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Former Marion County jail inmates lose appeal

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Two former inmates who filed a class action lawsuit against the company that runs the Marion County Correctional Center couldn’t convince the 7th Circuit Court of Appeals that the court should rule in their favor. The men claimed the jail provided inadequate medical care and inhumane living conditions.

Alan Kress and Randy Carr were inmates in the jail in 2008. They filed their complaint against CCA of Tennessee, which operates as Corrections Corporation of America, seeking injunctive and declaratory relief. They also sought class certification for any and all people currently or who will be confined in the jail.

In December 2010, U.S. Judge Larry McKinney granted class certification, but dismissed many of the claims from class certification, including that the jail failed to provide adequate medical care, that the conditions of confinement inside the jail were inhumane, and that the procedures in the jail violated inmates’ rights under the Health Insurance Portability and Accountability Act. CCA moved for summary judgment on the remaining issues, which the District Court granted.

Kress and Carr appeal McKinney’s denial of class certification of their claim regarding CCA’s reduction of daily pill calls for inmates from three per day to two per day, the grant of summary judgment to CCA, and the order denying their motion to amend the judgment.

McKinney denied class certification on this issue based on the failure to satisfy the typicality requirement of Federal Rule of Civil Procedure 23(b)(a). The 7th Circuit was not persuaded by Kress and Carr’s reliance on Smentek v. Sherriff of Cook County, 09 C 529, 2010 U.S. Dist. LEXIS 122145 (N.D. Ill. Nov. 18, 2010), to overturn the decision.

In Alan Kress and Randy Carr v. CCA of Tennessee LLC, doing business as Corrections Corporation of America, et al., 11-2950,  the 7th Circuit also upheld summary judgment for CCA, pointing out that the conditions the men complained of have since been remedied by the jail. They do not dispute that the remedial measures were taken.

“Therefore, due to the lack of evidence of any ongoing constitutional violations, the district court had no choice. The grant of summary judgment was proper,” Judge William Bauer wrote.

The judges affirmed the denial of the men’s motion to amend judgment.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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