiana)
PC-IN-0002-0007 | PC-IN-0002-9000
Pearson, Linley E. (Indiana)
PC-IN-0002-0004 | PC-IN-0002-0006
Other Lawyers Rowold, Richard Lee (Indiana)
PC-IN-0002-9000

- click to show/hide ALL -

new search
page permalink

- top of page -