ILNews

COA affirms jail phone commissions

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
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.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

ADVERTISEMENT