Judge grants limited class certification in stage collapse lawsuit

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While she said she doubts the plaintiffs can win their case, U.S. Judge Sarah Evans Barker is allowing limited class certification in a lawsuit challenging the state’s $5 million damage liability cap. Plaintiffs incurred injuries in the Indiana State Fair stage collapse Aug. 13.

In a 28-page ruling, the federal judge in the Southern District of Indiana granted class certification for the limited purpose of determining whether the $5 million cap violates the due process and equal protection clauses of the 14th Amendment.

However, Barker wrote that the court doesn’t believe the plaintiffs have demonstrated a likelihood of success on the merits, given the well-established caselaw on damages caps for tort claims against governmental entities. She denied a preliminary injunction request that sought to both stop the state from settling any tort claims relating to the stage collapse and prevent the state from disbursing any of the $5 million in public funds to the stage collapse victims.

 “Given the severity of the Plaintiffs’ and other similarly situated claimants’ reported injuries, we believe the public interest would not be served by restricting Defendants’ scope of action as Plaintiffs have requested. When compared with the potential deprivation of much-needed money that the claimants are likely to suffer if a preliminary injunction is granted, the balance of hardships tips in Defendants’ favor,” she wrote.

The judge also denied an emergency motion for discovery.

Her ruling comes almost a month after an evidentiary hearing in the case, which Valparaiso attorney Kenneth Allen filed in September on behalf of six plaintiffs who were injured or killed in the stage collapse at the fairgrounds in Indianapolis. This is one of many lawsuits that has been filed in state and federal courts in the three months since the deadly accident.

Barker found that plaintiffs met the class certification numerosity requirement because they could institute individual claims, and joinder of all the parties would be impractical. But the judge determined the plaintiffs fell short of meeting the class certification criteria for commonality in regard to their share of the state’s public fund and because plaintiffs haven’t shown the defendants did or intended to do anything that might connect everyone. Barker found that the named plaintiffs’ claims aren’t all substantially similar for the bulk of the lawsuit, but that they do share a typical focus for the limited purpose of challenging the Indiana cap’s constitutionality.

The judge wasn’t persuaded to involve Rule 23(b) on class certification based on the obvious possibility that some claimants might ultimately be more successful than others, but the plaintiffs do meet the requirements of Rule 23(a) on that limited constitutional question.

“Lastly, although we acknowledge the real merits of Defendants’ Eleventh Amendment and abstention arguments against class certification, our limited certification does not run afoul of these doctrines,” Barker wrote.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.