Vermillion v. Levenhagen et al.

After decades in prison with zero incidents of violence and almost no disciplinary infractions, Jay Vermillion was summarily consigned to an endless term in the Indiana DOC’s departmental-wide solitary confinement unit.

He would spend the next four years there on tobacco trafficking allegations—allegations that the prison later dismissed.

During this time, Mr. Vermillion’s only outdoor recreation occurred in a small fenced-in pen, and he could not move outside of his cell unless shackled hand-to-foot. He started sleeping during the day and developed new and strange behaviors.

We were appointed to represent Mr. Vermillion after he survived a summary judgment motion in his pro se lawsuit complaining about this treatment.

After re-opening discovery and submitting expert reports on the psychiatric harm solitary caused to Mr. Vermillion and the total lack of need for him to have been so confined, we settled this case on the eve of trial.

Mr. Vermillion will receive $425,000.00, representing over $100,000.00 per year of isolation, and constituting one of the largest settlements ever recorded for an unlawful period of solitary confinement.