Dunn et al v. Thomas et al

Filing 1353

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 app roved. (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' m otion 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 Q uang 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 cla ss 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 ho w 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, )

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.

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

PHASE 2A INVOLUNTARY MEDICATION SETTLEMENT
FINAL APPROVAL ORDER
Based

upon

the

representations

of

counsel

at

a

fairness hearing held in open court on August 24, 2017,
on

the

proposed

settlement

concerning

plaintiffs’

claims of involuntary medication without due process;
upon

consideration

of

the

proposed

settlement,

the

joint motion for approval of the proposed settlement,
the objections to the proposed settlement, and other
related

filings;

and

with

the

understanding

that

an

opinion will follow explaining the court’s reasoning,
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
agreement

(doc.

to
no.

the

provision

1248-1)

for

in
the

the

settlement

dismissal

with

prejudice of any and all claims asserted by plaintiff
Quang Bui regarding the involuntary-medication policies
and/or

practices,

these

claims

prejudice.

2

are

dismissed

with

(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.
notice

of

settlement

should

describe

in

The

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.
DONE, this the 6th day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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