As part of a settlement entered into in 2002, the Vigo County Sheriff and Commissioner agreed to a population cap of 268 on the Vigo County Jail and that prisoners should be allowed recreation three times a week. The population has greatly exceeded that amount and prisoners are not getting the requisite amount of recreation. In 2013, ACLU of Indiana filed a breach of contract action in state court to require the defendants to comply with the contract.
Judge Jane Magnus-Stinson ruled that the hazardous conditions in Vigo County jail result in the denial of basic human needs and violations of the U.S. Constitution's protections against cruel and unusual punishments.