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14-601 - Braggs et al v. Dunn et al


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14-601 - Braggs et al v. Dunn et al
November 25, 2014
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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-injunction 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 also 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, )
November 26, 2014
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[VACATED PURSUANT TO COURT 238 ORDER.] 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, ) Modified on 9/9/2015 (dmn, ).
December 9, 2014
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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 the 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, )
April 21, 2015
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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, )
May 19, 2015
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ORDER ON APPEALS FROM MAGISTRATE JUDGE'S ORDERS: It is ORDERED as follows: (1) With regard to the magistrate judge's discovery 133 Order, the plaintiffs' 144 Objection is overruled without prejudice. (2) With regard to the magistrate judge's discovery 163 Order, the plaintiffs are to file an objection, if any, by 5:00 p.m. on 5/19/2015. Signed by Honorable Judge Myron H. Thompson on 5/19/2015. (dmn, )
May 19, 2015
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ORDER ON SUGGESTIONS OF DEATHS: It is ORDERED as follows: (1) In light of the suggestions of the deaths of plaintiffs Sherry Baker and Bobby Copeland (doc. nos. 165 and 125), if the plaintiffs' counsel intend to replace these plaintiffs with other inmates (as opposed to making a substitution pursuant to Rule 25(a) of the FRCP), the plaintiffs counsel are to make the replacements by no later than 6/23/2015. (2) If the plaintiffs counsel agree that there should be no substitution pursuant to Rule 25(a), the plaintiffs counsel are to dismiss plaintiffs Baker and Copeland by no later than 6/23/2015. Signed by Honorable Judge Myron H. Thompson on 5/19/2015. (dmn, )
May 19, 2015
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[VACATED PURSUANT TO COURT 238 ORDER.] SUPPLEMENTAL SCHEDULING ORDER: It is ORDERED as follows: (1) The plaintiffs' 162 Unopposed Motion for Extension of Deadlines relating to Class Certification is granted. (2) The 72 Scheduling Order is further amended as follows: (A) The schedule for class-certification proceedings, including the hearing set for 8/26/2015, set forth in the amendment to the scheduling order (doc. no. 102) is canceled. (B) The schedule for class-certification proceedings should instead be in two phases as further set out in the order. (C) The following other deadlines in the amendment to the 102 Scheduling Order are to remain the same as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 5/19/2015. Copies furnished to calendar group, AG. (Deadline terminated: Class Certification Hearing (Oral Argument) set for 8/26/2015.) (dmn, ) Modified on 9/9/2015 (dmn, ).
May 19, 2015
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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, )
July 27, 2015
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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 place 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, )
October 6, 2015
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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 before 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, )
January 27, 2016
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OPINION AND ORDER: Because the court concludes, based on its in camera review of the documents that MHM has withheld, that the documents are protected neither by the state-law privilege MHM invoked nor by any other federal common-law or statutory quality-assurance or peer-review privilege, it is ORDERED as follows: (1) The plaintiffs motion to compel (doc. no. 290) is granted as further set out in the opinion and order. (2) MHM Correctional Services, Inc., is promptly to produce, in accordance with the protective order soon to be entered, the documents identified in its privilege log dated 12/23/2015 (doc. no. 290-3), by the following reference numbers and (inclusive) ranges: 14, 16, 45-68, 71-82, 96-112, 127-138, and 150-162. (3) Within seven days of the date of todays order, the parties and MHM are to confer and submit a joint proposed protective order as outlined in the above opinion. If, after making good-faith efforts, the parties and MHM cannot reach an agreement as to the precise terms of that order, they may submit separate proposals. Signed by Honorable Judge Myron H. Thompson on 1/27/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
January 28, 2016
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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, )
February 12, 2016
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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 party 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, )
February 23, 2016
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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 is 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 retaliation 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, )
March 8, 2016
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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 Regarding 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, )
April 18, 2016
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ORDER that the 407 Motion to Order Mediation is granted. The parties are directed to mediate the provisions of the plan described in the parties proposed settlement agreement (doc. no. 376-1). The court appoints as the mediator United States Magistrate Judge Terry Moorer. Defendant Alabama Department of Corrections (ADOC) is required to bring appropriate knowledgeable personnel with decision-making authority to each mediation session. ADOC will provide the plaintiffs and the mediator with a schedule of topics to be discussed and the ADOC personnel to be present at each mediation session by 4/18/2016. Mediation will commence on 4/19/2016, and will continue from day to day thereafter until 4/29/2016, or until the parties have reached agreement on the terms of the plan, whichever first occurs. Nothing herein shall prevent the parties from having settlement discussions in addition to those required by this order. Mediation Conference set for 4/19/2016 before Honorable Judge Terry F. Moorer. Signed by Honorable Judge Myron H. Thompson on 4/18/2016. Copies furnished to calendar, AG, CB.(dmn, )
April 18, 2016
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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 defendants' 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 argument 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, )
May 2, 2016
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JUDGMENT: Defendants having orally informed the court that they have no objection, it is the ORDERED, JUDGMENT, and DECREE of the court that plaintiffs' 436 motion for Paul Folsom to withdraw as named plaintiff is granted and that plaintiff Folsom is dismissed and terminated as a party with prejudice. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge Myron H. Thompson on 5/2/2016. (Attachments: # (1) Civil Appeals Checklist)(kh, )
July 7, 2016
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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, )
July 21, 2016
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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; Defs 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 deceased 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 time; 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, )
August 2, 2016
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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 (doc. 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 request 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 review 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, )
August 5, 2016
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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 defendants 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 18, 2016
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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, )
September 9, 2016
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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 Procedure 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 overruled. (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 granted. (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, )
September 27, 2016
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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 28, 2016
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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 30, 2016
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JUDGMENT: In light of the most recent amended complaint and by agreement of the parties, as expressed during a telephone conference held on the record on September 29, 2016, it is the ORDER, JUDGMENT, and DECREE of the court that plaintiffs Paul Folsom, Zerrick Naylor, Jonathan Sanford, and William Villar are again dismissed and terminated as parties to this case with prejudice. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 9/30/2016. (Attachments: # (1) Civil Appeals Checklist)(kh, )
September 30, 2016
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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, )
October 20, 2016
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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, )
November 22, 2016
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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 25, 2016
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PHASE 2A ADAP SUMMARY JUDGMENT OPINION. Signed by Honorable Judge Myron H. Thompson on 11/25/16. (djy, )
November 25, 2016
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PHASE 2A ADAP SUMMARY JUDGMENT ORDER, in accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows with regard to the Phase 2 claims of this case: (1) Summary judgment is entered in favor of plaintiff Alabama Disabilities Advocacy Program with respect to its associational standing to bring its Phase 2A claims in this case; (2) Plaintiff Alabama Disabilities Advocacy Programs Phase 2A claims will proceed to trial. Signed by Honorable Judge Myron H. Thompson on 11/25/16. (Attachments: # (1) civil appeals checklist)(djy, ).
November 25, 2016
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PHASE 2A INDIVIDUAL PLAINTIFFS SUMMARY JUDGMENT OPINION. Signed by Honorable Judge Myron H. Thompson on 11/25/16. (djy,).
November 25, 2016
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PHASE 2A INDIVIDUAL PLAINTIFFS SUMMARY JUDGMENT ORDER, in accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court with regard to the Phase 2A part of this case on the individual plaintiff' claims: (1) The 768 motion for summary judgment filed by defs Jefferson Dunn, Commissioner of the Alabama Department of Corrections, and Ruth Naglich, Associate Commissioner of Health Services for the Alabama Department of Corrections, is granted against plaintiffs Richard Businelle, Howard Carter, Robert Dillard, Joshua Dunn, Daletrick Hardy, Kenneth Moncrief, and Richard Terrell, and these plfs are terminated as parties; Summary judgment is granted on the merits of plf Hardy's claim, and plfs Businelle, Carter, Dillard, Dunn, Moncrief, and Terrel's claims are dismissed without prejudice as moot; (2) The motion is granted as to plf Sylvester Hartley's involuntary-medication due-process claim. However, plf Hartley is not terminated as a party; (3) The motion is otherwise denied with respect to the individual plfs' Phase 2A claims; (4) The mental-health care Eighth Amendment claims of plfs Hartley, Edward Braggs, Christopher Jackson, Brandon Johnson, Roger McCoy, Leviticus Pruitt, Jamie Wallace, and Robert Myniasha Williams, and the involuntary-medication due-process claims of plfs Quang Bui and McCoy, will proceed to trial; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 11/25/16. (Attachments: # (1) civil appeals checklist)(djy, )
November 25, 2016
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PHASE 2A CLASS CERTIFICATION OPINION. Signed by Honorable Judge Myron H. Thompson on 11/25/16. (djy, )
November 25, 2016
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PHASE 2A CLASS CERTIFICATION ORDER, in accordance with the opinion entered today, it is ORDER, JUDGMENT, and DECREE of the court that: The 665 motion for class certification filed by the remaining plfs asserting mental-health care Eighth Amendment and involuntary-medication due-process claims is granted in part and denied in part; (2) The motion is reserved for further consideration in Phase 2B with respect to the Phase 2B medical-care claims; (3) Two classes are certified pursuant to FederalRules of Civil Procedure 23(a) and (b)(2); (4) A mental-health care Eighth Amendment plf class is defined and certified as consisting of "all persons with a serious mental-health disorder or illness who are now, or will in the future be, subject to defs' mental-health care policies and practices in ADOC facilities, excluding the 13 work release centers and Tutwiler Prison for Women."; (5) Plfs Edward Braggs, Sylvester Hartley, Christopher Jackson, Brandon Johnson, Roger McCoy, Leviticus Pruitt, Jamie Wallace, and Robert Myniasha Williams are appointed as the representatives of the Eighth Amendment class; (6) An involuntary-medication procedural due-process plf class is certified as consisting of "all persons with a serious mental-health disorder or illness who are now, or will in the future be, subject to defs' formal involuntary-medication policies and practices."; (7) Plf Quang Bui is appointed as the representative of the procedural due-process class;(8) No class is certified with respect to the involuntary-medication substantive due-process claim brought by plaintiff Bui. He will be allowed to pursue this claim individually; (9) No class is certified with respect to the involuntary-medication substantive and procedural due-process claim brought by plf McCoy. He will be allowed to pursue this claim individually; (10) The Southern Poverty Law Center, the Alabama Disabilities Advocacy Program, and the law firmof Baker, Donelson, Bearman, Caldwell & Berkowitz are appointed as class counsel for both classes under Federal Rule of CivilProcedure 23(g).. Signed by Honorable Judge Myron H. Thompson on 11/25/16. (Attachments: # (1) civil appeals checklist)(djy, )
November 28, 2016
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PHASE 2B CLASS CERTIFICATION RESOLUTION ORDER directing that the 665 MOTION for class certification filed by the individual named plfs is reserved for further consideration with respect to the Pase 2B medical and dental care claims; the clerk is not to terminate this motion. Signed by Honorable Judge Myron H. Thompson on 11/28/16. (djy, )
November 28, 2016
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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, )
January 19, 2017
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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; further 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, )
January 31, 2017
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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 documents 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 acting 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 purpose 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, )
February 17, 2017
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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 recover 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 challenged 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, )
February 22, 2017
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PHASE 2A ORDER: ORDERED that plaintiffs' motion to supplement the record (doc. no. 1192) is denied without prejudice. It is time that the Phase 2A litigation on liability come to an end and that the issues be resolved reasonably soon. The additional evidence plaintiffs seek is not sufficiently important to justify more delay. Signed by Honorable Judge Myron H. Thompson on 2/22/2017. (kh, )
February 22, 2017
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PHASE 2A OPINION AND ORDER PRELIMINARILY APPROVING ADA MENTAL HEALTH SETTLEMENT AGREEMENT: Pursuant to Federal Rule of Civil Procedure 23(e), the parties jointly move the court to grant preliminary approval to their proposed ADA mental health settlement agreement in Phase 2A of this litigation; to approve the form of notice to class members of the proposed settlement agreement (attached as Exhibit A); to approve the form for objecting to or commenting on the proposed settlement agreement (attached as Exhibit B); and to approve the process for distributing these documents and collecting comments, as further set out below. It is therefore ORDERED that the joint motions for preliminary approval (doc. nos. 1175 and 1197) are granted as follows: 1. The proposed settlement agreement (doc. no. 1100) is preliminarily approved; final approval will be subject to a hearing and review by this court of any objections to or comments about the agreements terms submitted by class members, and to the courts resolution of certain outstanding issues identified in open court at a hearing held on February 16, 2017, and set for briefing below. 2. An injunctive-relief settlement class, defined as any current or future inmate in the physical custody of the Alabama Department of Corrections who has a disability as defined, as further set out. 3. The Southern Poverty Law Center, the Alabama Disabilities Advocacy Program, and Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, are appointed as class counsel to represent the settlement class under Rule 23(g). 4. The Alabama Department of Corrections (ADOC) is to provide notice of the proposed settlement agreement as outlined below by March 6, 2017, and to collect comments from class members as further outlined below by the submission deadline of April 5, 2017, as further set out. 5. By no later than May 1, 2017, the parties are to confirm in written filings with the court the following agreement, stipulated to during a hearing held in open court on February 16, 2017: This Agreement does not represent a settlement of all potential current and future claims that prisoners may bring under the ADA or Rehabilitation Acts. 6. By no later than May 1, 2017, the parties are to file pre-hearing briefs, both summarizing by topic and responding to the objections to and comments on the proposed settlement agreement that have been submitted by class members. These briefs must include citations to the page numbers on which any referenced objections or comments appear in the docketed compilations of responses. 7. By no later than May 1, 2017, the Alabama Disabilities Advocacy Program (ADAP) will file a brief concerning the reasonableness of the proposed settlement agreement, which will include one or more expert opinions addressing the adequacy of the settlement. 8. A fairness hearing is set for 10:00 a.m. on June 2, 2017, in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama. 9. After receiving objections and comments from class members, the court will determine from whom it intends to hear oral testimony. This testimony will be heard by videoconference from various ADOC facilities. Signed by Honorable Judge Myron H. Thompson on 2/22/2017. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(furn: AG, Calendar)(kh, )
May 11, 2017
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PHASE 2A OPINION AND ORDER PRELIMINARILY APPROVING INVOLUNTARY MEDICATION SETTLEMENT AGREEMENT: Pursuant to Federal Rule of Civil Procedure 23(e), the parties jointly move the court to grant preliminary approval of their proposed Involuntary Medication Settlement Agreement in Phase 2A of this litigation; to approve the form of notice to class members of the proposed settlement agreement ("notice form") (attached as Exhibit A); to approve the form for objecting to or commenting on the proposed settlement agreement ("comment form") (attached as Exhibit B); and to approve the process for providing notice and collecting comments from interested parties, as further set out. Based on the entire record before the court, the court finds as follows: First, the court finds that the proposed settlement agreement should be preliminarily approved, that notice should be provided to interested parties, and that a fairness hearing should be conducted. The court further finds it appropriate to provisionally certify a Rule 23(b)(2) injunctive-relief settlement class composed of "all persons with a serious mental health disorder or illness who are now, or will in the future be subject to defendants' formal involuntary medication policies and practices." For reasons to be articulated in a final decision regarding whether to approve the settlement, the court preliminarily finds that the settlement class meets the requirements of Rule 23(a)-- numerosity, commonality, typicality, and adequacy of representation--as well as the requirement of Rule 23(b)(2) that the issues involved "apply generally to the class," such that "relief is appropriate respecting the class as a whole." The court preliminarily finds that plaintiffs' counsel in this case can capably serve as and should be appointed class counsel, based on the factors outlined in Rule 23(g). Finally, the court finds that the notice and comment forms attached as exhibits to this order, and that the process for distributing and collecting these forms outlined below, constitute sufficient notice of and--together with the fairness hearing described below--opportunity to be heard on the proposed settlement agreement, as is required by due process and Rule 23(e). It is therefore ORDERED that the joint motion for preliminary approval and notice of proposed settlement (doc. nos. 1248) is granted as follows, as further set out. A fairness hearing is set for 10:00 a.m. on August 23, 2017, in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama. At this hearing, counsel for both parties must be prepared to respond to the objections and comments made by class members, as well as to the court's concerns as outlined above, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/11/2017. (Attachments: # (1) Notice of Proposed Class Action Settlement About Involuntary Medication, # (2) Response to Proposed Class Action Settlement)(furn: calendar, AG)(kh, )
June 27, 2017
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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 care 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, )
July 13, 2017
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DAUBERT OPINION AS TO PHASE 2A EIGHTH AMENDMENT CLAIM. Signed by Honorable Judge Myron H. Thompson on 7/13/2017. (kh, )
July 25, 2017
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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, )
August 25, 2017
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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, )
September 6, 2017
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PHASE 2A INVOLUNTARY MEDICATION SETTLEMENT FINAL APPROVAL ORDER: it is ORDERED as follows: (1) The objections to the settlement agreement (doc. nos. 1310, 1316, & 1322-2) are overruled. (2) The settlement agreement (doc. no. 1248-1) is approved. (3) The settlement agreement (doc. no. 1248-1) is entered as a consent decree. (4) United States Magistrate Judge John E. Ott is appointed to serve as mediator pursuant to § 16 of the consent decree entered today. (5) Plaintiffs' motion for attorneys' fees (doc. no. 1346), which defendants do not oppose, is granted. (6) Pursuant to the provision in the settlement agreement (doc. no. 1248-1) for the dismissal with prejudice of any and all claims asserted by plaintiff Quang Bui regarding the involuntary-medication policies and/or practices, these claims are dismissed with prejudice. (7) By no later than September 20, 2017, the parties are to meet and confer and submit to the court a plan for providing notice to class members of the entry of this consent decree and for ensuring that they have access to the decree during its pendency. The notice of settlement should describe in layperson's terms the involuntary-medication policy and procedure, as well as how a prisoner may go about challenging an involuntary-medication order or a violation of the policy requiring an involuntary-medication order before using force or coercion to administer medication to a prisoner. Signed by Honorable Judge Myron H. Thompson on 9/6/2017. (kh, )
September 6, 2017
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PHASE 2A INVOLUNTARY MEDICATION CONSENT DECREE. Signed by Honorable Judge Myron H. Thompson on 9/6/2017. (Attachments: # (1) Administrative Regulation 621)(kh, )
September 26, 2017
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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 correctional 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, )
November 9, 2017
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PHASE 2A INVOLUNTARY MEDICATION SETTLEMENT ORDER directing that the parties attached notice of final settlement of Phase 2A involuntary medication claim is approved. Signed by Honorable Judge Myron H. Thompson on 11/9/17. (Attachments: # (1) Notice: Due process rights in involuntary medication process)(djy, )
November 27, 2017
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PHASE 2A INVOLUNTARY-MEDICATION SETTLEMENT FINAL APPROVAL OPINION. Signed by Honorable Judge Myron H. Thompson on 11/27/2017. (kh, )
December 20, 2017
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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 contributing 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-cell 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 response. (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 Street, 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 immediate 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 Frank 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 frequency 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 defendants' 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 submit 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 immediate 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, ).
January 2, 2018
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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 proposal 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, and 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, )
January 29, 2018
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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, )
February 2, 2018
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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 agreed 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, )
February 20, 2018
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PHASE 2A UNDERSTAFFING REMEDIAL OPINION. Signed by Honorable Judge Myron H. Thompson on 2/20/2018. (kh, )
February 28, 2018
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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, )
March 1, 2018
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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 evidence (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, )
March 8, 2018
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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 Amendment 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 30, 2018
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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 training 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 ORDERING 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, )
April 11, 2018
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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, )