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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. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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