On February 6, 2007, inmates confined at the Floyd County, Indiana Jail filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of Indiana, alleging that they became infected with a virulent, penicillin-resistant staph infection as a result of the deliberate indifference of Jail personnel. Plaintiffs alleged that they were thereby deprived without due process of law of their right not to be subjected to cruel and unusual punishment under the Eighth and Fourteenth Amendments to the United States Constitution and Indiana state law. Plaintiffs sought compensatory and punitive damages, declaratory and injunctive relief, and class certification.

Plaintiffs moved for a preliminary injunction, which Defendants opposed. The District Court (Judge Sarah Evans Barker) heard testimony and evidence on the motion at a June 26, 2007 hearing. The motion was taken under advisement.

At the time of this summary, the case was still pending.

Dan Dalton - 01/22/2008


compress summary