Dunn et al v. Thomas et al

Filing 1989

ORDER: Based on the representations made on the record on September 6, 2018, it is ORDERED that defendants' objection to inmate witnesses (doc. no. 1986) is overruled, albeit subject to sanctions being imposed on plaintiffs' counsel. Pla intiffs' counsel admit that they "dropped the ball." Moreover, it is important that court orders, and the deadlines in them, be respected if there is to be an orderly and fair resolution of issues in this litigation, as further set out. Signed by Honorable Judge Myron H. Thompson on 9/6/2018. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EDWARD BRAGGS, et al.,

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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)

ORDER
Based on the representations made on the record on
September

6,

2018,

objection

to

inmate

it

is

ORDERED

witnesses

that

(doc.

defendants'

no.

1986)

is

overruled, albeit subject to sanctions being imposed on
plaintiffs' counsel.

Plaintiffs' counsel admit that

they "dropped the ball."
that

court

respected

orders,
if

there

and
is

Moreover, it is important
the
to

be

deadlines
an

in

orderly

resolution of issues in this litigation.

them,
and

be

fair

Nevertheless,

to

bar

the

testimony

of

these

inmates

due

to

the

failure of plaintiffs' counsel would be too draconian a
sanction on the plaintiff class in this lawsuit brought
on

their

behalf

to

constitutional right.
that

the

defendants

vindicate

an

important

Also, the court is not convinced
would be

unfairly

prejudiced

by

allowing the testimony of these inmates; indeed, the
court will accommodate any difficulty defendants may
now have in producing the witnesses.
fair

resolution

counsel.

is

simply

Plaintiffs'

to

counsel

Therefore, a more

sanction
will

not

plaintiffs'
be

able

to

recover attorneys' fees and expenses for the aspects of
this litigation directly related to the testimony of
these

inmates

(including

talking

to

them

before

the

hearing as well as their testimony at the hearing).
Admittedly, plaintiffs' counsel point to circumstances
where defense counsel have "dropped the ball" as well.
Prospectively, therefore, if defense counsel do so in
the future, they will be subject to (but not limited to

2

depending on the circumstances) appropriate sanctions
against them personally as well.
DONE, this the 6th day of September, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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