Dunn et al v. Thomas et al

Filing 1014

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 FederalR ules 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, Levi ticus 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 seriou s 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 subs tantive 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, )

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

)
)
)
)
)
)
)
)
)
)
)
)
)

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

PHASE 2A CLASS CERTIFICATION ORDER
In accordance with the opinion entered today, it is
ORDER, JUDGMENT, and DECREE of the court that:
(1) The motion for class certification (doc. no.
665)

filed

by

the

remaining

plaintiffs

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 Federal
Rules of Civil Procedure 23(a) and (b)(2).
(4) A mental-health care Eighth Amendment plaintiff
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 defendants’ mental-health
care policies and practices in ADOC facilities,
excluding

the

13

work

release

centers

and

Tutwiler Prison for Women.”
(5) Plaintiffs
Christopher
McCoy,

Edward

Braggs,

Jackson,

Leviticus

Sylvester

Brandon

Pruitt,

Hartley,

Johnson,

Jamie

Roger

Wallace,

and

Robert Myniasha Williams are appointed as the
representatives of the Eighth Amendment class.
(6) An

involuntary-medication

due-process
consisting

plaintiff
of

“all

2

class
persons

procedural

is

certified

with

a

as

serious

mental-health disorder or illness who are now,
or

will

in

the

defendants’

future

formal

be,

subject

to

involuntary-medication

policies and practices.”
(7) Plaintiff

Quang

representative

Bui

of

the

is

appointed

procedural

as

the

due-process

class.
(8) No

class

is

certified

with

respect

to

the

involuntary-medication substantive due-process
claim brought by plaintiff Bui.
allowed
(9) No

to

class

is

pursue

this

certified

involuntary-medication
procedural

due-process

plaintiff McCoy.

claim
with

He will be
individually.

respect

to

substantive
claim

brought

the
and
by

He will be allowed to pursue

this claim individually.
(10) 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 for

3

both

classes

under

Federal

Rule

of

Civil

Procedure 23(g).
DONE, this the 25th day of November, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE