This case challenges the continued confinement of seriously mentally ill prisoners by the Indiana Department of Correction (DOC) in segregated or extremely isolated prison environments. ACLU of Indiana brought the case on behalf of Indiana Protection and Advocacy Services which is charged by federal law to advocate on behalf of the mentally ill. The class-action case was tried in July of 2011 and the trial court recently ruled in plaintiffs’ favor, finding that the treatment of these seriously mentally ill prisoners violated the Eighth Amendment. A final settlement has been negotiated and has been allowed to go into effect. The case remains open for monitoring.


Kenneth J. Falk, Gavin Rosen and attorneys from Indiana Protection and Advocacy Services