INDIANA PROTECTION AND ADVOCACY SERVICES COMMISSION v. COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION

Filing 262

Entry Discussing Motion filed by Leroy Jeffers: For the reasons explained above, therefore, Mr. Jeffers is not entitled to the relief sought in his motion to commute sentence, and that motion 249 is denied ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge Tanya Walton Pratt on 10/31/2011. (DW)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

INDIANA PROTECTION AND
)
ADVOCACY SERVICES COMMISSION, et al., )
)
Plaintiffs,
)
v.
)
)
COMMISSIONER, INDIANA DEPARTMENT )
OF CORRECTION,
)
)
Defendant.
)

No. 1:08-CV-1317-TWP-MJD

Entry Discussing Motion filed by Leroy Jeffers
The motion to commute sentence of Indiana inmate Leroy Jeffers filed on
September 30, 2011, has been considered.
Mr. Jeffers may or may not be a member of the plaintiff-class. Assuming for the
present that he is, however, his motion to commute his sentence from an Indiana state
court does not establish that he is entitled to relief. More specifically, he alleges in his
motion that the particular circumstances of his confinement violate the Eighth
Amendment’s proscription against the imposition of cruel and unusual punishment and
that Indiana is unable to care for his myriad physical and mental health needs.
It would be exceptional for a federal court to determine that release of a state
inmate is compelled by the circumstances of his confinement. It has occurred recently,
as the parties are aware, in Brown v. Plata, 131 S. Ct. 1910, 1930-31 (2011)(confirming
that injunctive relief may be instituted only as “necessary to correct a current and
ongoing violation” (citing 18 U.S.C. § 3626), but the court has not concluded that there
is a constitutional violation associated with the plaintiffs’ claims and has not ordered any

particular relief, much less that specific inmates or that inmates with particular profiles
be released. Such an order, moreover, would not negate or modify an inmate’s
sentence.
For the reasons explained above, therefore, Mr. Jeffers is not entitled to the relief
sought in his motion to commute sentence, and that motion [Dkt. 249] is denied.

IT IS SO ORDERED.
10/31/2011
Date: ___________________

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Distribution:
David A. Arthur
[e-mail]

Gavin Minor Rose
[e-mail]

Thomas D. Quigley
[e-mail]

Jan P. Mensz
[e-mail]

Wade J. Hornbacher
[e-mail]

David Ross Smith
[e-mail]

Karen T. Davis
[e-mail]

Leroy R Jeffers
DOC #28668
New Castle Correctional Facility - Box E
1000 Van Nuys Road
PO Box E
New Castle, IN 47362

Kenneth J. Falk
[e-mail]