HUERTA v. EWING et al

Filing 46

MINUTE ORDER for proceedings held before Judge Jane Magnus-Stinson: On May 17, 2017, the Court held a hearing on the parties' Joint Motion to Approve Joint Stipulation and Class Certification, [Filing No. 37 ]. Plaintiffs were present by co unsel Michael Sutherlin. Defendant Sheriff Greg Ewing was present in person and by counsel Craig McKee, David Friedrich, and Michael Wright. The remaining Defendants were present by counsel David Friedrich and Michael Wright. The court reporter wa s Jean Knepley. The Court DENIES IN PART WITH EXPLANATION the Joint Motion to Approve Stipulation and Class Certification to the extent it requests approval of the Joint Stipulation. [Filing No. 37 ] The Court, therefore, ACCEPTS the Proposed Join t Stipulation, [Filing No. 44 ] The Court GRANTS IN PART the Joint Motion to Approve Joint Stipulation and Class Certification, [Filing No. 37 ], to the extent that it seeks class certification, and likewise GRANTS Plaintiffs' Motion for Cla ss Certification, [Filing No. 10 ]. The joint stipulation filed on March 27, 2017 [Filing No. 36 ] is WITHDRAWN. Plaintiffs' Motion for Preliminary Injunction, [Filing No. 12 ], remains pending. (SEE ORDER FOR MORE DETAILS.) Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley.) (Attachments: # 1 Class Notice)(MRI)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
JAUSTON HUERTA, THOMAS BOLTON, JR.,
CURTIS GILLIE, CARL SHERB, DEREK HICKS,
and DURAND RANDLE,
Plaintiffs,
vs.
GREG EWING, ET AL.,
Defendants.

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2:16-cv-00397-JMS-DKL

EXHIBIT 1 – CLASS NOTICE
Several claims in this case have been certified as a class action lawsuit. The class is defined
as:
All inmates in the care and custody of Vigo County, Indiana from October 13,
2016 to the present, including the current and future inmates who are or will
be incarcerated in the Vigo County Jail and all current and future individuals
who were transported to other county jails as a result of the overcrowding in
the Vigo County Jail.
The parties have agreed on a Stipulation that provides a timeline for the selection of a new
jail site, commencement of construction, and completion of the jail. In the meantime, the Sheriff
has a duty to maintain and operate a jail that meets the requirements of state and federal law. These
requirements may necessitate relocation of detainees and inmates to other county jails with adequate space. Your rights to meet with your attorney, whether a public defender or one retained by
you, are not impacted by your relocation to another county and you should be allowed to meet
with counsel and prepare your defense to criminal charges regardless of where you are detained.
Counsel for the Plaintiff Class will monitor the actions of the Vigo County Officials, who
are committed to building a new jail facility. As a member of the class, you are entitled to know
the status of the case. Plaintiffs’ counsel will from time to time issue a Status Report.
The attorneys for the Plaintiff Class will be paid fees and costs by the Defendants. That
amount has not been determined.
This class action does not entitle you to any damages merely because you are a member of
the class or merely because you have been in the Vigo County Jail on or after October 13, 2016.
The claim that has been certified for the class does not include any claim for personal injury of
any of the class members. You may contact your attorney if you believe you have suffered individual harm while detained or incarcerated at the Vigo County Jail. There is a two-year statute of

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limitations from the date of your injury and if you consider the action of the jail officers to be
negligence, you must file a Tort Claim Notice within 180 days of the date your injury occurred.
You may contact the class counsel in this matter at the following address:
Michael K. Sutherlin
Michael K. Sutherlin and Associates
P.O. Box 441095
Indianapolis, IN 46244-1095

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