Dunn et al v. Thomas et al

Filing 2549

PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM GRANTING the plf's 2543 MOTION to Clarify, etc. and the remaining deadlines and dates for the Phase 2 A remedy scheduling order for the Eighth Amendment claim are revised, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 5/23/19. (djy, )

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
May 22, 2019, and by the parties’ agreement, it is ORDERED
that the plaintiffs’ motion to clarify, etc. (doc. no.
2543) is granted and that the remaining deadlines and
dates for the Phase 2A remedy scheduling order for the
Eighth Amendment claim are revised as follows:

OLD DATES

SEGREGATION
Parties to develop schemes to verify that
defendants are now accurately and timely
identifying SMI inmates with regard to
segregation.
Evidentiary hearing on remedy for
violations found in supplemental liability
opinion. (Doc. nos. 2353, 2397, & 2398).

Remedy for violations found in initial
liability opinion.

Continued generally
pending mediation
and resolution of
the monitoring issue
7/8/19 at 10:00
a.m.,
7/9/19 at 9:00 a.m.,
and
7/10/19 at 9:00 a.m.
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.,
7/9/19 at 9:00 a.m.,
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).
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
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).

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

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

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

6/3/19

NEW
DATES

“Segregation-like” issues.

Under submission,
though the court may
reopen the matter
7/8/19 at 10:00
a.m.,
7/9/19 at 9:00 a.m.,
and
7/10/19 at 9:00 a.m.

Evidentiary hearing on all remaining
issues.

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

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

MONITORING
Remedy.

Under submission

RESIDENTIAL TREATMENT AND STABILIZATION
UNITS
Remedy.

Under submission

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

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

(1)(B) Parties are to file a joint report
on whether the “miscellaneous”
stipulations and orders, listed above in
(1)(A), incorrectly include, or omit,
items, and, if so, how. If the parties
differ, they should note their
difference(s) in their joint report.
(2)(A) 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.
(2)(B) 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.
(3) 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.
(4)(A) Plaintiffs to file a report
regarding whether they contend there
remain any liability findings from the
liability opinion (doc. no. 1285) that
have not been addressed during this
remedial process through an order, a
stipulation, or a proposed stipulation, or
remain for resolution by the Court
following an evidentiary hearing.
Plaintiffs’ report shall not address any
outstanding issues they may believe are
necessary to address from the supplemental
liability opinion (doc. no. 2332), for the
parties agree that those issues are
already under submission, see (doc. nos.
2397 & 2398).
(4)(B) Defendants to file a response to
plaintiffs’ report (4)(A) regarding
remaining liability findings, if any.
(5) Parties allowed to mediate any dispute
with Magistrate Judge Ott regarding
mental-health staffing (doc. no. 1583).

5/24/19
at noon

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

6/25/19 at noon

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

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

6/3/19
at noon
6/1/19

DONE, this the 23rd day of May, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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6/14/19