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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe American Civil Liberties Union of Indiana is suing several branches of the Monroe County government in federal court for what the organization says are unconstitutional conditions at the Monroe County Jail.
The issue, the ACLU argues, has been ongoing for nearly two decades.
The class-action complaint was filed July 10 in the U.S. District Court for the Southern District of Indiana against the Monroe County Council, the Monroe County Commissioners and the Monroe County Sheriff on behalf of plaintiffs Tayler Grubb and Joseph Marrero, who are incarcerated at the jail.
“Monroe County officials have known for years that the jail is overcrowded, unsafe, and falling apart,” Ken Falk, legal director at the ACLU of Indiana, said in a press release. “They have had nearly two decades to find a lasting solution, yet people are still being held in unconstitutional conditions that threaten their health and safety. Studies have documented that the jail is dangerous and inadequate, and the Sheriff has been candid about its many problems. However, the Sheriff’s role under Indiana law is limited, and the county officials who could solve this problem have not listened.”
The sheriff’s office, county council and board of commissioners did not immediately respond to requests for comment.
According to court documents, conditions at the jail violate the Fourteenth Amendment rights of pre-trial detainees at the jail and the Eighth Amendment rights of those imprisoned.
Due to double celling, the jail’s maximum capacity is currently 287 beds, not including five, one-person segregation cells and two, one-person holding cells.
Between June 2 and July 3, 2026, the average total population of the jail was just under 260 beds filled, which is more than 90% of capacity, according to the complaint. Within the same timeframe, nearly 233 “secure beds,” or permanent housing beds, were occupied, which is more than 92% of the jail’s capacity.
Jails are considered overcrowded at 80% minimum, according to court documents. When capacity exceeds 80%, it is impossible to perform an effective classification of prisoners, the ACLU argues. Classification of prisoners is necessary for the safety of prisoners and staff, as prisoners with mental or physical abilities, for example, should be separated from those without disabilities because those with disabilities are prone to be preyed upon by those without, court documents state.
Right now, the jail’s A and B blocks contain more prisoners than there are beds, with some prisoners sleeping on mattresses on the floors of cells, according to the complaint. Some cells are big enough to place the mattresses in plastic containers called boats, but other cells are too small, and mattresses are placed directly on the floor. As a result, some prisoners sleep directly next to toilets and sinks; when other prisoners use the toilet, those sleeping on the floor next to them are frequently splashed with toilet water.
The jail also contains areas within the jail blocks but outside of the cells that are used for showering, making calls and exercising but because of the overcrowding, many of these activities are restricted. These restrictions cause fights to break out often, according to court documents.
In addition, the jail is more than 40 years old with significant HVAC problems and structural issues that allow prisoners to dislodge pieces of cement from jail walls. The jail also has plumbing problems, including broken showers and leaking fixtures, leaving mattresses wet and providing a fertile environment for mold to grow.
Plaintiffs Grubb and Marrero are direct witnesses to the poor living conditions at the jail, the complaint says. Grubb said he previously slept on a mattress on the floor and was often splashed with toilet water, court documents state. The cell he currently lives in is not well-ventilated and becomes brutally hot, he said. The cell he lived in last winter sat at a temperature of 52 degrees.
Marrero has also slept on a mattress on the floor due to overcrowding; because of the size of his cell, he could not put his mattress in a boat. He’s also aware of excessive mold in one of the blocks he’s lived in and said the toilets and sinks often don’t work, according to court documents. He alleges there’s only one handicapped accessible cell in the facility and has seen persons who use a wheelchair sleep on the floor because they can’t access a bunkbed.
According to court documents, the Monroe County Board of Commissioners and County Council toured the jail last November and were told there were insufficient places to hold the then-47 persons in the facility with serious mental illnesses.
Several organizations have also raised concerns over conditions in the jail. Two studies from 2021 and 2023 highlight several issues, including poor or outdated infrastructure.
In Sept. 2024, the Monroe County Sheriff wrote a letter highlighting infrastructure issues within the jail, including inadequate fire safety protection and inadequate locks on cell doors.
The sheriff and other people have also testified on the dangerous conditions during public meetings held by the county council and board of commissioners.
The current conditions are nearly two decades in the making, according to the ACLU.
In 2008, the ACLU of Indiana filed a lawsuit against the same parties on behalf of a putative class of current and future prisoners at the jail. The lawsuit highlighted similar allegations of unconstitutional conditions within the jail, including overcrowded cells and unsanitary living conditions.
The parties reached an agreement in Aug. 2009 which stated that steps were to be taken to address overcrowding and other issues at the jail. The agreement was set to expire in Oct. 2011.
The agreement’s termination deadline, however, was repeatedly extended as Monroe County officials indicated they were considering building a new facility, according to court documents.
The case was officially dismissed on June 8, 2026, after the expiration of the agreement and the filing of the current lawsuit.
The ACLU argues that while the sheriff is not responsible for the overcrowding and inadequate jail structure, he’s responsible for taking care of the prisoners in the jail. Together, the commissioners and county council have failed to take steps to protect the constitutional rights of prisoners within the jail, according to court documents.
The ACLU is seeking a permanent injunction requiring the defendants to take every necessary step to ensure that conditions improve at the jail in compliance with the United States Constitution.
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