Dunn et al v. Thomas et al
Plaintiff: 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
Defendant: Kim Thomas, Ruth Naglich and Alabama Department of Corrections
Case Number: 2:2014cv00601
Filed: June 17, 2014
Court: US District Court for the Middle District of Alabama
Office: Montgomery Office
County: St. Clair
Presiding Judge: Terry F. Moorer
Presiding Judge: William Keith Watkins
Nature of Suit: Americans with Disabilities - Other
Cause of Action: 42:12102
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
December 29, 2020 Opinion or Order 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, )
October 20, 2020 Opinion or Order 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, )
October 19, 2020 Opinion or Order 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, )
October 14, 2020 Opinion or Order 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, )
September 24, 2020 Opinion or Order 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, )
September 23, 2020 Opinion or Order 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, )
September 18, 2020 Opinion or Order 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, )
September 14, 2020 Opinion or Order 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, )
September 2, 2020 Opinion or Order 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, )
July 7, 2020 Opinion or Order 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, )
July 2, 2020 Opinion or Order 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, )
June 26, 2020 Opinion or Order 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, )
June 8, 2020 Opinion or Order 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, )
June 1, 2020 Opinion or Order 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, )
May 29, 2020 Opinion or Order 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, )
April 1, 2020 Opinion or Order 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, )
March 31, 2020 Opinion or Order 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, )
February 7, 2020 Opinion or Order 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, )
January 14, 2020 Opinion or Order 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, )
December 19, 2019 Opinion or Order 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, )
December 16, 2019 Opinion or Order 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, )
December 13, 2019 Opinion or Order 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, )
December 11, 2019 Opinion or Order 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, )
December 9, 2019 Opinion or Order 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, )
December 4, 2019 Opinion or Order 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, )
December 2, 2019 Opinion or Order 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, )
October 24, 2019 Opinion or Order 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, )
September 24, 2019 Opinion or Order 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, )
September 9, 2019 Opinion or Order 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, )
May 23, 2019 Opinion or Order 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, )
May 16, 2019 Opinion or Order 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, )
May 13, 2019 Opinion or Order 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, )
April 19, 2019 Opinion or Order 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, )
April 16, 2019 Opinion or Order 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, )
March 28, 2019 Opinion or Order 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, )
March 25, 2019 Opinion or Order 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, )
March 15, 2019 Opinion or Order 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, )
March 14, 2019 Opinion or Order 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, )
March 12, 2019 Opinion or Order 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, )
March 7, 2019 Opinion or Order 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, )
February 28, 2019 Opinion or Order 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, )
February 22, 2019 Opinion or Order 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, )
February 21, 2019 Opinion or Order 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, )
February 15, 2019 Opinion or Order 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, )
February 14, 2019 Opinion or Order 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, )
February 11, 2019 Opinion or Order 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, )
February 4, 2019 Opinion or Order 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, )
January 8, 2019 Opinion or Order 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, )
January 2, 2019 Opinion or Order 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, )
December 12, 2018 Opinion or Order 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, )
October 29, 2018 Opinion or Order 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, )
September 26, 2018 Opinion or Order Filing 2076 PHASE 2A OPINION REGARDING MONITORING ISSUE SCHEDULE. Signed by Honorable Judge Myron H. Thompson on 9/26/2018. (kh, )
September 19, 2018 Opinion or Order 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, )
September 6, 2018 Opinion or Order 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, )
September 5, 2018 Opinion or Order 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, )
August 2, 2018 Opinion or Order 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, )
August 1, 2018 Opinion or Order 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, )
July 31, 2018 Opinion or Order 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, )
July 19, 2018 Opinion or Order 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, )
July 11, 2018 Opinion or Order 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, )
June 14, 2018 Opinion or Order 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, )
May 23, 2018 Opinion or Order 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, )
April 11, 2018 Opinion or Order 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, )
March 30, 2018 Opinion or Order 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, )
March 8, 2018 Opinion or Order 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, )
March 1, 2018 Opinion or Order 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, )
February 28, 2018 Opinion or Order 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, )
February 20, 2018 Opinion or Order Filing 1656 PHASE 2A UNDERSTAFFING REMEDIAL OPINION. Signed by Honorable Judge Myron H. Thompson on 2/20/2018. (kh, )
February 2, 2018 Opinion or Order 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, )
January 29, 2018 Opinion or Order 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, )
January 2, 2018 Opinion or Order 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, )
December 20, 2017 Opinion or Order 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, ).
November 27, 2017 Opinion or Order Filing 1486 PHASE 2A INVOLUNTARY-MEDICATION SETTLEMENT FINAL APPROVAL OPINION. Signed by Honorable Judge Myron H. Thompson on 11/27/2017. (kh, )
September 26, 2017 Opinion or Order 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, )
August 25, 2017 Opinion or Order 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, )
July 25, 2017 Opinion or Order 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, )
July 13, 2017 Opinion or Order Filing 1299 DAUBERT OPINION AS TO PHASE 2A EIGHTH AMENDMENT CLAIM. Signed by Honorable Judge Myron H. Thompson on 7/13/2017. (kh, )
June 27, 2017 Opinion or Order 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, )
February 17, 2017 Opinion or Order 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, )
January 31, 2017 Opinion or Order 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, )
January 19, 2017 Opinion or Order 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, )
November 28, 2016 Opinion or Order 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, )
November 22, 2016 Opinion or Order 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, )
November 16, 2016 Opinion or Order 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, ).
October 20, 2016 Opinion or Order 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, )
September 30, 2016 Opinion or Order 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, )
September 28, 2016 Opinion or Order 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, )
September 27, 2016 Opinion or Order 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, )
September 9, 2016 Opinion or Order 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, )
August 18, 2016 Opinion or Order 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, )
August 5, 2016 Opinion or Order 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, )
August 2, 2016 Opinion or Order 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, )
July 21, 2016 Opinion or Order 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, )
July 7, 2016 Opinion or Order 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, )
April 18, 2016 Opinion or Order 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, )
March 8, 2016 Opinion or Order 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, )
February 23, 2016 Opinion or Order 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, )
February 12, 2016 Opinion or Order 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, )
January 28, 2016 Opinion or Order 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, )
October 6, 2015 Opinion or Order 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, )
July 27, 2015 Opinion or Order 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, )
May 19, 2015 Opinion or Order 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, )
April 21, 2015 Opinion or Order 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, )
December 9, 2014 Opinion or Order 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, )
November 26, 2014 Opinion or Order 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, )
November 25, 2014 Opinion or Order 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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Represented By: William Van Der Pol, Jr.
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Plaintiff: Turner Rogers
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Jonathan Sanford
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Timothy Sears
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Brian Sellers
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Augustus Smith
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Richard Terrell
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Hubert Tollar
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Daniel Tooley
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Joseph Torres
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Donald Ray Turner
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: William Villar
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Jamie Wallace
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Robert Myniasha Williams
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: Alabama Disabilities Advocacy Program
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Plaintiff: All Plaintiffs
Represented By: James Patrick Hackney
Represented By: Miriam Fahsl Haskell
Represented By: Ebony Howard
Represented By: Maria V Morris
Represented By: William Van Der Pol, Jr.
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Defendant: Kim Thomas
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Defendant: Ruth Naglich
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Defendant: Alabama Department of Corrections
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