The Marshall County Commissioners continue to deal with lawsuits filed due to overcrowding issues at the jail.
The inmate population continues to grow well over the recommended capacity of 239 inmates. There are around 300 inmates in the jail.
County Attorney Jim Clevenger said four claims have been filed for damages by inmates acting as pro se counsel. Claims were filed by four other inmates through the ACLU of Indiana seeking injunctive relief due to the overcrowding issue. Injunctive relief is not asking for payment, it’s so the county finds a way to relieve overcrowding in the jail, according to Clevenger.
To assist the county in the ACLU case, Clevenger asked the county commissioners to approve an agreement to hire Betty Knight. Clevenger said she’s been hired by Bliss McKnight to work on similar lawsuits in counties it covers, including Marshall County. Clevenger noted that she has completed studies concerning overcrowding at jails in different scenarios in the state and has handled cases dealing with injunctive relief and damages with the ACLU.
The agreement was approved with a rate of $165 an hour, which Clevenger said is a very reasonable, discounted rate.
In a step toward alleviating the overcrowding issue, the commissioners approved an interlocal agreement with Elkhart County to house inmates there. The daily rate wasn’t specified in an amended agreement submitted by Elkhart County officials. However, the commissioners approved the agreement pending the daily rate. Marshall County Sheriff Matt Hassel initially proposed a daily rate of $40.
While on the topic of the jail, Clevenger explained that the bond counsel, accounting and architects are working on preliminary figures for the construction of an additional inmate housing pod at the Marshall County Jail. Those figures may be presented for commissioner review at the next meeting on Oct. 21. In the meantime, RQAW is preparing a feasibility study. A public hearing regarding that study has yet to be scheduled.
