Dunn et al v. Thomas et al

Filing 2612

PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM Based on the representations made on the record on September 6, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eigh th Amendment claim are revised as follows: Evidentiary Hearing set for 11/12/2019 and 1/24/2020, at 10:00 AM, in CR 2FMJ before Honorable Judge Myron H. Thompson; In-person Hearing set for 11/12/2019, at 10:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson; as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/9/2019. (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.

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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
September 6, 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
STAFFING
In-person hearing on whether the court
should approve parties’ proposed mentalhealth staffing agreement (doc. no.
2606), subject to later determination as
to PLRA compliance.

NEW DATES

11/15/19 at
10:00 a.m.

Evidentiary hearing on whether parties’
proposed mental-health staffing agreement
(doc. no. 2606) complies with the PLRA.

3/2/20 at
10:00 a.m.
(Stayed until
December 13,
2019)

SEGREGATION
Parties were to develop schemes to verify
that defendants are now accurately and
timely identifying SMI inmates with
regard to segregation. This matter was
continued generally pending mediation and
resolution of the monitoring issue. The
parties are to file a joint statement as
to the status of this issue.

9/20/19 at
5:00 p.m.

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

11/12/19 at
10:00 a.m.

With regard to remedy for violations
found in supplemental liability opinion,
parties to file briefs updating court as
to what the issues are and what documents
are relevant.

11/5/19

In-person Hearing on “segregation-like”
issue.

11/12/19 at
10:00 a.m.

With regard to the “segregation-like”
issue, parties to file briefs updating
court as to what the issue is and what
documents are relevant.

11/5/19

Remedy for remaining violations found in
initial liability opinion. Evidentiary
hearing already held. Just need to issue
opinion.

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Under
submission

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

3/2/20 at
10:00 a.m.
(Stayed until
December 13,
2019)
1/24/20 at
10:00 a.m.

Vitek issue: Evidentiary hearing
regarding most current facts surrounding
hospital-level care.
Vitek issue: Plaintiffs to file brief
detailing (1) the most recent factual
circumstances regarding hospital-level
care and (2) why Vitek applies in light
of those circumstances.

1/10/20

Vitek issue: Defendants to file brief
detailing (1) the most recent factual
circumstances regarding hospital-level
care and (2) why Vitek does not apply in
light of those circumstances.

1/17/20

SUICIDE PREVENTION
In-person hearing on whether the court
should approve parties’ most recently
proposed suicide prevention measures
(doc. no. 2606), subject to later
determination as to PLRA compliance.

11/15/19 at
10:00 a.m.

Evidentiary hearing of whether parties’
most recently proposed suicide prevention
measures (doc. no. 2606) complies with
the PLRA.
Court’s remedial opinion and judgment for
immediate relief regarding suicide
prevention (doc. nos. 2525 and 2526).
Defendants’ motion to alter, amend, or
vacate (doc. no. 2564).
Interim suicide prevention order (doc.
no. 2569)

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3/2/20 at
10:00 a.m.
(Stayed until
December 13,
2019)
(Stayed until
December 13,
2019)
(Stayed until
December 13,
2019)
In effect until
December 13,
2019

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

3/2/20 at
10:00 a.m.
(Stayed until
December 13,
2019)

MONITORING
Remedy. Evidentiary hearing already
held. Just need to issue opinion.

Under
submission as
of December 13,
2019 (Stayed
until then.)

RESIDENTIAL TREATMENT AND STABILIZATION
UNITS
Remedy.
Evidentiary hearing already
held. Just need to issue opinion.

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

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3/2/20 at 10:00
a.m. (Stayed
until December
13, 2019)

The parties are to file a joint statement
of ALL the orders, stipulations, and
agreements (with document numbers cited)
for which the court must make findings as
to whether they comply with the PLRA.

2/7/20 (Stayed
until December
13, 2019)

With citations to the record in support
of their arguments, the plaintiffs are to
file a prehearing brief as to why these
orders, stipulations, and agreements
comply with the PLRA.

2/12/20 (Stayed
until December
13, 2019)

With citations to the record in support
of their arguments, the defendants are to
file a response as to why these orders,
stipulations, and agreements do not
comply with the PLRA.

2/18/20 (Stayed
until December
13, 2019)

Pretrial conference on PLRA issue.

2/21/20 at
10:00 a.m.
(Stayed until
December 13,
2019)

DONE, this the 9th day of September, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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