Dunn et al v. Thomas et al

Filing 1524

ADDITIONAL PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Accordingly, for the reasons and based on the representations made on the record on December 19, 2017, it is ORDERED as follows with regard to the remaining contrib uting factors not previously set for hearing: (1) As to the defendants' failure to identify prisoners with serious mental-health needs and to classify their needs properly, as well as the defendants' failure to provide sufficient out-of-cel l time and treatment to those who need residential treatment, (A) By February 2, 2018, the defendants are to submit a proposal on how to proceed as to both immediate and long-term relief. (B) By February 9, 2018, the plaintiffs are to submit a respon se. (C) A pretrial hearing is set for February 14, 2018, at 10:00 a.m., in chambers. (D) A hearing on the issue is set for February 26, 2018, at 10:00 a.m. in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Stree t, Montgomery, Alabama. (2) As to the defendants' failure to provide individualized treatment plans to prisoners with serious mental-health needs, (A) By February 14, 2018, the defendants are to submit a proposal on how to proceed as to both imm ediate and long-term relief. (B) By February 21, 2018, the plaintiffs are to submit a response. (C) A pretrial hearing is set for March 1, 2018, at 10:00 a.m., in chambers. (D) A hearing on the issue is set for March 5, 2018, at 10:00 a.m. in the Fra nk M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. (3) As to the defendants' failure to provide psychotherapy by qualified and properly supervised mental-health staff and with adequate fre quency and sound confidentiality, (A) By March 9, 2018, the defendants are to submit a proposal on how to proceed as to both immediate and long-term relief. (B) By March 16, 2018, the plaintiffs are to submit a response. (C) A pretrial hearing is set for March 20, 2018, at 10:00 a.m., in chambers. (D) A hearing on the issue is set for March 26, 2018, at 10:00 a.m. in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. (4) As to defen dants' failure to identify suicide risks adequately and to provide adequate treatment and monitoring to those who are suicidal, engaging in self-harm, or otherwise undergoing a mental-health crisis, (A) By March 30, 2018, the defendants are to s ubmit a proposal on how to proceed as to both immediate and long-term relief. (B) By April 6, 2018, the plaintiffs are to submit a response. (C) A pretrial hearing is set for April 11, 2018, at 10:00 a.m., in chambers. (D) A hearing on the issue is set for April 16, 2018, at 10:00 a.m. in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. (5) As to defendants' imposition of disciplinary sanctions on mentally ill prisoners for symptoms of their mental illness, and imposing disciplinary sanctions without regard for the impact of sanctions on the prisoners' mental health, (A) By April 11, 2018, the defendants are to submit a proposal on how to proceed as to both immedia te and long-term relief. (B) By April 18, 2018, the plaintiffs are to submit a response. (C) A pretrial hearing is set for April 30, 2018, at 10:00 a.m., in chambers. (D) A hearing on the issue is set for May 7, 2018, at 10:00 a.m. in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Myron H. Thompson on 12/20/2017. (furn: calendar, AG)(kh, ) Modified on 12/20/2017 (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.

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

ADDITIONAL PHASE 2A REVISED REMEDY SCHEDULING ORDER ON
THE EIGHTH AMENDMENT CLAIM
Previously,
liability
1171,

opinion,

1267-68

identified

on

June

Braggs

(M.D.

eight

27,
v.

Ala.

2017,

the

Dunn,
2017)

“contributing

257

court
F.

in

Supp.

(Thompson,
factors”

its
3d

J.),

to

the

defendants’ violation of the Eighth Amendment in their
provision of mental-health care to inmates.

Three of

those factors were set for in seriatim hearings.
Phase

2A

Revised

Remedy

Scheduling

Amendment Claim (doc. no. 1357).

Order

on

See

Eighth

One of the three

factors

had

out-of-cell

two
time

residential

parts:
and

“Providing

treatment

treatment;

and

to

insufficient

those

failing

to

hospital-level care to those who need it.”
F. Supp. 3d at 1267.
factor

(“Providing

who

need

provide

Braggs, 257

However, the first part of that

insufficient

out-of-cell

time

and

treatment to those who need residential treatment”) was
not set for hearing.
for

hearings

the

Also, the court has yet to set
remaining

contributing factors.

five

of

the

eight

Because the issue of out-of-cell

time and treatment for inmates in need of residential
treatment is relatively narrow, and somewhat related to
the identification and classification of prisoners with
serious

mental-health

needs,

those

issues

will

be

consolidated during the remedial phase.
***
Accordingly, for the above reasons and based on the
representations
2017,

it

is

made

on

the

ORDERED

as

follows

2

record

on

with

December
regard

to

19,
the

remaining contributing factors not previously set for
hearing:
(1)

As

prisoners

to

the

defendants’

serious

their

classify

with

needs

failure

mental-health
properly,

as

to

identify

needs

and

well

as

to
the

defendants’ failure to provide sufficient out-of-cell
time

and

treatment

to

those

who

need

residential

treatment,
(A)
submit

a

By February 2, 2018, the defendants are to

proposal

on

how

to

proceed

as

to

both

immediate and long-term relief.
(B)

By February 9, 2018, the plaintiffs are to

submit a response.
(C) A pretrial hearing is set for February 14,
2018, at 10:00 a.m., in chambers.
(D) A hearing on the issue is set for February
26, 2018, at 10:00 a.m. in the Frank M. Johnson Jr.
United States Courthouse Complex, Courtroom 2FMJ, One
Church Street, Montgomery, Alabama.

3

(2)

As

to

individualized

the

defendants’

treatment

plans

failure
to

to

provide

prisoners

with

serious mental-health needs,
(A)
to

submit

a

By February 14, 2018, the defendants are
proposal

on

how

to

proceed

as

to

both

immediate and long-term relief.
(B)

By February 21, 2018, the plaintiffs are

to submit a response.
(C) A pretrial hearing is set for March 1,
2018, at 10:00 a.m., in chambers.
(D) A hearing on the issue is set for March 5,
2018, at 10:00 a.m. in the Frank M. Johnson Jr. United
States Courthouse Complex, Courtroom 2FMJ, One Church
Street, Montgomery, Alabama.
(3)

As

to

the

psychotherapy

by

mental-health

staff

defendants’

qualified
and

with

sound confidentiality,

4

and

failure
properly

adequate

to

provide

supervised

frequency

and

(A)
submit

a

By March 9, 2018, the defendants are to

proposal

on

how

to

proceed

as

to

both

immediate and long-term relief.
(B)

By March 16, 2018, the plaintiffs are to

submit a response.
(C) A pretrial hearing is set for March 20,
2018, at 10:00 a.m., in chambers.
(D) A hearing on the issue is set for March 26,
2018, at 10:00 a.m. in the Frank M. Johnson Jr. United
States Courthouse Complex, Courtroom 2FMJ, One Church
Street, Montgomery, Alabama.
(4) As to defendants’ failure to identify suicide
risks adequately and to provide adequate treatment and
monitoring

to

those

who

self-harm,

or

otherwise

are

suicidal,

undergoing

a

engaging

in

mental-health

crisis,
(A)
submit

a

By March 30, 2018, the defendants are to

proposal

on

how

to

immediate and long-term relief.

5

proceed

as

to

both

(B)

By April 6, 2018, the plaintiffs are to

submit a response.
(C) A pretrial hearing is set for April 11,
2018, at 10:00 a.m., in chambers.
(D) A hearing on the issue is set for April 16,
2018, at 10:00 a.m. in the Frank M. Johnson Jr. United
States Courthouse Complex, Courtroom 2FMJ, One Church
Street, Montgomery, Alabama.
(5) As to defendants’ imposition of disciplinary
sanctions
their

on

mental

mentally

ill

illness,

prisoners
and

for

imposing

symptoms

of

disciplinary

sanctions without regard for the impact of sanctions on
the prisoners’ mental health,
(A)
submit

a

By April 11, 2018, the defendants are to

proposal

on

how

to

proceed

as

to

both

immediate and long-term relief.
(B)

By April 18, 2018, the plaintiffs are to

submit a response.
(C) A pretrial hearing is set for April 30,
2018, at 10:00 a.m., in chambers.

6

(D) A hearing on the issue is set for May 7,
2018, at 10:00 a.m. in the Frank M. Johnson Jr. United
States Courthouse Complex, Courtroom 2FMJ, One Church
Street, Montgomery, Alabama.
DONE, this the 20th day of December, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE