Dunn et al v. Thomas et al

Filing 1891

OPINION AND ORDER REGARDING HOSPITAL-LEVEL CARE AND DEATH-ROW INMATES: Accordingly, it is ORDERED that death-row inmates do not opt out of the hospital-level care provided by the Alabama Department of Corrections pursuant to these proceedings. Counsel for plaintiffs are to arrange for appropriate representatives of the Equal Justice Initiative and the Federal Defenders to receive copies of this order. Signed by Honorable Judge Myron H. Thompson on 6/14/2018. (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 REGARDING HOSPITAL-LEVEL
CARE AND DEATH-ROW INMATES
At a hearing in open court on June 13, 2018, the
parties agreed that, pursuant to this court’s order for
an interim measure regarding hospital-level care and
the

“Vitek

Department
notice

to

issue”
of

(doc.

Corrections

counsel

for

no.

1678),

(ADOC)

plaintiffs

the

already
when

an

Alabama
provides

inmate

is

scheduled to receive hospital-level care, and that such
notice is provided with sufficient time for counsel to
consult with the inmate and raise any objections prior

to transfer; plaintiffs’ counsel agreed that, when they
receive this notice about an inmate who is subject to a
death sentence, they would immediately pass this notice
on to counsel for that inmate so that that inmate may
object if he or she wants; and counsel for the Equal
Justice

Initiative

and

the

Federal

Defenders

agree

that, with these understandings, they do not object to
death-row inmates participating in hospital-level care
provided by ADOC pursuant to these proceedings.
Accordingly, it is ORDERED that death-row inmates
do not opt out of the hospital-level care provided by
the Alabama Department of Corrections pursuant to these
proceedings.
Counsel
appropriate

for

plaintiffs

representatives

are
of

to
the

arrange
Equal

for

Justice

Initiative and the Federal Defenders to receive copies
of this order.
DONE, this the 14th day of June, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE