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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. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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