Case: Myatt v. Fries

1:10-cv-00064 | U.S. District Court for the Northern District of Indiana

Filed Date: Feb. 26, 2010

Closed Date: June 27, 2017

Clearinghouse coding complete

Case Summary

This class action was brought against the Allen County Sheriff, headquartered in Fort Wayne, IN, for failure to bring people arrested on the weekends for their probable cause hearing determination within 48 hours of arrest. The named plaintiff was arrested without a warrant on September 18, 2009, a Friday night, and was not taken for her probable cause hearing until September, 21, 2009, the following Monday morning. The plaintiff filed a class action complaint in the District Court for the Nort…

This class action was brought against the Allen County Sheriff, headquartered in Fort Wayne, IN, for failure to bring people arrested on the weekends for their probable cause hearing determination within 48 hours of arrest. The named plaintiff was arrested without a warrant on September 18, 2009, a Friday night, and was not taken for her probable cause hearing until September, 21, 2009, the following Monday morning. The plaintiff filed a class action complaint in the District Court for the Northern District of Indiana against the Allen County Sheriff. The putative class included all people arrested between Friday morning and Saturday mornings, or on court holidays, from February 29, 2008 to March 20, 2010. The case was assigned to Judge Theresa Springmann.

The plaintiff alleged that the sheriff had a policy of keeping people arrested on Friday or Saturday in jail without a probable cause hearing until Monday, in violation of the right to a probable cause hearing within 48 hours under the Supreme Court cases Gerstein v. Pugh and County of Riverside v. McLaughlin. She also alleged that the sheriff failed to train correctional officers to bring people to their hearings on time. The plaintiff brought her claim under 42 U.S.C. § 1983, alleging a violation of her rights under the Fourth and Fourteenth Amendments, namely unlawful seizure and due process. She sought compensatory damages, declatory judgment or final injunctive relief, and attorneys' fees and costs.

On June 25, 2010 the court certified the plaintiff class, finding it met the requirements of Rule 23. 2010 WL 2608329. (Later, on May 11, 2011, upon joint stipulation, the class was finalized to include all “individuals arrested without a warrant and booked into the Allen County Jail between 5:00 a.m. on Friday and 9:00 a.m. on Saturday between the dates of February 29, 2008, and March 20, 2010, inclusive, as well as any additional class members who exist due to court holidays.”)

After going through discovery and one month of negotiations, on January 21, 2011, the parties submitted a consent decree in which the defendant admitted liability for the constitutional violations. The consent decree resolved the injunctive relief issues, leaving both damages and attorneys’ fees unresolved. The parties agreed that beginning March 27, 2011, the sheriff would ensure all people arrested receive a probable cause determination within 48 hours and if not, they must be released. The decree stated that the changes were “court-ordered” but did not specify a method of court enforcement, though the policy required reporting failures to comply to Internal Affairs. The consent decree was set to last indefinitely, with no end date listed. The parties agreed the plaintiff prevailed and that they would continue to discuss the issues of notice to class members and damages.

As for damages, the parties disagreed about what class members should be allowed to seek special damages and whether the jury should be allowed to consider evidence that most class members got time-served credit for the time spent in jail before their probable cause hearings. The parties attempted mediation to resolve the issue, but that was unsuccessful. So, the parties submitted these disagreements to the court on November 30, 2012. On July 17, 2013, the court issued an order 1) denying plaintiff’s request to decertify the class so that all class members could seek special damages, finding that only the 32 class members who submitted the requisite claim form on time could present evidence for special damages, and 2) denying defendant’s request to present evidence that class members received time-served credit. 2013 WL 3776480.

After a failed attempt to settle the issue of damages for the general class members, the case went to trial from January 13 to January 20, 2015. The jury found that class members over-detained should receive varying amounts of compensation, ranging from $200 for over-detention between 0-12 hours to $1,100 for people over-detained beyond 48 hours. The parties then moved on to figuring out post-verdict issues including attorneys’ fees, payouts for awards, and damages for the special damage members, all of which was not part of the trial.

On March 13, 2015, the plaintiffs moved for attorneys’ fees. On October 23, 2015, the court awarded $271,355 in plaintiffs' attorneys' fees along with $2,186 in costs to class counsel. On April 29, 2016, class counsel was awarded another $40,409 in attorneys' fees and costs for additional charges incurred.

After the trial and attorneys' costs determination, the parties still needed to resolve the question of damages for the special damage plaintiffs who were not included in the trial. Most of these plaintiffs settled their claims individually with the defendant through mediation. Those that did not participate in mediation got nominal damages. The defendant then began to issue the payouts and on December 28, 2015, satisfaction of judgment was entered in favor of the plaintiff.

After dealing with one outstanding special damage plaintiff, the court ordered the case closed as of June 27, 2017. The court instructed the plaintiffs to file an annual status report as to the distribution of funds to claimants. The plaintiffs submitted a status report on May 3, 2018, presumably stating that the distribution was complete. There has been no action in the case since then.

Summary Authors

Sarah Marble (2/17/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4617062/parties/myatt-v-fries/


Judge(s)

Springmann, Theresa Lazar (Indiana)

Documents in the Clearinghouse

Documents in this case
1

1:10-cv-00064

Complaint-Class Action

Myatt v. Allen County Sheriff Ken Fries

Feb. 26, 2010

Feb. 26, 2010

Complaint
20

1:10-cv-00064

Opinion and Order

Myatt v. Allen County Sheriff Ken Fries

June 25, 2010

June 25, 2010

Order/Opinion

2010 WL 2608329

29

1:10-cv-00064

Consent Decree

Myatt v. Allen County Sheriff Ken Fries

Jan. 21, 2011

Jan. 21, 2011

Settlement Agreement
39

1:10-cv-00064

Order and Opinion

Myatt v. Allen County Sheriff Ken Fries

May 11, 2011

May 11, 2011

Order/Opinion

2011 WL 1793262

74

1:10-cv-00064

Opinion and Order

July 17, 2013

July 17, 2013

Order/Opinion

2013 WL 3776480

86

1:10-cv-00064

Opinion and Order

Myatt v. Allen County Sheriff Ken Fries

Oct. 17, 2013

Oct. 17, 2013

Order/Opinion
158

1:10-cv-00064

Verdict Form 3

Myatt v. Allen County Sheriff David J. Gladieux

Jan. 20, 2015

Jan. 20, 2015

Other
185

1:10-cv-00064

Opinion and Order

Myatt v. Gladieux

Oct. 23, 2015

Oct. 23, 2015

Order/Opinion

2015 WL 6455387

189

1:10-cv-00064

Order

Myatt v. Gladieux

Nov. 5, 2015

Nov. 5, 2015

Order/Opinion
213

1:10-cv-00064

Opinion and Order

Myatt v. Gladieux

March 7, 2017

March 7, 2017

Order/Opinion

2017 WL 894476

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4617062/myatt-v-fries/

Last updated April 16, 2026, 5:19 a.m.

ECF Number Date Description Link
1 Feb. 26, 2010

COMPLAINT against Ken Fries (Filing Fee: $350.00; Receipt #158451) filed by Letasha Myatt. (Attachments: # 1 Civil Cover Sheet).(cer) (Entered: 03/01/2010)

Clearinghouse
2 March 1, 2010

NOTICE of Appearance by Ilene M Smith, Christopher C Myers on behalf of Letasha Myatt. (cer) (Entered: 03/01/2010)

RECAP
3 March 1, 2010

Summons Issued as to Ken Fries. (cer) (Entered: 03/01/2010)

RECAP
4 March 2, 2010

MOTION to Certify Class (Motion for Determination of Maintenance of Claim as a Class Action) by Plaintiff LeTasha Myatt. (Myers, Christopher) (Entered: 03/02/2010)

RECAP
5 March 2, 2010

BRIEF in Support of 4 MOTION to Certify Class (Motion for Determination of Maintenance of Claim as a Class Action) filed by LeTasha Myatt. (Myers, Christopher) (Entered: 03/02/2010)

RECAP
6 March 9, 2010

SUMMONS Returned Executed by LeTasha Myatt. Ken Fries served on 3/9/2010, answer due 3/30/2010. (Myers, Christopher) (Entered: 03/09/2010)

RECAP
7 March 18, 2010

NOTICE of Appearance by J Spencer Feighner on behalf of Ken Fries (Feighner, J) (Entered: 03/18/2010)

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8 March 18, 2010

NOTICE of Appearance by John O Feighner on behalf of Ken Fries (Feighner, John) (Entered: 03/18/2010)

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9 March 18, 2010

AGREED NOTICE to extend time to file answer filed by Ken Fries ; answer due by April 15, 2010. (Feighner, John) (Entered: 03/18/2010)

RECAP
10 March 18, 2010

NOTICE of Hearing: Rule 16 Preliminary Pretrial Conference set for 5/14/2010 09:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. (lrm) (Entered: 03/18/2010)

RECAP
11 March 18, 2010

MAGISTRATE JUDGE CONSENT FORMS sent to all parties (Standard Track). (lrm) (Entered: 03/18/2010)

RECAP
12 April 15, 2010

ANSWER to 1 Complaint Affirmative Defenses and Jury Demand by Ken Fries.(Feighner, John) (Entered: 04/15/2010)

RECAP
13 April 26, 2010

REPORT of Rule 26(f) Planning Meeting. (Feighner, John) (Entered: 04/26/2010)

RECAP
14 April 26, 2010

CERTIFICATE of attorney and plaintiff regarding ADR, costs, and fees. (Myers, Christopher) (Entered: 04/26/2010)

RECAP
15 May 14, 2010

RULE 16 TELEPHONIC PRELIMINARY PRETRIAL CONFERENCE held on 5/14/2010 before Magistrate Judge Roger B Cosbey. Pla appeared by Atty Christopher C. Myers. Dft appeared by Attys John O. Feighner and J. Spencer Feighner, and Captain Rayle, Allen Co. Sheriff's Dept. The 13 Report of the Parties Planning Meeting is approved in all respects (except dispositive motions deadline and establishment of a trial date) and is hereby made an ORDER of the Court. The Summary Judgment deadline in Fed.R.Civ.P. 56(c)(1)(A) SHALL NOT control. Any dispositive motion SHALL brief out in accordance with L.R. 56.1. DISCOVERY DEADLINE IS 9/30/2010. Following the close of discovery, unless otherwise ordered by the court, the assigned District Judge will establish all further deadlines and dates. John Whiteleather appointed as mediator. Atty Myers to notify mediator by letter, copy to all Counsel. Results of the mediation shall be filed with the court no later than 10 days before the final pretrial conference. Dft's Response to Pla's 4 Motion to Certify Class to be filed by 6/14/2010 Pla's Reply to be filed by 7/1/2010. Scheduling Conference set for 10/15/2010 09:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. Magistrate Consent forms due by 6/3/2010. (Tape #CD 158.) (mr) (Entered: 05/14/2010)

RECAP
16 May 28, 2010

MOTION for Extension of Time to Complete Discovery Requests From Plaintiff by Defendant Ken Fries. (Attachments: # 1 Exhibit A)(Feighner, John) (Entered: 05/28/2010)

RECAP
17 May 28, 2010

ORDER GRANTING 16 Motion for Extension of Time to respond to discovery until 6/30/10. Signed by Magistrate Judge Roger B Cosbey on 5/28/10. (jcp) (Entered: 05/28/2010)

RECAP
18 June 14, 2010

RESPONSE to Motion re 4 MOTION to Certify Class (Motion for Determination of Maintenance of Claim as a Class Action) filed by Ken Fries. (Attachments: # 1 Exhibit A)(Feighner, J) (Entered: 06/14/2010)

RECAP
19 June 21, 2010

REPLY to Response to Motion re 4 MOTION to Certify Class (Motion for Determination of Maintenance of Claim as a Class Action) filed by LeTasha Myatt. (Attachments: # 1 Application of Class Counsel)(Myers, Christopher) (Entered: 06/21/2010)

RECAP
20 June 25, 2010

OPINION AND ORDER granting in part and denying in part 4 Motion to Certify Class; The Court ORDERS that the class be certified as follows: individuals arrested without a warrant and booked into the Allen County Jail between 9:00 a.m. on Friday and 9:00 a.m. on Saturday between the dates of February 29, 2008, and March 20, 2010, inclusive, as well as any additional class members who exist due to court holidays observed by the Allen County Superior Court and the Allen County Circuit Court during the time period of February 29, 2008, and March 20, 2010. Signed by Judge Theresa L Springmann on 6/25/10. (lrm)

Clearinghouse
21 Sept. 30, 2010

Joint MOTION for Discovery, MOTION for Extension of Time to Complete Discovery by Defendant Ken Fries. (Feighner, J) (Entered: 09/30/2010)

RECAP
22 Oct. 1, 2010

ORDER GRANTING 21 MOTION (Joint) for Extension of Time to Complete Discovery by Defendant Ken Fries. The parties are GRANTED until 11/15/2010 to complete discovery regarding the issue of whether the action should be certified as a class action. Signed by Magistrate Judge Roger B Cosbey on 10/1/10. (cer) (Entered: 10/01/2010)

RECAP
23 Oct. 14, 2010

ENTRY for Magistrate Judge Roger B. Cosbey: The Court on its own motion continues the hearing set on 10/15/2010 to 12/8/2010 at 11:30 a.m. The Court will initiate the call. (mr) (Entered: 10/14/2010)

RECAP
24 Dec. 6, 2010

MOTION to Reschedule Scheduling Conference by Defendant Ken Fries. (Feighner, John) (Entered: 12/06/2010)

RECAP
25 Dec. 6, 2010

ENTRY for Magistrate Judge Roger B. Cosbey: The 24 Motion to Reschedule Scheduling Conference is GRANTED. Scheduling Conference RESET for 12/15/2010 01:00 PM in US District Court. So Ordered. (mr) (Entered: 12/06/2010)

RECAP
26 Dec. 15, 2010

TELEPHONIC SCHEDULING CONFERENCE held and concluded on 12/15/2010 before Magistrate Judge Roger B Cosbey. Pla appeared by attys Christopher Myers and Ilene Smith. Dft appeared by attys John Feighner and J. Spencer Feighner. Parties will submit Consent Decree, Stipulation and Proposed Notice by 1/5/2011. The Court will set a further Scheduling Conference upon joint motion of counsel. (Tape #CD X.) (mr) Modified on 1/7/2011 (mr). (Entered: 12/15/2010)

RECAP
27 Jan. 7, 2011

MOTION for Extension of Time to File Consent Decree, Proposed Notice to Class Members and Stipulation by Defendant Ken Fries. (Feighner, John) (Entered: 01/07/2011)

RECAP
28 Jan. 7, 2011

ORDER granting 27 Motion for Extension of Time to File; Proposed Consent Decree and Notice to Class Members due by 1/21/2011, or, if they cannot agree, each party may file separate proposed Notice to Class Members with the Consent Decree. Signed by Magistrate Judge Roger B Cosbey on 1/7/11. (lrm) (Entered: 01/07/2011)

RECAP
29 Jan. 21, 2011

NOTICE by Ken Fries Consent Decree (Feighner, John) (Entered: 01/21/2011)

Clearinghouse
30 Jan. 21, 2011

Joint MOTION to Amend/Correct Class Definition and Opinion and Order Dated June 25, 2010 by Defendant Ken Fries. (Feighner, John) (Entered: 01/21/2011)

RECAP
31 Jan. 21, 2011

NOTICE by LeTasha Myatt Proposed Legal Notice of Class Certification (Attachments: # 1 Exhibit Proposed Claim Form)(Myers, Christopher) (Entered: 01/21/2011)

RECAP
32 April 6, 2011

MOTION Approval of Class Notice and Claim Form by Defendant Ken Fries. (Attachments: # 1 Exhibit A)(Feighner, J) (Entered: 04/06/2011)

RECAP
33 April 6, 2011

MOTION for Hearing by Defendant Ken Fries. (Feighner, J) (Entered: 04/06/2011)

RECAP
34 April 25, 2011

ORDER FOR JUDGE THEREA L SPRINGMANN: The Court being duly advised GRANTS the 33 MOTION for Hearing filed by Ken Fries. A Telephone Conference is SET for 5/3/2011 11:00 AM in US District Court - Fort Wayne before Judge Theresa L Springmann 29 Notice ; 30 Joint MOTION to Amend/Correct; 31 Notice ; and 32 MOTION Approval of Class Notice and Claim Form. Court will initiate call. (jjj) (Entered: 04/25/2011)

RECAP
35 April 25, 2011

OBJECTION by LeTasha Myatt to 32 MOTION Approval of Class Notice and Claim Form. (Myers, Christopher) (Entered: 04/25/2011)

RECAP
36 May 3, 2011

TELEPHONE CONFERENCE held before Judge Theresa L Springmann. Pla appeared by atty Christopher Myers. Dft appeared by atty John Feighner. Court issues oral rulings re 30 Joint MOTION to Amend/Correct Class Definition and Opinion and Order Dated June 25, 2010; and 32 MOTION Approval of Class Notice and Claim Form. ORDER TO BE ISSUED. Modified Claim form and proposed form of order to be filed by 5/6/2011 NOON. (Court Reporter FTR) (jjj) (Entered: 05/05/2011)

RECAP
37 May 6, 2011

NOTICE by Ken Fries Legal Notice of Class Certification (Feighner, John) (Entered: 05/06/2011)

RECAP
38 May 6, 2011

NOTICE by Ken Fries Claim Form (Feighner, John) (Entered: 05/06/2011)

RECAP
39 May 11, 2011

OPINION AND ORDER GRANTING 30 MOTION (Joint) to Amend/Correct Class Definition and Opinion and Order Dated June 25, 2010 by Defendant Ken Fries; GRANTING 32 MOTION for Approval of Class Notice and Claim Form by Defendant Ken Fries; APPROVING 37 NOTICE (Legal) of Class Certification by Ken Fries; APPROVING 38 CLAIM Form by Ken Fries. The Court APPROVES Defendant's request to be responsible for providing notice to class members and bearing the costs for providing notice. The Court ORD ERS that the class certification in its Opinion and Order dated June 25, 2010 be AMENDED as follows: individuals arrested without a warrant and booked into the Allen County Jail between 5:00 a.m. on Friday and 9:00 a.m. on Saturday between the dates of February 29, 2008 and March 20, 2010, inclusive, as well as any additional class members who exist due to court holidays observed by the Allen County Superior Court and the Allen County Circuit Court during the time period of February 29, 2008 and March 20, 2010, where such additional class members did not receive a probable cause determination within 48 hours from the time of their arrest. Signed by Judge Theresa L Springmann on 5/11/11. (cer)

Clearinghouse
40 Aug. 9, 2011

ENTRY for Magistrate Judge Roger B. Cosbey: Telephonic Status Conference set for 9/2/2011 at 8:30 AM. Court to initiate call. So Ordered.(mr) (Entered: 08/09/2011)

RECAP
41 Aug. 11, 2011

MOTION to Amend/Correct 40 Order, Set Hearings (Reschedule Telephone Status Conference) by Defendant Ken Fries. (Feighner, John) (Entered: 08/11/2011)

RECAP
42 Aug. 12, 2011

ENTRY for Magistrate Judge Roger B. Cosbey: The 41 Motion to Reschedule Telephone Status Conference is GRANTED. Telephone Status Conference reset for 9/2/2011 at 12:15 PM. Court to initiate call. So Ordered. (mr) (Entered: 08/12/2011)

RECAP
43 Sept. 2, 2011

TELEPHONIC STATUS CONFERENCE held and concluded on 9/2/2011 before Magistrate Judge Roger B Cosbey. Pla appeared by attys Christopher Myers and Ilene Smith. Dft appeared by attys John Feighner and Spencer Feighner. Parties are to file Joint Status Report by 12/2/2011. (Tape #FTR.) (mr) (Entered: 09/02/2011)

RECAP
44 Dec. 2, 2011

STATUS REPORT to the Court by Ken Fries. (Feighner, J) (Entered: 12/02/2011)

RECAP
45 Dec. 5, 2011

ENTRY for Magistrate Judge Roger B. Cosbey: Counsel to submit a joint status report on or before 3/15/2012. Telephonic Status Conference set for 5/10/2012 at 11:00 am. Court to initiate call. So Ordered.(mr) (Entered: 12/05/2011)

RECAP
46 March 15, 2012

STATUS REPORT TO THE COURT (JOINT) by Ken Fries. (Feighner, J) (Entered: 03/15/2012)

RECAP
47 March 19, 2012

Letter from Mediator John W Whiteleather Jr regarding mediation. (kjm) (Entered: 03/19/2012)

RECAP
48 May 2, 2012

MOTION to Continue Telephonic Status Conference / Defendant's Status Report by Defendant Ken Fries. (Feighner, John) (Entered: 05/02/2012)

RECAP
49 May 2, 2012

ORDER GRANTING 48 Motion to Continue Telephonic Status Conference/Defendant's Status Report. Counsel to report the outcome of mediation on 6/25/2012. Signed by Magistrate Judge Roger B Cosbey on 5/2/2012. (kjm) (Entered: 05/03/2012)

RECAP
May 2, 2012

***Hearings terminated. (kjm)

50 June 25, 2012

NOTICE of Hearing: Telephonic Status Conference set for 6/29/2012 11:30 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. Court to initiate call.(mr) (Entered: 06/25/2012)

RECAP
51 June 26, 2012

Letter from Mediator John W Whiteleather Jr stating that a resolution was not achieved. (kjm) (Entered: 06/26/2012)

RECAP
52 June 27, 2012

MOTION to reset Telephonic Status Conference by Defendant Ken Fries. (Feighner, John) (Entered: 06/27/2012)

RECAP
53 June 27, 2012

ENTRY for Magistrate Judge Roger B. Cosbey: The 52 Motion to Reset Telephonic Status Conference is GRANTED, and Conference RESET for 7/12/2012 at 3:00 pm. Court will initiate the call. So Ordered.(mr) (Entered: 06/27/2012)

RECAP
54 July 12, 2012

STATUS REPORT by LeTasha Myatt. (Myers, Christopher) (Entered: 07/12/2012)

RECAP
55 July 12, 2012

STATUS CONFERENCE held and concluded on 7/12/2012 before Magistrate Judge Roger B Cosbey. Pla appeared by atty Christopher Myers. Dft appeared by atty John Feighner. (FTR 1st floor.) (mr) (Entered: 07/12/2012)

RECAP
56 July 25, 2012

ORDER FOR JUDGE THERESA L SPRINGMANN: Telephonic Status Conference set for 8/9/2012 11:30 AM in US District Court - Fort Wayne before Judge Theresa L Springmann re 55 Status Conference. Court will initiate call. (jjj) (Entered: 07/25/2012)

RECAP
57 July 25, 2012

MOTION to reset Telephonic Status Conference by Defendant Ken Fries. (Feighner, John) (Entered: 07/25/2012)

RECAP
58 July 26, 2012

MOTION to reset Telephonic Status Conference by Defendant Ken Fries. (Feighner, John) (Entered: 07/26/2012)

RECAP
59 July 30, 2012

ORDER FOR THERESA L SPRINGMANN: The Court being duly advised GRANTS the 58 MOTION to reset Telephonic Status Conference filed by Ken Fries. The Telephonic Status Conference set for 8/9/2012 is VACATED and RESET to 8/20/2012 10:00 AM EASTERN TIME in US District Court - Fort Wayne before Judge Theresa L Springmann. Court will initiate call. The 57 MOTION to reset Telephonic Status Conference was filed in the wrong case and is RENDERED MOOT. (jjj) (Entered: 07/30/2012)

RECAP
60 Aug. 20, 2012

TELEPHONE CONFERENCE held before Judge Theresa L Springmann. Pla appeared by atty Christopher Myers. Dft appeared by atty John Feighner. Parties advise as to case status. Parties Proposed Joint Recommended Schedule due by 10/5/2012. (Court Reporter FTR.) (jjj) (Entered: 08/20/2012)

RECAP
61 Oct. 5, 2012

MOTION for Extension of Time to File Proposed Joint Recommended Schedule by Defendant Ken Fries. (Feighner, John) (Entered: 10/05/2012)

RECAP
62 Oct. 25, 2012

ORDER GRANTING IN PART and DENYING IN PART 61 MOTION for Extension of Time to File Proposed Joint Recommended Schedule by Defendant Ken Fries. Defendant has until 11/30/2012 to file a Status Report as outlined in Order. Signed by Judge Theresa L Springmann on 10/25/12. (cer) (Entered: 10/25/2012)

RECAP
63 Nov. 30, 2012

STATUS REPORT Joint Proposed Schedule by Ken Fries. (Feighner, J) (Entered: 11/30/2012)

RECAP
64 Jan. 15, 2013

BRIEF on Issue of Damages. (Myers, Christopher) (Entered: 01/15/2013)

RECAP
65 Feb. 15, 2013

RESPONSE by Ken Fries to 64 Brief (Other) On Issue of Damages. (Feighner, John) (Entered: 02/15/2013)

RECAP
66 March 1, 2013

REPLY BRIEF TO DEFENDANT'S RESPONSE TO PLAINTIFF'S BRIEF by LeTasha Myatt. (Smith, Ilene) (Entered: 03/01/2013)

RECAP
67 March 18, 2013

MOTION for Leave to File Sur-Reply to Plaintiff's Reply Brief on the Issue of Damages by Defendant Ken Fries. (Attachments: # 1 Exhibit A - Sur-Reply Brief on Issue of Damages)(Feighner, J) (Entered: 03/18/2013)

RECAP
68 March 20, 2013

ORDER GRANTING 67 MOTION for Leave to File Sur-Reply to Plaintiff's Reply Brief on the Issue of Damages by Defendant Ken Fries. Clerk to show Sur-Reply filed. Plaintiff to file Sur-Sur Reply by 4/2/2013. Signed by Magistrate Judge Roger B Cosbey on 3/20/13. (lhc) (Entered: 03/20/2013)

RECAP
69 March 20, 2013

SUR REPLY by Ken Fries to 64 BRIEF on Issue of Damages. (lhc) (Entered: 03/20/2013)

RECAP
70 April 2, 2013

MOTION for Leave to File Sur-Response on Damages by Plaintiff LeTasha Myatt. (Attachments: # 1 Sur-Response, # 2 Defendant's Sur-Reply)(Myers, Christopher) (Entered: 04/02/2013)

RECAP
71 April 4, 2013

ORDER GRANTING 70 MOTION for Leave to File Sur-Response on Damages by Plaintiff LeTasha Myatt. Clerk to show Sur-Reply Brief filed. Signed by Magistrate Judge Roger B Cosbey on 4/4/13. (lhc) (Entered: 04/05/2013)

RECAP
72 April 4, 2013

SUR REPLY by LeTasha Myatt to 64 BRIEF on Issue of Damages. (lhc) (Entered: 04/05/2013)

RECAP
73 June 28, 2013

NOTICE re 63 Status Report, 64 Brief, 65 Response/Reply, 66 Response/Reply, 69 Response/Reply, and 72 Response/Reply. The Court ANTICIPATES RULING on the issues in dispute within 45 days of the date of this Notice. Signed by Judge Theresa L Springmann on 6/28/13. (lhc) (Entered: 06/28/2013)

RECAP
74 July 17, 2013

OPINION AND ORDER: The Court DENIES the Plaintiff's request to decertify the class as to all class members to allow presentation of evidence of special damages. Instead, after the general damages findings, the Court will decertify the class as to the 32 members who timely submitted the Claim Form. Further, the Court DENIES the Defendant's request to instruct the jury to consider evidence that most of the class members later received credit for time served for the time they spent detained in the ACJ before a probable cause determination. The Court SETS a Telephonic Status Conference for 7/30/2013 02:00 PM before Judge Theresa L Springmann. Court to initiate call. Signed by Judge Theresa L Springmann on 7/17/13. (lhc)

Clearinghouse
75 July 30, 2013

TELEPHONE CONFERENCE held on 7/30/2013 before Judge Theresa L Springmann. Pla appeared by atty Christopher Myers. Dft appeared by atty Spencer Feighner and John Feighner. Parties advise as to case status. New Jointly Recommended Pretrial Scheduling to include any discovery issues due by 8/26/2013. Pla to file list for inclusion by 8/12/2013. Telephone Conference set for 8/30/2013 09:00 AM in US District Court - Fort Wayne before Judge Theresa L Springmann. Court will initiate call. (Court Reporter FTR.) (jjj) (Entered: 07/30/2013)

RECAP
76 Aug. 12, 2013

REPORT by LeTasha Myatt of Discovery Issues for Inclusion in Jointly Recommended Pretrial Schedule. (Myers, Christopher) (Entered: 08/12/2013)

RECAP
77 Aug. 20, 2013

ORDER FOR JUDGE THERESA L SPRINGMANN: On the Court's own motion due to a scheduling conflict, the Telephone Conference set for 8/30/2013 is VACATED and RESET to 9/4/2013 01:30 PM (Eastern time) in US District Court - Fort Wayne before Judge Theresa L Springmann. Court will initiate call. (jjj) (Entered: 08/20/2013)

RECAP
78 Aug. 21, 2013

MOTION to reset Telephone Conference by Defendant Ken Fries. (Feighner, John) (Entered: 08/21/2013)

RECAP
79 Aug. 26, 2013

RESPONSE by Ken Fries to Plaintiff's List of Discovery Issues for Inclusion in Jointly Recommended Pretrial Schedule. (Attachments: # 1 Exhibit A - August 23, 2013 Memorandum)(Feighner, John) (Entered: 08/26/2013)

RECAP
80 Aug. 26, 2013

ORDER FOR JUDGE THERESA L SPRINGMANN: The Court being duly advised GRANTS the 78 MOTION to reset Telephone Conference filed by Ken Fries. The Telephone Conference set for 9/4/2013 is VACATED and RESET to 9/18/2013 03:30 PM in US District Court - Fort Wayne before Judge Theresa L Springmann. Court will initiate call. (jjj) (Entered: 08/26/2013)

RECAP
81 Sept. 12, 2013

ORDER FOR JUDGE THERESA L SPRINGMANN: On the Court's own motion, the telephone conference set on 9/18/2013 is VACATED. The 76 Report filed by LeTasha Myatt AND the 79 Response filed by Ken Fries remain pending before Magistrate Judge Roger B Cosbey to resolve remaining discovery issues. (jjj) (Entered: 09/12/2013)

RECAP
82 Sept. 16, 2013

NOTICE of Hearing: Telephonic Conference re discovery issues set for 10/15/2013 11:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. Court to initiate call.(mr) (Entered: 09/16/2013)

RECAP
83 Oct. 7, 2013

MOTION to Continue Telephone Conference Regarding Discovery Issues by Defendant Ken Fries. (Feighner, John) (Entered: 10/07/2013)

RECAP
84 Oct. 7, 2013

ORDER GRANTING 83 MOTION to Continue Telephone Conference Regarding Discovery Issues by Defendant Ken Fries. Telephonic Conference RESCHEDULED to 10/17/2013 11:30 AM in US District Court before Magistrate Judge Roger B Cosbey. Court to initiate call. Signed by Magistrate Judge Roger B Cosbey on 10/7/2013. (lhc) (Entered: 10/07/2013)

RECAP
85 Oct. 17, 2013

TELEPHONIC CONFERENCE held and concluded on 10/17/2013 before Magistrate Judge Roger B Cosbey. Plas appeared by attys Christopher Myers and Ilene Smith. Dft appeared by attys John Feighner and Spencer Feighner. Arguments heard re discovery issues. Court to issue separate order. (FTR 1st floor.) (mr) (Entered: 10/17/2013)

RECAP
86 Oct. 17, 2013

OPINION AND ORDER: The discovery requests listed in Plaintiff's List of Discovery Issues for Inclusion in Jointly Recommended Pretrial Schedule is DENIED; provided however, counsel for the Defendant is directed to segregate and preserve the inmate packet and the Allen County Jail's medical files of the thirty-two class members who may be alleging medical and psychological injury. Signed by Magistrate Judge Roger B Cosbey on 10/17/2013. (lhc)

Clearinghouse
87 Dec. 2, 2013

ORDER FOR JUDGE THERESA L SPRINGMANN: Telephonic Status Conference SET for 1/16/2014 10:00 AM in US District Court - Fort Wayne before Judge Theresa L Springmann re case status. Court will initiate call. (jjj) (Entered: 12/02/2013)

RECAP
88 Dec. 20, 2013

Joint STIPULATION for Judicial Settlement Conference and Request to Cancel Telephone Status Conference by Defendant Ken Fries. (Feighner, John) (Entered: 12/20/2013)

RECAP
89 Dec. 27, 2013

ORDER GRANTING 88 Joint STIPULATION for Judicial Settlement Conference and Request to Cancel Telephone Status Conference by Defendant Ken Fries. The telephone status conference set on 1/16/2014, is VACATED. Further, this matter is REFERRED to the Honorable Roger B. Cosbey for the limited purpose of conducting settlement hearings as necessary. Signed by Judge Theresa L Springmann on 12/27/2013. (lhc) (Entered: 12/27/2013)

RECAP
90 Dec. 27, 2013

NOTICE of Hearing: Telephonic Scheduling/Status Conference set for 12/30/2013 09:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. Court to initiate call. (mr) (Entered: 12/27/2013)

RECAP
91 Dec. 30, 2013

TELEPHONIC SCHEDULING/STATUS CONFERENCE held on 12/30/2013 before Magistrate Judge Roger B Cosbey. Pla appeared by atty Christopher Myers. Dft appeared by atty John Feighner. Court advised of status of case. Atty Feighner to file Notice of Availability for Settlement Conference on 1/28/2014, 2/27/2013, or 3/10/2014. (FTR 1st floor.) (mr) (Entered: 12/30/2013)

RECAP
92 Jan. 10, 2014

STATUS REPORT Concerning Judicial Settlement Conference by Ken Fries. (Feighner, John) (Entered: 01/10/2014)

RECAP
93 Jan. 10, 2014

ORDER FOR SETTLEMENT CONFERENCE SETTING Settlement Conference for 1/28/2014 08:30 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey. Lead counsel for each side shall a "Confidential Statementof the Case" on or before the end of the business day on 1/23/2014, as outlined in Order. Signed by Magistrate Judge Roger B Cosbey on 1/10/2014. (lhc) (Entered: 01/10/2014)

RECAP
94 Jan. 28, 2014

SETTLEMENT CONFERENCE held and concluded without resolution on 1/28/2014 before Magistrate Judge Roger B Cosbey. Pla appeared with atty Christopher Myers and atty Ilene Smith. Dft appeared with atty John Feighner, atty Spencer Feighner, Lt. Troy Herschberger, and Darren Voght, Allen County Council Member. (FTR 1st floor.) (mr) (Entered: 01/28/2014)

RECAP
95 April 30, 2014

ORDER FOR JUDGE THERESA L SPRINGMANN. Telephone Conference set for 5/22/2014 02:30 PM in US District Court - Fort Wayne before Judge Theresa L Springmann re scheduling. Court will initiate call. (jjj) (Entered: 04/30/2014)

RECAP
96 May 22, 2014

NOTICE by LeTasha Myatt Proposed Trial Plan (Myers, Christopher) (Entered: 05/22/2014)

RECAP
97 May 22, 2014

NOTICE by LeTasha Myatt Proposed Trial Plan Revised (Myers, Christopher) (Entered: 05/22/2014)

RECAP
98 May 22, 2014

TELEPHONIC CONFERENCE held on 5/22/2014 before Judge Theresa L Springmann. Pla appeared by atty Christopher Myers. Dft appeared by attys John Feighner and J Spencer Feighner. Parties advise of case status. Parties to submit a joint proposed trial plan by 7/8/2014. Telephonic Status Conference set for 7/24/2014 at 10:30 AM in US District Court - Fort Wayne before Judge Theresa L Springmann. Court will initiate call. (Court Reporter FTR). (cer) (Entered: 05/22/2014)

RECAP
99 July 8, 2014

NOTICE by Ken Fries Parties' Joint Proposed Trial Plan (Feighner, John) (Entered: 07/08/2014)

RECAP

Case Details

State / Territory:

Indiana

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: Feb. 26, 2010

Closing Date: June 27, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

people arrested on a Friday or Saturday morning between February 29, 2008 and March 20, 2010 who were held at the Allen County Jail and did not receive a probable cause hearing within 48 hours of their arrest

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Allen County Sheriff

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Other Dockets:

Northern District of Indiana 1:10-cv-00064

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $360,000

Issues

General/Misc.:

Access to lawyers or judicial system

Failure to train

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Recommended Citation