Dunn et al v. Thomas et al

Filing 1981

OPINION AND ORDER: As to the unresolved issue identified in the court's opinion and order of June 22, 2018 (doc. no. 1904 ), the court stated during an on-the- record status conference on September 4, 2018, that it believes, from the evidenc e presented, that the problems underlying this issue are threefold, as further set out. Accordingly, it is ORDERED that the parties are to attempt jointly to develop a scheme by which the plaintiffs and the court can verify that the defendants can no w be trusted to accurately and timely identify SMI inmates (both categorical and non-categorical ones) who are considered for, or in, segregation. The parties will be given two weeks to develop, through mediation, this scheme. Signed by Honorable Judge Myron H. Thompson on 9/5/2018. (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.

)
)
)
)
)
)
)
)
)
)
)
)
)

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

OPINION AND ORDER
As to the unresolved issue identified in the court's
opinion and order of June 22, 2018 (doc. no. 1904), the
court stated during an on-the-record status conference
on September 4, 2018, that it believes, from the evidence
presented, that the problems underlying this issue are
threefold:

the

defendants

have

grossly

failed

to

accurately identify SMI inmates (both categorical and
non-categorical

ones);

that

the

defendants

need

to

develop a reliable in-house "self-critical" scheme to
check behind themselves so as to assure that they are

accurately

and

timely

identifying

SMI

inmates

(both

categorical and non-categorical ones) in segregation; and
the court and the plaintiffs need the ability to verify
that

defendants

are

identifying

SMI

prisoners

in

segregation in a timely manner for the time being.
Accordingly, it is ORDERED that the parties are to
attempt

jointly

to

develop

a

scheme

by

which

the

plaintiffs and the court can verify that the defendants
can now be trusted to accurately and timely identify SMI
inmates (both categorical and non-categorical ones) who
are

considered

for,

or

in,

segregation.

The

court

encourages the parties to approach this task in a manner
that addresses all three above-mentioned problems at
once.
and

is

The court is not wedded to any particular approach
willing

to

consider

through the mediation process.

any

approaches

generated

The parties will be given

two weeks to develop, through mediation, this scheme.
DONE, this the 5th day of September, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE