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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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