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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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