Top Class Actions  |  February 9, 2022

Category: Closed Class Actions

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rendering of a half opened steel handcuff in center on top of the US state flag of Indiana - jail settlement
(Photo Credit: Global Image Archive/Shutterstock)

Indianapolis and Marion County, Indiana, officials agreed to a settlement to resolve claims that individuals who faced detention for too long in county sheriffs’ jail facilities.

The settlement benefits individuals who were detained by the Marion County sheriff for 12 hours or longer after legal authority ceased between June 6, 2014, and Nov. 19, 2021. This could include detainees held longer than 72 hours or those held after posting bond or bail. 

According to the settlement agreement, there are 15,083 jail stays included under this definition.

The Marion County Sheriff’s Office serves Indianapolis and other cities within the county by managing jail facilities, providing emergency dispatch, serving court orders, and more. Unfortunately, the office may violate state law by detaining people for longer than is allowed.

The Marion County improper jail detention class action lawsuit contends individuals are incarcerated for “unreasonable periods of time” due to the county sheriff’s policy of 72-hour release time periods. Due to these policies, detainees such as the plaintiffs were allegedly held after their release was ordered or after legal authority for their detention ceased.

Instead of releasing detainees at the proper time, Marion County sheriff’s officials allegedly re-arrest individuals and detain them for longer than allowed. These issues are made worse by computer errors which fail to record bail payments and other important events which would hasten release, the plaintiffs contend.

“Due to these above policies and procedures, it is not uncommon for prisoners who have been released by the courts […] to be held by the Marion County Sheriff longer than legally authorized, including days, past the time they should have been released,” the class action lawsuit contends.

Marion County, Indianapolis, and the Marion County sheriff haven’t admitted wrongdoing but agreed to settle the claims against them for an undisclosed settlement amount.

Under the terms of the settlement, Class Members can collect $40 for each hour they were held over the detention limit at Marion County Sheriff jails. 

According to the settlement agreement, the 15,083 jail stays included in the Class definition resulted in 175,814 hours eligible for compensation. 

If all these hours are claimed, Marion County could pay over $7 million to improperly detained individuals.

The deadline for exclusion and objection is April 27, 2022. 

The final approval hearing for the Marion County improper jail detention settlement is scheduled for July 14, 2022.

In order to receive a payment from the settlement, Class Members must file a valid claim form by April 27, 2022.

Who’s Eligible

The settlement benefits individuals who were detained by the Marion County sheriff for 12 hours or longer after legal authority ceased between June 6, 2014, and Nov. 19, 2021. This could include detainees held longer than 72 hours or those held after posting bond or bail. 

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

04/27/2022

Case Name

Driver v. Marion County Sheriff, et al., Case No. 1:14-cv-02076-RLY-MJD, in the U.S. District Court for the Southern District of Indiana

Final Hearing

07/14/2022

Settlement Website
Claims Administrator

Marion County IN OverDetention Class Settlement Administrator 
c/o Rust Consulting, Inc – 7540 
PO Box 2599 
Faribault, MN 55021-9599
877-294-0756

Class Counsel

Richard A. Waples
WAPLES & HANGER

John Young
YOUNG & YOUNG

Defense Counsel

Anne Harrigan
CHIEF LITIGATION COUNSEL

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12 thoughts onMarion County, Indiana, Improper Jail Detention Class Action Settlement

  1. willis shannon says:

    I was lock up for 14 days after I was released by the judge . They had no reason for the messup other then their was a filing error in the courtroom . I never heard anything else about until you guys sent me a letter saying there is a lawsuit being pursued and I was a class member and I did everything that was asked of me so

  2. Timothy Groce says:

    Yes this is Timothy W Groce. I mailed in all my documentation last year on time. And I heard the class settlement judgment had been awarded. But never heard anything else back. I was kept longer than what I should have been after being released. If you could email me back that would be great. Thanks so much for your time

  3. Willis Shannon says:

    When are checks being mailed and how do I find out how much I will be getting

  4. kevin Thomas - EL says:

    I am also a class action member aginst marion county It would be nice to know

  5. Marilyn Johnson says:

    When will checks be mailed out for this settlement.

  6. Mytiya Q sanders says:

    Hello I Have a special circumstance as to which Not only was I over detained after a bond was paid. I was also over the same after I submitted proof of community service. I was transferred from another jail for another misdemeanor and when I came to this court for Marion County this was the court hearing to show my status and completion of the community service. The deal was if I didn’t do community service I would have to spend 10 days in jail. Since I was transferred from another jail I didn’t have the paperwork with me but I was told by the judge and my public defender that as long as the paperwork gets turned into them they will release me immediately. My mother immediately after the hearing went to my home got the paperwork and submitted it to the courts. It took them almost 5 days to release me I pretty much did my sentence as if I did and do community service. And I feel like I was screwed because not only did I do community service but I also spent almost a full amount of jail time as penalty for not doing the community service that I did do and proved it the same day. So they also owe me for the lack of release after the community service proof along with keeping me over 12 hours a few times after Bond posting. How do I get that information to them about the community service since it’s a special circumstance

  7. Zach McKinzie says:

    I sent in all the documents that you,. The attorney’s, mailed on time. Who and how do I find out what happens next since the July 29th hearing is over.

  8. Renae Craine says:

    Add me please

    1. Lavontae says:

      I submitted all of my documents by mail and everything how do I obtain contact info to check on the progress I see that a final decision has been decided for the 29th

  9. Nina Williams says:

    They have my son in there for along period of time when he should be released. My son is Mid mentally retarded with a very low I.Q.. And now they’re trying to talk him into signing paperwork to go to prison for a non violent charge he was beaten up by 6 to 8 inmates. Without any medical attention. Severely BEATEN. AND THE STAFF IS COVERING ALLOT OF WRONG DOING. THEY ALL NEEDS TO BE SERIOUSLY INVESTIGATED. SERIOUSLY. IF MY SON DIE IN THE MARION COUNTY JAIL. I PLAN TO SUE THE CITY OF INDIANAPOLIS.

    1. Liz says:

      Wow… I am so sorry you’re dealing with that. People are disgusting. I hope your son is able to come home ASAP. I hate the system. Yes there are people who belong there but there are so many people who don’t deserve to be there. And very few people deserve to live in such horrible conditions. Jail/prison will make break anyone down. Sending love, light and positivity your way. Stay strong mama.

    2. concern says:

      Sorry that you are going through this with your son ,don’t file a claim with this settlement you need to get your own lawyer it has become a class action settlement with this,the ball is in your hand don’t wait for these pennies the settlement is going to give you,when you can really get paid Good Luck

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.