North Park jail site dispute plays out in new federal court filing by Monroe County commissioners

The current tension between Monroe County councilors and Monroe County commissioners over where to build a new jail boils down to their stance on the North Park site, as expressed in resolutions passed in the last six weeks. County councilors say: North Park, no. County commissioners say: North Park, yes.

Commissioners now want an extension of a lawsuit settlement agreement, set to expire on April 15—in order to approve a new purchase agreement with the North Park owner. In late October last year, the county council rejected the appropriation needed to purchase North Park

Two days ahead of the expiration, on Monday (April 13) commissioners made a formal play in federal court that presses the issue of site selection.

Commissioners filed a joint motion with the ACLU to modify the settlement agreement under which the Monroe County jail has operated since 2009. The agreement stems from a lawsuit based on unconstitutional conditions stemming from overcrowding at the jail. The court has not yet issued an order on Monday’s filing.

The idea of the modification is to extend the settlement agreement past its current April 15 expiration date, until May 29, specifically in order to allow the commissioners time to approve a new purchase agreement for the North Park property.

The North Park property is not named in the court filing, but its indication is clear from context:

The Monroe County Commissioners have determined that a new jail should be built and have selected property where they would like it to be built. However, the Council earlier rejected the property because of the cost of the planned project, which was to include a criminal justice complex that would include space for courts and other offices.

The filing continues: “The County Commissioners intend to approve a purchase agreement for this property before the end of this month [April 2026].”

County commissioners prepared for the possibility of an extension of the settlement agreement at their meeting last Thursday, by giving Julie Thomas, president of the board of commissioners, the power to sign a new agreement. Commissioners didn’t have another meeting on their calendar before the April 15 expiration.

County councilors would also have to approve any purchase agreement for the North Park property. If commissioners finalize a purchase agreement this month, it would then be presented to the county council for approval at either its May 12 or May 26 meeting, according to Monday’s court filing.

The council has a regular meeting set for Tuesday (April 14), but does not currently have any jail-related items on its agenda. County commissioners could raise the issue at the council’s Tuesday meeting during departmental report time at the start of the meeting.

The idea of extending the settlement agreement is to forestall fresh litigation over current conditions, which county officials fear would be likely.

The settlement agreement with the ACLU had been extended only until mid-April this year, after several years of annual extensions. In a letter to the county legal department two days before the end of 2025, attorney for the ACLU, Ken Falk, expressed skepticism that the situation underlying the 2008 lawsuit is anywhere close to getting resolved.

According to the motion filed with the court on Monday, county representatives have recently met with the property owner and reached an understanding that, at least for now, only a jail building—not a full criminal justice complex—would be constructed on the site.

The court filing also signals what could happen if the council declines to approve the purchase. In that scenario, the ACLU anticipates moving to dismiss the private settlement agreement, which would open the door to new litigation over current jail conditions.

If the county council approves the purchase agreement, according to Monday’s court filing, ACLU says it would agree to further extend the settlement, until the new jail is built and approved for occupancy by the Indiana Department of Correction, with benchmark deadlines leading to the facility’s opening.