Dunn et al v. Thomas et al

Filing 1566

OPINION AND ORDER RE: HEAT SENSITIVITY: It is ORDERED that counsel for all parties, after reviewing a transcript of the hearing on August 23, 2017, and after conferring with each other, file a joint report regarding the status, in this litigation, of the issue of heat sensitivity experienced by prisoners taking psychotropic medication--including whether these prisoners still risk suffering from overheating due to placement in cells without air conditioning and what progress, if any, has been made toward remedying the situation--by no later than February 12, 2018. Signed by Honorable Judge Myron H. Thompson on 1/29/2018. (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)

OPINION AND ORDER RE: HEAT SENSITIVITY
At a status conference on January 24, 2018, the
court asked counsel for the parties about the status of
the issue of heat sensitivity experienced by prisoners
prescribed psychotropic medication and whether the ADA
required

a

reasonable

accommodation

for

those

prisoners. As the court understood it, this issue had
been raised in a prior hearing. However, counsel for
both sides responded that they did not remember the
issue being raised previously. Fortunately, it appears
that counsel, and not the court, had a ‘senior moment.’

At

a

hearing

on

August

23,

2017,

a

prisoner

testified about how psychotropic medication can cause
the body to overheat, which can result in seizures,
stoke, and even death if left unaddressed. He further
testified

that

all

of

the

prisoners

prescribed

psychotropic medication in the ADOC facility where he
was

imprisoned

conditioning.

were

housed

in

cells

without

air

The court asked counsel for plaintiffs

whether this issue is part of this litigation; if so,
whether it should be a concern of the court; and, if
so, whether it is the type of matter that could be
resolved through that ADA as an accommodation. Counsel
for plaintiffs responded that, in their view, it is
part of this litigation; that it is an issue “the court
should be concerned about”; that there was an ongoing
discussion

of

architectural

modifications

needed

to

bring the ADOC into compliance with the ADA; and that
they

would

add

the

issue

to

discussion.
***

2

the

list

of

items

for

Accordingly, it is ORDERED that counsel for all
parties, after reviewing a transcript of the hearing on
August 23, 2017, and after conferring with each other,
file

a

joint

litigation,

report
of

experienced

the

by

suffering

from

issue

the
of

prisoners

medication--including
risk

regarding

whether

status,
heat

taking
these

overheating

due

in

sensitivity
psychotropic

prisoners
to

this

still

placement

in

cells without air conditioning and what progress, if
any, has been made toward remedying the situation--by
no later than February 12, 2018.
DONE, this the 29th day of January, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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