This case was last updated from U.S. District Courts on 07/27/2022 at 06:55:12 (UTC).

DOE 1-8 v. NOEL et al

Case Summary

On July 25, 2022, Jane Doe 1, Jane Doe 2, Jane Doe 3, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 7, and Jane Doe 8, (collectively, “Plaintiffs”), filed a prisoner’s rights lawsuit against Jamey Noel (“Noel”), David Lowe, (“LOWE”), and Unknown Jail Officers, (“Unknown Jail Officers”), (collectively, “Defendants”), seeking damages for alleged deliberate indifference and negligence by Defendants. This case was filed in the U.S. District Court for the Southern District of Indiana, with Judges Sarah Evans Barker and Debra McVicker Lynch presiding.

In the complaint, Plaintiffs stated, “Plaintiffs were detained in the Jail and were under the care, custody and control of the Defendants. The Jail had multiple Pods within the facility where detainees were housed. Pod 4 included Pods 4(A), 4(B), 4(C), 4(D), 4(E), and 4(F). The Pods were internally connected to each other, in that Pod 4(A) was connected to 4(B), 4(B) was connected to 4(C), 4(C) to 4(D), 4(D) to 4(E), and 4(E) to 4(F).”

Plaintiffs alleged, “On October 23, 2021, former Clark County jail officer LOWE allowed two male detainees access to keys to the interior areas of the Jail in exchange for a payment of $1,000.00. These keys allowed the male detainees, and other male detainees, access to numerous restricted areas in the Jail, including Pods 4(E) and 4(F) that housed women.”

The plaintiffs further alleged, “On the night of October 23, and into the early morning hours of October 24, 2021, numerous male detainees used the keys obtained from LOWE to enter Pods 4(E) and 4(F) where they raped, assaulted, harassed, threatened and intimidated the Plaintiffs in this lawsuit, and other women, for several hours, resulting in significant physical and emotional injuries.”

Plaintiffs also alleged, “Amazingly, even though there were surveillance cameras positioned in locations that showed the male detainees accessing the women’s Pods, and even though the incident involved multiple mail detainees and dozens of victims over an extended period of time, not a single jail officer on duty that night came to the aid of the Plaintiffs and the other victims.”

The plaintiffs then alleged, “Rather than support the victims who were subject to sexual assault and abuse, Jail officials punished the women after the incident by revoking their ‘dark privileges’ and leaving the lights on for 72 straight hours, placing the women on ‘lockdown’ whereby they were restricted to their pods and denied normal privileges, and confiscating authorized personal property from the women such as pillows, blankets and personal hygiene items without any legitimate security reason.”

Plaintiffs also alleged, “The violation of the Plaintiffs’ constitutional rights was the result not only of a single bad actor, LOWE, but also due to a systemic failure on behalf of the Clark County Sheriff who failed to properly staff the Jail, train the Jail officers, and supervise the Jail officers to make sure they maintained adequate security at the Jail. These systemic failures allowed numerous male assailants to have free run of the Jail for several hours, resulting in a night of terror for the Plaintiffs and other victims.”

Plaintiffs listed five claims for relief, including Defendant’s alleged deliberate indifference pursuant to 42 U.S.C. § 1983, negligence and intentional infliction of emotional distress. 

In the prayer for relief, Plaintiffs requested for an award of damages along with costs of litigation. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:22-CV-00094

  • Filing Date:

    07/22/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

Judge Details

Presiding Judge

Sarah Evans Barker

Referral Judge

Debra McVicker Lynch

 

Party Details

Plaintiff

Jane Doe 1-8

Defendants

JAMEY NOEL

DAVID LOWE

Unknown Jail Officers

 

Court Documents

1 #1

Main Document

1 #1

Civil Cover Sheet

#2

(#2) NOTICE of Appearance by Stephen M. Wagner on behalf of Plaintiff Jane Doe 1-8. (Wagner, Stephen) (Entered: 07/25/2022)

#3

(#3) NOTICE of Appearance by Laura Walker Swafford on behalf of Plaintiff Jane Doe 1-8. (Swafford, Laura) (Entered: 07/25/2022)

#4

RESTRICTED

5 #5

Main Document

5 #1

Text of Proposed Order

#7

(#7) Proposed Summons submitted for issuance by the clerk as to DAVID LOWE, JAMEY NOEL. (Wagner, Stephen) (Entered: 07/25/2022)

#8

(#8) Summons Issued as to DAVID LOWE, JAMEY NOEL. (LF) (Entered: 07/26/2022)

#9

(#9) MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) (Entered: 07/26/2022)

#10

(#10) Order Screening Complaint: The clerk is directed to issue the proposed summons at docket #7 . The plaintiffs shall complete service on the defendants consistent with Rule 4(m) of the Federal Rules of Civil Procedure. The defendants shall respond to the motion to proceed under pseudonyms, dkt. #5 , when they file their answer to the complaint. See Order for details. Signed by Judge Sarah Evans Barker on 7/26/2022. (LF) (Entered: 07/26/2022)

 

Docket Entries

  • 07/26/2022
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  • Docket(#10) Order Screening Complaint: The clerk is directed to issue the proposed summons at docket #7 . The plaintiffs shall complete service on the defendants consistent with Rule 4(m) of the Federal Rules of Civil Procedure. The defendants shall respond to the motion to proceed under pseudonyms, dkt. #5 , when they file their answer to the complaint. See Order for details. Signed by Judge Sarah Evans Barker on 7/26/2022. (LF) (Entered: 07/26/2022)

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  • 07/26/2022
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  • Docket(#9) MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF) (Entered: 07/26/2022)

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  • 07/26/2022
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  • Docket(#8) Summons Issued as to DAVID LOWE, JAMEY NOEL. (LF) (Entered: 07/26/2022)

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  • 07/25/2022
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  • Docket(#7) Proposed Summons submitted for issuance by the clerk as to DAVID LOWE, JAMEY NOEL. (Wagner, Stephen) (Entered: 07/25/2022)

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  • 07/25/2022
  • Docket(#6) RECEIPT #970 for filing fee in the amount of $402.00, paid by Michelle Price via credit card on behalf of Plaintiffs. (DJH) (Entered: 07/25/2022)

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  • 07/25/2022
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  • Docket(#5) MOTION to Proceed Under Pseudonyms, filed by Plaintiff Jane Doe 1-8. (Attachments: #1 Text of Proposed Order)(Wagner, Stephen) (Entered: 07/25/2022)

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  • 07/25/2022
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  • Docket(#4) SEALED Notice of Intention to Seek Leave to Proceed Under Pseudonyms, filed by Plaintiff Jane Doe 1-8. (Wagner, Stephen) (Entered: 07/25/2022)

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  • 07/25/2022
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  • Docket(#3) NOTICE of Appearance by Laura Walker Swafford on behalf of Plaintiff Jane Doe 1-8. (Swafford, Laura) (Entered: 07/25/2022)

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  • 07/25/2022
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  • Docket(#2) NOTICE of Appearance by Stephen M. Wagner on behalf of Plaintiff Jane Doe 1-8. (Wagner, Stephen) (Entered: 07/25/2022)

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  • 07/25/2022
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  • Docket(#1) COMPLAINT against All Defendants, filed by All Plaintiffs. (No fee paid with this filing) (Attachments: #1 Civil Cover Sheet)(Wagner, Stephen) (Entered: 07/25/2022)

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