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The Allen County Residents Against the Jail filed suit against the Allen County Commissioners, the building corporation, and the Indiana Department of Local Government Spending to stop the county from using the Allen County Courthouse as collateral for bonds.
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With funding packages approved and conditions stabilizing in the existing jail, both sides agree another formal in-person status conference may not be necessary.
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The Allen County Council reversed its earlier decision and approve the bond payment needed for construction of the new jail.
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A federal judge told the Allen County Council and Commissioners to "vote to finance the jail or invite in other action."
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Attorneys representing the plaintiffs in a federal case challenging conditions at the Allen County Jail say they are “profoundly concerned” by the Allen County Council’s unwillingness to give the Allen County Commissioners the money needed to start the jail project.
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The Allen County Commissioners still do not have the necessary funding for their 30-year construction lease with the building corporation and have been urged to wait on groundbreaking for the new jail until they get it.
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The Allen County Council voted no on funding for planning work necessary for construction of the new Allen County Jail. The Allen County Commissioners said they'd be forced to notify the federal judge overseeing the federal lawsuit.
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Allen County Sheriff Troy Hershberger made the report to the U.S. District Court earlier this week, a requirement of a federal lawsuit filed in 2020 by the ACLU on behalf of inmates.
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The 4-to-3 vote came as a deadline approached for getting an income tax increase done this calendar year, and before a deadline imposed by a federal judge awaiting a plan on a permanent fix to address overcrowding and other issues.
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In a letter dated Tuesday, the commissioners urged the council to adopt the local income tax rate to fund the $300 million jail ahead of the Nov. 1 deadline.