UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

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PLAINTIFF ) 

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':DuO\ii,LA Uc1P7] ,(t:U (Ji cOr,i cI{ ((;) <..; [Leave this blank, the clerk will 

DEFENDANT) supply the cause number when 

[Type or print only the name of the first ) youf"case is received.] 

person you are suing. List everyone you ) 

ar~ suing on page 2.] ) 

COMPLAINT 

42 U.S.C. § 1983 

I. PARTIES 

A. PLAINTIFF [You are the plaintiff in this lawsuit. Neatly print or type your information below.] 

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2. What is your address: '77LJ lL / .. ) LO<-( 11,£ 

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B. DEFENDANT(S) How many defendants are you suing: 2-

[The defendants are the people you are suing. Print or type the defendant's name, job title, the 

state or local government agency the defendant works for, and the address of that government 

agency. Remember to include the defendant you named in the caption on page one. If you are 

suing more than one defendant, number them.] 

(Re\ised May 2, 2006) 

USDC IN/ND case 3:14-cv-01578-JTM-CAN document 1 filed 05/27/14 page 1 of 9
:# Defendant's Name Job Title/Government Agency Work Address 

1. 

II. CAUSE(S) OF ACTION WITH SUPPORTING FACTS 

Write why you are suing each defendant. Write who, what, when, where, and how you believe 

your rights were violated. It is VERY IMPORTANT that you use each defendant's name in 

describing what happened to you. If you do not write what each defendant did, the court will not 

know why you are suing and that defendant will be dismissed. 

Explain what constitutional or federal law right, privilege or immunity each defendant violated. Do 

not cite or quote cases or statutes. If you want to make legal arguments or citatIons, you must file 

a separate memorandum of law. Do not attach it to this complaint. 

Write a new paragraph for each violation. Name each defendant involved in that violation. 

Number your paragraphs. 1. __________________________________________________________ _ 

./ \ 

2 

USDC IN/ND case 3:14-cv-01578-JTM-CAN document 1 filed 05/27/14 page 2 of 9
Cause(s) of Action with Supporting Facts (continued) 

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III. PREVIOUS LAWSUITS 

Have you ;ever sued anyone for the same things you wrote about in this complaint? 

!;J'NO 0 YES - [Print or type the following infonnation about the case. Attach additional 

! sheets if there is more than one prior case.} 

Court: 

Judge: __________________ DocketNumber: ____________________ _ 

Date filed: ______ _ Date closed: ____________ _ 

IV. RELIEF 

Write exactly what you want the court to do for you. This court cannot order that 

a defendant be fired, investigated, or criminally prosecuted. 

3 

USDC IN/ND case 3:14-cv-01578-JTM-CAN document 1 filed 05/27/14 page 3 of 9
V. VERIFICATION AND SIGNATURE 

Initial Each Statement and Sign at the Bottom 

• ~I have included two properly completed summons forms (available from the 

\:J clerk) for each defendant I am suing, including full name, job title and work 

address. 

'j 

\~ I have included one properly completed process receipt and return form 

\ (USM-285) (available from the U.S. Marshal) for each defendant I am suing. 

\:~ In addition to this complaint with an originai signature, I have included one 

\ copy of this complaint for each defendant and one extra for the court. 

(\ vj\? I have included full payment of the flling fee OR attached a properly 

! completed petition to proceed in forma pauperis (available from the clerk). 

~t I agree to promptly notify the clerk of any change of address. 

, ,;, I have read all of the statements in this complaint. IDa notforget to keep a copy 

for your records.} , ,~ 

Ut V I declare under penalty of perjury that the foregoing is true and correct. 

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Signed this ,'01 '\ i'\ t J 

da}Tof ___ l __ i_'~\!~~l __ L_'+\ _________ , 20~ 

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(/ "J'cu ,-I). 6CL (/(6- 0-<) 

Your, I 

4 

USDC IN/ND case 3:14-cv-01578-JTM-CAN document 1 filed 05/27/14 page 4 of 9
II. CAUSE(S) OF ACTION WITH SUPPORTING FACTS 

I Yolanda Barhams became custody of the Indiana Department of Correction on July 

14,20 I 2. On that date Indiana Department of Correction were aware of my mental and 

physical Disabilities, Schizophrenia, Depression and degenerative disc disease. 

On May 24, 2013. I was told by the Indiana Department of Correction, Education 

Provider Oakland City University, Employees, Mr. Jones, which gave me a direct order, 

signaling me out of the entire home room class to stop working on my reading; a subject 

that is a learning disability to me and order me to work on Math, and I was to work on 

Math until further notice". I told Mr. Jones I was going to grieve him ." On May 24,2013. 

after class was dismissed Mr. Jones (teacher) ,Mr. Spafford (teacher) and Mr. Sheppard 

(site manager) all employee's of Oakland City University's ,and I had a hallway meeting 

,I was not able to speak on the issue ,but was I told by Mr. Jones boss, Mr. Sheppard 

Oakland City University site manager, "I was to work on Math in Mr. Jones class until 

othervvise told to work on anything else", then Mr. Jones wTote me on and informal of 

extra duty. May 24,2013 I grievance against Mr. Sheppard Oakland University'S (site 

manager) and Mr. Jones (teacher)both of Oakland City University. 

On May 24, First I filed a grievance against Mr. Jones the grievance stated ,"I m grieving 

the fact I am being deprived of my education here at Indiana women prison; adult Math 

literacy and school." lam the only one in my homeroom class that couldn't use ,or work 

on literacy in the class, Just Math material my Math has 12.9, applied math 11. lin Math 

comp,I only have 6.2 in reading .these is my highest scores." That same day I wrote 

another grievance, which stated," I am grieving the fact that I am not able to get the 

books I need to work on in school;' for example, today May 24,2013 Mr. Jones alone 

with Mr. Shepherd made me work on Math when my scores in Math my Applied Math 

12.Math comp 11.1 I really need to work on my reading which was a 6.2 . That's why I 

asked, for a science book, said no .... you have to work on math .Mr. Shepherd, "Mr. 

Jones's boss agreed alone with him 

The next day May 25,2013 Mr. Jones switched me from his homeroom where students 

could work on what they choose to work on ,because they don't need an instructor~ their 

scores are high enough to take the GED test; In to Mr. Spafford class, making that my 

home room class. This class the teacher gave instructions to the students .. 

June 7,2013 I received the response of the grievance which was wTitten on May 

24,2013 a decision of the Indiana Department of Correction Employee ,Executive 

Assistant S. Dawn Easley who is in charge of grieves stated ,"Mr. Jones has allowed you 

to work on reading in his class room in the past, his class room is a math class and that's 

what you should be working on is what the instructor tells you to unless he gives you 

permission to do otherwise." CAUSE OF ACTION WITH SUPPORTING FACTS 

ENDED HERE. 

YOLANDA BARHAMS 

Date 

USDC IN/ND case 3:14-cv-01578-JTM-CAN document 1 filed 05/27/14 page 5 of 9
IV. RELIEF 

I M asking for the following relief be granted from this Government agency Indiana Department of 

Correction ,on the grounds they denying me Equal protection ,by allowing another agency violate my 

Consisitutional rights which; was The First Amendment .. and several Eight Amendment. 

Doing these stressful moments I worked hard to achieve my GED; there was only one subject holding me 

back ,that was my reading, which was a learning disability for me. In wasn't enabled from reading 

materials, would have been able to be with my mother in her last moments. I am seeking and award for all 

filing fee if the wavier in not granted, all legal expenses, and most of all Emotional Distress. I'm ask for 

$440.000.000 

USDC IN/ND case 3:14-cv-01578-JTM-CAN document 1 filed 05/27/14 page 6 of 9
UNITED STATES DEPARTMENT OF EDUCATION 

. Ms. Yolanda Barhams 

720 West Blaine 

Elkhart, Indiana 46516 

Dear Ms. Barhams: 

OFFICE FOR CIVIL RIGHTS . 

500 WEST MADISON ST., SUITE 1475 

CHlCAGO, IL 60661-4544 

April 14, 2014 

Re: OCRDocket #05-14-2087 

OCR Docket #05-14-4056 

REGION V 

ILLINOIS 

II\T])IAI'1A 

IOWA 

M1NNESOTA 

NORTH DAKOTA 

WISCONSIN 

On January 23,2014, the U.S. Department of Education, Office for Civil Rights (OCR), 

received your complaint filed against Oakland City University (the University) and 

Indiana Women's Prison (the Prison). In your complaint, you alleged that the University 

and Prison subjected you to discrimination based on age and disability and retaliated 

against you in connection with educational programs that the University operates at the 

Prison. 

Specifically, you alleged the following: 

1. in March 2013, the University and the Prison subjected you to discrimination 

based on disability and age and to retaliation for filing a grievance, in that you 

were not allowed to take a pre GED test; 

2. in May 2013, the University and the Prison subjected you to discrimination based 

on disability, in that you were not permitted use a specific reading book that you 

needed because of your disability; and 

3. in May 2013, the University and the Prison subjected you to discrimination based 

on age and to retaliation for filing a grievance, in that you were transferred from 

one class to a different class. 

OCR is responsible for enforcing Section 504 of the Rehabilitation Act of 1973 (Section 

504), 29 U.S.c. § 794, and its implementing regulation at 34 C.F.R. Part 104,< which 

prohibits discrimination on the basis of disability by recipients of Federal financial 

assistance. OCR also enforces the Age Discrimination Act of 1975 (Age Act), 42 U.S.C. 

6101-6103,.and its implementing regulation at 34 C.F.R. Prui 110, which prohibits 

discrimination on the basis of age by recipients of Federal financial assistance. As 

recipients of Federal financial assistance from the Department, the University and the 

Pdson are subject to these laws. 

The Department of Education's mission is to promote student achievement and preparation for global competitiveness 

by fostering educational excellence and ensuring equal access. 

www.ed.gov 

USDC IN/ND case 3:14-cv-01578-JTM-CAN document 1 filed 05/27/14 page 7 of 9
Page 2 - Ms. Barhams 

According to applicable regulations, a complaint must be filed not later than 180 days 

from the date of the alleged disability discrimination or retaliation for complaining of 

disability discrimination and not later than 180 days after the complainant becomes aware 

of alleged age discrimination or retaliation for complaining of age discrimination. 

Pursuant to the regulations and OCR's case processing procedures, OCR may grant a 

waiver of the 180-day filing requirement for good cause shown. 

Your complaint was filed more than 180 days after the dates of the alleged discrimination 

and retaliation, of which you became aware when they occurred. Therefore, your 

complaint was not filed in a timely manner. You requested a waiver of the 180-day filing 

requirement. You informed told OCR that you did not file your complaint within 180 

days of the alleged discrimination and retaliation because you were in prison and you did 

not want anything worse to happen to you. 

OCR recognizes your concern about what you said happened in March and May 2013; 

however, the reason you provided for not filing your complaint in a timely manner is not 

an acceptable basis under OCR's case processing procedures to grant your request for a 

waiver of the 180-day filing requirement. OCR is, therefore, closing your complaint as 

of the date of this letter. 

This letter sets forth OCR's determination in an individual OCR case. This letter is not a 

formal statement of OCR policy and should not be relied upon, cited, or construed as 

such. OCR's formal policy statements are approved by a duly authorized OCR official 

and made available to tlw public. You may file a private suit in federal court whether or 

not OCR finds a violation. 

You have the right, pursuant to the regulation at 34 C.F.R. § 110.39 implementing the 

Age Act, to file a civil action for injunctive relief in federal court following the 

exhaustion of administrative remedies. Administrative remedies are exhausted if: (1) 

180 days have elapsed since the complainant filed the complaint with OCR, and OCR 

has made no finding, or (2) OCR issues any finding in favor of the recipient. A civil 

action can be brought only in a United States district cOUli for the district in which the 

recipient is found or transacts business. A complainant prevailing in a civil action has 

the right to be awarded the costs of the aCfion, including reasonable attorney's fees, but 

these costs must be demanded in the complaint filed with the court. Before commencing 

the action, you must give 30 days notice by registered mail to the Secretary of the 

Department of Education, the Secretary of the Department of Health and Human 

Services, the Attorney General of the United States, and the recipient. The notice shall 

state the violation of the Age Act, the relief requested, the cOUli in which the action will 

be brought, and whether or not attorney's fees are demanded in the event the 

complainant prevails. You may not bring an action if the same alleged violation of the 

Age Act by the same recipient is the subject of a pending action in any court of the 

United States. 

USDC IN/ND case 3:14-cv-01578-JTM-CAN document 1 filed 05/27/14 page 8 of 9
Page 3 - Ms. Barhams 

If you have any questions regarding this letter, please contact Daniel Altschul, Senior 

Attorney at (312) 730-1563 or by email at dan.altschul(a)ed. gov. 

a

nCeJelY, ' 

jf C'f/~~( [fn 

J e'Wey Turnbull 

L 

Team Leader 

USDC IN/ND case 3:14-cv-01578-JTM-CAN document 1 filed 05/27/14 page 9 of 9