Wilburn et al v. St. Joseph County Juvenile Justice Center et al

Justia Dockets & Filings Seventh Circuit Indiana Northern District Wilburn et al v. St. Joseph County Juvenile Justice Center et al

Wilburn et al v. St. Joseph County Juvenile Justice Center et al

Case Number:	3:2017cv00331
Filed:	November 1, 2018
Court:	US District Court for the Northern District of Indiana
Office:	South Bend Office
Nature of Suit:	Prison Conditions
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
November 13, 2018	Filing 40 OPINION AND ORDER: GRANTING 13 MOTION to Certify Class. Accordingly, a class consisting of: All detainees under the age of 18 years old who have been held or will be held in any form of solitary confinement at the St. Joseph County Juvenile Justice Center since September 7, 2016, is CERTIFIED. The IDEA Subclass: All members of the Juvenile Class with a disability, as defined by the Individuals with Disabilities in Education Act (IDEA), who have been or will be denied the special educati on and related support services to which they are entitled under the IDEA and Disability Subclass: All members of the Juvenile Class with psychiatric and/or intellectual disabilities, as defined by the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, who have been or will be denied the programs, services, and benefits (including the individualized assessment) mandated by the Americans with Disabilities Act and/or Section 504 of the Rehabilitation Act of 1973are also CERTIFIED. Z.W.s individualized monetary damages claim is BIFURCATED. Any claim for individual damages for Z.W. will be STAYED and considered only if a finding of liability is made in the class claim for injunctive relief. Finally, the Class Representatives shall be: Patrick David Murphy, Charles Peter Rice, Murphy Rice LLP, 400 Plaza Building, 210 S. Michigan St., South Bend, Indiana 46601. Signed by Judge Philip P Simon on 11/13/18. (jld)
November 1, 2018	Filing 39 OPINION AND ORDER GRANTING 20 Rule 12(f) Motion to Strike Affirmative Defenses; GRANTING 22 Motion to Strike Defendants' Jury Demand. The Court STRIKES Defendants' fourth and sixth affirmative defenses as pleading in their answer, and STRIKES Defendants' jury demand. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/1/18. (ksp)

Date Filed

Document Text

November 13, 2018

Filing 40 OPINION AND ORDER: GRANTING 13 MOTION to Certify Class. Accordingly, a class consisting of: All detainees under the age of 18 years old who have been held or will be held in any form of solitary confinement at the St. Joseph County Juvenile Justice Center since September 7, 2016, is CERTIFIED. The IDEA Subclass: All members of the Juvenile Class with a disability, as defined by the Individuals with Disabilities in Education Act (IDEA), who have been or will be denied the special educati on and related support services to which they are entitled under the IDEA and Disability Subclass: All members of the Juvenile Class with psychiatric and/or intellectual disabilities, as defined by the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, who have been or will be denied the programs, services, and benefits (including the individualized assessment) mandated by the Americans with Disabilities Act and/or Section 504 of the Rehabilitation Act of 1973are also CERTIFIED. Z.W.s individualized monetary damages claim is BIFURCATED. Any claim for individual damages for Z.W. will be STAYED and considered only if a finding of liability is made in the class claim for injunctive relief. Finally, the Class Representatives shall be: Patrick David Murphy, Charles Peter Rice, Murphy Rice LLP, 400 Plaza Building, 210 S. Michigan St., South Bend, Indiana 46601. Signed by Judge Philip P Simon on 11/13/18. (jld)

November 1, 2018

Filing 39 OPINION AND ORDER GRANTING 20 Rule 12(f) Motion to Strike Affirmative Defenses; GRANTING 22 Motion to Strike Defendants' Jury Demand. The Court STRIKES Defendants' fourth and sixth affirmative defenses as pleading in their answer, and STRIKES Defendants' jury demand. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/1/18. (ksp)

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