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Thursday, February 04, 2010

Ind. Decisions - One Indiana decision today from 7th Circuit

In Olson v. Brown (ND Ind., Sharp), a 14-page opinion, Judge Flaum writes:

A putative class of plaintiffs, represented by Mark Olson, filed a complaint against the Sheriff of Tippecanoe County, Tracy Brown, alleging several First Amendment violations and violations of Indiana law in the Tippecanoe County Jail. Olson filed for class certification at the same time he filed the complaint. Shortly after Olson filed the complaint and motion for class certification, the Indiana Department of Correction transferred him out of Tippecanoe County Jail. Because the transfer took place before class certification, the district court dismissed the suit as moot. Olson appeals the dismissal on the ground that this case is inherently transitory for any possible named plaintiff and therefore falls within the exception to the mootness doctrine announced in Gerstein v. Pugh, 420 U.S. 103 (1975). We find that this case fits within the exception to the mootness doctrine carved out for inherently transitory cases and therefore we reverse the district court’s dismissal.

Posted by Marcia Oddi on February 4, 2010 01:57 PM
Posted to Ind. (7th Cir.) Decisions