ILNews

Federal judge lifts Marion County jail oversight

Michael W. Hoskins
January 1, 2007
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U.S. District Judge Sarah Evans Barker in Indianapolis has ended a 35-year federal oversight period of the Marion County jail that resulted from a lawsuit by the Indiana Civil Liberties Union in 1972.

Judge Barker's June 8 order released Monday noted that jail and lockup expansions, court-ordered inmate releases, and the creation of a night court late last year show that legal requirements have been met and judicial supervision of the litigation is no longer needed. Dissolving the consent decree is "fair, reasonable, and adequate," she wrote.

Stemming from overcrowding issues, the ICLU at the time sued over unacceptable conditions at the facilities. The civil liberties group's current legal director, Ken Falk, did not oppose lifting the order.

This has been the granddaddy of jail lawsuits filed in Indiana in past decades, with the suit being filed against the county jail in 1972 and current Sheriff Frank Anderson inheriting the suit in 2002. Following that, Judge Barker in April 2002 held the county in contempt for ignoring the jail overcrowding issue. She capped the jail population and threatened fines if that number was exceeded.
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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

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  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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