Magistrate advises denial of sheriff's motions

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A magistrate judge has recommended that the Marion County Sheriff's motions to dismiss a complaint against him be denied. A suit was filed following the death of an inmate who didn't receive his needed medicine.

Magistrate Judge Tim Baker in the U.S. District Court, Southern District of Indiana, made the recommendations Tuesday in a suit filed by the family of inmate Brian Keith Allen in The Estate of Brian Keith Allen, et al. v. CCA of Tennessee, LLC, et al., No. 1:08-CV-0774. Allen, who was held in Marion County Jail II, collapsed Nov. 25, 2006, and died several days later. His family claimed his death was directly because of the failure of the Corrections Corporation of America, which operated the jail, to provide Allen with his blood pressure medication.

The suit, filed against CCA, Anderson, and two jail employees, alleges Anderson is legally responsible for the death because he had a duty to supervise the contact the Sheriff's Office had with CCA, which includes providing inmates with proper medical care. It was originally filed in Marion Superior court in May 2008 but was moved in June 2008 to the federal court.

Magistrate Judge Baker issued his report and recommendation that Anderson's motion for judgment on the pleadings under Rule 12(c) and motion to dismiss federal claims under Rule 12(b)(6), be denied. The magistrate judge used Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009), and Atlantic v. Twombly, 550 U.S. 544, 570 (2007), which provide a two-prong analysis for courts deciding a motion to dismiss, to come to his conclusion. The suit alleges Allen's death was a direct result of the CCA medical staff's failure to give him his medication or to monitor his hypertension, and that Anderson had knowledge of the substandard medical care provided to inmates but remained indifferent.

The family also doesn't rely solely on a theory of supervisory liability in their claims against Anderson because by alleging the sheriff did nothing despite knowing Allen and others weren't receiving necessary medical attention, the family tries to hold him liable for his own conduct, not the misconduct of his subordinates. It's also too early to rule whether Anderson is protected by qualified immunity.

Magistrate Judge Baker denied Anderson's motion to dismiss the state tort claims against him as moot because in their amended complaint, the family made no mention of the sheriff regarding their tort claims. He also denied the family's request for sanctions because Anderson's motions weren't without merit. In a separate order, the magistrate judge denied Anderson's motion for a more definite statement as to whether he is being sued individually or in his official capacity. At a pretrial conference in May, the family clarified they are suing him both individually and in his official capacity, so the motion is moot.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.