ILNews

Federal judge certifies class-action suit against jail

Back to TopE-mailPrintBookmark and Share

A federal judge has certified a class-action suit against the Lake County sheriff and others brought by a group of pretrial detainees who were held in the county jail in conditions they claim were unconstitutional.

Chief Judge Philip P. Simon of the U.S. District Court in the Northern District of Indiana granted the motion Wednesday in Richard Flood, et al. v. Roy Dominguez, individually in his capacity as sheriff of Lake County, Ind., et al., No. 2:08-CV-153.

The plaintiffs claimed detainees are consistently left in overcrowded holding cells for long periods of time. The holding cells are temporary homes for arrestees before they are moved to permanent housing. The cells range in size from 15-by-15-feet to 20-by-30-feet, have no beds or mattress, one toilet, and hold multiple detainees at a time.

All of the plaintiffs were left in a holding cell for at least 24 hours; some potential class members claim they were held for 3 to 45 days. The plaintiffs argue the conditions of these cells are unsanitary - “the walls and floor are often covered with bodily fluids, each holding cell has one toilet, which is often backed up and rarely has toilet paper; and Jail personnel do not provide detainees any means to clean themselves,” wrote the chief judge.

Their core complaint is that the jail doesn’t provide these detainees beds or something to sleep on. They also argue that food portions are inadequate and they must fight for food, the cells are consistently cold, there’s no ventilation, and bright lights are constantly on.

The class covers all detainees of Lake County, Ind., jail who were confined in the jail’s holding cells for more than 24 hours on or after May 13, 2006.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT