ILNews

COA affirms jail phone commissions

Jennifer Nelson
January 1, 2008
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After years of litigation, the Indiana Court of Appeals ruled today that the Marion County Sheriff and the Indiana Department of Administration were allowed to enter into contracts with a phone company that provided commissions to the sheriff and IDOA on phone calls made from the jail and prison facilities.

In Chanelle Linet Alexander, et al. v. The Marion County Sheriff and the Commissioner of the Indiana Department of Administration, No. 49A02-0708-CV-716, the plaintiffs are a class of people who have been charged or paid for collect phone calls from inmates at the Marion County Jail and those incarcerated at Indiana Department of Correction facilities.

The suit was first filed in 2000, dismissed by the trial court for lack of subject jurisdiction, and appealed to the Court of Appeals. In Alexander I, the Court of Appeals remanded the case to the trial court to determine whether the sheriff and commissioner of IDOA were allowed to enter into contracts with Ameritech and AT&T that provided commissions and other compensation paid by the phone company to the sheriff and state, and if the rates charged for collect calls in the jail and DOC facilities were reasonable.

On remand, the trial court granted summary judgment in favor of the sheriff and IDOA, leading to the second appeal to the Court of Appeals by the plaintiffs.

In the instant case, the Court of Appeals affirmed the trial court's grant of summary judgment. After examining Indiana statute, the appellate court found the defendants didn't violate any of the prohibition against excessive license fees, unreasonable user fees, or combinations in restraint of trade.

"Finding no statutory constraints on the Sheriff's or the State's authority to enter into contracts that call for the service providers to pay commissions to the Sheriff and the State in accordance with their respective contracts, and in light of the General Assembly's recognition of the Sheriff's and the State's authority to accept commissions from telephone service providers, we conclude that the trial court properly decided the threshold issue, i.e., the Sheriff and the State had the authority to enter into contracts which provided that they would receive commissions from providers of telephone services to their respective facilities," wrote Judge Ezra Friedlander.

The Court of Appeals also found that the defendants met their initial burden of proof showing the rates charged to inmates in the jail or DOC facilities were reasonable as they were no more than rates charged to the public for a similar service. The plaintiffs failed to meet their burden of establishing there is a genuine issue of fact regarding the reasonableness of the rates charged by the phone companies, he wrote.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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