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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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