OLMSTEAD v. CORRECTIONS CORPORATION OF AMERICA et al

Filing 35

ORDER denying 29 Motion to Certify Question to Indiana Supreme Court. Signed by Judge David Frank Hamilton on 10/17/2008. c/m. (LBK)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JODY OLMSTEAD, Plaintiff, v. CCA OF TENNESSEE, LLC d/b/a CORRECTIONS CORPORATION OF AMERICA, WARDEN JEFF CONWAY, UNKNOWN CCA MAINTENANCE STAFF, UNKNOWN CCA MEDICAL STAFF and MARION COUNTY SHERIFF FRANK ANDERSON, Defendants. ) ) ) ) ) CASE NO. 1:08-cv-0029-DFH-JMS ) ) ) ) ) ) ) ) ) )

ENTRY ON PLAINTIFF'S MOTION TO CERTIFY STATE LAW QUESTION Plaintiff Jody Olmstead moves the court to certify the following question to the Indiana Supreme Court: May a private jail company, such as CCA adopt and enforce an inmate grievance policy that does not comply with Indiana law, in particular 210 IAC 3-1-15(h)? Upon presentation of a nearly identical brief in support of a motion to certify an identical question in Kress et al v. CCA of Tennessee, LLC et al., case no. 1:08-cv00431-DFH-TAB, the court denied certification by separate entry today. For the reasons set forth in that entry, Olmstead's motion to certify is also denied. So ordered.

Date: October 17, 2008

____________________________________ DAVID F. HAMILTON, CHIEF JUDGE United States District Court Southern District of Indiana

Copies to: William A. Hahn BARNES & THORNBURG LLP [e-mail], [e-mail] Adam Lenkowsky ROBERTS & BISHOP [e-mail], [e-mail], [e-mail] Jonathan Lamont Mayes CITY OF INDIANAPOLIS, OFFICE OF CORPORATION COUNSEL [e-mail] Paul K. Ogden ROBERTS & BISHOP [e-mail] Michael Rosiello BARNES & THORNBURG LLP [e-mail]

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