Henderson et al v. Bentley et al

Filing 250

JUDGMENT, in accordance with the 249 opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) judgment is entered in favor the plaintiffs and against the defendants; (2) it is DECLARED that, with the exception of the Alabama Department of Corrections' work-release policy, its segregation policy with regard to HIV-positive prisoners violates Title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., and 504 of the Rehabilitation Act, 2 9 U.S.C. 794; (3) the parties will be given a reasonable opportunity, jointly or separately, to propose relief to the court; (4) by a later separate order, the court will address the unresolved challenge to the work-release policy. Signed by Honorable Judge Myron H. Thompson on 12/21/12. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

LOUIS HENDERSON, DANA
HARLEY, DWIGHT SMITH,
ALBERT KNOX, JAMES
DOUGLAS, ALQADEER HAMLET,
and JEFFREY BEYER, on
behalf of themselves and
of those similarly
situated,

)
)
)
)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
KIM THOMAS, Commissioner, )
Alabama Department of
)
Corrections; BILLY
)
MITCHEM, Warden, Limestone )
Correctional Facility;
)
FRANK ALBRIGHT, Warden,
)
Julia Tutwiler Prison
)
for Women; BETTINA CARTER, )
Warden, Decatur Work
)
Release/ Community Work
)
Center; EDWARD ELLINGTON, )
Warden, Montgomery Women’s )
Facility, in their
)
official capacities,
)
)
Defendants.
)
JUDGMENT

CIVIL ACTION NO.
2:11cv224-MHT
(WO)

In accordance with the opinion entered this date, it
is the ORDER, JUDGMENT, and DECREE of the court as follows:
(1) Judgment is entered in favor of the plaintiffs
and against the defendants.
(2) It is DECLARED that, with the exception of the
Alabama Department of Corrections’ work-release policy,
its

segregation

prisoners

policy

violates

with

Title

II

regard
of

to

the

HIV-positive

Americans

with

Disabilities Act, 42 U.S.C. § 12101 et seq., and § 504 of
the Rehabilitation Act, 29 U.S.C. § 794.
(3) The

parties

will

be

given

a

reasonable

opportunity, jointly or separately, to propose relief to
the court.
(4) By a later separate order, the court will address
the unresolved challenge to the work-release policy.
DONE, this the 21st day of December, 2012.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE