Dunn et al v. Thomas et al

Filing 2440

PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Based on the representations made on the record on March 25, 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 previously set for 3/27/2019 RESET for 3/28/2019, at 9:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson. Evidentiary Hearings previously set to start on 3/27/2019 RESET for 3/28/20191 9 through 4/10/2019, at 9:00 a.m. each day, except at 1:00 p.m. on 3/29/2019, in CR 2FMJ, before Honorable Judge Myron H. Thompson, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 3/25/2019. (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

25,

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

Continued
generally pending
mediation and
resolution of the
monitoring issue

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

5/14/19 at 10:00
a.m.

HOSPITAL-LEVEL CARE
Parties to file initial briefs
for upcoming oral argument.
Parties to file reply briefs for
upcoming oral argument.
In-person oral argument to
discuss “what the substantive law
is” and “how” to proceed in
light of 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.

5/1/19 at noon
5/8/19 at noon
5/14/19 at 10:00
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

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

3/28/19 at 9:00 a.m.

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

3/28/19 at 9:00 a.m.

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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
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)
Evidentiary hearing on all
remaining issues.

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

3/28/19 at 9:00 a.m.

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

3/28/19 at 9:00 a.m.

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

3/28/19 at 9:00 a.m.

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

3/28/19 through
4/10/19 at 9:00 a.m.
each day, except at
1:00 p.m. on 3/29/19
3/28/19 through
4/10/19 at 9:00 a.m.
each day, except at
1:00 p.m. on 3/29/19
3/28/19 at 5:00 p.m.

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

Defendants to file annotations to
recommendations in experts’
suicide prevention report (doc.
no. 2416)
Plaintiffs to file reply
annotations to recommendations in
experts’ suicide prevention
report (doc. no. 2416)

3/29/19 at 5:00 p.m.

DISCIPLINARY SANCTIONS
Parties to file initial briefs
for upcoming oral argument.
Parties to file reply briefs for
upcoming oral argument.

5/1/19 at noon
5/8/19 at noon

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In-person oral argument to
discuss “what the substantive law
is” and “how” to proceed in light
of 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.

5/14/19 at 10:00
a.m.

MONITORING
Parties to file initial briefs
for upcoming oral argument.
Parties to file reply briefs for
upcoming oral argument.
In-person oral argument to
discuss “what the substantive law
is” and “how” to proceed as to
the monitoring remedial issue in
light of defendants’ statement as
to whether all remedial
stipulations previously approved
and adopted by the court meet the
PLRA’s
‘need-narrowness-intrusiveness’
requirements.

5/1/19 at noon
5/8/19 at noon
5/14/19 at 10:00
a.m.

MISCELLANEOUS
Parties to file initial briefs
for upcoming oral argument.
Parties to file reply briefs for
upcoming oral argument.
In-person oral argument to
discuss “what the substantive law
is” and “how” to proceed in light
of 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.

5/1/19 at noon
5/8/19 at noon
5/14/19 at 10:00
a.m.

DONE, this the 25th day of March, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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