Dunn et al v. Thomas et al

Filing 2640

PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: It is ORDERED that the parties' joint motion to continue evidentiary hearing on supplemental liability opinion remedy (doc. no. 2626 ), as clarified by the parties' subsequent joint statement (doc. no. 2639 ), is granted and the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows: In-person Hearing set for 11/12/2019, at 10:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson; Evidentiary Hearing set for 3/2/2020 at 10:00am, 1/24/2020 at 10:0am, 1/27/2020-1/28/2020 at 9:00am and 3/3/2020 - 3/5/2020 at 9:00 AM, in CR 2FMJ before Honorable Judge Myron H. Thompson; as further set out in order. Signed by Honorable Judge Myron H. Thompson on 10/24/2019. (term: Status Conference set for 11/15/2019, Evidentiary Hearing set for 11/12/19,) (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
It is ORDERED that the parties’ joint motion to
continue evidentiary hearing on supplemental liability
opinion remedy (doc. no. 2626), as clarified by the
parties’ subsequent joint statement (doc. no. 2639), is
granted and 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.
Evidentiary hearing on whether parties’
proposed mental-health staffing agreement
(doc. no. 2606) complies with the PLRA.

NEW DATES

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

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

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

3/2/20 at
10:00 a.m.,
and 3/3/20
thru 3/5/20
at 9:00 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. The matter will
now be addressed in the parties’ ongoing
effort at mediation on the monitoring
issue and, should mediation fail, would
be put to the court to consider as part
of the monitoring remedy.

Stayed until
December 13,
2019

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

11/5/19

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1/24/20 at
10:00 a.m.
and 1/27/20
thru 1/28/20
at 9:00
a.m.(Stayed
until
December 13,
2019)
1/10/20

court as to what the issue is and what
documents are relevant.
Remedy for remaining violations found in
initial liability opinion. Evidentiary
hearing already held. Just need to issue
opinion.

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)

Vitek issue: Evidentiary hearing
regarding most current facts surrounding
hospital-level care.

1/24/20 at
10:00 a.m.

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.

3/2/20 at
10:00 a.m.,
and 3/3/20
thru 3/5/20
at 9:00 a.m.
(Stayed until
December 13,
2019)

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.

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

Evidentiary hearing of whether parties’
most recently proposed suicide prevention
measures (doc. no. 2606) complies with
the PLRA.

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

3/2/20 at
10:00 a.m.,
and 3/3/20
thru 3/5/20
at 9:00 a.m.
(Stayed until
December 13,
2019)

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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)

(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

3/2/20 at
10:00 a.m.,
and 3/3/20
thru 3/5/20
at 9:00 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

PLRA: MISCELLANEOUS STIPULATIONS AND
ORDERS (doc. no. 2608)
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)

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

3/2/20 at
10:00 a.m.,
and 3/3/20
thru 3/5/20
at 9:00 a.m.
(Stayed until
December 13,
2019)

--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)
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)

PARTIAL STAY (doc. no. 2608)
If party does NOT want partial stay
extended, that party must give such
notice.
In-person status conference on whether to
extend partial stay.
Partial stay expires.

11/22/19
12/6/19 at
10:00 a.m.
12/13/19

DONE, this the 24th day of October, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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