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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.