Court Error – Class Certification

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7^th Circuit Court of Appeals

Case Name: Michael Driver et al v. Marion County Sheriff, et al

Case No.: 16-4239

Officials: WOOD, Chief Judge, and FLAUM and ROVNER, Circuit Judges

Focus: Court Error – Class Certification

The plaintiffs in this case brought a class action pursuant to 42 U.S.C. § 1983 alleging that the policies and practices of the Marion County Sheriff’s Department and the Consolidated City of Indianapolis and Marion County (collectively referred to as the “Sheriff”) caused them to be detained in the Marion County Jail awaiting release for an unreasonably long period of time, in violation of the Fourth Amendment. The plaintiffs sought to certify five subclasses in that action, and the district court granted certification as to two of those subclasses, but denied it as to the remaining three. The plaintiffs then filed a petition in this court seeking permission to appeal the denial of two of those class certifications pursuant to Federal Rule of Civil Procedure 23(f). Specifically, the plaintiffs contested the court’s denial of two classes, consisting of all individuals who, from December 19, 2012 to the present, were held in confinement by the Sheriff after legal authority for those detentions ceased, due to: (1) the Sheriff’s practice of operating under a standard of allowing up to 72 hours to release prisoners who are ordered released; and (2) the Sheriff’s practice of employing a computer system inadequate for the purposes intended with respect to the timely release of prisoners. We granted permission for the interlocutory appeal pursuant to Rule 23(f), and now proceed to the appeal on the merits. We hold that the district court erred in its decision denying class certification and remand the case to the district court for further proceedings

Vacated and remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.