Dunn et al v. Thomas et al

Filing 1012

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 plaintiff s 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 p arty; (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 Pruit t, 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, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOSHUA DUNN, et al.,
Plaintiffs,
v.
JEFFERSON S. DUNN, in his
official capacity as
Commissioner of
the Alabama Department of
Corrections, et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv601-MHT
(WO)

PHASE 2A INDIVIDUAL PLAINTIFFS
SUMMARY JUDGMENT ORDER
In accordance with the opinion entered today, it is
the

ORDER,

regard

to

JUDGMENT,
the

Phase

and
2A

DECREE
part

of

of

the

this

court

case

with

on

the

individual plaintiffs’ claims:
(1) The motion for summary judgment (doc. no. 768)
filed

by

Commissioner
Corrections,

defendants
of
and

the

Jefferson

Alabama

Ruth

Dunn,

Department

Naglich,

of

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
these

Moncrief,

plaintiffs

and
are

Richard

Terrell,

terminated

as

and

parties.

Summary judgment is granted on the merits of
plaintiff

Hardy’s

claim,

and

plaintiffs

Businelle, Carter, Dillard, Dunn, Moncrief, and
Terrell’s

claims

are

dismissed

without

prejudice as moot.
(2) The motion is granted as to plaintiff Sylvester
Hartley’s
claim.

involuntary-medication
However,

plaintiff

due-process

Hartley

is

not

terminated as a party.
(3) The motion is otherwise denied with respect to
the

individual

plaintiffs’

Phase

2A

claims.

(4) The mental-health care Eighth Amendment claims
of

plaintiffs

Christopher
McCoy,

Hartley,

Jackson,

Leviticus

Brandon

Pruitt,

2

Edward
Johnson,

Jamie

Braggs,
Roger

Wallace,

and

Robert

Myniasha

Williams,

involuntary-medication

and

due-process

the

claims

of

plaintiffs Quang Bui and McCoy, will proceed to
trial.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
DONE, this the 25th day of November, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE