2 Bob and the request for documents.
3. Michelle’s case for bond reduction.
4. Jail conditions case:
Look up aclu documents, complaints in jail cases. We can use that as a template for getting a joco complaint ready to file.
Sunday, July 07, 2024
Monday 7/8/9/2024
plan.
review roofing budget, tarp, check rain situation.
confirm Jamison
follow up letter to rev e smith sr.
tasks:
robbin: read complaint from Gupta.
review church emails.
swim at club for breakfast? put clubs in van.
check stock
Michelle: make lists, organize roofing, get a printer. review church contract. delegate tasks.
Brian: let us send you some videos.
ducks in a row. fleet management.
status of the truck?
miss, here is monopoly money for $300 for your work on the truck on your day off.
I would like to lose this money to you at euchre over the next week, so that I look gullible. I'm a shill.
My expectation is that within 3 weeks I will learn the game and stop losing.
Friday, July 05, 2024
Wednesday, July 03, 2024
test. I am back online.
I have some daily task list notes on my other computer. I I have been offline for a week because Michelle his the charger.
https://www.indy.gov/activity/visit-a-person-in-jail
get jordan's records from city county building.
my tasks for the day:
bank,
storage unit, 11 am go to Jill's.
ambulance for DC?
$50 for Pete if I can find him. (later, out;line more of my plans for pete's sake.)
pretrip inspection of company trucks.
write up service ticket for my van - lights, power steering, tire..
write up service ticket for truck - leaking gas tank, tire, brakes, anything else?
ticket for van. inspect broken windshield.
I am going to need a calendar of incidents such as the windshield, two recent burglaries, etc.
| 8:34 AM (4 minutes ago) |  | ||
| ||||
thursday july 4 notes.
my to do list for today includes
fireworks downtown tonight
did so far.
1. the dog i met last night got killed, so i disposed of the body. so i'm in kind of a shitty mood today, expect that.
when you need a body disposed of, i'm your guy.
2 loads laundry.
3. moved the ti tent.
=
at the moment i am still waiting on my truck. i am very unhappy to see it back in the yard still notfixed. i took it to my tire ghuy for a reason.
you have the van key. i do not. i need a vehicle to get my work done. we told that guy we were taking that fence, and it's very important to me, with a guy ;like that, that i do what i say i will do. it pisses me off when a first contact with a guy makes me look like i don't know what i am doing.
i need to sit down with you and explaiin the thing with the ducks and trucks. you dont seem to be getting it yet. i need to get my ducks in arow.
i would like to give you some negative feedback about your job performance, but only when we are both calm so it will be constructive.
otherwise i just bottle this stuff up. let's make a to do list for about a week, and then every day we go over it.
i need a daily email from you summarizing what we did and did not get done.
when i give you an envelope with $500, what i need is an email within 24 hours settiing out where that money wen t so we can keep our books.
it's is july 4th. are you ready to go over june's books?
i will go to the dollar store and get a bag of bags, so i can bag and tag cigarette butts.
danny showed up early, great attitude, gets stuff done.
you guys can use the truck to move the trailer. expect a lot of screaming from dc. but fix the tire first.
and fill out a pretrip inspection report for the truck. which needs a number. i gues si nwill go to the auto stoere and buy some numbers to put on the trucks.
when i was out getting the windows, some guys said they want to buy the van i said bring me a written offer.
do we have the title and keys ready to go?
this cold coffee at wendy's is pretty good, but i'm going to throw it away, i dont think i need caffiene today.
it's now around 8:30. i'll check the storage unit.m i can get justin if he needs a ride. he can work on electric and mechanic stuff.
i also have a task for him to meet the construction company across the street.
note to self: ride bike today.
you can have danny clean up trash around the auto parts lot and the alley - i am very unhappy when our mess aspills over to thee neighbors.
if justin wants to use a bobcat to smooth out the alley, i'll pay for the bobcat and his time, but find out how much the rental is first. can we borrow one? probably not. and i'd pay for a load of gravel as well if thsasat helps.
jordan - so we are going today? please also set up a jail visit for denise paul hatch. they may be holding her in seg and not let us see her, i'm not sure.
she's a friend and the center township constable, and they've been holding her for a month over minor stuff.
i figured out how we get jordan. we use him as the plaintiff in a civil rights action against the jal, and then we keep the money. if any.
so danny'ss gonna walk with me and the clipboard and i'll get thaat part started today, but i'
m not in the riight mood right now.
ok that's plenty for today.
please respond with your own list or at least an "ok".
in the next week part of what i need from nyou is:
resume
full criminal file
set up those appointments with jill/eric and that prosecutor lady.
i will try to put in another half hour here catching up on some of my online work.
copied from email: oh shoot it didn't copy I have to try again.
sday july 4 notes.
my to do list for today includes
fireworks downtown tonight
did so far.
1. the dog i met last night got killed, so i disposed of the body. so i'm in kind of a shitty mood today, expect that.
when you need a body disposed of, i'm your guy.
2. 3 loads laundry.
3. moved the ti tent.
=
at the moment i am still waiting on my truck. i am very unhappy to see it back in the yard still notfixed. i took it to my tire ghuy for a reason.
=
6 pm. at starbucks.
trying to write a did list for the day
oops this is in the middle, i wanted to put it at the end.
bil;ling nbotes for july 4th. light day due to holiday. only worked 11 hours instead of 16.
5n am to 7 am. in bed writing.
7 am deal with dead dog. deal w emotions about dead dog. later, bill yelled at me about the dog.
3 loads laundry
lost my computer twice today, had danny help me look.
11:30 safety meetinjg.
12: met w cable guy. he says two weeks, need to rebury the line. asked for documentation, blame it on gupta.
1 pm we did a prelimnary walkthrough, estimating 27k damage to the house from the raain and thefts.
we now have video and an excel sprreadsheet, byut it will need further detail.
7:12 am. petey's extortionist came by. i told him to find petey for me. he did.
3 pm. we had a meeting - me danny rachel the boss and dc, about the for pete's sake foundation.
idea is , and pete's cool with this, is we raise a little money "for pete's sake" for dc's medical expenses and pete's work cleaning the park and washington street. so we wil;l learn how to set up a small charitable foundation. dc could be our kin hubbard brown county mr martin impersonator. so we use the kin hubbard images in our literatture.
so make a prospect list for who we pitch this to.
robbin stewart for township board vote tuesday campaign meeting didnt happen yet.
need posted rules for tobacco.
explained concept of monopoly money to michelle, b ut need more time on gthe detals.
aldi dumpster 4 pm, storage unit closed, needed to inventory to check on mark.
michelle has a trailer for 2k online. twice the size.
i want to do riley. in or she shoul;d set up an insiide visit.
it's sunny but raining heavily, mostly in my house. i wonder if there's a rainbow. i'll go check.
discussed rodney w my staff. we suspect he has ulterior motives.
bill yelled at me about the dog. we'll send him a bill for the 4 minutes, no 4 hour minimum, no minimum billable increment.
discussed the zay theft. possible zay theft, could be harley setting him up. gay negro 26, connected to s gladstone.
idea, stsatute of gladstone standing up to disraili. mayb e a mural.
bill's owner doesn't want to sell, he says. we'll see, but that's reasonable.
so we need to outresearch him.
where did i leave my cane ths time?
met ranger slayton around 5 pm.
paid petey $50. we shared water and shared coke. so we use coke for the stranger in a strasnge land water sharing ritual.
i'm starting to give more pushback. when they violate my smoking and dietary rules on the property.
i missed two loads of scrap today because the truck isnt fixed. the truck isn't fixed.
michelle has agreed we can go to a biker bar sometime.
so that's enough notes to wrap up the afternoon.
we want to shop for dresses. but nothing fancy, simple. she has taste.
she might be using that to put off the trip to meeting the prosecutor.
in should ask her to visit Eric or Jill with me as a witness. where they can ask anything they want about me, maybe not her.
dc still in offiice, still yelling about me. he'll figure it out. bright guy. did I mention I took down the tent?
so some of Michelle's clothes are in bags in the yard getting raining on. now 6:18, i'm done here. cut and paste to email.
so this iis the rough right away version, and maybe ii can better organize it later.
i owe rodney a pair of blue pliers with a hook on end. i was going to have him hold onto a ball peen hammer.
we can start getting them engraved, 1 per contractor.
petey agreed to bury the dog. we'll seee. rachel too. we'll see.
you have the van key. i do not. i need a vehicle to get my work done. we told that guy we were taking that fence, and it's very important to me, with a guy ;like that, that i do what i say i will do. it pisses me off when a first contact with a guy makes me look like i don't know what i am doing.
i need to sit down with you and explaiin the thing with the ducks and trucks. you dont seem to be getting it yet. i need to get my ducks in arow.
i would like to give you some negative feedback about your job performance, but only when we are both calm so it will be constructive.
otherwise i just bottle this stuff up. let's make a to do list for about a week, and then every day we go over it.
i need a daily email from you summarizing what we did and did not get done.
when i give you an envelope with $500, what i need is an email within 24 hours settiing out where that money wen t so we can keep our books.
it's is july 4th. are you ready to go over june's books?
i will go to the dollar store and get a bag of bags, so i can bag and tag cigarette butts.
danny showed up early, great attitude, gets stuff done.
you guys can use the truck to move the trailer. expect a lot of screaming from dc. but fix the tire first.
and fill out a pretrip inspection report for the truck. which needs a number. i gues si nwill go to the auto stoere and buy some numbers to put on the trucks.
when i was out getting the windows, some guys said they want to buy the van i said bring me a written offer.
do we have the title and keys ready to go?
this cold coffee at wendy's is pretty good, but i'm going to throw it away, i dont think i need caffiene today.
it's now around 8:30. i'll check the storage unit.m i can get justin if he needs a ride. he can work on electric and mechanic stuff.
i also have a task for him to meet the construction company across the street.
note to self: ride bike today.
you can have danny clean up trash around the auto parts lot and the alley - i am very unhappy when our mess aspills over to thee neighbors.
if justin wants to use a bobcat to smooth out the alley, i'll pay for the bobcat and his time, but find out how much the rental is first. can we borrow one? probably not. and i'd pay for a load of gravel as well if thsasat helps.
jordan - so we are going today? please also set up a jail visit for denise paul hatch. they may be holding her in seg and not let us see her, i'm not sure.
she's a friend and the center township constable, and they've been holding her for a month over minor stuff.
i figured out how we get jordan. we use him as the plaintiff in a civil rights action against the jal, and then we keep the money. if any.
so danny'ss gonna walk with me and the clipboard and i'll get thaat part started today, but i'
m not in the riight mood right now.
ok that's plenty for today.
please respond with your own list or at least an "ok".
in the next week part of what i need from nyou is:
resume
full criminal file
set up those appointments with jill/eric and that prosecutor lady. and go to them. if we have not accomplished this within 7 days, I may lay you off for a week.
let's consider having me rent a legal secretary from the legal secretary shop which is called barristers, for about 8 hours a week, to make sure my hours are being kept properly. I am probably expecting too much from you when you haven't even been trained yet. but when my billing isn't done every day, I lose the $470 in work I did that day, so there will be nothing for the envelopes.
but right now ii can absolutely pay people like Danny and Pete and maybe you. You are getting as lot done, but I need documentation, a daily email works well. you can use blogger or whatever.
I paid danny today to walk around with me to find my computer. took us about 5 minutes. I told him if we were still looking after an hour we would stop. I bring this up to say we need some airtags to help us find stuff.
can we verify if danny's electric bike is not hot? if he has good title, that's collateral.
ok, i'm leaving wendy's, dollar store, stop by home for a minute, put a load in, go to the storage unit,
maybe breakfast at steering or brad's.
have you read any of the cases in the links Brian sent you two weeks ago? if you have, we can spend 20 minutes, billabl;e, discussing it. I have not been hearing from Brian at all lately, which disappoints me.
but partly that's on me, I need to send him a bunch of these files and specific instructions on what to do.
this email is in lieu of an iternerary for today.
usually I write one on the back of an envelope and put it in my pocket for that day, so don't lose track.
I am far less effective when I don't have a plan. I just drive around picking up junk. are the scrapyards closed today?
so I have a water heater in the van, do we scrap it right away or save it for .. I think we save it for kelvin. can you look up if there's a kelvin in indy who does refrigerators? you'll get some false positives in that search.
is there anything we need to do with our insurance guy?
as to our personnel, we need file folders, and in the file folder go their timesheets, writeups, resumes, criminal history etc. maybe blue folders for people and red folders for cases, or something like that.
I need to get more organized on which of our people need what. I cannot keep that all in my head.
so please help me get my ducks in a row. i'm drowning here.
i've been reacting to things happening, but I need to free up a free day where I can start making moves of my own. in chess this is called tempo.
I'm not confident we'll get to the steer inn today, but if we do, what's our agenda?
if I don't get an answer I like I'll come up[ with one.
i will try to put in another half hour here catching up on some of my online work.
today i have to read the complaint from gupta. i wll probably be very upset for a while after that.
somebody pointed out that i can write a bunch of this stuff off my taxes. .
Tuesday, June 25, 2024
people resources we aren't fully tapping yet.
me
m.
justin - crew lead, mechanic
zz mark Elkins, same.
kevin scotty's friend
scotty mayhem. - california
jordan - in jail, hostile.
bj. online. videos, research.
John malfa. clean, rich, funny, not a warrior. translator.
Lt. Hilton U. Brown Jr, 1918,
the Prophet,
Tony. veteran? fakir? wheelchair. probably never show up.
Indy Legal Aid lady.
Jill and JLap
Adam.
do I have any old friends? check Facebook.
Denise Paul Hatch,
bob Kern.
any lawyers?
any badasses at the club?
gay Mafia? brother kc Foley. $14k.
Wednesday, June 19, 2024
In re State v Michelle Russell
Cause # 41 H 02 1711 CM 1990
Amicus letter to the Court requesting hearing.
Hello. My name is Robbin Stewart, IN 17147-53. I’m a mostly retired Indy lawyer trying to set up a fruit stand, turning one of my hobbies into a small business.
I interviewed a possible secretary. During our background check process, it turned out that she had a fta warrant in your county. As an officer of the court, I cannot and will not hire anyone with an open warrant. She is otherwise well qualified in many respects, although I remain concerned about some aspects, and her background check is continuing.
I have been told by the court no limited entry of appearance is needed. I told her I would stop by the courthouse, try to speak with the prosecutor, and see if they would agree, as a matter of professional courtesy, to agree to ask the court to recall the warrant, set the matter for a hearing, and either finalize the case or arrange a payment schedule. She declined, as is her right.
So I am now asking the court to lift the warrant, and set the matter for a hearing. I will plan to attend but not speak; I think she is represented by a public defender. If she owes money by the end of the hearing, I expect I will volunteer to be financially responsible for the debt.
I am unwilling to consider any arrangement that involves her going to jail in Johnson County, even overnight. Feel free to jail me if you need someone in jail. I would welcome the opportunity to more closely observe your jail conditions.
I am an old man, haven’t practiced in years, and do not know how to electroncally file or that sort of thing. I am submitting a second copy for distribution to the prosecutor, as well as I will email her a copy.
Respectfully Submitted,
Robbin Stewart.
gtbear@gmail.com PO Box 29164 Cumberland IN 46229Tuesday, June 18, 2024
so the general idea is prepare written motion asking for matter set for hearing, warrant lifted, fines reduced/eliminated.
complaints:
1. bob
2. prison conditions - female
3. sign rules
4. prison conditions - male. use ACLU template.
so the general idea is prepare written motion asking for matter set for hearing, warrant lifted, fines reduced/eliminated.
complaints:
1. bob
2. prison conditions - female
3. sign rules
4. prison conditions - male. use ACLU template.
5 i think i'm forgetting one. Michelle could sue about the bulldozers.
I will probably sleep instead of working on these now.
(B) Copy Service to Be Followed With Mail. Whenever service is made under Clause (3) or (4) of subdivision (A), the person making the service also shall send by first class mail, a copy of the summons and the complaint to the last known address of the person being served, and this fact shall be shown upon the return.
That broad definition means that any candidate, interest group, or individual citizen who distributes a list expressing support for multiple primary candidates without their written permission can be charged with a crime.
mulholland v Marion county election board.
Lock Up Extended Stay: Wabash Valley
44 Blue Productions/MSNBC
The prison documentary series Lock Up Extended Stay, filmed at the Wabash Valley Correctional Facility, follows offenders housed at the maximum security facility in Carlisle, IN as they attend disciplinary hearings, receive visits from family, and interact with other inmates. The Wabash Valley Correctional Facility houses more than 2,000 convicted felons including some of the highest security prisoners in the state. It is a fortress among farms. A crew from 44 Blue spent months inside speaking with offenders and staff. MSNBC’s Lockup Extended Stay explores some of the country's most dangerous maximum-security prisons throughout the United States, profiling notable inmates, incidents, and prison operations. The first of six episodes for MSNBC Lockup: Extended Stay Wabash Valley aired on Saturday, November 26, 2011 at 10:00 P.M. EST. The series continued for five more consecutive Saturdays finishing on December 31, 2011.
http://www.msnbc.msn.com/id/27118605/
Ogden v. Marendt, 264 F.Supp.2d 785 (S.D.Ind.2003). Applying strict scrutiny, Judge Tinder found that the statute was not narrowly tailored to advance the state's legitimate interests in preventing campaign fraud or maintaining the stability of the two-party system.
Soon after the injunction was issued, the parties settled. The court approved a final judgment in which all sides stipulated that the statute “is declared facially unconstitutional,” and the court enjoined the Election Board from enforcing it against the plaintiffs.
Quasi-criminal actions include:
- A violation of law, offense, or ordinance, especially a motor vehicle law, parking ticket, or traffic ticket.[5][7][8][9][10]
- Psychiatric matters, such as civil confinement, mental hygiene commitments, and similar proceedings.[11]
- Regulatory offenses, such as health department violations,
Tuesday plan
roofers.
white van???
Jordan problem?
look up dc's case. Miami or Wabash? go to iclu office
greenwood 2 pm. donuts.
Franklin 4 pm.
wed noon zoom.
Thursday Michigan.
Monday did didn't June 17, one month after the battle.
paid mark (#100)
paid roofer $100, owe $300
jordan $20 on a side bet.
tall white dude $20
did not make it to the Franklin jail/Johnson county
came home with full van. stop 18 kroger.
brian leaving, too much chaos, but he will work remotely. he made a good list of cases for me to go thru.
coffee $10
dollar store $20
so i'm broke for now.
the tetanus shit $85 at Walgreens clinic they weren't t open.
used a wheelchair. hard.
baseball bat incident
oh I found 5 buckets of yogurt, like 25 pounds.
older black dude I met 2nd help might stop by.
This brief (and unclear) reference to the violation of the identification requirement does not show a true exercise of discretion. See Vt. Nat'l Bank v. Clark, 156 Vt. 143, 145, 588 A.2d 621, 622 (1991) (a trial court's "with[olding] its discretion entirely" is an abuse of discretion). Nor does the difficulty of calculating a penalty mean that no penalty can be awarded.
Inmates say they are kept in constant darkness at Miami Correctional Facility
Johnny MagdalenoIndianapolis Star
Monday, June 17, 2024
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION JERRY COPELAND, JOHN WHITT, ) and JAMES DUTTON, ) on behalf of themselves and a class ) of those similarly situated, ) ) Plaintiffs, ) ) v. ) No. 3:20-cv-154 ) WABASH COUNTY, INDIANA; and the ) WABASH COUNTY SHERIFF, in his official ) capacity, ) ) COMPLAINT – CLASS ACTION Defendants. ) CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introduction 1. The Wabash County Jail (“the Jail”) is old, overcrowded, and understaffed, and as a result it is a place where violence between prisoners is common and dangerous conditions prevail. The conditions in the Jail therefore violate the Eighth and Fourteenth Amendments to the United States Constitution. Declaratory and injunctive relief should be issued to address and remedy the Jail’s systemic problems. Jurisdiction, venue, and cause of action 2. This Court has jurisdiction of this case pursuant to 28 U.S.C. §§ 1331 and 1343. 3. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391. 4. Declaratory relief is authorized by 28 U.S.C. §§ 2201, 2202, and by Rule 57 of the Federal Rules of Civil Procedure. 5. This action is brought pursuant to 42 U.S.C. § 1983 to redress the deprivation, under color USDC IN/ND case 3:20-cv-00154 document 1 filed 02/19/20 page 1 of 11 [2] of state law, of rights secured by the United States Constitution.
Southern District
John Doe 1 2 and 3
on behalf of themselves and a class )
of those similarly situated, )
)
Plaintiffs, ) )
v. ) No. ----------
Johnson County and Bob.
Introduction:
Jane Doe is attempting to quash a warrant and set her case for a hearing.
She sent her counsel to make a request for this, either as a matter of professional courtesy to counsel, which was refused, or by court order. The court ruled it was too busy to entertain an oral motion, and may have suggested a written motion. This was reasonable, and the court has wide discretion.
At the entrance to the courtroom was a security desk staffed by Bob. At first Bob was friendly and helpful, and by the end he was again, but there was a middle period where he was screaming, pointing his finger and such. I occasionally trigger that sort of reaction from civil servants, and was unphased. He stated, twice, "You're not a lawyer!". I pointed out to Bob that this was defamatory. The prosecutor confirmed that I am indeed a lawyer, and Bob settled down. There may or may not have existed a video of the incident. If so, retain it; destruction of the file would be a separate tort. ______.
The specifics of what made him flip out were that when he told me I could not bring in my laptop or my phone, I responded by asking for a copy of the court order establishing the policy. Instead of responding civilly to a reasonable and legal request, he became unhinged. He did not assault or physically threaten me, but he seemed armed and dangerous, and impeded my path to the courtroom.
But as I told him, this sounds like defamation. I personally do not choose to sue Bob for defamation.
My client, on the other hand, has no good reason not to. Under Article I section 12, she has a right to open courts. This was violated by Bob's temper tantrum.
The law does not strain at a gnat, and normally I do not sue when merely defamed. Here the point is to show the prosecutor that actions have consequences, and if she chooses, as she is free to do, to fail to extend professional courtesy, I am in the process of joining the Johnson County bar association and will be filing lawsuits on a monthly basis until she gets the point. Some will be big and major, seeking to expose widespread corruption, while others are small and petty, such as this one.
Parties:
Jane Doe is a former inmate of Johnson County. She has served her sentence of _ days. She has paid thousands in costs and fees. She has been homeless and broke. She is unwilling to go into Johnson County, much less ever be locked up there. When she began to describe conditions there, I wondered if she were paranoid or histrionic or exagerating but later I met Bob, screaming to me, lying about me to his cowurkers, in full public view.
During law school 30 years ago, I participated in a clinic for battered women. Many of the symptoms are present in her case. I also grew up in a violent home.
I am not seeking to re-open her case, and I do not practice any criminal law. I had been expecting her to get in touch with her public defender to be represented at the hearing I requested. But at a quick glance it appears she was a used a drug mule, was afraid to testify, and was overcharged in retaliation for using her 5th amendment rights. Classic blaming the victim, an outdated policy that promotes trafficking and exploitation of women. A competent and ethical prosecutor should be aware that there is no proof beyond a reasonable doubt as to her mental state, other than her coerced plea agreement. Her crime was a status offense, and there was I think no allegation of a victim other than herself.
Some prosecutors take the high road, and decline to take cases lacking the reasonable doubt standard. Others, aware that prosecutorial immunity protects a wide range of conduct, use probable cause to put someone in jail, which is an inherently coercive structure,
It does not appear that she was effectively represented, in that she pled to the same offense she was charged with, and received an unusually harsh sentence. It is now ironic that the outstanding balance the state refuses to let her pay is largely for the fees for that possibly ineffective counsel. However, I had Doe little more than skim the docket, anbd it may have been less simple.
In the several years since she was locked up without a trial, much has changed in indiana law. In Timbs v. Indiana, the Supreme Court for the first time incorporated the excessive fine clause. Now, fines or fees must be reasonable. When, as here, the fines are an undue burden, they violate the letter and spirit of Timbs. It is within the court's discretion to dismiss these fines, and I so move.
Now,
WABASH COUNTY, INDIANA; and the )
WABASH COUNTY SHERIFF, in his official )
capacity, )
)
COMPLAINT – CLASS ACTION Defendants. ) CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
Lawsuits: Inmates forced into cells flooded with sewage, smeared with feces
Oct. 13—BUNKER HILL — Five more inmates are suing Miami Correctional Facility alleging they were subjected to cruel and unusual punishment, including being forced to stay in a dark cell flooded ankle-deep with sewage water.
Twenty-one inmates are now suing the facility for the living conditions inside the restrictive housing units.
The lawsuits have all been filed by the American Civil Liberties Union of Indiana on behalf of the inmates. Six lawsuits were initially filed in July, with new complaints coming over the next three months.
Nearly all the prisoners allege they were forced to live in darkness for sometimes months because the prison never fixed broken light fixtures and replaced broken windows with sheet metal, blocking light from the cell.
Inmate Kenneth Duckwall said in his filing that he was placed in one of the units after being stabbed in the head and leg by another inmate, which required numerous staples to close the wound.
Duckwall said he was placed in the cell with another prisoner who attempted to assault him. The rooms are meant to only hold one inmate. After five days, he was moved to another isolation unit that had a non-operational light.
Two weeks later, Duckwall said he was moved to another cell in which the floor was covered ankle-deep with sewage water. This remained for a week, and he was not given adequate supplies to clean it up, according to the lawsuit.
Duckwall said he had to rip open his mattress to try to mop up the water. He was then charged for destroying the mattress, according to the complaint.
Inmate Mustafa Nur said in his filing he was placed in a cell with broken glass covering the floor. The room remained extremely dark at all times.
The complaint says the room was filthy, with feces from another prisoner smeared on the wall, bed and floor. Nur said he requested cleaning supplies, but they were not given to him for weeks, forcing him to remain in a "dark, grossly unhygienic cell."
Nur said he became extremely distraught and disoriented in the constant darkness, and had trouble sleeping. He began to hallucinate that there were bugs crawling on his blanket and skin, according to the lawsuit.
Inmate Evan Sapp said he was placed into a cell that had a window covered by metal and had a gutted light fixture. Live wires hung from the ceiling that shocked him. He was placed in the dark cell for more than 40 days, according to his complaint.
The lawsuits say placing a person in prolonged, isolated darkness for an extended period is a form of torture.
According to the filing, the warden and deputy warden at the prison continuously ignored the men's claims and acted maliciously or with reckless disregard toward the inmates.
The lawsuits assert that prison officials violated the plaintiffs' Eighth Amendment rights and are liable for compensatory and punitive damages.
Kenneth Falk, legal director of the ACLU of Indiana, said stories continue to emerge from the prion's restrictive housing unit that "shock the conscience and violate the Constitution."
"In case after case, prison officials subjected these men to brutal conditions no human being should ever experience — knowing full well the pain and trauma they were inflicting," he said.
The Indiana Department of Correction said in an email it does not comment on active litigation.
Carson Gerber can be reached at 765-854-6739, carson.gerber@kokomotribune.com or on Twitter @carsongerber1.
Sullivan v. Hyatte (Filed 8/21)
Sullivan v. Hyatte et al
| Dustin Sullivan |
| Warden William Hyatte, Deputy Warden George Payne, Jr., William Hyatte and George Payne, Jr |
| 3:2021cv00640 |
| August 27, 2021 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Robert L Miller |
| Prison Conditions |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
RSS Track this DocketThis docket was last retrieved on August 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
 Filing 9 NOTICE by Dustin Sullivan of Filing of Motion to Consolidate (Falk, Kenneth) |
| Filing 8 ORDER. In consideration of workload and the speedy administration of justice, and pursuant to N.D. Ind. L.R. 40-1(f)(1), the Clerk is hereby directed to reassign the case from Judge Damon R. Leichty to Judge Robert L. Miller, Jr.as the presider for all further proceedings. This Order does not change the magistrate judge assignment or any previously scheduled deadlines. Signed by Chief Judge Jon E DeGuilio on 10/18/2021. (jss) |
| Filing 7 DEFENDANTS ANSWER to #1 Complaint DEMAND FOR JURY TRIAL, AND STATEMENT OF AFFIRMATIVE DEFENSES by William Hyatte, George Payne, Jr.(Goldsmith, Matthew) |
| Filing 6 SUMMONS Returned Executed by Dustin Sullivan. George Payne, Jr served on 9/3/2021, answer due 9/24/2021. (Falk, Kenneth) |
| Filing 5 SUMMONS Returned Executed by Dustin Sullivan. William Hyatte served on 9/3/2021, answer due 9/24/2021. (Falk, Kenneth) |
| Filing 4 Summons Issued as to William Hyatte, George Payne, Jr. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (bas) |
| Judge Damon R Leichty and Magistrate Judge Michael G Gotsch, Sr added. (NEW CASE) (bas) |
| Filing 3 NOTICE of Appearance by Stevie J Pactor on behalf of Dustin Sullivan (Pactor, Stevie) |
| Filing 2 NOTICE of Appearance by Kenneth J Falk on behalf of Dustin Sullivan (Falk, Kenneth) |
| Filing 1 COMPLAINT against William Hyatte and George Payne, Jr ( Filing fee $ 402 receipt number 0755-4669557.), filed by Dustin Sullivan. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Falk, Kenneth) Modified on 8/30/2021 (bas). |
Wednesday, June 12, 2024
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