Dunn et al v. Thomas et al

Filing 2365

PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: It is ORDERED that the unopposed motion for extension (doc. no. 2362 ) is granted and the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 2/22/2019. (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)

PHASE 2A REVISED REMEDY SCHEDULING ORDER
ON THE EIGHTH AMENDMENT CLAIM
It is ORDERED that the unopposed motion for extension
(doc. no. 2362) is granted and the remaining deadlines
and dates for the Phase 2A remedy scheduling order for
the Eighth Amendment claim are revised as follows:

OLD DATES

NEW DATES

SEGREGATION
Parties to develop schemes to
verify that defendants are now
accurately and timely identifying
SMI inmates with regard to
segregation
Briefs due regarding remedies for
violations found in supplemental
liability opinion (doc. no.
2353).

Continued
generally
pending
mediation and
resolution of
the monitoring
issue
3/5/19

HOSPITAL-LEVEL CARE
Parties are to submit revised
stipulations that reflect changes
agreed upon at 2/7/19 hearing
Defendants are to file statement
as to whether revised
stipulations meet the PLRA’s
‘need-narrowness-intrusiveness’
requirements. Counsel for
plaintiffs have already said that
they do.

3/1/19 at noon
3/1/19 at noon

SUICIDE PREVENTION
Parties to submit joint proposals
on ‘methods’ defendants can use
to verify that segregation rounds
are being properly conducted in
segregation and segregation-like
settings (doc. no. 2345).
Parties to submit to the court a
list of the agreed-upon
segregation-like settings, as
well as the settings
about which they may not be able
to reach an agreement (doc. no.
2345).
Defendants to develop a ‘review
process’ that collects and
consolidates information on
at least a weekly basis for each
prisoner in ADOC with SMI who is

2/21/19

2/21/19

2/28/29

2

2/28/19

housed in segregation; that is, a
“tracking process” (doc. no.
2345).
Parties to submit a joint report
to the court as to other prisons
that do not place (or
significantly limit the placement
of) SMI prisoners in segregation
(doc. no. 2345).
Defendants to begin submitting to
court the results for “tracking
process’ of SMIs in segregation
(doc. no. 2345).
Experts to submit report per
adopted Joint Notice Regarding
Process for Assessing Suicide
Prevention Measures (doc. no.
2014)
Evidentiary hearing on
plaintiffs’ motion for
preliminary injunctions (doc. no.
2276)
Deadline for parties to mediate
any objection or dispute per
adopted Joint Notice (doc. no.
2014)
Pretrial briefs (in which parties
are to set forth and discuss with
clarity the objections, if any,
to the experts’ report) per
adopted Joint Notice (doc. no.
2014)
Pretrial hearing per adopted
Joint Notice (doc. no. 2014)
Evidentiary hearing per adopted
Joint Notice (doc. no. 2014)

2/28/19

3/7/19

3/8/19

3/12/19 at
9:00 a.m.
3/22/19

3/29/19

4/2/19 at
10:00 a.m.
4/9/19 at 9:00
a.m.

DISCIPLINARY SANCTIONS
Parties are to submit revised
stipulations that reflect changes
agreed upon at 2/7/19 hearing
Defendants are to file statement
as to whether revised
stipulations meet the PLRA’s
‘need-narrowness-intrusiveness’
requirements. Counsel for
plaintiffs have already said that
they do.
Parties are to submit joint
proposal for deadlines (a) for
development of stipulations’

3/1/19 at noon
3/1/19 at noon

3/1/19 at noon

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proposed training module and (b)
for beginning of the substantive
implementation of the training
MISCELLANEOUS
Defendants are to file statement
as to whether all remedial
stipulations previously approved
and adopted by the court meet the
PLRA’s
‘need-narrowness-intrusiveness’
requirements. Counsel for
plaintiffs have already said that
they do.

3/1/19 at noon

DONE, this the 22nd day of February, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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