Dunn et al v. Thomas et al

Filing 2425

PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Based on the representations made on the record on March 14, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: Oral Argument set for 3/27/2019, at 09:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson regarding the following document numbers: 2345 , 2380 , 2410 , 2414 , 2364 , 2377 , 2406 -07, [237 9], 2357 , 2408 , as further set out in order. Final Pretrial Conference previously set for 4/2/19, at 10:00 a.m. RESET for 3/25/2019, at 10:00 AM, by telephone, before Honorable Judge Myron H. Thompson. Evidentiary Hearings previously set for 3/18/2019 and 4/9/2019 RESET for 3/27/19 through 4/10/19, at 9:00 a.m. each day, in CR 2FMJ, before Honorable Judge Myron H. Thompson, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/14/2019. (furn: ag, calendar)(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
Based on the representations made on the record on
March

14,

2019,

it

is

ORDERED

that

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

Continued
generally
pending
mediation and
resolution of
the monitoring
issue
3/18/19 at
9:00 a.m.

To be reset.

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.

To be reset.

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

3/27/19 at 9:00 a.m.

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

3/27/19 at 9:00 a.m.

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

3/27/19 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

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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).
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 on all remaining
issues, including but not limited
to further addressing whether
plaintiffs’ motion for
preliminary injunctions (doc. no.
2276) has been properly
characterized as preliminary,
rather than simply post-liability
finding, relief and the legal and
factual implications that should
follow.
Pretrial hearing on all remaining
issues.

Evidentiary hearing on
plaintiffs’ motion for
preliminary injunctions. (doc.
no. 2276)
Evidentiary hearing on all
remaining issues.

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

3/27/19 at 9:00 a.m.

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

3/27/19 at 9:00 a.m.

3/22/19

Cancelled.

3/29/19

3/22/19 at noon

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

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

3/25/19 at 10:00 a.m.,
with the courtroom
deputy to arrange for
the hearing to be
conducted by telephone
3/27/19 through 4/10/19
at 9:00 a.m. each day

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

3/27/19 through 4/10/19
at 9:00 a.m. each day

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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 &
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).
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.

To be reset.

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

To be reset.

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

To be reset.

DONE, this the 14th day of March, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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