Henderson et al v. Bentley et al

Filing 306

STIPULATED ORDER, on the Joint Motion for Approval of the Parties' settlement agreement and entry of stipulated order for the reasons set forth in the Opinion accompanying this order, ORDERING and ADJUDGING, as further set out in order; further ORDERING that all outstanding motions are denied as moot; directing the clerk to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 9/30/13. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
LOUIS HENDERSON, et al.,
Plaintiffs,
v.

Civil Case No. 2:11cv224-MHT
(WO)

KIM THOMAS, Commissioner,
Alabama Department of Corrections, et
al.,
Defendants.
STIPULATED ORDER
This matter, having come before the Court on the Joint Motion for Approval
of the Parties’ Settlement Agreement and Entry of Stipulated Order, and the Court
having entered an Opinion and Judgment on December 21, 2012, having further
ordered the provision of adequate notice to members of the Plaintiff Class of the
terms of this Order, having received and considered the written objections from
members of the Plaintiff Class related to the contents of this Order, having held
fairness hearings on September 24, 2013, commencing at 10:00 a.m. and
September 26, 2013, commencing at 11:00 a.m., having reviewed the filings,
document, orders and/or admissible evidence which are currently filed of record
with the Court, and having considered the arguments of counsel for the Parties and

{H0127437.2}

the other premises herein, it is hereby ORDERED and ADJUDGED, for the
reasons set forth in the Opinion accompanying this Order, as follows:
1.

NOTICE PURSUANT TO RULE 23(e)(1). Reasonable notice of the

proposed settlement was provided to the Plaintiff class in the manner directed by
the Court by separate Order. Members of the Plaintiff class were then afforded an
opportunity to submit comments and objections to the Court concerning the
proposed settlement. Fairness hearings pursuant to Fed. R. Civ. P. 23(e)(2) was
held on September 24 and 26, 2013, at which the Court heard arguments and
testimony.
2.

RULE 23(e)(2) FINDINGS. The Court, having considered the

arguments and testimony at the hearing, the comments submitted by class
members, and the entire record in this case, concludes that the settlement is fair,
reasonable, and adequate.
3.

DISCONTINUATION OF SEPARATE HIV HOUSING. Pursuant

to the terms and conditions of this Order and the process identified herein, the
ADOC will discontinue its policy and practice of housing inmates who have HIV
separately from inmates who do not have HIV. HIV-positive inmates will be
housed in general population housing together with non-HIV-positive inmates,
except for those HIV-positive inmates assigned to designated housing units for
medical, administrative, disciplinary, protective, and/or security reasons.
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2

The

ADOC may house HIV-positive inmates in administrative or disciplinary
segregation, or protective custody, on the same basis as prisoners who do not have
HIV.
4.

REVISION OR ELIMINATION OF ALL HIV-SPECIFIC

POLICIES,

PROTOCOLS,

REGULATIONS

AND

STANDARD

OPERATING PROCEDURES. In order to implement the remedial plan
described herein, the ADOC will revise and replace the existing rules, policies,
protocols, regulations and standard operating procedures that are specifically
applicable to inmates with HIV. The rules, policies, protocols, regulations and
standard operating procedures which shall be eliminated, revised and/or amended
are the following:
TO BE REVISED:
a.

Exh. J-1 - Alabama Department of Corrections, Office of

Health Services, HIV Serology in Determining Special Housing Needs (revised
June 2011) (ADOC008886-8889);
b.

Exh. J-6 - Alabama Department of Corrections, Office of

Health Services, Medical Coding Assessment Guide (revised Feb. 2011)
(ADOC008893);

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3

c.

Exh. J-8 - Alabama Department of Corrections Classification

Manual (revised Oct. 2010) (ADOC008663-782; see ADOC008720 &
ADOC008738);
d.

Exh. J-32 - A.D.O.C. – Office of Health Services – Medical /

Dental and Mental Health Services Code Match Map (recent review 03/25/10)
(ADOC008783 – 8786);
e.

Exh. J-33 - Alabama Department of Corrections – Office of

Health Services: Medical Health Care Code “6,” Subset “A – Z” (revised Mar.
2010) (ADOC008787);
f.

Exh. J-36 - ADOC – Office of Health Services Medical Coding

Assessment Guide (revised Feb. 2011) (ADOC008893);
g.

Exh. J-48 - Inmate orientation information and forms

(ADOC009303 – 9317; see ADOC009306-07, ADOC009313, ADOC009315);
h.

Exh. J-63 - Alabama Department of Corrections, Office of

Health Services, Division Manual, Policies and Procedures, January 20, 2012
(ADOC17740 – 18038; see ADOC017769, 17773, 17795, 17846, 17881 and
17985); and
i.

Exh. J-64 - Limestone Correctional Facility Standard Operating

Procedure C-29, Residential Treatment Unit (ADOC18838 - 18845).
TO BE ELIMINATED: 
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4

j.

Exh. J-2 - Alabama Department of Corrections, Julia Tutwiler

Prison for Women, Standard Operating Procedure No. 12-3: Inmates with Human
Immunodeficiency Virus (HIV)/ Acquired Immune Deficiency Syndrome (AIDS)
(Nov. 28, 2011) (ADOC009036-40);
k.

Exh. J-3 - Alabama Department of Corrections, Office of

Health Services, Information for HIV+ Inmates to be Considered for or Housed at
Work Release (revised May 2011) (ADOC008813);
l.

Exh. J-7 - Alabama Department of Corrections, Limestone

Correctional Facility, Standard Operating Procedure E-25: Inmates with Human
Immunodeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS)
(May 8, 2008) (ADOC018855-61);
m.

Exh. J-34 - A.D.O.C. Inmate With HIV + Serology Health

Screening and Criteria Assessment Tool; Transfer Consideration Specific to the
Montgomery Work Release Program (Female) (revised Nov. 2011) (ADOC008809
– 8810);
n.

Exh. J-35 - A.D.O.C. Inmate With HIV + Serology Health

Screening and Criteria Assessment Tool; Transfer Consideration Specific to the
Decatur Work Release Program (Male) (revised Nov. 2011) (ADOC008811 –
8812);

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5

o.

Exh. J-49 - Limestone Correctional Facility Post Orders,

Dormitory C Cubicle Officer (ADOC009318 – 9339);
p.

Exh. J-65 - Limestone Correctional Facility Standard Operating

Procedure C-55, Leatherwood Settlement (ADOC18846 - 18849).
Procedure for Adoption of New Policies Not Listed Above. To the extent
that the ADOC elects to adopt any additional policy not specifically referenced in
this Order which is applicable only to HIV-positive inmates, then the ADOC shall
provide Counsel for the Plaintiff Class with a copy of the proposed policy at least
21 days prior to adoption of any such policy. Counsel for the Plaintiff Class may
submit any comments, questions or proposed revisions to counsel for the ADOC
within 14 days after receipt of such policy. To the extent that the Parties cannot
reach a consensus on any such proposed policy during the term of this Order, such
disagreement shall be submitted to Magistrate Judge Wallace Capel for resolution
consistent with the Dispute Resolution provisions contained herein.
Specific Amendments to the Policies Listed Above: The ADOC will
maintain the discretion and authority to revise its policies and procedures
consistent with the terms and conditions of this Order and the ADOC specifically
agrees to revise policies and procedures which will address (a) the confidentiality
of medical information pertaining to all inmates consistent with the requirements
of applicable law, and (b) the adoption of revised Medical Coding criteria which
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6

result in the elimination of the automatic classification of prisoners with HIV with
one specific Medical Code.
Procedure for Revision of Policies Listed Above: The ADOC will provide
Counsel for the Plaintiff Class a copy of any and all revised policies on or before
September 1, 2013. Counsel for the Plaintiff Class will provide any suggested
further revisions on or before October 1, 2013.
Procedure for Creation of New Acute Care Policy: Pursuant to the
Settlement Agreement, the ADOC has provided Counsel for the Plaintiff Class a
copy of the new policy pertaining to the Acute Care Unit at Limestone
Correctional Facility, and Counsel for the Plaintiff Class has provided suggested
further revisions to the ADOC. To the extent there is any disagreement over such
policies that is not rectified by discussions between the Parties, any such
disagreement shall be subject to the dispute-resolution provisions herein.
5.

ACUTE CARE UNIT. The ADOC will maintain an Acute Care Unit

at Limestone Correctional Facility for housing inmates whose individual medical
condition, as determined by the HIV Specialist or another authorized medical
professional, justifies special housing assignments in a setting that provides acute
care. If a prisoner with HIV has been assigned to administrative or disciplinary
segregation, but the HIV Specialist or another authorized medical professional
determines it is in the inmate’s medical interest to be housed in the close
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7

observation setting, the inmate may be housed in segregation within the Acute
Care Unit.
6.

NO ISOLATION AT INTAKE. The ADOC will cease the practice

of isolating newly-diagnosed HIV-positive inmates at Julia Tutwiler Prison for
Women and Kilby Correctional Facility on or before August 1, 2013. Upon
cessation of this practice, any inmate who receives a positive ELISA test result for
HIV will remain housed in the receiving unit at Julia Tutwiler Prison for Women
or Kilby Correctional Facility, unless such inmate must be housed in a separate
housing area due to disciplinary, protective or other security-related reasons or
because an authorized medical provider determines that the inmate needs to be
housed separately for medical reasons. The ADOC will inform Counsel for the
Plaintiff Class in writing when they have ended the prior intake process for HIVpositive inmates at Julia Tutwiler Prison for Women and Kilby Correctional
Facility.
7.

PRE-TRANSFER PREPARATIONS.

Before any HIV-positive

inmate is transferred to any facility under this revised housing plan, the following
preparatory steps will be completed:
a.

Initial Written Directive from ADOC Commissioner. At the

outset of the implementation of this proposed remedial plan, the ADOC
Commissioner will issue three separate written directives to (1) all classification
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8

staff, (2) senior security staff (i.e. wardens, captains, and above) and other security
staff, and (3) all inmates, notifying these individuals of the changes in the ADOC’s
housing practices related to HIV-positive inmates, as described below. The written
directives will express the ADOC Commissioner’s commitment to complying with
the Court’s judgment and ending the prior policies of the ADOC as it relates to
prisoners with HIV.

The directives to staff and inmates will also express

commitment to ensuring that these individuals receive further education as to the
current state of science relative to HIV and AIDS as well as an explicit directive
that expresses ADOC’s zero tolerance of any prisoner threatening, abusing or
undertaking acts of violence or abuse against any other inmate because of his or
her HIV status.

The directives to staff will include a mandate from the

Commissioner that all ADOC personnel must respect the confidentiality of the
medical conditions of all inmates, including the HIV-positive status of certain
inmates, and that the intentional disclosure of any inmate’s medical status,
including an HIV-positive diagnosis, may constitute a violation of ADOC policy
and will result in consideration of disciplinary action. The Directives are attached
to the Parties’ Agreement as Exhibit B.
b.

Training of Correctional Staff by AATEC. The ADOC will

enter into a Memorandum of Understanding with the Alabama AIDS Training and
Education Center (“AATEC”) to provide correctional staff with training sessions
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9

throughout the system. ADOC and AATEC will agree on the duration of the
training sessions. Training will be mandatory for all staff on all shifts.
Topics to be covered in this training will include the matters identified in the
memorandum by Richard Meriwether with AATEC which is attached to the
Parties’ Agreement as Exhibit C, as well as an additional training segment utilized
by AATEC related to HIV stigma. Training sessions will include opportunities for
staff members to ask questions. The ADOC will continue to offer basic training
related to communicable diseases and “universal precautions” through training
offered to correctional officer candidates at the Alabama Corrections Academy.
The ADOC will incorporate a segment related to HIV prejudice and stigma within
the current Academy curriculum.
c.

Education Training for Inmates. The ADOC staff (together

with representatives of the ADOC’s independent medical provider) will provide
educational training to inmates at each of the subject institutions (excluding
Decatur Work Release and Montgomery Women’s Center where such training has
been previously provided). All individuals conducting training will be at least
registered nurses licensed in the State of Alabama. This training will occur first at
Julia Tutwiler Prison for Women. The materials and lesson plans to be utilized in
the training of inmates will relate to HIV and other sexually transmitted infections
(“STIs”), and will be mutually agreed upon by the Parties prior to the
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10

commencement of training. To the extent there is any disagreement regarding
these materials and plans that is not rectified by discussions between the Parties,
any such disagreement shall be subject to the dispute-resolution provisions herein.
Beginning on or before June 1, 2014, the ADOC will provide the Inmate Training
Handouts on HIV and other STIs to all incoming inmates.
d.

Training of Medical Staff by AATEC. Each clinician who is

expected to provide primary care at facilities housing HIV-positive inmates will
engage in a mandatory preceptorship with UAB’s 1917 Clinic. The hours of
training devoted by each medical professional will vary depending upon their
medical training, education and/or experience as well as the expected tasks
assigned to them related to HIV-specific care.

To the extent necessary, the

ADOC’s independent medical provider may identify additional laboratory
personnel who may receive training to ensure the accuracy of laboratory results for
testing specific to HIV.
e.

Installation of Additional Telemedicine Units.

Before the

reassignment of HIV-positive inmates to any of the subject facilities, the ADOC
will install telemedicine units (i.e. videoconferencing hardware) at facilities where
such telemedicine units are necessary for the delivery of HIV-specific consultation.
f.

Training of Classification Staff. Additional training of ADOC

Classification staff will be conducted internally. As part of this training, ADOC
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11

will train classification personnel that an inmate’s HIV status must not be
documented in his or her classification file, except when such information must
necessarily be included as part of an inmate’s classification record (for example,
when an inmate’s HIV status is an element of his or her criminal conviction).
During this training, classification personnel will also be instructed not to inquire
into an inmate’s HIV status. The site classification personnel will attend the
AATEC trainings provided to correctional staff at each facility. Classification
personnel situated outside of individual ADOC facilities are not required to receive
any such training under this Order.
g.

Reclassification of HIV-Positive Inmates.

All HIV-positive

inmates will undergo a reclassification under the revised housing policy pursuant
to the existing ADOC Classification Manual. The ADOC will classify each inmate
without regard to his or her HIV-positive status, consistent with ADOC’s
classification policies and procedures. No inmate will be given authority to choose
or direct his or her placement at any particular facility.

Any documentation

produced during the reclassification process will conform to the instructions
provided to classification personnel during the training sessions identified above in
Paragraph 7.f. Consistent with the terms of the ADOC Classification Manual
(including Section 4.4.3 thereof), the reclassification of HIV-positive inmates
under this Order may constitute a “lateral transfer” and, as such, the ADOC may
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12

consider an inmate’s request for assignment to “an institution that is closer to home
or for program participation.”
h.

Reassignment to Begin at Julia Tutwiler Prison for Women and

Kilby Correctional Facility. The reassignment of HIV-positive inmates will begin
at Julia Tutwiler Prison for Women and Kilby Correctional Facility and that initial
reassignment of inmates within these facilities will be utilized to identify any
actual or potential issues which may result from these housing reassignments to
prevent any further issues at any other locations. Beginning on August 1, 2013,
newly arriving female HIV-positive inmates will be processed together with nonHIV-positive female inmates through the intake / receiving process at Julia
Tutwiler Prison for Women, which includes initial assignment to the receiving
dorm within Tutwiler.
Beginning on September 13, 2013, newly arriving male HIV-positive
inmates will be processed together with non-HIV-positive male inmates through
the intake / receiving process at Kilby Correctional Facility, which includes initial
assignment to the receiving dorm within Kilby. Upon completion of the intake /
receiving process, male HIV-positive inmates will be transferred to the Permanent
Party dorm once sufficient beds are available, on the same basis as other inmates.
These newly arriving male HIV-positive inmates assigned to the Permanent Party
dorm will be subject to reassignment beginning on June 1, 2014.
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13

8.

IMPLEMENTATION

SCHEDULE.

The

schedule

for

implementation of the matters set forth in this Order shall be as follows:
July 30, 2013

Complete Security Staff and Inmate Training at
Tutwiler and Kilby

July 30, 2013

Complete Training for Classification Staff at Tutwiler
and Kilby

July 30, 2013

Complete Reclassification of Female Inmates at
Tutwiler

August 1, 2013

Reassign Female Inmates within Tutwiler

August 1, 2013

Begin Assigning Incoming HIV-Positive Inmates to
Receiving Dorms at Tutwiler and Kilby

September 3, 2013

HIV-Positive Female Inmates first eligible
assignment to Birmingham Work Release

September 3, 2013

ADOC issues Commissioner’s Directives

September 13, 2013

Begin Assignment of Incoming Male HIV-Positive
Inmates at Kilby to Permanent Party Dorms

April 1, 2014

Complete Installation of Telemedicine Equipment

May 1, 2014

Complete Training for All Correctional and Medical
Personnel and Inmates

June 1, 2014

Begin Reassignment of Male HIV-Positive Inmates at
Limestone

November 1, 2014

Complete Reassignment of All HIV-Positive Inmates

for

To the extent that the ADOC does not complete its specific obligations (as defined
in this Agreement) within the timeframes set forth above, the Parties reserve the
right to mutually agree in writing to an extension of this Order and the Plaintiff
Class reserves the right to request an extension of the term of this Order as well as
the reporting requirements stated herein and/or to seek enforcement of the above
timeframes.

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14

9.

TRANSFER OF HIV-POSITIVE INMATES TO SELECT

FACILITIES. Pursuant to the terms of this Order, HIV-positive inmates will be
eligible to be housed at the following facilities:
Birmingham Work Release

Tutwiler Prison for Women

Decatur Work Release

Staton Correctional Facility

Donaldson Correctional Facility

Bullock Correctional Facility

Fountain Correctional Facility

Elmore Correctional Facility

Limestone Correctional Facility

St. Clair Correctional Facility

Loxley Work Release

Mobile Work Release

Montgomery Women’s Center

Red Eagle Work Center

Nothing in this Order should be construed as creating any obligation for the ADOC
to house any inmates in any facilities operated by the ADOC within the State of
Alabama other than the facilities listed above. The Parties reserve the right to enter
into a separate, independent agreement under which they may expand upon the
number of facilities where HIV-positive inmates may be housed under the same
circumstances as described in this Order.
10.

WORK RELEASE CRITERIA. The ADOC will implement and

maintain a work release clearance policy and procedure which will be uniformly
applied to all eligible inmates including all eligible HIV-positive inmates. In other
words, the ADOC will no longer maintain any separate or distinct medical
clearance form or criteria for eligible HIV-positive inmates. The work release
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15

criteria will be utilized in the basic form and substance attached to the Parties’
Agreement as Exhibit D. The ADOC may revise and alter the attached work
release criteria to the extent necessary so long as the work release criteria do not
include any criteria applicable only to HIV-positive inmates.
11.

ARM BANDS. Nothing contained in this Order shall prohibit the

ADOC from utilizing arm bands to identify inmates housed in particular housing
units in any ADOC facility, so long as the use of arm bands does not result in a
direct or indirect means of disclosure of any inmate’s HIV-positive status.
12.

ATTORNEYS’ FEES AND EXPENSES.1 The ADOC shall remit

to Counsel for the Plaintiff Class payment in the amount of One Million Three
Hundred Thousand and No/100 ($1,300,000.00), which shall constitute payment
for any and all attorneys’ fees and expenses incurred, charged and/or otherwise
generated by Counsel for the Plaintiff Class from the inception of the Litigation
through the date of entry of this Order. The Parties further agree that the above                                                            

The Court has independently evaluated the reasonableness of the attorneys’ fees
and expenses agreed upon by the parties. After considering (1) the time and labor
required, (2) the novelty and difficulty of the questions involved, (3) the skill
requisite to perform the legal service properly, (4) the preclusion of other
employment by the attorney due to acceptance of the case, (5) the customary fee,
(6) whether the fee is fixed or contingent, (7) time limitations imposed by the client
or the circumstances, (8) the amount involved and the results obtained, (9) the
experience, reputation, and ability of the attorneys, (10) the 'undesirability' of the
case, (11) the nature and length of the professional relationship with the client, and
(12) awards in similar cases, the Court finds that the agreed-upon fees set forth
herein are reasonable.
1

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15

referenced sum may be paid by the ADOC in three separate installment payments
as follows: $450,000 within 30 days after entry of the Stipulated Order, $450,000
on or before June 2, 2014, and $400,000 on or before November 3, 2014. The
Parties acknowledge and agree that the payments reflected in this paragraph
constitute payment in full of attorneys’ fees and expenses claimed by the Plaintiff
Class and/or its counsel and/or owed by all Defendants in this matter through the
date of the entry of this Order.

The Plaintiff Class and its counsel hereby

voluntarily, completely and unconditionally waive any and all right, claim and/or
entitlement to the recovery of any monies of any kind from any Defendant in this
action for any and all attorneys’ fees and/or expenses incurred, charged and/or
otherwise generated by Counsel for the Plaintiff Class from the filing of this action
through the date of entry of this Order.
Upon the termination or expiration of this Order pursuant to Paragraph 20
below, and from time to time prior to such termination, the Plaintiff Class may
petition the Court for an award of attorneys’ fees and expenses incurred by
Counsel for the Plaintiff Class for the period of time beginning on the date of the
entry of this Order and continuing through the date of the termination or expiration
of this Order, or a subperiod thereof. Plaintiff Class and its counsel specifically
agree that they shall charge an hourly rate of $195.00 per hour for attorneys and
$100.00 per hour for non-attorneys for any fees incurred following the entry of this
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16

Order and that they shall not seek reimbursement for any fees, retainers, costs,
charges or expenses of any kind incurred by any expert retained by the Plaintiff
Class or its counsel for work done or tasks completed during the term of the
Parties’ Agreement. The ADOC and the Defendants reserve their rights to object
to and/or oppose any petition or request by the Plaintiff Class and/or its counsel for
any fees or expenses which may be sought after the date of the execution of their
Agreement. However, the ADOC and the Defendants agree that they will not
assert in any such objection or opposition that the hourly rates agreed upon above
are not reasonable.
13.

ACCESS TO INMATE RECORDS. Counsel for the Plaintiff Class

will have access to copies of the medical and/or institutional records of members of
the Plaintiff Class.

With respect to inmate medical records, Counsel for the

Plaintiff Class shall provide the release of medical information forms typically
used by the ADOC and its independent medical provider, at the time of the record
request. Counsel for the Plaintiff Class will pay reasonable copying charges for
such records not to exceed $0.50 per page.
14.

REPORTING REQUIREMENTS. During the term of this Order,

the ADOC shall provide the following reports on or before the dates shown below:

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17

a.

Inmate Housing Reports: On May 15, 2014, August 15, 2014,

November 17, 2014, February 13, 2015 and June 15, 2015, the ADOC will report
to Counsel for the Plaintiff Class:
i.

The name, AIS Number, assigned facility, custody level,

medical code, mental health code, and EOS date for each member of the Plaintiff
Class. The first time each inmate appears on this report, the ADOC will also report
his or her county of commitment;
ii.

the Names and AIS Numbers of HIV-positive Inmates

assigned to the Acute Care Unit;
iii.

the Number of HIV-positive Inmates assigned to the

Acute Care Unit who are housed in disciplinary or administrative segregation;
iv.

the Number of HIV-positive Inmates assigned to the

Acute Care Unit who are housed in the infirmary at Limestone Correctional
Facility;
v.

the Number of HIV-negative Inmates assigned to the

Acute Care Unit who are housed in the infirmary at Limestone Correctional
Facility; and
vi.

the Number of HIV-positive Inmates assigned to the

Acute Care Unit who are housed in a general population dormitory at Limestone
Correctional Facility.
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b.

Medical Training Reports: On October 1, 2013, February 3,

2014 and June 2, 2014, the ADOC will report to Counsel for the Plaintiff Class:
i.

the Titles of medical contractor personnel who have

completed the 1917 Clinic preceptorships referenced in this Order, and the dates of
those preceptorships; and
ii.

the Titles of any medical personnel who are scheduled to

complete preceptorships under the terms of this Order but have not yet done so.
c.

Inmate & Staff Training Reports: On October 1, 2013,

February 3, 2014 and June 2, 2014, the ADOC will report to Counsel for the
Plaintiff Class:
i.

Locations and dates that HIV training sessions referenced

in this Order took place since June 15, 2013;
ii.

Approximate number of attendees at each session; and

iii.

The number of classification staff and correctional staff

who have yet to be trained at the facilities where trainings for their respective
groups have already taken place.
Pursuant to the Health Insurance Portability and Accountability Act
(HIPAA), Pub. L. No. 104-191, 110 Stat. 1936 (1996), this Order expressly
authorizes the ADOC and any health care provider, health plan, or other covered
entity that contracts with ADOC to periodically provide to Counsel for the Plaintiff
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19

Class the names and AIS numbers of all prisoners with HIV who are assigned to
the Acute Care Unit at Limestone Correctional Facility, even if such production
would result in the release of protected health information of such prisoners. The
Parties are expressly prohibited from using or disclosing the protected health
information obtained pursuant to this Order for any purpose other than this action.
Further, the Parties shall either return to the covered entity from whom or which
such protected health information was obtained, or to destroy the protected health
information (including all copies made), immediately upon expiration of this
Order. See 45 C. F. R. §§ 163.502(b); 164.512(e)(1)(v). This Order is and shall
constitute an “order of a court or administrative tribunal” pursuant to the Privacy
Rule, 45 C.F.R. § 164.512(e)(1)(i), promulgated under the Health Insurance
Portability and Accountability Act (HIPAA), Pub. L. No. 104-191, 110 Stat. 1936
(1996). “Protected health information” and “covered entities” have the meanings
set forth in 45 C.F.R. § 160.103.
15.

NOTIFICATION REGARDING MEDICATION COMPLAINTS.

To the extent that Counsel for the Plaintiff Class receives any report from any
member of the Plaintiff Class that he or she is not receiving his or her HIV-related
medications as prescribed, such complaints may be initially submitted via
electronic mail to the following e-mail address: [e-mail] and
must be followed with a copy sent via United States Mail to Anne Adams Hill at
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20

the following mailing address: Anne Adams Hill, Alabama Department of
Corrections, Post Office Box 301501, Montgomery, Alabama 36130-1501.
16.

PLACEMENT OF AGREEMENT IN LAW LIBRARIES. The

ADOC will place a copy of the Parties’ Agreement in the law library at every
ADOC facility where one exists.
17.

NO MONETARY COMPENSATION. Excluding the payment of

attorneys’ fees and costs to Counsel for the Plaintiff Class in this action, nothing
contained in this Order creates, mandates or constitutes any obligation of any
Defendant, the State of Alabama and/or the Alabama Department of Corrections to
compensate, pay or otherwise provide any monetary payment of any kind to any
inmate formerly housed, currently housed or housed in the future in any
correctional facility operated by or at the direction of the Alabama Department of
Corrections. Moreover, nothing in this Order creates any basis for any purported
or actual Class Member to seek any financial recovery or monetary benefit of any
kind from any Defendant, the State of Alabama and/or the Alabama Department of
Corrections. Nothing in this Order is intended to curtail the rights of individual
prisoners with HIV to bring lawsuits for violations of the Americans with
Disabilities Act or the Rehabilitation Act, which are not otherwise barred for
reasons unrelated to this Order.

{H0127437.2}

21

18.

NO APPEAL. All Parties have waived all rights to seek any appeal

from and/or appellate review of this Order.
19.

COURT’S RETENTION OF JURISDICTION TO ENFORCE

THE ORDER. Upon the entry of this Order, the Circuit Clerk for the United
States District Court for the Middle District of Alabama is hereby directed to
administratively close this case, but the Court shall retain jurisdiction to enforce
this Order.
20.

EXPIRATION OF ORDER. Unless otherwise agreed in writing by

the Parties or extended by Order of the Court or unless a motion to extend the term
of this Order is then pending, this Order shall expire by its own terms at 12:00 p.m.
(Central Daylight Savings Time) on June 30, 2015. In the event that any such
pending motion identified above (as of June 30, 2015) is denied, this Order shall
expire on the date on which such motion is denied by the Court.
21.

NO WAIVER OF PRIVILEGE.

Nothing in this Order or

undertaken pursuant to this Order constitutes or is intended to constitute a waiver
of any applicable privilege of any kind.
22.

FINDINGS PURSUANT TO 18 U.S.C. § 3626(a).

The Court

specifically finds that the prospective relief in this Order is narrowly drawn,
extends no further than necessary to correct the violations of federal rights as
alleged by the Plaintiff Class in the Second Amended Complaint, is the least
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intrusive means necessary to correct these violations, and will not have an adverse
impact on public safety or the operation of a criminal justice system. Accordingly,
this Order complies in all respects with the provisions of 18 U.S.C. § 3626(a).
In making these findings pursuant to 18 U.S.C. § 3626(a), the Court
expressly acknowledges that it is not relying in any way on all or any portion of
any Private Settlement Agreement and nothing in this Order is intended to address,
incorporate or render enforceable in this Court any obligation undertaken or
assumed by the ADOC under the Private Settlement Agreement, which shall be
enforceable pursuant to its own terms in a state court of competent jurisdiction.
Nothing contained in this Order or the Parties’ Agreement shall be construed
as an admission of any kind by the State of Alabama, any Defendant and/or any
agent, employee, officer and/or representative of the Alabama Department of
Corrections, except as expressly stated in this Order and the Parties’ Agreement.
23.

DISPUTE RESOLUTION. In the event of any dispute related to the

terms and conditions of this Order, the Parties shall submit to mediation before
United States Magistrate Judge Wallace Capel prior to filing any document with
the Court related to the alleged matters which are the subject of the dispute. To the
extent that any party files any such motion or pleading with the Court without first
submitting the matter to mediation, any such filing shall be dismissed without
prejudice pending the outcome of mediation.
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24.

PRESS STATEMENTS. Upon entry of this Order, the Parties shall

issue the Joint Press Statement attached as Exhibit E to their Agreement, and any
Party may subsequently choose to issue any other public statement.
25.

NO ADDITIONAL EMPLOYMENT OBLIGATIONS. Nothing in

this Order shall be construed in any way as creating any obligation of any kind
upon any Defendant, the State of Alabama or the Alabama Department of
Corrections to hire, retain and/or employ any consultant, advisor, correctional
officer, medical professional or other individuals of any kind, excluding the
retention of AATEC.
26.
ORDERS.

NO VIOLATION OF ANY OTHER APPLICABLE COURT
Nothing in this Order is intended to create any obligation or

requirement which would result in the violation of any other currently existing
order entered by a Court of competent jurisdiction.
It is further ORDERED that all outstanding motions are denied as moot.
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 closed.

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IT IS SO ORDERED, this 30th day of September, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
MYRON H. THOMPSON

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