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7th Circuit Court: Class action suit isn't moot

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A class action lawsuit filed by an inmate at the Tippecanoe County Jail who has since been transferred can proceed through the litigation process to determine if class action certification is proper, the 7th Circuit Court of Appeals concluded today.

The Circuit judges reversed the District Court's dismissal of Jeffery Mark Olson's suit as moot in Jeffery Mark Olson, on behalf of himself and a class of those similarly situated v. Tracy Brown, in his official capacity as Sheriff of Tippecanoe County, No. 09-2728. Olson filed his complaint alleging violations of his rights under the federal constitution and Indiana law for opening his mail and denying access to the law library. He sued the sheriff while he was an inmate in the county jail. Shortly after Olson filed his suit and motion for class certification, the Indiana Department of Correction transferred him. The District Court ruled the suit was moot because the transfer took place before class certification.

The issue before the 7th Circuit was whether Olson's claim is so "inherently transitory" that it is uncertain that any member of the class would maintain a live controversy long enough for a judge to certify a class. In Gerstein v. Pugh, 420 U.S. 103 (1975), the U.S. Supreme Court addressed the problem of mootness for class claims brought by pre-trial detainees and found in that case that a constant class of people suffering the alleged deprivation is certain and the court could assume that counsel had other clients with a continuing live interest in the issues.

The 7th Circuit - which hadn't yet applied the Gerstein line of cases to a case involving jail inmates - agreed with the 2nd Circuit's determination that the Gerstein line of cases require a claim to meet two main elements for the "inherently transitory" exception to apply. One, it is uncertain that a claim will remain live for any individual who could be named as a plaintiff long enough for a court to certify the class; and two, there will be a constant class of persons suffering the deprivation complained of in the complaint.

It's uncertain that any potential named plaintiff in the class of inmates would have a live claim long enough for a District Court to certify a class, wrote Judge Joel Flaum. In addition, there will be a constant class of people suffering the deprivation. Olson, however, only sought injunctive relief and is no longer subject to the conditions that formed the basis of his complaint, so the issue is resolved in relation to him.

The Circuit Court declined to address the issue of class certification and instead remanded to the District Court for consideration of the motion for class certification and Sheriff Tracy Brown's motion for dismissal for failure to state a claim, which the District Court did not address before dismissing the case.

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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

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  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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