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Case Name Dunn v. Carey JC-IN-0004
Docket / Court 78-108 ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Jail Conditions
Case Summary
In 1978 the inmates filed a federal class action suit in the U. S. District Court for the Southern District of Indiana claiming that conditions at the Delaware County Jail violated the constitutional rights of the pretrial detainees. The suit was settled in 1984 with the issuance of a consent ... read more >
In 1978 the inmates filed a federal class action suit in the U. S. District Court for the Southern District of Indiana claiming that conditions at the Delaware County Jail violated the constitutional rights of the pretrial detainees. The suit was settled in 1984 with the issuance of a consent decree calling for the construction of a new 'Public Safety Complex' that was include a new town hall, police station and jail. This new complex was to be paid for through a new tax.

We do not have much information on the action itself, but we do have opinions about a collateral issue: Two people not involved in the federal action brought a complaint in front of the state tax board, contesting the new taxes. The board ruled against them, and they filed an appeal in state court. While that appeal was pending, parties from the original federal action, claiming that the pending state action was prohibiting them from borrowing the money needed to start construction on the Safety Complex, sought to have the two people filing in state court joined in their federal case, and to have the state action stopped. On June 25, 1986, the district court (Judge William E. Steckler) issued an opinion denying both motions. Dunn v. Carey, 110 F.R.D. 439 (S.D. Ind. 1986). Plaintiffs appealed. On December 16, 1986, the U.S. Court of Appeals for the Seventh Circuit (Judge Frank Easterbrook) affirmed the lower court opinion by holding, in part, that the Anti-Injunction Act barred injunctions where the federal case had been ended by a consent decree. Dunn v. Casey, 808 F.2d 555 (7th Cir. 1986).

Because the docket is not available on PACER, we have no further information on this case.

Ben Kelly - 03/01/2006


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Issues and Causes of Action
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Issues
General
Totality of conditions
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Indian State Board of Tax Commissioners
Plaintiff Description Detainees of the Deleware County Jail
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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1984 - n/a
Case Closing Year n/a
Case Ongoing No
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)
No docket sheet currently in the collection
General Documents
Reported Opinion 06/25/1986 (110 F.R.D. 439) (S.D. Ind.)
JC-IN-0004-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 12/16/1986 (808 F.2d 555)
JC-IN-0004-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Easterbrook, Frank Hoover (Seventh Circuit)
JC-IN-0004-0001
Steckler, William Elwood (S.D. Ind.)
JC-IN-0004-0002
Monitors/Masters None on record
Plaintiff's Lawyers Kear, Fergus (Indiana)
JC-IN-0004-0001 | JC-IN-0004-0002
Kiefer, J. Richard (Indiana)
JC-IN-0004-0002
Reuben, Lawrence M. (Indiana)
JC-IN-0004-0001 | JC-IN-0004-0002
Defendant's Lawyers Brinkman, Franklin D. (Indiana)
JC-IN-0004-0002
Cherry, H. Erskine (Indiana)
JC-IN-0004-0001 | JC-IN-0004-0002 | JC-IN-0004-0002
Cross, Gregory (Indiana)
JC-IN-0004-0002
Dunnuck, Donald H. (Indiana)
JC-IN-0004-0002
Greer, Charles (Indiana)
JC-IN-0004-0002
Lobley, Alan (Indiana)
JC-IN-0004-0002
Quirk, Jack A. (Indiana)
JC-IN-0004-0002
Schuck, Kenneth P. (Indiana)
JC-IN-0004-0002
Stock, Kevin L. (Indiana)
JC-IN-0004-0002
Other Lawyers Braddock, Charles F. (Indiana)
JC-IN-0004-0002 | JC-IN-0004-0002

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