Dunn et al v. Thomas et al

Filing 2671

ORDER: This court has under submission the parties' joint oral motion to modify the Phase 1 consent decree. See Order (doc. no. 2637 ) at 1. Based on the entire record before the court, including the parties' joint notice (doc. no. [260 5]), joint statement (doc. no. 2629 ), and joint brief (doc. no. 2641 ), as well as the on-the-record hearings on September 6 and October 21, 2019, it is ORDERED that the oral motion for proposed modification (doc. no. 2637 ) is preliminarily gran ted, with final approval subject to a hearing, to be set later, and review by the court of any objections to or comments about its terms submitted by class members, as further set out. Signed by Honorable Judge Myron H. Thompson on 12/2/2019. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EDWARD BRAGGS, et al.,

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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)

ORDER
This court has under submission the parties’ joint
oral motion to modify the Phase 1 consent decree.
Order (doc. no. 2637) at 1.

See

Based on the entire record

before the court, including the parties’ joint notice
(doc. no. 2605), joint statement (doc. no. 2629), and
joint

brief

(doc.

no.

2641),

as

well

as

the

on-the-record hearings on September 6 and October 21,
2019, it is ORDERED that the oral motion for proposed
modification (doc. no. 2637) is preliminarily granted,

with final approval subject to a hearing, to be set
later, and review by the court of any objections to or
comments about its terms submitted by class members, as
further described below.
***
The

court

grants

preliminarily

approval

of

the

proposed modification now for two reasons.
First, the court grants preliminary approval of the
proposed

modification

so

that

ADOC

can

immediately

begin to bring its prisons into compliance with the ADA
and the Rehabilitation Act.
because

the

original

This is especially urgent

deadline

for

completion

has

already expired and is now set to be extended for more
than eight years.
9.

The

court

See Joint Brief (doc. no. 2641) at
notes

that

ADOC

agreed

to

“begin

completion” of the first phase of the ADA alterations
“[o]n or before October 1, 2019.”
no. 2605) at 2 ¶ 1.
that

the

first

Joint Notice (doc.

The court is under the impression

phase

has

already

2

begun,

and

grants

preliminary approval of the modification as written,
but the parties can correct the court if necessary.
Further, the court grants preliminary approval of
the proposed modification to provide an opportunity for
class comment.

While the court agrees with the parties

that notice should be provided to the class, see Joint
Statement (doc. no. 2629) at 12 ¶ N, and agrees that
such notice should be posted in the law library and all
housing units, see Joint Brief (doc. no. 2641) at 1
n.1, the court disagrees that the form submitted to the
court, see Notice (doc. no. 2641-1), is sufficient, and
disagrees that a fairness hearing is not required, see
Joint Statement (doc. no. 2629) at 12 ¶ N.
significance

of

the

proposed

changes

to

Given the
the

consent

decree, an opportunity to be heard is required by due
process.

Cf. Phase 1 Preliminary Settlement Approval

Order (doc. no. 532) at 3 (explaining that notice and
an

opportunity

process).
notice

and

to

be

heard

are

required

by

due

The court will take up the content of the
comment

form,
3

and

the

process

for

distributing

and

collecting

these

forms,

subsequent order.
DONE, this the 2nd day of December, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

4

in

a