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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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