Dunn et al v. Thomas et al

Filing 1720

PHASE 2A ORDER RE: SEGREGATION REMEDY directing that the following stipulations made by the parties in open court on 2/28/2018, as clarified during an on-the-record conference call on 3/5/2018, are approved: (1) the ADOC will use the definition of serious mental illness (SMI) that has been adopted and published by the American Correctional Association, which is set forth in plaintiffs Demonstrative Exhibit 174; (2) Dr. Kathryn Burns and Dr. Mary Perrien will work together to develop a train ing module for the ADOC's mental-health staff, as further set out in order; (3) the SMI designation will be independent from the ADOC's mental-health coding system and will be identified by a flag or a warning signal, or a signal somewhere else within the electronic system; (4) an SMI designation may only be made by an individual who is a member of the ADOC's vendor's mental-health staff who is authorized under Alabama law to diagnose a mental-health condition; further ORDERI NG that, pursuant to the parties joint statement (doc. no. 1695), the Burns and Perrien training module is to be complete by 5/31/2018, and ADOC is to make the training module available for use by appropriate mental-health staff by 7/31/2018. Signed by Honorable Judge Myron H. Thompson on 3/30/18. (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.

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

PHASE 2A ORDER RE: SEGREGATION REMEDY
It is ORDERED that the following stipulations made
by the parties in open court on February 28, 2018, as
clarified during an on-the-record conference call on
March 5, 2018, are approved:
(1) The ADOC will use the definition of serious
mental

illness

published

by

(SMI)

the

that

American

has

been

Correctional

adopted

and

Association,

which is set forth in plaintiffs’ Demonstrative Exhibit
174.

(2) Dr. Kathryn Burns and Dr. Mary Perrien will
work

together

to

develop

a

training

module

for

the

ADOC’s mental-health staff on the implementation of the
SMI

designation

and

how

the

American

Correctional

Association’s definition of SMI should be applied and
implemented in determining which individuals would be
designated as having an SMI.

The training module will

be in place throughout the term of either two years
from February 27, 2018, or until the termination of any
order

that

this

court

might

enter

on

a

segregation

remedy, if it so chooses, whichever is longer.
(3) The SMI designation will be independent from
the

ADOC’s

mental-health

coding

system

and

will

be

identified by a flag or a warning signal, or a signal
somewhere else within the electronic system.
(4)

An

individual

SMI
who

designation
is

a

member

may
of

only
the

be

made

ADOC’s

by

an

vendor’s

mental-health staff who is authorized under Alabama law
to

diagnose

a

mental-health

2

condition.

It

is

further

ORDERED

that,

pursuant

to

the

parties’ joint statement (doc. no. 1695), the Burns and
Perrien training module is to be complete by May 31,
2018, and ADOC is to make the training module available
for use by appropriate mental-health staff by July 31,
2018.
DONE, this the 30th day of March, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE