United States District Court, N.D. Indiana, Fort Wayne Division
ROLANDO JORDAN, RONALD WARD, and KENNETH ROLLINGCLOUD, individually and on behalf of all others similarly situated, Plaintiffs,
DAVID GLADIEUX, ALAN COOK, and CHARLES HART, Defendant.
OPINION AND ORDER
THERESA L. SPRINGMANN, CHIEF JUDGE
matter comes before the Court on Plaintiffs Rolando Jordan,
Ronald Ward, and Kenneth Rollingcloud's First Amended
Motion for Class Certification [ECF No. 31]. Defendants
Charles Hart, Alan Cook, and Allen County Sheriff David
Gladieux objected to class certification and filed a Response
to Motion for Class Certification [ECF No. 43]. The
Plaintiffs timely filed their Reply [ECF No. 47]. This matter
is thus fully briefed and ripe for review.
background is provided through the pleadings, class
certification motions, and attached exhibits. The Plaintiffs
allege that the Defendants have substantially burdened Muslim
and Native American inmates' exercise of religion in the
Allen County Jail. (First Am. Class Action Compl., ECF No.
30, at ¶ 1.) Plaintiff Rolando Jordan is Muslim and was
an inmate in Allen County Jail from January 2016 through
August 2016. (Id. at ¶ 6.a.) Plaintiff Ronald
Ward is also Muslim and was an inmate at the Allen County
Jail when the Plaintiffs moved to certify the class.
(Id. at ¶ 6.b.) Plaintiff Kenneth Rollingcloud
is a Native American, practices a traditional Native American
faith, and was an inmate at the Allen County Jail when the
Plaintiffs moved to certify the class. (Id. at
¶ 6.c.) Defendant David Gladieux is the Allen County
Sheriff and operates the Allen County Jail. (Id. at
¶ 7.) Defendant Alan Cook is the current Commander of
the Allen County Jail, and Charles Hart is a former Commander
of the Allen County Jail. (Id. at ¶ 8.)
the Plaintiffs assert that Muslim and Native American inmates
at the Allen County Jail are forbidden from gathering for
weekly communal worship, but Protestant Christian inmates are
permitted to do so. (First Am. Class Action Compl. at ¶
16.) Additionally, the Plaintiffs contend that both Muslim
and Native American inmates are forbidden from possessing
articles of religious devotion, such as prayer rugs and
religious head coverings for Muslim inmates, and medicine
bags and religious headdress for Native American inmates.
(Id. at ¶ 24.)
Plaintiffs brought their claims on behalf of themselves and
all others similarly situated as members of the following
All individuals held at the Allen County Jail between October
2014 and September 2016 practicing a Muslim or traditional
Native American faith who have been forbidden from engaging
in Muslim or traditional Native American communal worship
and/or have been forbidden from keeping an article of Muslim
or traditional Native American religious devotion.
(First Am. Motion for Class Cert. at 3.)
23 does not set forth a mere pleading standard.”
Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 351
(2011). Instead, plaintiffs bear the burden to show that a
proposed class satisfies Rule 23. Arwa Chiropractice,
P.C. v. Med-Care Diabetic & Med. Supplies, Inc., No.
14- C-5602, 2017 WL 4339788, at *2 (N.D. Ill. Sept. 29, 2017)
(citing Messner v. Northshore Univ. Healthsys., 669
F.3d 802, 811 (7th Cir. 2012)). A plaintiff satisfies Rule 23
when he meets all of the requirements of Federal Rule of
Civil Procedure 23(a) and one of the requirements of Rule
23(b). See Fed. R. Civ. P. 23; Rosario v.
Livaditis, 963 F.2d 1013, 1017 (7th Cir. 1992). First,
the plaintiff must show:
(1) the class is so numerous that joinder of all members is
(2) there are questions of law or fact common to the class;
(3) the claims or defenses of the representative parties are
typical of the claims or ...