3rd Amended Complaint Adding State3rd Amend Complaint Exhlist | Answer of Defence |
Sheriff Answer to 2nd Amended Complaint | Parties' Stips

On July 24, 2007, Judge Theodore M. Sosin of the Marion Circuit Court entered a Final Order
Of Summary Judgment in favor of both Defendants the Marion County Sheriff and the
Commissioner of the Indiana Department of Administration, State of Indiana and against the
Plaintiff Classes.
We have already initiated the appeal process.
Please click here to read the Court's Order and our Notice of Appeal.

STATE OF INDIANA

) IN THE MARION CIRCUIT COURT
) SS:

COUNTY OF MARION

CAUSE NO. 49C01-0006-CT-1217

)

CHANELLE LINET ALEXANDER, et. al., plaintiffs,
v. THE INDIANA DEPARTMENT OF ADMINISTRATION, THE STATE OF INDIANA, AND THE
MARION COUNTY INDIANA SHERIFF, Defendants.

NOTICE OF CLASS ACTION
TO: All persons who paid for collect telephone calls from June 16, 1998 to the present from inmates
incarcerated in either Indiana State correctional facilities or Marion County Indiana correctional facilities.

This Notice is given pursuant to Rule 23 of the Indiana Rules of Trial Procedure and pursuant to an Order of the
Marion Circuit Court entered on December 28, 2004. This Notice is to inform you that there is pending in this
Court a lawsuit in which the Plaintiffs seek to recover money they paid to, or were charged by, telephone
companies under the terms of contracts between the telephone companies and the State of Indiana or the Marion
County, Indiana, Sheriff for access to prisoners making collect telephone calls.

You are not being sued. You do not need to respond to this Notice unless you wish to be excluded from
this lawsuit.

If you are a member of Class A or Class B, as defined below, you do not have to take any action.

The fact that you have received this Notice does not assure that you are a member of one of the two
classes. You may be a member of one or both or neither.

If you are a member of either Class A or Class B, this Notice does not mean you are necessarily
entitled to recover any money. The lawsuit is contested. The Court has, as yet, made no decision as to
whether the State of Indiana and/or the Marion County, Indiana, Sheriff is liable and, if so, whether the
State of Indiana and/or the Marion County, Indiana, Sheriff must repay the monies claimed by the
members of the Classes.

If you have any bills showing collect telephone charges from State of Indiana and/or Marion County,
Indiana correctional facilities from June 16, 1998 to the present, you should keep them to establish
what, if any, claim you may have. If you have no such bills, it does not affect your status as a class
member.

For more information about the case, go onto: www.indianainmatetelephoneclassaction.com

DESCRIPTION OF THE PLAINTIFF CLASSES

By Order dated December 28, 2004, the Marion Circuit Court certified this lawsuit as a class action. There are
two classes in this lawsuit. The classes are:

Class A: all persons who, from June 16, 1998 to the present, have been
charged for and/or who have paid for collect telephone calls from inmates in
the correctional facilities of the State of Indiana.
Class B: all persons who, from June 16, 1998 to the present, have been
charged for and/or who have paid for collect telephone calls from inmates in
Marion County, Indiana, correctional facilities.

THE LITIGATION

The Plaintiffs filed this lawsuit on June 16, 2000. The Complaint alleges that the State of Indiana and the
Marion County, Indiana, Sheriff entered into contracts with telephone companies which illegally required the
telephone companies to pay the State of Indiana and/or the Marion County, Indiana, Sheriff for access to
prisoners, charges which the telephone companies pass on to class members in the form of higher rates for
collect telephone calls from inmates.

The State of Indiana and the Marion County, Indiana, Sheriff deny that they have done anything illegal, and
contend that the class members are not entitled to any relief.

The Plaintiffs seek to require the State of Indiana and/or the Marion County, Indiana, Sheriff to turn over to the
Court the money paid to the State of Indiana and/or the Marion County, Indiana, Sheriff under the disputed
contracts with the telephone companies, for distribution to class members, less costs and attorneys fees
incurred on behalf of the Plaintiff classes.

This Notice is to inform class members of this action and determine the identity of those who do not wish to be
included in the classes.

ELECTION BY CLASS MEMBERS

TO REMAIN A MEMBER OF A CLASS DO NOTHING: If you believe you are a member of either or both
classes and you wish to remain a member, you do not have to do anything.

TO RECEIVE INFORMATION ABOUT THE PROCEEDINGS YOU SHOULD PROVIDE CONTACT
INFORMATION FOR YOURSELF: If you believe you are a member of either or both classes and you wish to
be kept informed of the proceedings then: send your name, email address, street address, and telephone number
to "Inmate Telephone Class, P.O. Box 44285, Indianapolis, Indiana 46244-0285." The easiest way to submit
your information is to log on to www.indianainmatetelephoneclassaction.com. There are forms there for you
to complete to submit your information. You may also write to: Inmate Telephone Class, P.O. Box 44285
Indianapolis, Indiana 46244-0285, and provide your name, address, phone number, email address, and which
class to which you believe you belong. You should also keep class counsel aware of any changes to your current
identifying information.

TO EXCLUDE YOURSELF FROM A CLASS YOU MUST CONTACT US AND LET US KNOW THAT
YOU WISH TO EXCLUDE YOURSELF: If you believe you are a member of either or both classes and you
wish to be excluded from this lawsuit, you must mail a written request for exclusion from the class from which
you wish to be excluded. The request must be postmarked no later than June 25, 2006, addressed to "Inmate
Telephone Class, P.O. Box 44285, Indianapolis, Indiana 46244-0285." In order to be effective, a request for
exclusion must state the name and address of the person or entity requesting exclusion, must state that each
person or entity requests exclusion from a class certified in this action, and must be signed by the person or
entity. The request for exclusion shall not be effective unless it provides the required information and is made
within the time stated above, or the Court otherwise accepts the exclusion. By excluding yourself from this class
action, you would preserve your right to file a separate lawsuit for any damages you believe you may have
incurred. You do not need to state the reason for exclusion from the class; excluding yourself from the class is
voluntary. If you request exclusion, you will not be entitled to share in the benefits, if any, of any recovery or
settlement obtained by plaintiffs in this action, nor will you be bound by any judgment.

A JUDGMENT IN THE CASE, WHETHER FAVORABLE OR NOT FAVORABLE TO THE CLASS, WILL
INCLUDE ALL MEMBERS WHO DO NOT REQUEST EXCLUSION.

ANY MEMBER WHO DOES NOT REQUEST EXCLUSION MAY, IF HE OR SHE DESIRES, ENTER AN
APPEARANCE THROUGH HIS OR HER OWN COUNSEL.

The pleadings and other records in this litigation may be examined and downloaded by accessing
www.indianainmatetelephoneclassaction.com. Do Not Call the Court or Class Counsel Regarding Questions
about this Lawsuit. Please contact Class Counsel by accessing this webpage or in writing.

For further information, log onto www.indianainmatetelephoneclassaction.com. You may also write to counsel
for the Plaintiff Class at the following addresses:

Plaintiffs
Counsel

Class

Defense Counsel

Lawrence M. Reuben

Elizabeth M. Karlson and

One Virginia Avenue, Suite 600

Barbara A. Nardi

Indianapolis, IN 46204

Office of the Attorney General, IGCS
5th Floor, 402 West Washington Street

Richard A. Waples

Indianapolis, IN 46204
Kobi Wright

Waples & Hanger

Office of Corporation Counsel

410 North Audubon Road

200 East Washington Street, Suite 1601

Indianapolis, IN 46219
Stephen Laudig

Indianapolis, IN 46204
Kevin C. Schiferl

156 East Market Street, 6th Floor

Melanie D. Margolin

Indianapolis, IN 46204

LOCKE REYNOLDS LLP
201 North Illinois Street, Suite 1000
P.O. Box 44961
Indianapolis, IN 46244-0961

Inmate Telephone Class
P.O. Box 44285
Indianapolis, Indiana 46244-0285

/s/ Theodore Sosin, Judge
Dated: April 25, 2006
BY ORDER OF THE COURT:
MARION CIRCUIT COURT