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Monday, May 19, 2008

Ind. Courts - "Lawsuits dismissed as fast as inmates can file them"

Joe Carlson reports today in the NWI Times in a story that begins:

Though nearly all of them fail, new civil rights lawsuits against the Lake and Porter county jails continue to flow into the courts.

Federal judges are being asked to investigate the gritty minutia of jail life, everything from whether poor prisoners should be given tooth brushes to whether it's unconstitutional to make inmates sleep in their own bodily filth.

Just this week, a group of four inmates with Chicago lawyers filed a class-action lawsuit against the Lake County Jail, claiming they're exposed to each other's vomit, blood and excrement because of drug withdrawals, fights and inadequate toilet facilities in overcrowded holding cells.

It remains to be seen whether this latest lawsuit will fare differently than the dozens that came before it.

Since August, inmates at the Lake and Porter county jails have filed a total of 39 lawsuits against jailors in U.S. District Court in Hammond.

A Times review of all of the lawsuits found that most have failed. Twenty-six have been tossed out of court for various reasons, from failing to pay the filing fees to inability to show inmates suffered any actual harm.

Of the 13 suits still pending, 11 are waiting for the counties to file answers to the claims or for judges to rule on the counties' answers.

Just two of the 39 have received a judge's approval to move into actual litigation.

Unlike most typical civil lawsuits, cases from inmates are reviewed by judges before advancing to even initial stages, weeding out those deemed to be frivolous or not in compliance with basic standards.

Both of the cases that survived the judges' initial reviews are against the Lake County Jail.

Posted by Marcia Oddi on May 19, 2008 08:43 AM
Posted to Ind Fed D.Ct. Decisions | Indiana Courts