Dunn et al v. Thomas et al

Filing 2537

PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Evidentiary Hearing set for 7/8/2019, at 10:00 AM, in CR 2FMJ before Honorable Judge Myron H. Thompson; Evidentiary Hearing set for 7/9/2019, at 09:00 AM, in CR 2FMJ before Ho norable Judge Myron H. Thompson; Evidentiary Hearing set for 7/10/2019, at 09:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson; regarding (Doc. nos. 2353 , 2397 , & 2398 , 2383 , 2408 -1, 2384 , 2382 , 1780 , 1794 , 1779 , 1792 , 1786 , 1814 , 1821 , 1853 , 1865 , 1893 , 1899 , 1720 , 1748 , 1751 , 1798 , 1810 , 1811 , & 1815 . Final Pretrial Conference set for 6/28/2019, at 09:00 AM, in chambers before Honorable Judge Myron H. Thompson; Status Conference set for 6/4/2019, at 02:00 PM, in CR 2FMJ, before Honorable Judge Myron H. Thompson, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/16/2019. (furn: calendar, ag)(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.

)
)
)
)
)
)
)
)
)
)
)
)
)

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
May 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.

Continued
generally pending
mediation and
resolution of the
monitoring issue

Evidentiary hearing on remedy for
violations found in supplemental
liability opinion. (Doc. nos. 2353,
2397, & 2398).

7/8/19 at
10:00 a.m.,
and 7/9 and
7/10/19 at
9:00 a.m.

Remedy for violations found in initial
liability opinion.

Under submission

HOSPITAL-LEVEL CARE
Evidentiary hearing on whether parties’
proposed stipulations comply with PLRA.
(Doc. no. 2383).
Vitek issue.

7/8/19 at
10:00 a.m.,
and 7/9 and
7/10/19 at
9:00 a.m.
Under submission

SUICIDE PREVENTION
Evidentiary hearing on (1) the adequacy
of the defendants’ “review process” for
collecting information about prisoners
with SMIs in segregation, (doc. no.
2345), as well as (2) what the court
should do with the information the
defendants provide as a result of the
“review process.” E.g., (doc. no.
2408-1).
Parties are allowed to meet with Judge
Ott to attempt to agree on the details
of internal and external monitoring not
already resolved in the opinion on
immediate suicide prevention. (Doc. no.
2526).
Defendants are to file a proposal that
includes both external and internal
monitoring schemes in the event that
parties cannot reach an agreement on
this issue by 5/18/19. (Doc. no. 2526).
Plaintiffs are to file a response to
defendants’ proposal on external and

2

7/8/19 at
10:00 a.m.,
and 7/9 and
7/10/19 at
9:00 a.m.

By 5/18/19

5/25/19

5/28/19 at
5:00 p.m.

6/1/19

6/4/19 at
5:00 p.m.

internal monitoring schemes. (Doc. no.
2526).
Completion of pre-placement screening
training for all nurses who perform
such screenings for segregation or who
supervise nurses performing such
screenings. See (doc. no. 2526).
“Segregation-like” issues.

6/3/19

Under submission,
though the court
may reopen the
matter

Evidentiary hearing on all remaining
issues.

7/8/19 at
10:00 a.m.,
and 7/9 and
7/10/19 at
9:00 a.m.

DISCIPLINARY SANCTIONS
Evidentiary hearing of whether parties’
proposed stipulations comply with PLRA.
(Doc. nos. 2384 & 2382).

7/8/19 at
10:00 a.m.,
and 7/9 and
7/10/19 at
9:00 a.m.

MONITORING
Remedy.

Under submission

RESIDENTIAL TREATMENT AND STABILIZATION
UNITS
Remedy.

Under submission

MISCELLANEOUS
Evidentiary hearing on whether the
following stipulations and orders
comply with the PLRA:
--Intake (doc. nos. 1780 & 1794)
--Coding (doc. nos. 1779 & 1792)
--Referral (doc. nos. 1786, 1814, &
1821)
--Individual treatment plans (doc.
nos. 1853 & 1865)
--Psychotherapy and confidentiality
(doc. nos. 1893 & 1899)
--Definition of SMI (doc. no. 1720)
--Bibb segregation issues (doc. nos.
1748 & 1751)
--Preplacement screening, etc. (doc.
nos. 1798, 1810, 1811, & 1815)

3

7/8/19 at
10:00 a.m.,
and 7/9 and
7/10/19 at
9:00 a.m.

--Removing SMIs from segregation
(doc. nos. 1855 & 1861)
--Confidentiality (doc. nos. 1894 &
1900)
--Mental-health understaffing (doc.
nos. 2283 & 2301

Parties are to file a joint report on
whether the “miscellaneous”
stipulations and orders listed above
include, or omit, items, and, if so,
how. If the parties differ, they should
note their difference(s) in their joint
report.

5/24/19 at
noon.

In-person pretrial conference on ALL
matters in this order set for hearing
on 7/8/19 at 10:00 a.m. The court
understands that, for ALL the matters
set for hearing on 7/8/19, the
plaintiffs also rely on all the
evidence already presented on the
suicide-prevention matters
Parties to file a joint pretrial
statement setting forth their positions
on ALL the matters in this order set
for hearing on 7/8/19.

6/28/19 at
9:00 a.m.

An in-person status conference on how
parties are progressing in their
“pursuit of a path” toward “global
resolution” of this case and related
cases and proceedings, and on any other
matters that warrant the court’s
attention.

6/4/19 at
2:00 p.m.

6/25/19 at
noon.

DONE, this the 16th day of May, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

4