Dunn et al v. Thomas et al
| Joshua Dunn, Alex Ball, Edward Braggs, Tedrick Brooks, Gary Lee Broyles, Richard Businelle, Bobby Copeland, Howard Carter, Chandler Clements, Robert Dillard, Christopher Gilbert, Dwight Hagood, Daletrick Hardy, Sylvester Hartley, Christopher Jackson, Brandon Johnson, John Maner, Rick Martin, Willie McClendon, Roger McCoy, Jermaine Mitchell, Kenneth Moncrief, Tommie Moore, Matthew Mork, Zerrick Naylor, Bradley Pearson, Leviticus Pruitt, Turner Rogers, Jonathan Sanford, Timothy Sears, Brian Sellers, Augustus Smith, Richard Terrell, Hubert Tollar, Daniel Tooley, Joseph Torres, Donald Ray Turner, William Villar, Jamie Wallace, Robert Myniasha Williams, Alabama Disabilities Advocacy Program and All Plaintiffs |
| Kim Thomas, Ruth Naglich and Alabama Department of Corrections |
| 2:2014cv00601 |
| June 17, 2014 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| St. Clair |
| Terry F. Moorer |
| William Keith Watkins |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 12102 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
4250
ORDERED that the parties are to each file a report by Monday, November 4, 2024, at 5:00 p.m. responding to these questions. Signed by Honorable Judge Myron H. Thompson on 11/1/2024. (LAB)
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Filing
4218
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below. Signed by Honorable Judge Myron H. Thompson on 8/16/2024. (See Order for Further Details) (LAB)
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Filing
4212
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: it is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below. Signed by Honorable Judge Myron H. Thompson on 8/6/2024. (See Order for Further Details) (LAB)
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Filing
4204
ORDERED that: No later than October 25, 2024, at 5:00 p.m., the parties are to submit a joint statement. The parties should be prepared to discuss the contents of their joint statement during the triannual status conference on November 22, 2024. Signed by Honorable Judge Myron H. Thompson on 7/30/2024. (See Order for Further Details) (LAB)
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Filing
4193
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: it is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are rev ised as set forth below. Signed by Honorable Judge Myron H. Thompson on 6/26/2024. (See Order for Details) (Hearings: Status Conferences via Zoom: 07/12/2024 at 09:00 AM, 8/16/2024 at 9:00 AM, 11/22/2024 at 09:00 AM, 02/07/2025 at 09:00 AM) (LAB)
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Filing
4176
ORDER: it is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below. Signed by Honorable Judge Myron H. Thompson on 5/8/2024. (See Order for Further Details) (LAB)
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Filing
4167
ORDER: It is ORDERED that the status conference, now set for today, April 19, 2024, at 9:00 a.m., is reset for May 2, 2024, at 8:00 a.m. Signed by Honorable Judge Myron H. Thompson on 4/19/2024. (LAB)
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Filing
4150
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: It is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised, a s further set out in order; Status Conferences set for 4/19/2024 at 09:00 AM, 7/12/2024 at 09:00 AM, 11/22/2024 at 09:00 AM, and 2/7/2025 at 09:00 AM via ZOOM before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 3/13/2024. (furn: calendar, ag, lfw) (WCL)
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Filing
4139
OPINION AND ORDER ON SEVEN MONITORING ISSUES RAISED BY PARTIES: The parties have presented to the court seven monitoring-related issues. See Joint Status Report on Potentially Resolvable Monitoring-Related Issues (Doc. 4046 ). This opinion respon ds to each as further set out in the opinion and order. This opinion does not break any new ground. The questions submitted by the parties are either answered by the court's previous opinions or are raised prematurely. Accordingly, it is ORDERED that the parties' unresolved objections, if any, to the EMT's performance measures and audit tools shall be submitted by a date to be determined at the triannual status conference on March 1, 2024. The EMT's finalized proposed version s of the performance measures and audit tools, and any objections thereto, shall be formatted and filed in a manner consistent with the court's previous Opinion and Order on Monitoring (Doc. 4029 ). Signed by Honorable Judge Myron H. Thompson on 2/29/2024. (DMN)
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Filing
4119
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: It is ORDERED that the joint motion for extension of time to file proposed revised ADA transition plan (Doc. 4117 ) is granted; and it is further ORDERED t hat, based on the representations made at the status conference on 12/8/2023, and in light of subsequent orders, and because the triannual status conference, now set for 2/9/2024, must be reset, the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below as further set out in order. Triannual Status Conference set for 2/9/2024 at 9:00 AM is reset to 3/1/2024 at 09:00 AM by ZOOM before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 1/26/2024. Furnished calendar, AG, LW, VIDEO CONF. (Deadline terminated: Status Conference set for 2/9/2024)(DMN)
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Filing
4114
ORDER: In the report filed yesterday, defendants state that they are "submit[ting] the Monthly Restrictive Housing Trends Report for the month of December 2023." Notice of Filing Restrictive Housing Report (Doc. 4112 ) (emphasis added). However, this report does not appear to be the joint "trends" report as described by the order entered on 11/21/2023. Order Approving RHU Plan, etc. (Doc. 4082 ). The court assumes that the above statement is a typo and that yesterday 9;s filing was not meant to contain a trends report--just the monthly RHU report. Accordingly, it is ORDERED that, pursuant to the court's prior order approving RHU plan, etc. (Doc. 4082 ), the parties are still to file jointly a "trends report" regarding the monthly RHU report filed yesterday. Signed by Honorable Judge Myron H. Thompson on 1/17/2024. (DMN)
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Filing
4105
ORDER AS TO PHASE 1 ADA DONALDSON ALTERATIONS: it is ORDERED that how to proceed regarding the ADA alterations to William E. Donaldson Correctional Facility will be folded into and discussed in tandem with the overarching update to the transition plan. Signed by Honorable Judge Myron H. Thompson on 12/11/2023. (am, )
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Filing
4102
ORDER: On 10/26/2023, pro se inmate Elbert Ballard filed a motion to intervene (Doc. 4059 ) in this case. On 10/27/2023, the court entered an order (Doc. 4060 ) denying the motion and noting that Ballard could file a separate and independent law suit asserting his claim that he has been wrongfully retaliated against by certain persons employed by the ADOC because he testified in this case in 2016. After denying the motion, the court received several more documents from Ballard, including a m otion seeking to freeze the assets of the Department of Corrections. See Order (Doc. 4072 ). The court instructed the clerk of court to return those documents. Id. The court has now recently received a second motion to freeze from Ballard. As with t he previous motion to freeze, the new motion should be returned to Ballard because he is not a party to this case. Moreover, in the meantime, Ballard has filed a new and separate lawsuit against the Medical Staff at Hamilton A&I. See Ballard v. Medic al Staff at Hamilton Aged & Infirmed, 2:23cv00698-MHT. In this new lawsuit, he has submitted documents similar and identical to the ones he sent to the court in this case. Accordingly, it is ORDERED as follows: (1) The clerk of court is not to file t he recent document containing a motion to freeze by Elbert Ballard, but rather is to return the document to Ballard. But before doing so, the clerk is to make a cop of the document, put it in an envelope, and put the envelope on the left side of the "hard folder" of this case, along with all the other inmate letters received by the court regarding this case. (2) Ballard is not to submit any more documents for filing in this case, for he has been denied intervention. But if he should, t he clerk of the court is to return the documents to him, after making a copy of them, putting them in an envelope, and putting the envelope on the left side of the "hard folder" of this case, along with all the other inmate letters received by the court regarding this case. Signed by Honorable Judge Myron H. Thompson on 12/7/2023. Document returned to Elbert Ballard as directed. Copy of document returned placed in envelope, and placed on left side of the "hard folder" of this case as directed.(dmn, )
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Filing
4098
ORDER: Defendants filed the most recent quarterly correctional and mental-health staffing reports on 12/1/2023. See Reports (Doc. 4093 and Doc. 4096 ). Typically, the parties are to file joint trends reports concerning the quarterly reports wit hin seven days of the reports' submission. See Revised Scheduling Order (Doc. [4085) at 6, cell III.B.2. Rather than waiting seven days, in view of the upcoming December 8 triannual conference in this case, it is ORDERED that the parties submit the trends reports for this year's third quarterly correctional and mental-health staffing reports (Doc. 4093 and Doc. 4096 ) by 5:00 p.m. on Wednesday, 12/6/2023, so that they can be discussed at the December 8 triannual conference. This order does not affect future trends reports. Signed by Honorable Judge Myron H. Thompson on 12/4/2023. (dmn, )
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Filing
4085
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: It is ORDERED that the joint motion for extension of time to file status report regarding alterations to Birmingham Work Release and Donaldson (Doc. 4074 ) is granted and that deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below and as further set out in the order. Note that the formatting of the scheduling order is as follows. Each section is designated with a cell-block number so that it may be more easily referenced. For example, Section III deals with the "PHASE 2A EIGHTH AMENDMENT CLAIM." Subpart B of that section pertains to "CORRECTIONAL STAFFING." So the second cell in that subpart is referred to as cell III.B.2. The court's citation for this cell is (Doc. X) at 4, cell III.B.2. Signed by Honorable Judge Myron H. Thompson on 11/22/2023. Furnished calendar, AG, LW. (dmn, )
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Filing
4081
ORDER ON MONITORING MATTERS: There are two matters before the court that implicate the forthcoming performance measures and audit tools that will be used to monitor compliance with this case's remedial provisions. The first is the parties 9; list of what they believe to be potentially resolvable monitoring-related issues. See Joint Status Report On Potentially Resolvable Monitoring-Related Issues (Doc. 4046 ). That list of issues has been fully briefed. See Briefs (Doc. 4063 , Doc. 4070 , & Doc. 4076 ). The second is the parties' forthcoming objections to the EMT's performance measures and audit tools, which are currently due on 12/5/2023. See Revised Remedy Scheduling Order (Doc. 4055 ) at 4, cells III.A.2-4. At t he on-the-record hearing held on November 21, the parties represented that they believe the best way for them to narrow and develop their objections to the measures and tools is for the court to attempt to resolve the monitoring-related issues before requiring the submission of the parties' objections to the measures and tools.The parties' ultimate objections to the measures and tools will not be due until after the court makes an attempt to resolve the monitoring-related issues, which may require oral argument to be set at a later date. Once resolved, the court will then reset a date for submission of any objections to the measures and tools. Accordingly, therefore, based on the representations made on the record, the court will first take up the potentially resolvable monitoring-related issues. It is ORDERED that: (1) The parties are to file a joint statement by 11/28/2023, at 5:00 p.m. as further set out in the order. (2) Submission of the EMT's finalized proposed performance measures and audit tools and the parties' objections to the measures and tools are suspended until further notice. Signed by Honorable Judge Myron H. Thompson on 11/21/2023. (dmn, )
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Filing
4078
ORDER: On 11/17/2023, the parties filed the Proposed Restrictive Housing Report. (Doc. 4075 -1). The proposed report uses terms (occupied, preventative, transitional, etc.), acronyms (MH, SMI, PHRU, etc.), and codes (MH-A, MH-B, etc.) Id. Most of these words are known to the court. But for purposes of clarity and future reference, the court finds it appropriate that they ALL be explicitly defined. Accordingly, it is ORDERED that the parties are to file on 11/20/2023, by 5:00 p.m., a document that contains a key that clearly defines all the terms, acronyms, and codes used in the proposed restrictive housing report. Signed by Honorable Judge Myron H. Thompson on 11/20/2023. (dmn, )
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Filing
4068
ORDER REGARDING RHUs: On 10/27/2023, the parties filed a joint statement outlining the defendants' proposal as to how ADOC will allow its restrictive housing units (RHUs) to function safely with the correctional staff that ADOC currently empl oys. See Joint Statement on Restrictive Housing Opportunities (Doc. 4061 ). At the on-the-record hearing held on 11/3/2023, the parties proposed that there should be ongoing status reports as to the ADOC's progress regarding RHU safe functionin g. Accordingly, it is ORDERED that, on or before noon on 11/17/2023, the parties file a joint proposal as to what any such status report should contain and how often a report should be filed. Signed by Honorable Judge Myron H. Thompson on 11/7/2023. (dmn, )
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Filing
4060
ORDER: It is ORDERED that inmate Elbert Ballard's pro se motion to intervene (Doc. 4059 ) is denied as further set out in the order. He can simply file a separate and independent Eighth Amendment lawsuit. Signed by Honorable Judge Myron H. Thompson on 10/27/2023. (dmn, )
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Filing
4053
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: Based on discussions had on-the-record during the status conference held on 10/11/2023, the court changed the upcoming triannual status confere nce--and the attendant topics of discussion--from 11/21/2023, to 12/8/2023. However, there are two matters the court finds it necessary to modify and expand in this revised scheduling order. First, as the old scheduling order reflects, the parties ar e to file, on 10/27/2023, two proposals as further set out in the order. Because time is of the essence for both of these matters, the court finds it unhelpful to wait until the December 8 triannual conference to take them up--rather, this order rese ts discussion on those topics to a Status Conference to be held on 11/3/2023 at 9:00 AM before Honorable Judge Myron H. Thompson. The November 3 status conference will focus solely on the correctional-staffing and RHU safe-functioning proposals that will be submitted on 10/27/2023. The December 8 status conference remains as scheduled as to all other matters. Second, the last scheduling order held in abeyance two interlocking monitoring-related issues as further set out in the order. See Statu s Report (Doc. [4046) at 3. By way of this order (formatted below), the court adopts that briefing schedule in whole and as further set out in the order. Accordingly, it is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set out further in the order. Signed by Honorable Judge Myron H. Thompson on 10/12/2023. Furnished calendar, AG, LW. (dmn, )
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Filing
4051
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: Based on discussions had on-the-record during the status conference held on 10/11/2023, and in light of the court's granting of the joint motion to extend (Doc. 4047 ), it is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below; Status Conference previously set for 11/21/2023 is RESET for 12/8/2023, at 9:00 AM, before Honorable Judge Myron H. Thompson, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 10/11/2023. (Furnished: Calendar, AG, & LW) (WCL)
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Filing
4049
ORDER: It is ORDERED that the 4047 joint motion for extension of time to file a joint proposal is granted generally; At the status conference on 10/11/2023, the court will discuss resetting any deadline or deadlines in light of this granted motion. Signed by Honorable Judge Myron H. Thompson on 10/6/2023. (amf, )
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Filing
4041
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: Upon consideration of the parties' 4030 joint motion for extension of time to submit joint status report on Phase 1 ADA Consent Decree a nd their oral motion made on the record during the status conference held on 9/20/2023, to continue the 10/2/2023, status conference, it is ORDERED that both motions are granted and the deadlines and dates for the Phases 1 and 2A remedy scheduling or der for the ADA and Eighth Amendment claims remain and are revised as set forth below; Status Conference previously set for 10/2/2023 is RESET for 10/11/2023, at 9:00 AM, before Honorable Judge Myron H. Thompson, as further set out in order. (Furnished: Calendar, AG, & LW) (Terminated: Status Conference for 10/2/2023)(amf, )
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Filing
4040
OPINION ON PHASE 1 ADA ALTERATIONS TO FRANK LEE CENTER: Because the plaintiffs are satisfied with Frank Lee's present ADA compliance and the ADOC's commitment to keep Frank Lee ADA compliant, and because ADAP will continue monitoring this issue, the court will take no further action at this time regarding the ADA aspects of this case concerning the Frank Lee Community Based Facility/Community Work Center. Signed by Honorable Judge Myron H. Thompson on 9/21/2023. (amf, )
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Filing
4031
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: It is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and a re revised as set forth below: Status Conference presently set for 11/17/2023 is RESET for 11/21/2023, at 9:00 AM, before Honorable Judge Myron H. Thompson, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/15/2023. (Furnished: Calendar, AG, & LW)(amf, )
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Filing
4029
OPINION AND ORDER ON MONITORING: it is ORDERED that: 1) The parties shall, by 5:00 p.m. on 11/17/2023, jointly file the EMT's finalized proposed versions of the performance measures and audit tools; The parties should docket a pdf version in the record and submit a Word version to the court's proposed order box; 2) If the plaintiffs have any unresolved objections to the performance measures/audit tools, the plaintiffs shall, by 5:00 p.m. on 11/17/2023, file line-by-line redlined ver sions of the EMT's finalized proposed performance measures and audit tools; The redlines should include all proposed modifications to the EMT's proposed finalized versions of the performance measures and audit tools; 3) If the defendants ha ve any unresolved objections to the performance measures/audit tools, the defendants shall, by 5:00 p.m. on 11/17/2023, file line-by line redlined versions of the EMT's finalized proposed performance measures and audit tools; The redlines should include all proposed modifications to the EMT's proposed finalized versions of the performance measures and audit tools; 4) The parties' redlined versions of the EMT's proposed finalized versions of the performance measures and audit tools should be formatted the same, that is, the redlining system used by the parties should be consistent so that all parties can clearly compare the versions and understand the exact areas of disagreement; 5) The parties shall file, by 5:00 p.m. on 9/28/2023, their proposal or proposals as to what the court's resolution procedure should look like concerning disagreements about the performance measures/audit tools, including the issues outlined in this opinion; 6) The parties shall file, b y 5:00 p.m. on 9/28/2023, their list of monitoring-related issues that the court can take up, and potentially resolve, before 11/17, as well as a proposal or proposals on how to resolve those issues before 11/17; 7) A status conference, by Zoom, is s et on 10/2/2023, at 9:00 a.m. to discuss the status of the pre-monitoring phase; how to proceed on any unresolved objections to the performance measures and/or audit tools; and what monitoring-related issues the court may be able to take up, and pote ntially resolve, before 11/17; 8) Because the pre-monitoring phase is now operating under a new timeline, the parties are no longer required to file the remaining joint reports outlined by the court's previous order (Doc. 3988 ). Signed by Honorable Judge Myron H. Thompson on 9/14/2023. (Furnished: Calendar, AG, & LW) (amf, )
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Filing
4016
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: it is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and a re revised as set forth below; Status Conference set for 8/29/2023 is RESET for 8/31/2023, at 8:30 AM, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 8/28/2023. (Furnished: Calendar, AG, & LW) (Terminated: Status Conference for 8/29/2023)(amf, )
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Filing
4015
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: it is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below; Status Conference previously set for 8/23/2023 is RESET for 8/29/2023 08:30 AM. Signed by Honorable Judge Myron H. Thompson on 8/23/2023. (Furnished: Calendar, AG, & LW)(amf, )
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Filing
4005
ORDER: It is ORDERED that the parties' 4004 joint motion for extension of time is granted and that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA/ and Eighth Amendment claims remain and are revised as se t forth below; Status Conference presently set for 8/9/2023 at 8:30 AM is RESET to 8/23/2023, at 8:30 AM, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/31/2023. (Furnished: Calendar, AG, & LW) (Terminated: Status Conference for 8/9/2023)(amf, )
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Filing
3998
ORDER AS TO THE QUARTERLY MENTAL-HEALTH STAFFING REPORTS: it is ORDERED that, within seven days of the filing of each new quarterly mental-health-staffing report, the parties are to file a joint "mental-health-staffing trends" report tha t: 1) summarizes the data in the new quarterly report; 2) states the net increase or decrease in total mental-health staffing relative to the prior report in both raw numbers and as a percentage; 3) states whether the report reflects a rate of progre ssion that places the ADOC on track to meet the forthcoming 6/1/2025, mental-health-staffing deadline; 4) states any other retrospective trends and forward-looking prognosis the report indicates; and 5) brings to the court's attention any other relevant information revealed by the report; This order applies to the mental-health staffing reports under the current formatting and all, if any, future formatting. Signed by Honorable Judge Myron H. Thompson on 7/19/2023. (amf, )
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Filing
3994
ORDER AS TO THE QUARTERLY CORRECTIONAL STAFFING REPORTS: it is ORDERED that: 1) The parties should file a status report on 8/3/2023, at to the EMT's progress on evaluating the adequacy of the quarterly correctional staffing reports, including whether the EMT's performance measures touch on this issue; 2) The parties should be prepared to discuss the above report, and the adequacy of the formatting of the correctional staffing reports generally, at a status hearing now set for 8/9/20 23, at 8:30 a.m.; 3) Within seven days of the filing of each new quarterly correctional staffing report, the parties are to file a joint "Correctional Staffing Trends" report, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/17/2023. (Furnished: Calendar, AG, & LW)(amf, )
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Filing
3992
ORDER AS TO LAPSED PHASE 1 ADA ALTERATION DEADLINES: it is ORDERED as follows: 1) With regard to the lapsed deadline (1/1/2023) for alterations to the Birmingham Community Based Facility/Community Work Center, the parties should complete mediation and file a status report on 9/15/2023, as to how they plan to proceed on this issue; 2) With regard to the lapsed deadline (1/1/2023) for alterations to the Frank Lee Community Based Facility/Community Work Center, the court understands that these a lterations are "folded into" the efforts to "update the transition plan" given that the Frank Lee Center is set to close upon completion of the new Elmore Facility; however, the plaintiffs are to file a report on 9/15/2023, as to whether the inmates with disabilities at the Frank Lee Center are receiving, and will continue to receive, the appropriate ADA accommodations until the facility closes; 3) With regard to the lapsed deadline (5/31/2023) for alterations to William E. D onaldson Correctional Facility, the parties should complete mediation and file a status report on 9/15/2023, as to how they plan to proceed on this issue; 4) The parties should be prepared to discuss the above reports at the status conference on 9/20/2023, at 9:00 a.m. Signed by Honorable Judge Myron H. Thompson on 7/14/2023. (amf, )
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Filing
3989
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: It is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below, as further set out in Order. Signed by Honorable Judge Myron H. Thompson on 7/13/2023. (Furnished: Calendar, AG, & LW)(am, )
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Filing
3988
ORDER ON THE STATUS OF THE EMT AND THE EMT'S PRE-MONITORING PHASE TIMELINE: it is ORDERED that: 1) The parties should be prepared to discuss the status of the EMT at the status conference on 7/14/2023, at 9:00 a.m.; 2) The parties shall by 5: 00 p.m. on 8/3, 10/3, and 11/3/2023, jointly file reports addressing the status of the EMT's pre-monitoring phase timeline, including whether the most recent pre-monitoring deadline has been met, and if not, why not. Signed by Honorable Judge Myron H. Thompson on 7/12/2023. (amf, )
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Filing
3984
ORDER: It is ORDERED that the global status conference, set for 7/7/2023, at 9:00 a.m. is reset for 7/14/2023 at 9:00 a.m. by videoconferencing. Signed by Honorable Judge Myron H. Thompson on 7/5/2023. (Furnished: Calendar, AG, & LW) (Terminated: status conference for 7/7/2023)(amf, )
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Filing
3922
ORDER ON UPDATED STAFFING ANALYSIS: it is ORDERED that the parties are to file, by 5:00 p.m. on 2/24/2023, a joint report addressing the status of mediation as to the adequacy of the 2022 Correctional Staffing Report (Doc. 3849 ), and including any agreed upon modifications to that analysis. Signed by Honorable Judge Myron H. Thompson on 2/16/2023. (amf, )
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Filing
3886
ORDER ON INTERNAL MONITORING TEAM: it is ORDERED that: 1) By noon on 1/3/2023, the parties should file a report indicating the status of the IMT, including whether it has been established or is being established, who its members are, what its role is in this litigation, and any other relevant information; 2) The parties should be prepared to discuss the IMT at the status conference on 1/4/2023, at 8:00 a.m. Signed by Honorable Judge Myron H. Thompson on 12/28/2022. (amf, )
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Filing
3884
ORDER: it is ORDERED that: 1) By noon on 1/3/2023, the parties should file a report indicating who these experts are, what their duties are, and what, if anything, their role will be in this litigation; 2) The parties should be prepared to discuss these experts at the status conference on 1/4/2023, at 8:00 a.m. Signed by Honorable Judge Myron H. Thompson on 12/27/2022. (amf, )
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Filing
3875
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A 3872 EIGHTH AMENDMENT CLAIM: It is ORDERED that the defendants' 3872 motion to reset is granted, and that the deadlines and dates for the Phases 1 and 2A reme dy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below; Status Conference previously set for 12/14/2022 at 9:00 am is RESET for 1/4/2023, at 08:00 AM, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 12/2/2022. (Furnished: Calendar & AG) (Terminated: Status Conference for 12/14/2022) (amf, )
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Filing
3869
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: It is ORDERED that the dfts' and plfs' motions for extension of time (Doc. 3857 & Doc. 3867 ) are granted, and that based on the m otions and the representations made at the triannual status conference on 11/7/2022, the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 11/28/2022. (furn: calendar, ag, Video Conference) (Converted Oral Argument to Status Conference for 12/14/2022 and 2/10/2023) (wcl, )
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Filing
3824
PHASE 2A ORDER DENYING MOTION TO INTERVENE: it is ORDERED that Troy Connell's 3633 motion for leave to intervene is denied; further ORDERED that his 3655 request for judicial notice is denied; The court finds that the request is moot; Even if granted, intervention would still be unwarranted. Signed by Honorable Judge Myron H. Thompson on 10/17/2022. (amf, )
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Filing
3822
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: it is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below, as further set out in Order. Signed by Honorable Judge Myron H. Thompson on 10/11/2022. (Furnished: Calendar, AG, & Video)(am, )
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Filing
3795
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: it is ORDERED that the court adopts the parties' proposals (Doc. 3791 & Doc. 3794 ) and that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/8/2022. (wcl, )
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Filing
3793
ORDER: it is ORDERED that: (1) The parties are to clarify whether their 3791 joint filing was intended to address both (i) ensuring the safe functioning of the RHUs (through any appropriate measures despite current levels of correctional staffin g), pursuant to Doc. 3763 , and (ii) a plan to address and assess ADOC correctional staffing levels, pursuant to Doc. 3764 ; (2) In any event, the parties are to explain specifically their joint proposal of a schedule to mediate the issue of how to enable "the safe functioning of ADOC's RHUs" in light of ADOC's current levels of correctional staffing; (3) The parties are to respond to this order in a joint filing by noon on 9/8/2022. Signed by Honorable Judge Myron H. Thompson on 9/7/2022. (wcl, )
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Filing
3788
ORDER TO EXTEND COURT SUPERVISION AND MONITORING OF THE PHASE 2A ADA CONSENT DECREE: it is ORDERED that the 3765 motion is granted; Furthermore, pursuant to the joint agreement of the parties, it is ORDERED that the following conditions shall apply, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/1/2022. (amf, )
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Filing
3781
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: It is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and are revised as set forth below, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 8/30/2022. (amf, )
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Filing
3776
ORDER: It is now ORDERED that the parties submit proposed findings of fact and any relevant evidence in support of that proposition, such that the court can conduct an independent assessment as to the requested extension's compliance with the requirements of the Prison Litigation Reform Act; The parties shall submit such findings and evidence to the court in a joint filing by 8:00 A.M. on 8/30/2022. Signed by Honorable Judge Myron H. Thompson on 8/29/2022. (amf, )
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Filing
3773
REVISED REMEDY SCHEDULING ORDER ON PHASE 1 AND PHASE 2A ADA CLAIMS AND PHASE 2A EIGHTH AMENDMENT CLAIM: it is ORDERED that the deadlines and dates for the Phases 1 and 2A remedy scheduling order for the ADA and Eighth Amendment claims remain and a re revised as set forth below; Status Conference set for 9/22/2022 at 9:00 AM, by videoconference before Honorable Judge Myron H. Thompson; Joint Status Report due by 8/5/2022, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 8/23/2022. (Furnished: Calendar & AG)(amf, )
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Filing
3764
ORDER ON MEDIATION OF PLANS TO ADDRESS CORRECTIONAL STAFFING LEVELS: it is ORDERED that, by 8/23/2022, at 5:00 p.m., the parties shall file with the court a joint proposal on a schedule to mediate the issues identified above regarding the development of a plan to address ADOC's correctional staffing levels and a method to assess and reassess over time the effectiveness of the steps taken pursuant to that plan. Signed by Honorable Judge Myron H. Thompson on 8/22/2022. (amf, )
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Filing
3757
ORDER ON REPORTING THE STATUS OF THE UPDATED CORRECTIONAL STAFFING ANALYSIS: it is ORDERED that: (1) The court adopts the plfs' 3611 proposal for reporting progress on the updated correctional staffing analysis; (2) Until the dfts have comp leted the update to the 2018 correctional staffing analysis, the dfts shall file, on the first non-court-holiday business day of each month (beginning in September), a report on their progress in updating the correctional staffing analysis, using the attached tables on systemwide and facility-specific steps. Signed by Honorable Judge Myron H. Thompson on 8/18/2022. (Attachments: # 1 Attachment Tables on systemwide and facility-specific steps)(wcl, ) Modified on 8/18/2022 to correct a clerical error in the docket text to reflect the correct name of the order (wcl, ).
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Filing
3667
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: It is ORDERED that the deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim remain and are revised as set forth below, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/20/2022. (es, )
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Filing
3665
ADA ORDER: It is ORDERED that, with regard to the "Order on ADA Aspects of the Case" (Doc. 3480 ), the triannual ADA status conference, now set for 8/12/2022, is reset for 8/15/2022, at 2:30 p.m.; The parties are reminded of their obligation to file reports before the status conference, as set forth in said order. Signed by Honorable Judge Myron H. Thompson on 7/19/2022. (es, )
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Filing
3658
ORDER: it is ORDERED that: (1) The position of psychiatrist on the external monitoring team shall be filled by Dr. Donald Raymond Reeves, Jr, as further set out in order; (2) The court's prior appointments of the other members of the external monitoring team remain in place: Dr. Elizabeth Falcon in the role of psychologist; and Mr. Rick Raemisch in the role of correctional administrator, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/8/2022. (wcl, )
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Filing
3557
ORDER: it is ORDERED that (1) the dfts are to continue submitting the SMI reports in their current format and (2), on or before 6/1/2022, the parties are each to submit a proposal on how to proceed on the issue of revising the reports. Signed by Honorable Judge Myron H. Thompson on 4/20/2022. (wcl, ) (Main Document 3557 replaced on 4/20/2022 to attach the correct PDF document immediately after submission of docket entry) (wcl, ). Modified on 4/20/2022 (wcl, ).
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Filing
3555
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: it is ORDERED that the deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim remain and are revised as set forth below, as further set out in order; Triannual Status Conference set for 5/13/2022 @ 08:00 AM by video conference before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 4/19/2022. (Furnished: Calendar & AG)(am, )
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Filing
3554
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: it is ORDERED that the deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim remain and are revised as set forth below, as further set out in order; Joint Status Report due by 4/25/2022. Signed by Honorable Judge Myron H. Thompson on 4/13/2022. (wcl, )
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Filing
3540
ORDER: it is ORDERED as follows: (1) Dr. Jacqueline Feldman's resignation from the external monitoring team (EMT) is accepted, as further set out in order; (2) By 5:00 p.m., on 4/1/2022, the parties are to file a report indicating whether the y have agreed on a person to replace Dr. Feldman as the team's psychiatrist, and, if so, who that person is. In the meantime, the parties are encouraged to mediate this issue with Judge John Ott. Signed by Honorable Judge Myron H. Thompson on 3/15/2022. (wcl, )
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Filing
3526
OPINION AND ORDER ON STAY MOTION: it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The dfts' 3489 motion to stay the Phase 2A omnibus remedial order pending their interlocutory appeal is granted to the extent that the court stay s 2.1.7.1-2.1.7.2 and 3.1.3 of the 3464 Phase 2A Omnibus Remedial Order insofar as that those provisions require RHU cells to comply with the Hayes checklist and be checked for compliance with the Hayes checklist. The court grants this stay with th e hope that it will have the opportunity to take up the issue of relief regarding dangerous conditions in ADOC's RHU cells due to chronic understaffing with the urgency that said issue compels; (2) Said motion is denied in all other respects. Signed by Honorable Judge Myron H. Thompson on 2/14/2022. (wcl, )
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Filing
3504
ORDER: it is ORDERED that the 3489 motion to stay is to be briefed as follows: the plfs are to file a response by February 3, 2022, at 5:00 p.m.; the dfts are to file a reply by February 7, at 5:00 p.m.; and the court shall resolve the motion by February 14; further ORDERED that the deadlines in the 3464 omnibus remedial order that fall between now and February 14, 2022, are suspended pending resolution of the stay motion; In their filings, the parties should address how the court should reset those deadlines, as well as any other deadlines that may need to be reset. Signed by Honorable Judge Myron H. Thompson on 1/27/2022. (wcl, )
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Filing
3487
ORDER denying as moot 3391 Motion to Strike 3391 MOTION to Strike plaintiffs' report regarding deaths since 5/24/2021, and accompanying exhibits. Signed by Honorable Judge Myron H. Thompson on 1/22/2022. (djy, )
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Filing
3480
ORDER ON ADA ASPECTS OF THE CASE directing that the court will not at this time take further action regarding the ADA aspects of this case; the court understands that the parties will resort to the ADA consent decrees' dispute resolution proc ess if and when that is appropriate; furthermore, so that the ADA aspects of this case do not fall through the cracks, it is ORDERED that: (1) additional Status Conferences are set for 9:00 a.m. on the following dates: 5/13/2022, 8/12/2022, 11/10/2 022, 2/10/2023, 7/7/2023, 11/17/2023, 2/9/2024, 7/12/2024, 11/22/2024, and 2/7/2025 @ 9:00 AM before Honorable Judge Myron H. Thompson; (2) Ten business days before each additional status conference, the parties are to submit separate reports g iving an overview of what progress has been made, or not made; what steps, if any, they suggest should be taken; and any other specific issues the parties would like to be discussed; (3) The courtroom deputy is to arrange for all these status confere nces to be conducted by videoconferencing. The intent of the court is to hold these additional triannual ADA status conferences in tandem with the additional triannual status conferences set by the court on 12/28/2021 (Doc 3467 ), for the Phase 2A Eighth Amendment Claim. Signed by Honorable Judge Myron H. Thompson on 1/14/2022. Furnished to calendar group, AG & Videoconference.(djy, )
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Filing
3467
ORDER directing that: (1) a Status Conference is set for 1/7/2022 @ 9:00 AM before Honorable Judge Myron H. Thompson, to discuss (a) the status of the ADA Phase of the litigation and (b) next steps to take in light of the Phase 2A Omnibus Remedial Opinions and Order entered on December 27 and 28, 2021 (Doc. 3461 , Doc. 3462 , Doc. 3463 , Doc. 3464 , and Doc. 3465 ). Two business days before this conference the parties are to submit separate reports on these two issues; (2) addit ional status conferences to discuss the status of implementation of said opinions and order are set for 9:00 a.m. on the following dates: 5/13/2022, 8/12/2022, and 11/10/2022; 2/10/2023, 7/7/2023, 11/17/2023; 2/9/2024, 7/12/2024 and 11/22/2024; an d 2/7/2025; (3) ten business days before each additional status conference, the parties are to submit separate reports giving an overview of what progress has been made, or not made; what steps, if any, they suggest should be taken; and any other s pecific issues the parties would like to be discussed; (4) the courtroom deputy is to arrange for all these status conferences to be conducted by ZOOM. Signed by Honorable Judge Myron H. Thompson on 12/28/2021. Furnished to calendar group, AG & Video conference group).(djy, )
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Filing
3464
PHASE 2A OMNIBUS REMEDIAL ORDER: In accordance with the three remedial opinions entered today, it is the ORDER, JUDGMENT, and DECREE of the court that dfts Jefferson S. Dunn and Deborah Crook, in their official capacities, are ENJOINED and RESTRAI NED from failing to do the following, as further set out in order; This order is not final and remains open in that the parties must still submit proposals for further and/or different relief and monitoring may warrant consideration and reconsideration of issues; The court also retains jurisdiction. Signed by Honorable Judge Myron H. Thompson on 12/27/2021. (wcl, )
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Filing
3445
ORDER, because the court neglected to give the plaintiffs an opportunity to respond to ADOC's consultants' "written clarification," see Order (Doc. 3442 ), it is ORDERED that the plaintiffs have until 12/10/2021, at 5:00 p.m., to respond. Signed by Honorable Judge Myron H. Thompson on 12/2/2021. (djy, )
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Filing
3442
ORDER directing that ADOC's consultants are to submit to ADOC a written clarification of whether they intended the term "Qualified Mental Health Professional," as used in their staffing ratios, to exclude registered nurses or any of the other categories of professionals named by the plaintiffs or ADOC in their proposed definitions of the term, and ADOC is to file that written clarification with the court, all by12/8/2021, at 5:00 p.m., as further set out in order. Signed by Honorable Judge Myron H. Thompson on 12/1/2021. (djy, )
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Filing
3390
ORDER denying 3389 Motion for Leave to File Supplemental Evidence, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 8/9/2021. (wcl, )
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Filing
3362
ORDER: Based on the representations made on the record during the status conference on 7/21/2021, it is ORDERED that the plfs' 3354 motion to strike and the dfts' 3356 motion for extension of time are denied as moot, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/21/2021. (wcl, )
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Filing
3352
ORDER, upon review of the parties' briefs regarding thecourt's authority to grant relief regarding correctional and mental-health staffing, it is ORDERED that the court will consider modifications to the understaffing remedial order (Doc. 1657 ) in the course of resolving the issuespresented in the Phase 2A omnibus remedial hearings, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/16/2021. (djy, )
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Filing
3348
ORDER: Based on the plfs' representation in their 3345 response to the 3334 dfts' list of exhibits from 7/5/2021 that they do not object to the admission of those exhibits, it is ORDERED that the exhibits at issue are admitted; Couns el for the parties are reminded to confer with the courtroom deputy forthwith to confirm that the record correctly reflects which exhibits have been admitted during the hearing, from the beginning to the end. Signed by Honorable Judge Myron H. Thompson on 7/15/2021. (wcl, )
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Filing
3337
ORDER: The court previously ordered that plfs are to file an updated version of their proposed omnibus remedial order that is reorganized to eliminate duplication by 5:00 p.m. on 7/15/2021. See Order (Doc. 3333 ). Based on the representations made on the record during the conference call on 7/12/2021, it is ORDERED that the plfs' updated proposed order will now be due by 5:00 p.m. on 7/13/2021. Signed by Honorable Judge Myron H. Thompson on 7/13/2021. (wcl, )
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Filing
3333
ORDER: During the omnibus remedial hearing on 7/9/2021, the court requested that the parties file with the court briefs on several additional topics, all of which are due by 5:00 p.m. on 7/15/2021; The plfs are to file an updated version of their proposed omnibus remedial order that is reorganized to eliminate duplication and suggestions regarding potential benchmarks for correctional staffing; The dfts are to file a final proposal on correctional staffing, to include a description of the age ncy staffing unit and the unit head role, a discussion of how the unit head will work with the Savages, and estimated dates by which ADOC believes it can create this unit and staff the unit head position; In addition, both parties are to file briefs discussing whether the court has the legal authority to grant both the relief that they are requesting on staffing and the relief being requested by the other party; These briefs should address both mental-health and correctional staffing, and they should also address what would happen if the court decides not to take any additional action on staffing. Signed by Honorable Judge Myron H. Thompson on 7/9/2021. (wcl, )
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Filing
3303
ORDER: it is ORDERED that by 5:00 p.m. on 6/30/2021, the parties shall each file a proposal for how to incorporate the EMT into the remaining portion of the omnibus remedial hearing. Signed by Honorable Judge Myron H. Thompson on 6/22/2021. (wcl, )
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Filing
3297
ORDER: it is ORDERED as follows: (1) The plfs' 3261 motion to strike is denied as moot; (2) The plfs' 3231 motion in limine is denied as moot; (3) The court's previous 3256 order for a Daubert hearing regarding dfts' expe rt Greg Schumann is vacated, and the plfs' 3232 Daubert motion to strike is denied as moot; (4) The plfs' 3272 objection to newly disclosed witnesses is denied as moot; (5) Based on the plfs' representation that they have withdrawn all the exhibits from 5/24/2021, through 6/4/2021, to which the dfts objected, the dfts' 3282 objections to those exhibits are overruled as moot; (6) Based on the plfs' representation that the parties have agreed to the admission of the exhibits listed in Exhibit A of the plfs' amended statement (Doc. 3295 -1), those exhibits are admitted. Signed by Honorable Judge Myron H. Thompson on 6/16/2021. (wcl, )
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Filing
3275
ORDER: it is ORDERED that: (1) The psychological autopsies will be considered confidential and subject to the court's 266 protective order; (2) The court will determine on a case-by-case basis whether documents related to or underlying the psychological autopsies contain self-critical analysis and should be treated as confidential; (3) Tomorrow morning, the court plans to take up the question of whether the exhibits about which dfts have already raised an objection (Plfs' Exhibits 3267 and 4119) should be treated as confidential; The parties should be prepared to discuss whether each exhibit contains self-critical analysis. Signed by Honorable Judge Myron H. Thompson on 6/8/2021. (wcl, )
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Filing
3267
ORDER: For the foregoing reasons, and based on both parties' agreement to this resolution of the issues raised by the dfts' 3250 objections, it is ORDERED that the objections are overruled, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/7/2021. (wcl, )
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Filing
3255
ORDER that by 5:00 p.m. on 6/7/2021, the parties are each to file with the court a summary of their arguments about whether these underlying documents should be considered confidential, citing case law and this court's own prior orders. The c ourt is particularly concerned about whether, if it were to find that these documents are confidential, that same principle would encompass nearly all the documents produced by Wexford and ADOC. The parties should address this concern and explain what limiting principle, if any, would apply, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/3/2021. (djy, )
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Filing
3078
OPINION AND ORDER ON A PROCESS FOR FINALIZING THE PHASE 2A REMEDIAL ORDERS directing that: (1) By 5:00 p.m. on 1/15/2021, the parties should file a joint discovery plan tailored to developing their proposals for the omnibus remedial order desc ribed above. This discovery should include evidence of current conditions in ADOC facilities, including the effects of COVID-19. The plan should initially limit discovery to methods that avoid on-site inspections, but it should provide a process for the parties to request that the court order site visits during the course of discovery if such visits become necessary; (2) By 5:00 p.m. on 4/21/2021, the plaintiffs should file their proposed omnibus remedial order, as described above; (3) By 5:00 p.m. on 5/5/2021, the defendants should file in response their proposed omnibus remedial order. The plaintiffs will have until 5:00 p.m. on 5/12/2021, to reply to the defendants' proposed order; (4) The court will hold a Pretrial Conference w ith the parties regarding their proposed omnibus remedial orders at 10:00 a.m. on 5/17/2021 before Honorable Judge Myron H. Thompson, by videoconferencing; (5) an Evidentiary Hearing on the parties' proposed omnibus remedial orders will begin at 10:00 a.m. on 5/24/2021 before Honorable Judge Myron H. Thompson; the court will determine later whether the hearing will be in person, by videoconferencing, or a combination of both. Signed by Honorable Judge Myron H. Thompson on 12/29/2020. Furnished to calendar group & AG.(djy, )
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Filing
3034
ORDERED that: (1) By 12:00 p.m. on October 21, 2020, the defendants are to file with the court an explanation of whether, under their proposal, the plaintiffs would have the opportunity to conduct site visits during the process of compiling their proposed omnibus remedial order, as further set out. (2) By 12:00 p.m. on October 21, 2020, the plaintiffs are to file with the court an explanation of whether, under their first proposal, they would request site visits, and whether, under their second proposal, they anticipate that Drs. Burns and Perrien would engage in site visits while developing their report and recommendations. Signed by Honorable Judge Myron H. Thompson on 10/20/2020. (kh, )
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Filing
3030
ORDER: Pursuant to the court's order of October 14, 2020 (doc. no. 3024 ), it is ORDERED that the list of ADOC facilities to be remediated under Phase 2 of the modified ADA consent decree as disclosed in the joint statement filed on October 16, 2020 (doc. no. 3029 ), is confirmed and resolves the disclosure issue. Signed by Honorable Judge Myron H. Thompson on 10/19/2020.(kh, )
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Filing
3023
ORDER: Based on the representations made on the record during the status conference on October 14, 2020, it is ORDERED that ADAP counsel are to furnish copy of the letter referenced in the notice to the court (doc. no. 3015 ) to counsel for both parties, but need not furnish a copy to the court. Signed by Honorable Judge Myron H. Thompson on 10/14/2020. (kh, )
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Filing
2984
PHASE 2A OPINION AND ORDER ON GOOD CAUSE: Accordingly, it is ORDERED that: (1) The plaintiffs' motion to postpone the stay (doc. no. [2980[) is granted. The automatic stay of the orders identified in the defendants' motion to terminate d oc. no. 2924 ) will be postponed by 60 days under 18 U.S.C. 3626(e)(3). (2) The orders that are identified in the motion to terminate and that are properly subject to that motion will be stayed on November 29, 2020, unless the court finds before then that the relief meets the requirements of 18 U.S.C. 626(b)(3). Signed by Honorable Judge Myron H. Thompson on 9/24/2020. (kh, )
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Filing
2977
PHASE 2A OPINION AND ORDER REGARDING LONG-TERM SUICIDE PREVENTION STIPULATIONS: Accordingly, it is ORDERED that the motion to terminate will be denied as to the order on the long-term suicide-prevention stipulations (doc. nos. 2699 & 2699 -1). The court will determine at a later date how and when to make PLRA findings on those stipulations under 3626(a)(1)(A). Signed by Honorable Judge Myron H. Thompson on 9/23/2020. (kh, )
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Filing
2968
ORDER directing that: (1) The parties are each to file a summary recounting their recollection of what they each said during the September 17 conference call regarding each of the issues set forth above. The parties are also to indicate whether th ey have any objection to the hearings on the inpatient treatment and segregation-like issues being continued generally; (2) These summaries are due on 9/21/2020, at 9:00 a.m.; (3) Each of the parties may also file a response and supplement to their recollection after these summaries are filed. Any response to the summaries is due on 9/23/2020, at 9:00 a.m., as further set out in order Signed by Honorable Judge Myron H. Thompson on 9/18/2020. (djy, )
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Filing
2954
OPINION AND ORDER REGARDING THE "CURRENT AND ONGOING VIOLATION" ISSUE: Accordingly, it is ORDERED that the above understanding of 18 U.S.C. 3626(a) 1)(A) shall govern the upcoming hearings. Signed by Honorable Judge Myron H. Thompson on 9/14/2020. (kh, )
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Filing
2915
PHASE 2A OPINION AND ORDER ON MONITORING OF EIGHTH AMENDMENT REMEDY: Therefore, it is ORDERED as follows: (1) The monitoring scheme, as described above, is adopted as the order of the court. (2) The court will, over time, issue a series of orders to enforce this monitoring scheme, beginning with an order for the selection and appointment of members of the external monitoring team. Signed by Honorable Judge Myron H. Thompson on 9/2/2020. (kh, )
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Filing
2864
ORDER APPOINTING ARBITRATOR: Accordingly, it is ORDERED as follows: (1) Magistrate Judge Stephen M. Doyle is appointed as arbitrator for disputes arising out of the Phase 1 consent decree (doc. no. 728 ) and Phase 2A ADA consent decree (doc. no. 1291 ). The clerk of the court is to add Judge Doyle as an interested party to this Braggs litigation. (2) The clerk of court is to file a copy of this order in In re: Patrick Joseph Charest Request for Arbitration in the Braggs litigation, No. 19-misc-3852, where Judge Doyle is to serve as the arbitrator. The clerk of the court is to add Judge Doyle as an interested party to the Charest proceeding too. Signed by Honorable Judge Myron H. Thompson on 7/7/2020. (kh, )
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Filing
2859
PHASE 2A ORDER TO MEDIATE ON ISSUE OF CORRECTIONAL STAFFING: Accordingly, it is ORDERED as follows: (1) The parties are to mediate immediately with Magistrate Judge John Ott on the issue of correctional staffing, including but not limited to the s pecific issues detailed above. (2) The parties are to file a brief, either jointly or separately, by noon on Monday, July 27, 2020, updating the court as to (a) which disputes, if any, have been resolved and, if so, how; and (b) which disputes, if any, remain for this court to address. Signed by Honorable Judge Myron H. Thompson on 7/2/2020. (kh, )
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Filing
2856
ORDER FOR REPLACEMENT ARBITRATOR: This court recently terminated Magistrate Judge John Ott as a judge in this case upon his retirement. See Order (doc. no. 2837 ). Judge Ott had previously served in multiple roles, including as arbitrator of disp utes arising out of consent decrees resolving claims brought under the Americans with Disabilities Act, 42 U.S.C. 12131, et seq. and 504 the Rehabilitation Act of 1973, 29 U.S.C. 794, et seq. The parties specifically named Judge Ott as the arbitrato r in the Phase 1 consent decree (doc. no. 728 )and agreed to use the same dispute resolution process in the Phase 2A consent decree (doc. no. 1291 ). Further, the court understands that there is one such arbitration currently pending. See Order (do c. no. 6 ), In re: Patrick Joseph Charest Request for Arbitration in the Braggs Litigation, No. 19-misc-3852, as further set out in order. Accordingly, it is ORDERED as follows: (1) The parties are to meet and confer on whether they can agree upon a replacement arbitrator. (2) The parties are to file, by noon on July 6, 2020, a joint statement updating the court as to whether there is an agreement for a replacement arbitrator and, if so, who that person is. (3) If there is no agreement, the par ties are allowed until noon on July 6, 2020, to petition the court to choose and appoint a replacement arbitrator in accordance with the process set forth in the Phase 1 Consent Decree (doc. no. 728 ). The clerk of the court is to furnish a copy of this order to Magistrate Judge John Ott. Signed by Honorable Judge Myron H. Thompson on 6/26/2020. (kh, )
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Filing
2834
PHASE 2A ORDER ON CORRECTIONAL STAFFING TREND: This court has now reviewed the latest quarterly staffing report (doc. nos. 2823 -1 and 2829 -1) in light of all previously filed quarterly staffing reports. Accordingly, it is ORDERED as follows: ( 1) The defendants are to file, by noon on 6/12/2020, a response that includes the following: (a) The defendants should confirm whether the court's calculations are correct. (b) Regardless of whether the court's calculations are correct or s imply the overall picture is as depicted, the defendants should explain how they plan to meet the February 20, 2022, deadline. (2) The plaintiffs are to file, by noon on June 19, 2020, a reply, if any, to the defendants' response. Signed by Honorable Judge Myron H. Thompson on 6/8/2020. (dmn, )
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Filing
2824
PHASE 2A OPINION AND ORDER ON NEXT STEPS FOR A PROCESS TO IDENTIFY FUNCTIONAL SEGREGATION, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/1/2020. (kh, )
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Filing
2822
PHASE 2A INPATIENT TREATMENT REMEDIAL OPINION AND ORDER: Therefore, with regard to inpatient mental-health treatment and as discussed and outlined above, it is ORDERED that, on or before 5:00 p.m. on July 1, 2020, the defendants, with input from t heir experts, are to submit the following to the court: (1) a plan to ensure the creation of more and adequate inpatient treatment beds; (2) a plan to ensure the creation of more and adequate treatment space; (3) a plan to make all SU cells suicide-resistant; and (4) a plan to manage high temperatures for patients on psychotropic medication, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/29/2020. (kh, )
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Filing
2795
PHASE 1 ORDER REGARDING TELECONFERENCE ON PROPOSED ADA MODIFICATIONS: Accordingly, it is ORDERED that the ADA fairness hearing remains as set, to be conducted by teleconference, since the inmate comment forms were processed in a timely manner and the court does not desire to hear oral testimony from class members. Signed by Honorable Judge Myron H. Thompson on 4/1/2020. (furn; ag, calendar)(kh, )
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Filing
2793
PHASE 2A ORDER AND INTERIM INJUNCTION WITH REGARD TO THIRTEEN STIPULATIONS AND ASSOCIATED ORDERS: This court previously found, based on a joint agreement of the parties, that 13 of the parties' stipulations, separately and in conjunction with all other relief so far in this case, temporarily met the requirements of the Prison Litigation Reform Act (PLRA), 18 U.S.C. 3626(a)(1)(A)as further set out. Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that defendants Jefferson D unn and Ruth Naglich are ENJOINED and RESTRAINED from failing to comply with the following orders, as identified by the parties, until this court enters an opinion regarding their compliance with the PLRA or until December 30, 2020, whichever is earl ier: (1) Order Re: Segregation Remedy (doc. no. 1720 ); and (2) Order and Injunction Re: Bibb Segregation Remedy (doc. nos. 1751 & 1751 1); and (3) Order and Injunction on Mental-Health Identification and Classification Remedy (Coding) (doc. nos. 1792 & 1792 -1); and (4) Order and Injunction on Mental-Health Identification and Classification Remedy (Intake)(doc. nos. 1794 & 1794 -1); and (5) Order and Injunction on Segregation Remedy (Pre-Placement, Mental-Health Rounds, Periodic Evalu ations) (doc. nos. 1815 & 1815 -1); and (6) Order and Injunction on Mental-Health Identification and Classification Remedy (Referral) (doc. nos. 1821 , 1821 -1, & 1821 -2); and (7) Order and Injunction on Segregation Remedy (Stopgap Measures fo r Removing Inmates with Mental Illness from Segregation (doc. nos. 1861 & 1861 -1); and (8) Order and Injunction on Mental-Health Individualized Treatment Planning Remedy (doc. nos. 1865 & 1865 -1); and (9) Order and Injunction on Mental-Healt h Psychotherapy and Confidentiality Remedy (doc. nos. 1899 & 1899 -1); and (10) Order and Injunction on Confidentiality (doc.nos. 1900 , 1900 -1, & 1900 -2); and (11) Order and Injunction on Mental-Health Understaffing (doc. nos. 2301 & 2301 -1); and (12) Opinion and Interim Injunction with Regard to Stipulation on Provision of Hospital-Level Care (doc. nos. 2717 & 2724 -1); and (13) Opinion and Interim Injunction with Regard to Stipulation on Mental-Health Consultation to the Discip linary Process (doc. nos. 2718 & 2725 -1). It is further ORDERED that the court finds, pursuant to the parties' agreement (doc. nos. 2790 ), as well as the court's detailed prior review of each stipulation in open court, that the relief in each of the above 13 stipulations, separately and in conjunction with all other relief so far in this case, meets the "need-narrowness-intrusiveness" requirements of the Prison Litigation Reform Act (PLRA), 18 U.S.C. 3626(a)(1)(A), for the period from the date of this court order until either the Court's resolution of whether they comply with the PLRA's need-narrowness-intrusiveness requirement or December 30, 2020, whichever is earlier. Signed by Honorable Judge Myron H. Thompson on 3/31/2020. (kh, )
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Filing
2751
PHASE 1 ORDER PRELIMINARILY APPROVING FURTHER PROPOSED MODIFICATIONS TO ADA CONSENT DECREE: Accordingly, based on these representations and for the reasons previously detailed in this court's prior order preliminarily approving modifications to the Phase 1 consent decree (doc. no. 2671 ), it is ORDERED as follows: (1) The parties' joint motion to preliminarily approve further modifications to the Phase 1 consent decree (doc. no. 2748 ) is granted. (2) In order to facilitate and a ssure clear notice of the proposed modification and to aid enforcement, the parties previously reduced their modifications of the Phase 1 consent decree to a single, comprehensive document (doc. no. 2678 ). The parties are to file an updated version of this document, such that the summary includes the proposed modifications previously preliminarily approved as well as the further proposed modifications now preliminarily approved, by February 7, 2020. Signed by Honorable Judge Myron H. Thompson on 2/7/2020.(kh, )
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Filing
2726
PHASE 2A OPINION AND ORDER ON VITEK ISSUE: Accordingly, it is ORDERED that an on-the-record conference call is set for January 15, 2020, at 2:00 p.m., to discuss how to proceed on the matter discussed above. Signed by Honorable Judge Myron H. Thompson on 1/14/2020. (furn: calendar, ag) (kh, )
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Filing
2702
PHASE 2A OPINION AND ORDER ON A PROCESS TO IDENTIFY FUNCTIONAL SEGREGATION: Accordingly, it is ORDERED that the defendants are to file with the court, by noon on Friday, January 24, 2020, a report by Dr. Perrien proposing a process for the defend ants to determine when a cell or unit is functioning as segregation, accompanied by any commentary the defendants deem appropriate. The plaintiffs are to respond by noon on Friday, February 7, 2020. Signed by Honorable Judge Myron H. Thompson on 12/19/2019. (kh, )
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Filing
2700
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Based on current circumstances, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as fol lows: Hearing on termination or extension of interim suicide prevention order (doc. nos. 2569 & 2698 ) set for 3/2/20 at 10:00 a.m., as further set out in order. Signed by Honorable Judge Myron H. Thompson on 12/16/2019. (furn: ag, calendar)(kh, )
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Filing
2693
PHASE 2A ORDER ON CORRECTIONAL STAFFING REPORT: Accordingly, it is ORDERED that the parties are to file a joint notice, by noon on Friday, December 20th, with the following: (1) The total actual number of cubicle correctional officers, basic corre ctional officers, and correctional officers, each reported separately, as of September 30, 2019, which the court understands to be the relevant date for the latest quarterly staffing report (doc. no. 2670), and as of June 30, 2019, which the court un derstands to be the relevant date for the September 2019 quarterly staffing report (doc. no. 2668 ), using the term "actual" as it is used in the quarterly staffing reports.* (2) A proposal for how the parties may report such information i n future staffing reports. (3) A comparison of the qualifications, pay, responsibilities, and limitations, if any, of a cubicle correctional officer, basic correctional officer, and correctional officer. Signed by Honorable Judge Myron H. Thompson on 12/13/2019. (kh, )
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Filing
2688
PHASE 2A ORDER AND INJUNCTION ON MENTAL-HEALTH STAFFING REMEDY: On September 6, 2019, the parties submitted stipulations (doc. no. 2606 ) regarding mental- health staffing. Pursuant to these stipulations, the parties on September 13 filed an agre ed-upon mental-health staffing matrix (doc. no. 2618 -1). The parties agreed that these stipulations should be reduced to an order, which they agree will be enforceable under the court's initial understaffing remedial order and opinion containi ng PLRA findings. The parties further agreed to some clarifications of these stipulations during an on-the-record hearing on December 6. Accordingly, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) The stipulations (doc. no. 2606 ) , as clarified during the on-the-record hearing on December 6, 2019, and as attached to this order as Attachment A, are approved. (2) The mental-health staffing matrix (doc. no. 2618 -1), as attached to this order as Attachment B, is approved.(3) De fendants Jefferson Dunn and Ruth Naglich are ENJOINED and RESTRAINED from failing to comply with the attached provisions (Attachments A and B), as clarified during the on-the-record hearing on December 6, 2019. Signed by Honorable Judge Myron H. Thompson on 12/11/2019. (Attachments: # 1 Attachment A, # 2 Attachment B)(kh, )
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Filing
2683
PHASE 2A ORDER ON SUICIDE PREVENTION JUDGMENT: The parties having agreed to the following in open court on December 6, 2019, it is ORDERED that the court's Phase 2A Remedial Judgment on Immediate Relief for Suicide Prevention (doc. no. 2526 ) will go into effect on December 13, 2019, immediately after the expiration of the stay, see court orders (doc. nos. 2569 , 2507 and 2608 ), if the parties do not reach an agreement before that date that their proposed suicide- prevention stipulations (doc. no. 2601 -1) should go into effect as an enforceable order under the PLRA. Signed by Honorable Judge Myron H. Thompson on 12/9/2019. (Attachments: # 1 Civil Appeals Checklist)(kh, )
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Filing
2676
ORDERED that the proposed modification to the Phase 1 consent decree, see Order (doc. no. 2671 ), is set for a status conference on December 6, 2019, at 10:00 a.m., in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. The court wants to discuss, among other things, the reduction of the proposed modification to a single, comprehensive document; the proposed notice to the class; the circulation of notice to the class; and a date for a fairness hearing. Signed by Honorable Judge Myron H. Thompson on 12/4/2019. (furn: ag, calendar)(kh, )
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Filing
2671
ORDER: This court has under submission the parties' joint oral motion to modify the Phase 1 consent decree. See Order (doc. no. 2637 ) at 1. Based on the entire record before the court, including the parties' joint notice (doc. no. [260 5]), joint statement (doc. no. 2629 ), and joint brief (doc. no. 2641 ), as well as the on-the-record hearings on September 6 and October 21, 2019, it is ORDERED that the oral motion for proposed modification (doc. no. 2637 ) is preliminarily gran ted, with final approval subject to a hearing, to be set later, and review by the court of any objections to or comments about its terms submitted by class members, as further set out. Signed by Honorable Judge Myron H. Thompson on 12/2/2019. (kh, )
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Filing
2640
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: It is ORDERED that the parties' joint motion to continue evidentiary hearing on supplemental liability opinion remedy (doc. no. 2626 ), as clarified by the parties' subsequent joint statement (doc. no. 2639 ), is granted and the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: In-person Hearing set for 11/12/2019, at 10:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson; Evidentiary Hearing set for 3/2/2020 at 10:00am, 1/24/2020 at 10:0am, 1/27/2020-1/28/2020 at 9:00am and 3/3/2020 - 3/5/2020 at 9:00 AM, in CR 2FMJ before Honorable Judge Myron H. Thompson; as further set out in order. Signed by Honorable Judge Myron H. Thompson on 10/24/2019. (term: Status Conference set for 11/15/2019, Evidentiary Hearing set for 11/12/19,) (furn: calendar, ag)(kh, )
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Filing
2623
ORDER: The parties filed, on September 20, 2019 (doc. no. 2622 ), a joint status report on a scheme to identify inmates with serious mental illness in segregation. The court understands the import of the report to be that the matter at issue will be addressed in the parties' ongoing effort at mediation on the monitoring issue and that, should mediation fail, would be put to the court to consider as part of the monitoring remedy. Accordingly, it is ORDERED that, if the court has misunderstood, the parties should so inform the court within five business days from today. Signed by Honorable Judge Myron H. Thompson on 9/24/2019. (kh, )
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Filing
2612
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM Based on the representations made on the record on September 6, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eigh th Amendment claim are revised as follows: Evidentiary Hearing set for 11/12/2019 and 1/24/2020, at 10:00 AM, in CR 2FMJ before Honorable Judge Myron H. Thompson; In-person Hearing set for 11/12/2019, at 10:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson; as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/9/2019. (furn: calendar, ag)(kh, )
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Filing
2549
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM GRANTING the plf's 2543 MOTION to Clarify, etc. and the remaining deadlines and dates for the Phase 2 A remedy scheduling order for the Eighth Amendment claim are revised, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/23/19. (djy, )
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Filing
2537
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Evidentiary Hearing set for 7/8/2019, at 10:00 AM, in CR 2FMJ before Honorable Judge Myron H. Thompson; Evidentiary Hearing set for 7/9/2019, at 09:00 AM, in CR 2FMJ before Ho norable Judge Myron H. Thompson; Evidentiary Hearing set for 7/10/2019, at 09:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson; regarding (Doc. nos. 2353 , 2397 , & 2398 , 2383 , 2408 -1, 2384 , 2382 , 1780 , 1794 , 1779 , 1792 , 1786 , 1814 , 1821 , 1853 , 1865 , 1893 , 1899 , 1720 , 1748 , 1751 , 1798 , 1810 , 1811 , & 1815 . Final Pretrial Conference set for 6/28/2019, at 09:00 AM, in chambers before Honorable Judge Myron H. Thompson; Status Conference set for 6/4/2019, at 02:00 PM, in CR 2FMJ, before Honorable Judge Myron H. Thompson, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/16/2019. (furn: calendar, ag)(kh, )
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Filing
2531
OPINION AND ORDER: Accordingly, it is ORDERED that the plaintiffs' motion to unseal the transcript from the hearing on April 15, 2019 (doc. no. 2495 ) is granted. The defendants shall immediately arrange to unseal the transcript in its entirety. Signed by Honorable Judge Myron H. Thompson on 5/13/2019. (kh, )
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Filing
2502
ORDER: Upon consideration of defendants' motion for extension (doc. no. 2497 ), it is ORDERED that plaintiffs file a response to said motion by 3:00 p.m. on April 19, 2019. Signed by Honorable Judge Myron H. Thompson on 4/19/2019. (kh, )
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Filing
2491
ORDERED that defendants' motion for extension (doc. no. 2481 ) is granted to the extent that defendants' responses are due by 4:00 p.m. on April 18, 2019. Signed by Honorable Judge Myron H. Thompson on 4/16/2019. (kh, )
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Filing
2450
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Based on the representations made on the record on March 28, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: Evidentiary Hearings previously set to start on 3/28/2019 RESET for 3/28/2019 through 4/10/2019, at 9:00 a.m. each day, except at 10:00 a.m. on 3/29/2019, in CR 2FMJ, before Honorable Judge Myron H. Thompson, as further set out in order.. Signed by Honorable Judge Myron H. Thompson on 3/28/19. Furnished to calendar group & AG.(djy, )
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Filing
2440
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Based on the representations made on the record on March 25, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: Oral Argument previously set for 3/27/2019 RESET for 3/28/2019, at 9:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson. Evidentiary Hearings previously set to start on 3/27/2019 RESET for 3/28/20191 9 through 4/10/2019, at 9:00 a.m. each day, except at 1:00 p.m. on 3/29/2019, in CR 2FMJ, before Honorable Judge Myron H. Thompson, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/25/2019. (furn: ag, calendar) (kh, )
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Filing
2427
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Based on the representations made on the record on March 14, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: Oral Argument set for 5/14/2019, at 10:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson regarding the following document numbers: 2353 , 2397 , 2398 , 2383 , 2382 , 2384 , as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/15/2019. (furn: calendar, ag)(kh, )
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Filing
2425
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Based on the representations made on the record on March 14, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: Oral Argument set for 3/27/2019, at 09:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson regarding the following document numbers: 2345 , 2380 , 2410 , 2414 , 2364 , 2377 , 2406 -07, [237 9], 2357 , 2408 , as further set out in order. Final Pretrial Conference previously set for 4/2/19, at 10:00 a.m. RESET for 3/25/2019, at 10:00 AM, by telephone, before Honorable Judge Myron H. Thompson. Evidentiary Hearings previously set for 3/18/2019 and 4/9/2019 RESET for 3/27/19 through 4/10/19, at 9:00 a.m. each day, in CR 2FMJ, before Honorable Judge Myron H. Thompson, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/14/2019. (furn: ag, calendar)(kh, )
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Filing
2419
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Based on the representations made on the record on March 11, 2019, it is ORDERED that the plaintiffs motion for a status conference is granted (doc. no. 2387 ) and the remain ing deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: Evidentiary Hearing previously set for 3/12/2019 reset for 3/18/2019, at 09:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Tho mpson; Oral Argument set for 3/18/2019, at 09:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson regarding the following document numbers: 2353 , 2397 , 2398 , 2383 , 2382 , 2345 , 2380 , 2410 , 2414 , 2345 , 2364 , 2377 , 2406 -07, 2345 , 2379 , 2357 , 2408 , 2276 , 2014 , 2384 , 2374 , as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/12/2019. (furn: calendar, ag) (kh, )
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Filing
2404
ORDER: Based on the representations made during an on-the-record status conference on March 5, 2019, it is ORDERED plaintiffs are allowed until 5:00 p.m. on March 8, 2019, to supplement their statements in the "Joint Proposal for Verifying Security Rounds" (doc. no. 2380 ), and defendants are allowed until 5:00 p.m. on March 11, 2019, to file a reply to the supplement. Signed by Honorable Judge Myron H. Thompson on 3/7/2019. (kh, )
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Filing
2376
ORDER: For the reasons stated in the court's Order of February 27, 2019 (Doc. 2375 ), and to the extent stated in that Order, the Motion for ExpeditedDiscovery and for Scheduling Order (Doc. 2350 ) is GRANTED. Upon considera tion of the par ties' Joint Proposal on scheduling (Doc. 2363 ), it is ORDERED that the Joint Motion for Extension of Deadline (Doc. 2351 ) is GRANTED, and the deadline set forth in the Phase 2A Understaffing Remedial Order (Doc. 1656 at 1012) for the resol ution of all disputes relating to the Savages' recommendations regarding correctional understaffing is extended to July 1, 2019. It is further ORDERED that Plaintiffs' Motion for Incorporation of Eldon Vail's Adjustments to the Savages ' Staffing Analysis Pursuant to the Phase 2A Understaffing Remedial Order (Doc. 2284 ) is set for an evidentiary hearing commencing on May 1, 2019 at 10:00 a.m. in Courtroom 4A, Frank M. Johnson, Jr. Federal Building and United States Courthouse Complex, One Church Street, Montgomery, Alabama. If not completed on May 1, the hearing shall continue on May 2 and 3, as further set out in order. Signed by Honorable Judge Gray M. Borden on 2/28/2019. (furn: calendar, cb)(kh, )
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Filing
2365
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: It is ORDERED that the unopposed motion for extension (doc. no. 2362 ) is granted and the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 2/22/2019. (kh, )
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Filing
2359
PHASE 2A BRIEFING ORDER ON REMEDIES FOR VIOLATIONS IN SUPPLEMENTAL LIABILITY OPINION: It is ORDERED that, by March 5, 2019, the parties shall each submit a brief identifying (a) any prior or existing relief that, if implemented, may remedy the constitutional violations found in the court's supplemental liability opinion (doc. no. 2332 ), as further set out Signed by Honorable Judge Myron H. Thompson on 2/21/2019. (kh, )
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Filing
2349
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM At the oral request of Magistrate Judge Ott, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows, as further out in order. Signed by Honorable Judge Myron H. Thompson on 2/15/2019. (kh, )
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Filing
2346
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM Based on the representations made on the record on February 7 and 12, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for th e Eighth Amendment claim are revised as follows: Evidentiary Hearing added for 3/12/2019, at 09:00 AM, in CR 2FMJ, before Honorable Judge Myron H.Thompson, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 2/14/2019. (furn: ag, calendar)(kh, )
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Filing
2332
PHASE 2A SUPPLEMENTAL LIABILITY OPINION AND ORDER ON PERIODIC MENTAL-HEALTH EVALUATIONS OF PRISONERS IN SEGREGATION: Accordingly, it is ORDERED that, by noon on February 18, 2019, counsel for plaintiffs and defendants, after conferring with each o ther in an attempt to reach agreement, are to file a joint report of suggestions of how proceed as to relief in light of the above opinion. The court recognizes that February 18 is a holiday, but there now appears to be an urgency regarding the resolution of the issue of segregation. Signed by Honorable Judge Myron H. Thompson on 2/11/2019. (kh, )
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Filing
2318
ORDERED as follows: 1. No later than 5:00 p.m. on February 8, 2019, the Parties shall file Exhibit and Witness Lists and exchange any exhibits that have not previously been filed with the court or exchanged as exhibits for an evidentiary hearing o r trial. 2. Plaintiffs' Motion for Incorporation of Eldon Vails Adjustments to the Savages' Staffing Analysis Pursuant to the Phase 2A Understaffing Remedial Order (Doc. 2284 ) is set for an evidentiary hearing commencing on February 12, 2 019 at 11:00 a.m. in Courtroom 4A, Frank M. Johnson, Jr. Federal Building and United States Courthouse Complex, One Church Street, Montgomery, Alabama. If not completed on February 12, the hearing shall continue on February 13 until completed, as further set out. Signed by Honorable Judge Gray M. Borden on 2/4/2019. (furn: calendar, cb)(kh, )
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Filing
2248
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM Based on the representations made on the record on January 7, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: Oral Argument previously set for 1/17/2019 reset to 1/16/2019, 10:00 AM, in CR 2FMJ before Honorable Judge Myron H. Thompson, as further set out. Signed by Honorable Judge Myron H. Thompson on 1/8/2019. (furn: ag, calendar)(kh, )
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Filing
2228
PHASE 2A OPINION AND ORDER directing that the plf's 2045 MOTION to unseal quarterly staffing reports is granted to the extent that for each past and future quarterly staffing report filed by the defendants, the defendants are, initially , to file the facility-specific correctional data under seal and then, five months after the last day of quarter covered by the report, to refile the data unsealed. None of the other information in the quarterly reports shall be filed under seal, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 1/2/19. (djy, )
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Filing
2208
PHASE 2A REVISED REMEDY SCHEDULING ORDER: ON THE EIGHTH AMENDMENT CLAIM Based on the representations made on the record on December 11, 2018, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eig hth Amendment claim are revised as follows: Oral Argument re 2184 added for 1/7/2019 @ 9:00am; Pretrial Hearing added 1/7/19 at 8:00 a.m as futher set out. Signed by Honorable Judge Myron H. Thompson on 12/12/2018. (furn: calendar, ag)(kh, )
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Filing
2136
PHASE 2A OPINION AND ORDER ON DEFENDANTS' ORAL MOTION FOR CLARIFICATION: Accordingly, it is ORDERED that defendants' oral motion to clarify, made in open court on September 19, 2018, is granted to the extent that it is DECLARED that the Phase 2A Understaffing Remedial Order (doc. no. 1657 )-- and the ADOC contract referred to in it--required that defendants were to ensure that all 263.2 mental-health FTEs listed in the contract's "minimum staffing requirements" were filled by July 1, 2018. Signed by Honorable Judge Myron H. Thompson on 10/29/2018. (kh, )
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Filing
2076
PHASE 2A OPINION REGARDING MONITORING ISSUE SCHEDULE. Signed by Honorable Judge Myron H. Thompson on 9/26/2018. (kh, )
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Filing
2054
PHASE 2A ORDER GRANTING IN PART MOTION TO UNSEAL: Based on the representations made in open court on September 18, 2018, and by agreement of the parties, it is ORDERED that the motion to unseal (doc. no. 2045 ) is granted with respect to mental-health staffing for past and future quarterly staffing reports. See Understaffing Remedial Order (doc. no. 1657 ) at 7-9. Signed by Honorable Judge Myron H. Thompson on 9/19/2018.(kh, )
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Filing
1989
ORDER: Based on the representations made on the record on September 6, 2018, it is ORDERED that defendants' objection to inmate witnesses (doc. no. 1986) is overruled, albeit subject to sanctions being imposed on plaintiffs' counsel. Pla intiffs' counsel admit that they "dropped the ball." Moreover, it is important that court orders, and the deadlines in them, be respected if there is to be an orderly and fair resolution of issues in this litigation, as further set out. Signed by Honorable Judge Myron H. Thompson on 9/6/2018. (kh, )
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Filing
1981
OPINION AND ORDER: As to the unresolved issue identified in the court's opinion and order of June 22, 2018 (doc. no. 1904 ), the court stated during an on-the- record status conference on September 4, 2018, that it believes, from the evidenc e presented, that the problems underlying this issue are threefold, as further set out. Accordingly, it is ORDERED that the parties are to attempt jointly to develop a scheme by which the plaintiffs and the court can verify that the defendants can no w be trusted to accurately and timely identify SMI inmates (both categorical and non-categorical ones) who are considered for, or in, segregation. The parties will be given two weeks to develop, through mediation, this scheme. Signed by Honorable Judge Myron H. Thompson on 9/5/2018. (kh, )
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Filing
1937
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM directing that: (1) the plfs are to reply to defs' 1936 Response to the show cause order and the parties are to arrange for an on-the-record Conference Call to discuss contempt issue on 8/13/2018 @ 10:00 AM before Honorable Judge Myron H. Thompson; and (2) the remaining deadlines and dates for the Phase 2A remedy scheduling order 1930 are, accordingly, revised as further set out in order. Signed by Honorable Judge Myron H. Thompson on 8/2/18. Furnished to calendar group & AG.(djy, )
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Filing
1934
ORDER REGARDING CORRECTIONAL STAFFING ANALYSIS: It is ORDERED as follows: (1) The order resetting a new deadline for the joint statement and/or defendants response to the show-cause order (doc. no. 1933 ) is vacated. The court continued the wrong deadline. (2) The joint request for an extension (doc. no. 1932 ) is granted. The deadline to mediate any dispute regarding the correctional staffing analysis--a deadline set in the States Timeline for Correctional Staffing (doc. no. 1583 ) and incorporated into this courts Remedial Order on Understaffing (doc. no. 1657 )--is extended to August 8, 2018. Signed by Honorable Judge Myron H. Thompson on 8/1/2018. (dmn, )
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Filing
1933
ORDER PHASE 2A REVISED REMEDY SCHEDULING ORDERON THE EIGHTH AMENDMENT CLAIM (1) GRANTING 1932 Joint MOTION for Extension of Deadline and (2) the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim 1930 are accordingly revised, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/31/18. (djy, )
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Filing
1928
PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: It is therefore ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim (doc. no. 1926 ) are, accordingly, revi sed as follows to add: (MONITORING) Evidentiary Hearing set for 12/11/2018, at 09:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson. Final Pretrial Conference set for 11/27/2018, at 10:00 AM, in chambers, before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/19/2018. (furn: calendar, ag)(kh, )
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Filing
1926
ORDERED as follows: (1) Plaintiffs' motion for show-cause order (doc. no. 1916 ) is granted as follows. The parties are to engage forthwith in mediation before Magistrate Judge John E. Ott regarding both issues presented in the plaintiffs� 39; motion, namely, both the "reporting" and "implementation" issues. By the date set forth below, the parties are to file a joint statement to the court explaining what issues, if any, have been resolved. To the extent that the i ssues have not been resolved, defendants are to file, by said date, a response showing cause as to why they should not be held in contempt. (2) The parties' oral request, made on-the-record on July 10, 2018, with regard to hospital-level care is granted as set forth below. (3) The remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim (doc. no. 1860 ) are, accordingly, revised as further set out below. Signed by Honorable Judge Myron H. Thompson on 7/11/2018. (Reset: Evidentiary Hearing and Oral Argument set for 7/23/18 at 9:00 a.m to 10/22/2018 at 9:00am) (furn: calendar, ag)(kh, )
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Filing
1891
OPINION AND ORDER REGARDING HOSPITAL-LEVEL CARE AND DEATH-ROW INMATES: Accordingly, it is ORDERED that death-row inmates do not opt out of the hospital-level care provided by the Alabama Department of Corrections pursuant to these proceedings. Counsel for plaintiffs are to arrange for appropriate representatives of the Equal Justice Initiative and the Federal Defenders to receive copies of this order. Signed by Honorable Judge Myron H. Thompson on 6/14/2018. (kh, )
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Filing
1843
ORDER ON LEGAL VISIT PROCEDURES: Upon consideration of the Plaintiffs' Second Motion for Access to Prisoners in the Alabama Department of Corrections (Doc. 1827 ), and upon review of the Joint Proposal for Legal Visit Request Procedures (Doc . 1837 ), it is ORDERED that the motion (Doc. 1827 ) is GRANTED in part and DENIED in part, and that legal visits for ADOC inmates relating to this litigation shall be accomplished as further set out in order. Signed by Honorable Judge Gray M. Borden on 5/23/2018. (kh, )
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Filing
1754
PHASE 2A OPINION AND ORDER REGARDING PLAINTIFFS SECOND REQUEST TO PRESENT ADDITIONAL EVIDENCE ON SEGREGATION: Accordingly, it is ORDERED as follows: (1) Plaintiffs' second request to present limited additional evidence regarding segregation ( doc. no. 1747 ) is granted. That evidence is to be heard at the hearing on April 23, 2018, regarding the first alleged suicide. (2) Plaintiffs are, by April 13, 2018, to identify to defendants any witnesses they anticipate calling on this issue. (3) Upon hearing the above evidence, the evidence regarding segregation remedy will be closed until the entry of any remedial order. Additional evidence will not be heard by the court absent extraordinary circumstances, as described in this opinion and order. Signed by Honorable Judge Myron H. Thompson on 4/11/2018. (kh, )
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Filing
1720
PHASE 2A ORDER RE: SEGREGATION REMEDY directing that the following stipulations made by the parties in open court on 2/28/2018, as clarified during an on-the-record conference call on 3/5/2018, are approved: (1) the ADOC will use the definition of serious mental illness (SMI) that has been adopted and published by the American Correctional Association, which is set forth in plaintiffs Demonstrative Exhibit 174; (2) Dr. Kathryn Burns and Dr. Mary Perrien will work together to develop a train ing module for the ADOC's mental-health staff, as further set out in order; (3) the SMI designation will be independent from the ADOC's mental-health coding system and will be identified by a flag or a warning signal, or a signal somewhere else within the electronic system; (4) an SMI designation may only be made by an individual who is a member of the ADOC's vendor's mental-health staff who is authorized under Alabama law to diagnose a mental-health condition; further ORDERI NG that, pursuant to the parties joint statement (doc. no. 1695), the Burns and Perrien training module is to be complete by 5/31/2018, and ADOC is to make the training module available for use by appropriate mental-health staff by 7/31/2018. Signed by Honorable Judge Myron H. Thompson on 3/30/18. (djy, )
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Filing
1694
ADDITIONAL PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: At the oral request of the parties made on 2/28/18, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Am endment claim (doc. nos. 1524 , 1604 , 1631 and 1675 ) are further revised such as follows: Evidentiary Hearing for Identification/Classification issue previously set for 3/21/2018 @ 9:00 a.m. RESET to 4/4/2018 @ 09:00 AM before Honorable Judge Myron H. Thompson, in Courtroom 2FMJ, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/8/18. Furnished to calendar group & AG.(djy, )
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Filing
1683
ORDER: As stated in open court on February 26, 2018, it is ORDERED that plaintiffs' motion for preliminary injunction (doc. no. 1614 ) is folded into the resolution of the issue of segregation remedy. See Fed. R. Civ. P. 65(a)(2). The court will consider only "admissible evidence" presented at the segregation remedy hearing. Thus, if the defendants want the court to consider the videos and testimony regarding them, they must present the videos and related testimony as evidenc e (in an understandable form) at the hearing. The court will also consider whether to enter a partial, interim relief order on an expedited basis prior to entering any more comprehensive remedial order on segregation. It is further ORDERED that plaintiffs' motion to strike (doc. no. 1670 ) is denied as moot. Signed by Honorable Judge Myron H. Thompson on 3/1/2018. (kh, )
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Filing
1681
ORDER RE: HEAT SENSITIVITY: It is ORDERED that the parties' joint report regarding the status of the issue of "heat sensitivity" (doc. no. 1650 ) is approved. Signed by Honorable Judge Myron H. Thompson on 2/28/2018. (kh, )
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Filing
1656
PHASE 2A UNDERSTAFFING REMEDIAL OPINION. Signed by Honorable Judge Myron H. Thompson on 2/20/2018. (kh, )
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Filing
1590
ORDER: In the defendants' proposed remedial plan (doc. no. 1374 ), in the defendants' pretrial brief (doc. no. 1478 ), throughout the nine-day evidentiary hearing on understaffing, and during the post-trial oral argument on January 24, 2018, the defendants maintained that the proposed remedy as to understaffing would apply to all of ADOC's major facilities, with the exception that the Savages would not conduct a staffing analysis at the Tutwiler facility at this time (as agre ed upon by the parties), as further set out. Because the court presumes that the defendants are not attempting to relitigate liability at the remedial stage, it is ORDERED that defendants shall, by February 5, 2018, at 5:00 p.m., point to the section(s) of the liability opinion, if any, in which the court limited its liability findings to those six facilities. Signed by Honorable Judge Myron H. Thompson on 2/2/2018. (kh, )
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Filing
1566
OPINION AND ORDER RE: HEAT SENSITIVITY: It is ORDERED that counsel for all parties, after reviewing a transcript of the hearing on August 23, 2017, and after conferring with each other, file a joint report regarding the status, in this litigation, of the issue of heat sensitivity experienced by prisoners taking psychotropic medication--including whether these prisoners still risk suffering from overheating due to placement in cells without air conditioning and what progress, if any, has been made toward remedying the situation--by no later than February 12, 2018. Signed by Honorable Judge Myron H. Thompson on 1/29/2018. (kh, )
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Filing
1530
PHASE 2A OPINION AND ORDER REGARDING EIGHTH AMENDMENT CLAIM: SEGREGATION directing that, in their submissions of January 5, 8, and 15, 2018, see Order (doc. no. 1522 ), the parties are (1) to address, with all other relevant matters, the plfs pr oposal for procedures for resolving the parties' disputes regarding the placement of prisoners with serious mental illness in segregation (doc. no. 1525 ), as well as (2) to make suggestions of what role, if any, the magistrate judge should, an d by law may, play in the fashioning of a remedy in response to the court's 6/27/2017, finding of liability as to segregation; further ORDERING that the parties may engage in additional discovery as outlined in Part III of this opinion and order. Signed by Honorable Judge Myron H. Thompson on 1/2/18. (djy, )
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Filing
1524
ADDITIONAL PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Accordingly, for the reasons and based on the representations made on the record on December 19, 2017, it is ORDERED as follows with regard to the remaining contrib uting factors not previously set for hearing: (1) As to the defendants' failure to identify prisoners with serious mental-health needs and to classify their needs properly, as well as the defendants' failure to provide sufficient out-of-cel l time and treatment to those who need residential treatment, (A) By February 2, 2018, the defendants are to submit a proposal on how to proceed as to both immediate and long-term relief. (B) By February 9, 2018, the plaintiffs are to submit a respon se. (C) A pretrial hearing is set for February 14, 2018, at 10:00 a.m., in chambers. (D) A hearing on the issue is set for February 26, 2018, at 10:00 a.m. in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Stree t, Montgomery, Alabama. (2) As to the defendants' failure to provide individualized treatment plans to prisoners with serious mental-health needs, (A) By February 14, 2018, the defendants are to submit a proposal on how to proceed as to both imm ediate and long-term relief. (B) By February 21, 2018, the plaintiffs are to submit a response. (C) A pretrial hearing is set for March 1, 2018, at 10:00 a.m., in chambers. (D) A hearing on the issue is set for March 5, 2018, at 10:00 a.m. in the Fra nk M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. (3) As to the defendants' failure to provide psychotherapy by qualified and properly supervised mental-health staff and with adequate fre quency and sound confidentiality, (A) By March 9, 2018, the defendants are to submit a proposal on how to proceed as to both immediate and long-term relief. (B) By March 16, 2018, the plaintiffs are to submit a response. (C) A pretrial hearing is set for March 20, 2018, at 10:00 a.m., in chambers. (D) A hearing on the issue is set for March 26, 2018, at 10:00 a.m. in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. (4) As to defen dants' failure to identify suicide risks adequately and to provide adequate treatment and monitoring to those who are suicidal, engaging in self-harm, or otherwise undergoing a mental-health crisis, (A) By March 30, 2018, the defendants are to s ubmit a proposal on how to proceed as to both immediate and long-term relief. (B) By April 6, 2018, the plaintiffs are to submit a response. (C) A pretrial hearing is set for April 11, 2018, at 10:00 a.m., in chambers. (D) A hearing on the issue is set for April 16, 2018, at 10:00 a.m. in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. (5) As to defendants' imposition of disciplinary sanctions on mentally ill prisoners for symptoms of their mental illness, and imposing disciplinary sanctions without regard for the impact of sanctions on the prisoners' mental health, (A) By April 11, 2018, the defendants are to submit a proposal on how to proceed as to both immedia te and long-term relief. (B) By April 18, 2018, the plaintiffs are to submit a response. (C) A pretrial hearing is set for April 30, 2018, at 10:00 a.m., in chambers. (D) A hearing on the issue is set for May 7, 2018, at 10:00 a.m. in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Myron H. Thompson on 12/20/2017. (furn: calendar, AG)(kh, ) Modified on 12/20/2017 (kh, ).
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Filing
1486
PHASE 2A INVOLUNTARY-MEDICATION SETTLEMENT FINAL APPROVAL OPINION. Signed by Honorable Judge Myron H. Thompson on 11/27/2017. (kh, )
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Filing
1365
OPINION AND ORDER: Based on the representations during an on-the-record status conference on September 26, 2017, it is ORDERED that, rather than the parties filing a joint proposal to address the issue of understaffing--with regard to both correct ional and mental-health staff, and with regard to both immediate and long-term relief--defendants are to file a proposal on this issue by October 9, 2017, and plaintiffs are to submit a response by October 19, 2017. Signed by Honorable Judge Myron H. Thompson on 9/26/2017. (kh, )
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Filing
1348
PHASE 2A OPINION AND ORDER ON MOTION TO REDACT: It is ORDERED that the defendants' motion to redact portions of Dr. David Tytell's transcript (doc. no. 1314 ) is denied. Signed by Honorable Judge Myron H. Thompson on 8/25/2017. (kh, )
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Filing
1311
PHASE 2A ADA FINAL SETTLEMENT APPROVAL OPINION re 1290 PHASE 2A ADA FINAL SETTLEMENT APPROVAL ORDER. Signed by Honorable Judge Myron H. Thompson on 7/25/2017. (kh, )
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Filing
1299
DAUBERT OPINION AS TO PHASE 2A EIGHTH AMENDMENT CLAIM. Signed by Honorable Judge Myron H. Thompson on 7/13/2017. (kh, )
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Filing
1285
LIABILITY OPINION AND ORDER AS TO PHASE 2A EIGHTH AMENDMENT CLAIM: Accordingly, it is ORDERED that the court and the parties will meet to discuss a remedy. The court emphasizes that given the severity and urgency of the need for mental- health car e explained in this opinion, the proposed relief must be both immediate and long term. No partial final judgment shall issue at this time as to the claim resolved in this entry. Signed by Honorable Judge Myron H. Thompson on 6/27/2017. (kh, )
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Filing
1196
PHASE 2 OPINION AND ORDER ON MOTIONS TO STRIKE: It is ORDERED that: (1) Defendants' first motion to strike (doc. no. 751 ) is denied. (2) The court reaffirms its order (doc. no. 909 ) denying defendants' second motion to strike (doc. no. 809 ) and granting leave to depose the challenged declarants, with the following clarification: defendants will not recover any fees or expenses from plaintiffs pursuant to Federal Rule of Civil Procedure 26, and plaintiffs will not be allowed to re cover attorneys fees and expenses (that they would otherwise be entitled to under the fee-shifting statutes should they prevail) in connection with the litigation of defendants second motion to strike (doc. no. 809 ) and with the taking of the chall enged declarants' depositions. (3) The court reaffirms its orders (doc. nos. 845 & 909 ) denying plaintiffs motion to strike (doc. no. 838 ), but with prejudice, and with the following clarification: plaintiffs are granted leave to depose Darryl Ellis, the Director of Nursing at Staton Correctional Facility, at a time to be determined in the future. Signed by Honorable Judge Myron H. Thompson on 2/17/2017. (kh, )
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Filing
1149
PHASE 2A HEARSAY OPINION AND ORDER: ORDERED as follows: defendants' hearsay objections to MHM Correctional Services, Inc.'s meeting minutes, employee emails, incident reports, and audit documents are overruled. To the extent that these docu ments contain hearsay within hearsay, the court finds that statements made by employees of MHM Correctional Services, Inc., Corizon, and the Alabama Department of Corrections are admissible under the business-records exception, because they were acti ng in the regular course of business when reporting to the recorders of that information. The court further finds statements made by prisoners reported in these documents are, based on the request of plaintiffs, admitted at this time for only the pur pose of establishing notice--that is, that the prisoners made these statements and that those who participated in the meetings, email communications, incident reports, and audit documents (and those privy to the resulting documents) were aware of them. Signed by Honorable Judge Myron H. Thompson on 1/31/2017. (kh, )
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Filing
1124
TEMPORARY RESTRAINING ORDER REGARDING SETTLEMENT OF PHASE 2A MENTAL HEALTH ADA CLAIMS: ORDER, JUDGMENT and DECREE of the Court that the parties' 1123 Joint MOTION for Temporary Restraining Order is granted, as further set out in order; furt her ORDERING, by the agreement of the parties as expressed in open court on 1/19/2017, that this temporary restraining order will remain in effect until the court finally approves or rejects the parties' Settlement Agreement concerning mental health claims arising under the Americans with Disabilities Act and 504 of the Rehabilitation Act of 1973. Signed by Honorable Judge Myron H. Thompson on 1/19/17. (djy, )
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Filing
1016
PHASE 2B SUMMARY JUDGMENT RESOLUTION ORDER directing that the 768 MOTION for Summary Judgment filed by defendants Jefferson Dunn, and Ruth Naglich is reserved for further consideration with respect to the Phase 2B medical and dental care claims, as further set out in order; directing the clerk not to terminate this motion. Signed by Honorable Judge Myron H. Thompson on 11/28/16. (djy, )
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Filing
1003
PHASE 2 ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT: The court being informed that the parties have reached a tentative settlement of the remaining Phase 2 Americans with Disabilities Act and Rehabilitation Act claims, and pursuant to the court' ;s Phase 2 Order on Remaining ADA Claims (doc. no. 981 ), it is ORDERED that defendant Alabama Department of Corrections motion for partial summary judgment (doc. no. 783) is denied with leave to renew. Signed by Honorable Judge Myron H. Thompson on 11/22/2016. (kh, )
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Filing
971
ORDER: Based on the testimony and argument presented on the record on November 15, 2016, it is ORDERED that the attorney-client privilege is sustained as to communications between plaintiffs' counsel and inmate, and is overruled as to communications between plaintiffs' counsel and inmate. Signed by Honorable Judge Myron H. Thompson on 11/16/2016. (kh, ) Modified on 11/16/2016 to clarify text (qc/djy, ).
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Filing
883
PHASE 2 ORDER ON MOTIONS TO STRIKE: It is ORDERED that defendants' motions to strike (doc. nos. 806 & 875 ) briefs filed by plaintiffs are denied under the conditions set forth. Signed by Honorable Judge Myron H. Thompson on 10/20/2016. (kh, )
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Filing
813
ORDERED as follows: (1) Plaintiff Jermaine Mitchell's Eighth Amendment claims are dismissed with prejudice. (2) To the extent that plaintiff Mitchell raises claims pursuant to the Americans with Disabilities Act which have not yet been resolved through settlement, these claims remain pending. Signed by Honorable Judge Myron H. Thompson on 9/30/2016. (kh, )
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Filing
804
PHASE 1 ORDER APPROVING NOTICE OF SETTLEMENT: Upon consideration of the parties' corrected proposed notice to class members of the settlement of Phase 1 of this case (doc. no. 798 -1), and the parties' plan for posting it and accompanying documents pertaining to the consent decree (doc. no. 798 ), it is ORDERED that this notice and plan are approved. Signed by Honorable Judge Myron H. Thompson on 9/28/2016. (kh, )
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Filing
800
PHASE 2 OPINION AND ORDER ON DEFENDANTS' MOTION TO STRIKE PLAINTIFFS' EXPERT REPORTS AND PLAINTIFFS' MOTION FOR LEAVE TO AMEND COMPLAINT: It is therefore ORDERED as follows: (1) Defendants' 599 Motion to Strike Plaintiffs' Experts' Reports is denied as further set out in the order. (2) Plaintiffs' 666 Motion for Leave to Amend Their Complaint is granted as further set out in the order. The Clerk of the Court is DIRECTED to docket plaintiffs' Fifth Amended Complaint. Signed by Honorable Judge Myron H. Thompson on 9/27/2016. (dmn, )
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Filing
727
PHASE 1 FINAL SETTLEMENT APPROVAL OPINION AND ORDER: ORDERED as follows: (1) An injunctive-relief settlement class, defined as "any current or future inmate in the physical custody of the Alabama Department of Correction who has a disability as defined in 42 U.S.C. § 12012 and 29 U.S.C. § 705(9)(B), excluding those inmates whose disabilities relate solely to or arise solely from mental disease, illness, or defect," is certified under Federal Rule of Civil Procedure 23(a) and (b)(2). (2) The Southern Poverty Law Center, the Alabama Disabilities Advocacy Program, and the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz are appointed as class counsel to represent the settlement class under Federal Rule of Civil Pr ocedure 23(g). (3) The parties' settlement agreement (doc. no. 518 ), as amended, is approved. (4) The objections to the settlement agreement (doc. nos. 578 , 582 , 593 , 596 , 606 , 612 , 623 , 641 , 652 , 659 , and 663 ) are overru led. (5) The parties' stipulations (doc. nos. 560 , 563 , 575 , 576 , 638 , 696 , 709 , and 719 ) are adopted. (6) The settlement agreement, as amended, is entered as a separate consent decree. Defendants are to commence compliance with its terms as interpreted by the above-entered stipulations. (7) United States Magistrate Judge John Ott is appointed arbitrator pursuant to Section VII of the consent decree. (8) Plaintiffs' motion for attorneys' fees (doc. no. 703 ) is gr anted. (9) The parties are to meet and confer and submit to the court by no later than September 23, 2016, a plan for providing notice to class members of the entry of this consent decree and for ensuring that they have access during the pendency of the consent decree to both it and this opinion. In particular, this notice must describe in lay terms the accommodation request and grievance processes set out in the decree, and must note the availability of arbitration. Signed by Honorable Judge Myron H. Thompson on 9/9/2016. (kh, )
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Filing
660
PHASE 1 ORDER REQUIRING ADDITIONAL STIPULATION directing that the parties are to submit to the court, by no later than 8/26/2016, a joint stipulation stating that they affirmatively agree that 18 USC 3626(f) is not applicable to the arbitrator to be appointed per the terms of their settlement agreement, that this arbitrator will not be a special master, and that they expressly waive the right to challenge his decisions or the consent decree on the basis of 3626(f), as further set out in order. Signed by Honorable Judge Myron H. Thompson on 8/18/16. (djy, )
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Filing
610
PHASE 2 OPINION AND ORDER ON MOTION TO AMEND COMPLAINT: it is ORDERED as follows: (1) The motion for leave to amend plaintiffs' complaint (doc. no. 549 ) filed by plaintiff Alabama Disabilities Advocacy Program (ADAP) is granted. (2) If defenda nts conclude that additional discovery--limited to the question whether ADAP is entitled to assert associational standing--is necessary, they are to file a request that discovery be reopened, specifying what discovery they seek, within five days of the date this order is issued. Signed by Honorable Judge Myron H. Thompson on 8/5/2016. (kh, )
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Filing
602
PHASE 2 DISCOVERY OPINION AND ORDER: it is ORDERED as follows: (1) Plaintiffs motion to compel (doc. no. 570 ) is granted as further set out below. (2) By no later than August 3, 2016, defendants or non-party Corizon Health, Inc., are to produce all practitioner peer-review documents in their possession or control related to physicians, dentists, and mid-level providers, whether or not contained within a credentialing file, subject to the exceptions outlined in the parties' joint report (d oc. no. 336 at 3), contingent on payment by plaintiffs' counsel of the attorneys' fees and costs of litigating the portion of this motion pertaining to the inclusion of dentists. Defendants are allowed until August 17, 2016, to file a req uest for reimbursement pursuant to this paragraph. (3) By no later than August 3, 2016, the parties and non-party Corizon are to confer and arrange a date and time prior to August 12, 2016, on which defendants or Corizon are to make available for rev iew by plaintiffs' counsel and their experts the mortality reviews for the three formerly named plaintiffs who are now deceased, contingent on payment by plaintiffs' counsel of the attorneys' fees and costs of litigating the portion of this motion pertaining to mortality reviews. Defendants are allowed until August 17, 2016, to file a request for reimbursement pursuant to this paragraph. Signed by Honorable Judge Myron H. Thompson on 8/2/2016. (kh, )
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Filing
573
PHASE 2 DISCOVERY ORDER directing as follows: (1) With respect to plfs' request for supplementation of credentialing documentation and peer reviews, defs are to respond by no later than 7/22/16, and plfs may reply by no later than 7/27/16; Def s are to file under seal and, for purposes of in camera review, the peer-review files at issue by no later than 7/27/2016, as further set out in order; (2) with respect to plfs' request to receive or review the mortality reviews of the three de ceased named plfs, defs are to respond by no later than 7/22/16, and plfs may reply by no later than 7/27/16; Defs are to collect these files at the offices of defense counsel by no later than 7/27/16, but need not submit them to the court at this ti me; further ORDERING that the following agreement, reached and memorialized in writing by the parties at the status conference held on the record on 7/20/16, is entered on the record in this case as a binding stipulation, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/21/16. (djy, )
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Filing
550
PHASE I OPINION AND ORDER ON NEED FOR APPOINTMENT OF GUARDIAN AD LITEM: it is ORDERED as follows: (1) The court will not appoint a guardian ad litem at this time in this litigation. (2) By no later than August 17, 2016, plaintiff Alabama Disabilities Advocacy Program is to file a brief setting forth in detail its position as to why the settlement agreement promotes the interests, and fairly resolves the claims, of prisoners with cognitive and communication- elated disabilities so severe that they would likely be unable to understand the terms of the agreement or submit intelligible comments on them. Signed by Honorable Judge Myron H. Thompson on 7/7/2016. (kh, )
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Filing
411
ORDER: In light of the fact that the deadline for filing a Phase 1 class-certification motion, as currently set, will leave the court with only 20 business days between the filing of the plaintiffs' reply and the commencement of trial, the defen dants' reasonable request that they be apprised of this court's decision regarding certification no later than five business days prior to trial, see Defendants' 409 Response, and the possibility that the court will require oral argu ment in order to reach a decision regarding certification, it is ORDERED that the plaintiffs' 406 Motion for further extension of the deadline for filing Phase 1 class-certification motion is denied. Signed by Honorable Judge Myron H. Thompson on 4/18/2016. (dmn, )
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Filing
366
JUDGMENT: Pursuant to the 357 Joint stipulation of dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that the Fifth Cause of Action: Retaliation in Violation of Prisoners First Rights to Communicate with Counsel and to File Lawsuits Reg arding Conditions of Confinement, see Third Amended Complaint (doc. no. 210 ), is dismissed with prejudice, with costs taxed as paid. No parties are terminated, and all other claims against the defendants remain. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 3/8/2016. (dmn, )
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Filing
353
ORDER REGARDING RETALIATION CLAIM directing the the parties' oral request to continue the depositions currently scheduled for 2/26/2016 is granted; the continuance is based on the following agreed-upon representations made by the parties on 2/23 /2016; (1) The depositions currently scheduled for 2/26/16, relate to only the plaintiffs' retaliation claim; (2) the depositions currently scheduled for 2/26/16, relate to only the plaintiffs' retaliation claim; (3) the retaliation claim i s a non-class claim, and thus any settlement of it need not be approved by the Court; (4) the retaliation claim is currently scheduled to be tried in the second phase of this litigation; (5) If the parties are ultimately unable to resolve the retali ation claim, the February 26 depositions will be rescheduled for the latter part of March 2016; further ORDERING that, by no later than 3/4/2016, the parties are to inform the court whether the retaliation claim has settled. Signed by Honorable Judge Myron H. Thompson on 2/23/16. (djy, )
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Filing
340
ORDER directing that the following motions are denied in part and granted in part and that the discovery issues reflected in the following document is resolved: (1) defs' 308 Motion to Compel or in the alternative deem admitted; (2) former pa rty Kim Thomas's 326 Motion to Quash subpoena; (3) non-party Corizon Health, Inc.'s 327 Motion to Quash subpoena; (4) 320 joint statement of issues for discovery mediation; the only issue identified in this statement that remains unresolved is the plfs concern regarding the pace of production; as indicated in a separate, simultaneously filed order, the resolution of this issue will be overseen by the magistrate judge. Signed by Honorable Judge Myron H. Thompson on 2/12/16. (djy, )
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Filing
322
OPINION AND ORDER as follows: (1) The deadline for fact discovery of 3/7/2016, as set out in the courts new scheduling order (doc. no. 239 ), is extended only to the extent articulated on the record on 1/27/2016; specifically, plaintiffs experts may conduct the site inspections enumerated on the dates indicated by plaintiffs counsel and agreed to by defense counsel. This order shall not be construed to grant any extension other than those explicitly articulated on the record on 1/27/2016. (2) The plaintiffs emergency motion to compel compliance with the discovery schedule (doc. no. 317 ) is denied as moot. Signed by Honorable Judge Myron H. Thompson on 1/28/2016. (dmn, )
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Filing
258
OPINION AND ORDER: It is ORDERED as follows: (1) The defendants' 127 Partial Motion to Dismiss is denied as to standing. (2) As to mootness, the motion is reserved and set for a Motion Hearing on 12/16/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. (3) The plaintiffs are to submit a pre-hearing brief outlining the evidence they intend to present and explaining why that evidence supports their positions on mootness no later than 21 days be fore the hearing; the defendants are to respond no later than 14 days before the hearing; and the plaintiffs may reply no later than seven days before the hearing. Signed by Honorable Judge Myron H. Thompson on 10/6/2015. Copies furnished to calendar group, AG. (dmn, )
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Filing
223
OPINION AND ORDER: It is ORDERED that the discovery process in this case is restructured as follows: (1) First, any party seeking resolution of a discovery dispute must file a request for mediation with the magistrate judge. (2) Mediation will take p lace with the magistrate judge as mediator. (3) Because the resolution of discovery disputes has been so contentious in this case, any and all discovery disputes resolved by mediation must be reduced to writing. The court will not recognize any oral agreements. (4) The parties may file an appropriate objection or motion for resolution of those discovery disputes not resolved in mediation before the magistrate judge. Signed by Honorable Judge Myron H. Thompson on 7/27/2015. (dmn, )
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Filing
171
STATUS CONFERENCES ORDER: It is ORDERED that status conferences (in which the court will discuss discovery progress as well as any other matters of concern) are set for the following dates, Status Conference set for 6/24/2015 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson, Status Conference set for 8/26/2015 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson, Status Conference set for 10/28/2015 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson , Status Conference set for 12/22/2015 at 10:00 AM by telephone before Honorable Judge Myron H. Thompson. Three business days prior to each status conference, the parties are to file a joint report as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 5/19/2015. Copies furnished to calendar group, AG. (dmn, )
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Filing
143
JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court that plaintiffs' 141 Motion for William Villar to Withdraw as a named plaintiff is granted and that plaintiff Villar is dismissed and terminated as a party with prejudice. The court assumes that the non-movants have no objection to the allowance of the dismissal; however, if they do, they must file the objection within seven days from the date of this judgment. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 4/20/2015. (dmn, )
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Filing
75
ORDER that the clerk of the court is to mail (or email) to counsel for all parties in this case the current filings in McBee v. Daniels, 2:14cv1204-MHT (M.D. Ala.). While the court believes that all counsel should be aware of some of the claims in th e pro se McBee lawsuit, the court is not suggesting that the McBee claims have merit, that they should be part of the Dunn litigation, or that counsel should be appointed to represent McBee. Signed by Honorable Judge Myron H. Thompson on 12/9/2014. Copies mailed and emailed to counsel as directed.(dmn, )
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Filing
72
ORDER: On 11/24/2014, this court held an on-the-record conference call with counsel for all parties present. It is ORDERED that the 61 Scheduling Order is amended as follows and as further set out in the order: Non-Jury Trial set for 3/14/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Final Pretrial Conference set for 2/1/2016 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. Proposed Pretrial Order due by 1/27/2016. The class certification motion is set for Oral Argument on 6/24/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. The court will have a resolution of the class certification issue by 7/15/2015 . Discovery due by 11/2/2015. Motions due by 10/2/2015. By no later than 28 days before trial, the parties are to get with the Magistrate Judge and the U.S. Marshal to arrange for the presence of any state inmates. Signed by Honorable Judge Myron H. Thompson on 11/26/2014. Copies furnished to calendar group, AG, Transfer Agent, USM.(dmn, )
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Filing
69
ORDER as follows: (1) The plaintiffs' 56 MOTION for Preliminary Injunction is set for an Evidentiary Hearing on 2/9/2015 at 10:00 AM in Courtroom 2FMJ in Montgomery, AL before Honorable Judge Myron H. Thompson. The court hopes the evidentiary hearing will last no more than five days. (2) Before 12/19/2014, the parties are to file a joint statement of the agreed-upon facts and a joint statement setting forth the different versions of the not-agreed-upon facts for the preliminary-injunctio n hearing. (3) By 2/2/2015, all discovery for the preliminary-injunction hearing is to be completed. (5) By 2/5/2015, the parties are to meet and notify the court which exhibits are admissible by agreement and which are not. By said date, they are al so to submit to the courtroom deputy, for marking, copies of all exhibits. (6) The time-period for responding to discovery relating to the preliminary-injunction hearing is shortened to three-business days. Signed by Honorable Judge Myron H. Thompson on 11/25/2014. Copies furnished to calendar group, AG. (dmn, )
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