Dunn et al v. Thomas et al

Filing 2419

PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Based on the representations made on the record on March 11, 2019, it is ORDERED that the plaintiffs motion for a status conference is granted (doc. no. 2387 ) and the remain ing deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: Evidentiary Hearing previously set for 3/12/2019 reset for 3/18/2019, at 09:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Tho mpson; Oral Argument set for 3/18/2019, at 09:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson regarding the following document numbers: 2353 , 2397 , 2398 , 2383 , 2382 , 2345 , 2380 , 2410 , 2414 , 2345 , 2364 , 2377 , 2406 -07, 2345 , 2379 , 2357 , 2408 , 2276 , 2014 , 2384 , 2374 , as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/12/2019. (furn: calendar, ag) (kh, )

Case 2:14-cv-00601-MHT-GMB Document 2419 Filed 03/12/19 Page 1 of 4

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
Based on the representations made on the record on
March 11, 2019, it is ORDERED that the plaintiffs’ motion
for a status conference is granted (doc. no. 2387) and
the remaining deadlines and dates for the Phase 2A remedy
scheduling

order

for

revised as follows:

the

Eighth

Amendment

claim

are

Case 2:14-cv-00601-MHT-GMB Document 2419 Filed 03/12/19 Page 2 of 4

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

Continued
generally
pending
mediation and
resolution of
the monitoring
issue

Oral argument on how to proceed
on remedies for violations found
in supplemental liability
opinion. (doc. nos. 2353, 2397, &
2398).

3/18/19 at 9:00 a.m.

HOSPITAL-LEVEL CARE
Oral argument on how to proceed
on defendants’ statement as to
whether revised stipulations
meet the PLRA’s
‘need-narrowness-intrusiveness’
requirements. (doc. nos. 2383 &
2382). Counsel for plaintiffs
have already said that they do.

3/18/19 at 9:00 a.m.

SUICIDE PREVENTION
Oral argument and hearing on
parties’ joint proposals on
‘methods’ defendants can use to
verify that segregation rounds
are being properly conducted in
segregation and segregation-like
settings. (doc. nos. 2345, 2380,
2410, & 2414.).
Oral argument and hearing
parties’ submission of 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. nos.
2345 & 2364).
Oral argument and hearing on
defendants’ development of a
‘review
process’ that collects and
consolidates information on

3/18/19 at 9:00 a.m.

3/18/19 at 9:00 a.m.

3/18/19 at 9:00 a.m.

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Case 2:14-cv-00601-MHT-GMB Document 2419 Filed 03/12/19 Page 3 of 4
at least a weekly basis for each
prisoner in ADOC with SMI who is
housed in segregation; that is, a
“tracking process.” (doc. nos.
2345, 2377, & 2406-07).
Oral argument and hearing on
parties’ submission of joint
report to the court as to other
prisons that do not place (or
significantly limit the placement
of) SMI prisoners in segregation.
(doc. nos. 2345 & 2379).
Oral argument on how to proceed
on defendants’ initial submission
of the results for “tracking
process’ of SMIs in segregation.
(doc. nos. 2345, 2357, & 2408).
Evidentiary hearing on
plaintiffs’ motion for
preliminary injunctions. (doc.
no. 2276)
Deadline for parties to mediate
any objection or dispute per
adopted Joint Notice Regarding
Process for Assessing Suicide
Prevention Measures. (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 Regarding
Process for Assessing Suicide
Prevention Measures. (doc. no.
2014)
Pretrial hearing per adopted
Joint Notice Regarding Process
for Assessing Suicide Prevention
Measures. (doc. no. 2014)
Evidentiary hearing per adopted
Joint Notice Regarding Process
for Assessing Suicide Prevention
Measures. (doc. no. 2014)

3/18/19 at 9:00 a.m.

3/18/19 at 9:00 a.m.

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

3/18/19 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
Oral argument on how to proceed
on defendants’ statement as to
whether revised stipulations
meet the PLRA’s
‘need-narrowness-intrusiveness’
requirements. (doc. nos. 2384 &

3/18/19 at 9:00 a.m.

3

Case 2:14-cv-00601-MHT-GMB Document 2419 Filed 03/12/19 Page 4 of 4
2382). Counsel for plaintiffs
have already said that they do.
Oral argument on how to proceed
on parties’ joint proposal for
deadlines (a) for development of
stipulations’ proposed training
module and (b) for beginning of
the substantive implementation of
the training. (doc. no. 2374).

3/18/19 at 9:00 a.m.

MISCELLANEOUS
Oral argument on how to proceed
on defendants’ statement as to
whether all remedial stipulations
previously approved and adopted
by the court meet the PLRA’s
‘need-narrowness-intrusiveness’
requirements. (doc. no. 2382).
Counsel for plaintiffs have
already said that they do.

3/18/19 at 9:00 a.m.

DONE, this the 12th day of March, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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