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Magistrate advises denial of sheriff's motions

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A magistrate judge has recommended that the Marion County Sheriff's motions to dismiss a complaint against him be denied. A suit was filed following the death of an inmate who didn't receive his needed medicine.

Magistrate Judge Tim Baker in the U.S. District Court, Southern District of Indiana, made the recommendations Tuesday in a suit filed by the family of inmate Brian Keith Allen in The Estate of Brian Keith Allen, et al. v. CCA of Tennessee, LLC, et al., No. 1:08-CV-0774. Allen, who was held in Marion County Jail II, collapsed Nov. 25, 2006, and died several days later. His family claimed his death was directly because of the failure of the Corrections Corporation of America, which operated the jail, to provide Allen with his blood pressure medication.

The suit, filed against CCA, Anderson, and two jail employees, alleges Anderson is legally responsible for the death because he had a duty to supervise the contact the Sheriff's Office had with CCA, which includes providing inmates with proper medical care. It was originally filed in Marion Superior court in May 2008 but was moved in June 2008 to the federal court.

Magistrate Judge Baker issued his report and recommendation that Anderson's motion for judgment on the pleadings under Rule 12(c) and motion to dismiss federal claims under Rule 12(b)(6), be denied. The magistrate judge used Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009), and Atlantic v. Twombly, 550 U.S. 544, 570 (2007), which provide a two-prong analysis for courts deciding a motion to dismiss, to come to his conclusion. The suit alleges Allen's death was a direct result of the CCA medical staff's failure to give him his medication or to monitor his hypertension, and that Anderson had knowledge of the substandard medical care provided to inmates but remained indifferent.

The family also doesn't rely solely on a theory of supervisory liability in their claims against Anderson because by alleging the sheriff did nothing despite knowing Allen and others weren't receiving necessary medical attention, the family tries to hold him liable for his own conduct, not the misconduct of his subordinates. It's also too early to rule whether Anderson is protected by qualified immunity.

Magistrate Judge Baker denied Anderson's motion to dismiss the state tort claims against him as moot because in their amended complaint, the family made no mention of the sheriff regarding their tort claims. He also denied the family's request for sanctions because Anderson's motions weren't without merit. In a separate order, the magistrate judge denied Anderson's motion for a more definite statement as to whether he is being sued individually or in his official capacity. At a pretrial conference in May, the family clarified they are suing him both individually and in his official capacity, so the motion is moot.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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