ILNews

Court mulls 'vicarious exhaustion' in jail suit

Michael W. Hoskins
January 1, 2008
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A court ruling issued Monday by a federal judge in Indianapolis touches on a legal nuance that's yet to be addressed by the 7th Circuit Court of Appeals in Chicago and is also a relatively new argument for Indiana.

In the jail-condition prisoner suit of Trevor Richardson v. Monroe County Sheriff, et al., No. 1:08-cv-0174 U.S., Judge Richard Young of the U.S. District Court, Southern District of Indiana, denied a motion from the Monroe County Sheriff's Office to dismiss the suit and granted the plaintiff's motion to certify as a class action.

Trevor Richardson filed suit in February when he was incarcerated in Monroe County Correctional Center, contending that overcrowding led to unsafe and hazardous conditions for inmates. He filed a grievance and two appeals with correctional officers, but he received no response before filing his suit and asking for class-action status. He was released within a week of that filing.

Though Richardson has been released and his individual claims are moot, Judge Young determined that the case warranted class-action status as it could impact the proposed class. But jail officials argued that each prisoner should have to prove they satisfy the requirements to join the class.

In a footnote, Judge Young points out that the related issue of "vicarious exhaustion of administrative remedies" exists in this case - whether the exhaustion of administrative remedies should be carried over to all members of the class.

That issue has only come up before in a Sept. 24, 2007, decision in Wade Meisberger and Ernest Tope v. J. David Donahue, No. 1:06-cv-1047, when Judge Larry McKinney in the Southern District of Indiana found that the vicarious exhaustion requirement applies to cases brought under the Prison Litigation Reform Act. The 7th Circuit Court of Appeals hasn't directly addressed that issue, but the Southern District tackled that nuance in the ruling last year and relied on precedent from other District Courts and the 11th Circuit in Atlanta.

In that ongoing suit that has been stayed pending a potential settlement, the court agreed with the prisoners that the "vicarious exhaustion" should apply and the court agreed, pointing out that it was a new issue for the 7th Circuit. At the time, Judge McKinney wrote that it would be wasteful to require each and every prisoner to present the same claim to the Department of Correction when the agency has already had the chance to address it in the named plaintiff's claim.

"The court sees no reason to diverge from its earlier ruling," Judge Young wrote in Monday's footnote.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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