Dunn et al v. Thomas et al

Filing 2693

PHASE 2A ORDER ON CORRECTIONAL STAFFING REPORT: Accordingly, it is ORDERED that the parties are to file a joint notice, by noon on Friday, December 20th, with the following: (1) The total actual number of cubicle correctional officers, basic corre ctional officers, and correctional officers, each reported separately, as of September 30, 2019, which the court understands to be the relevant date for the latest quarterly staffing report (doc. no. 2670), and as of June 30, 2019, which the court un derstands to be the relevant date for the September 2019 quarterly staffing report (doc. no. 2668 ), using the term "actual" as it is used in the quarterly staffing reports.* (2) A proposal for how the parties may report such information i n future staffing reports. (3) A comparison of the qualifications, pay, responsibilities, and limitations, if any, of a cubicle correctional officer, basic correctional officer, and correctional officer. Signed by Honorable Judge Myron H. Thompson on 12/13/2019. (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 ORDER ON CORRECTIONAL STAFFING REPORT
During

an

on-the-record

hearing

on

December

6,

2019, this court discussed with both parties the latest
quarterly correctional staffing report (doc. no. 2670).
Each

correctional

staffing

report

to

date

has

separately included the number of correctional officers
and correctional supervisors assigned by the Savages to
each

facility,

employed,

and

the
the

actual

number

resulting

of

number

such
of

persons

vacancies.

However, as discussed in part during the hearing, the

latest report uses the term correctional staff instead
of

correctional

correctional

officers

cubicle

correctional

and

officers

officers

explicitly
(CCOs)

(BCOs)

in

includes

and
addition

basic
to

correctional officers (COs) as part of the number of
actual correctional staff.

Compare December Quarterly

Report (doc. no. 2670) at 7 & 7 n.1, with September
Quarterly Report (doc. no. 2668) at 11.

Defendants

represented that of the “approximately 200 new folks
added” since the previous report “most of those [are]
BCO positions.”
at 3:24-25.
clear

the

Status Conference Tr. (doc. no. 2686)

But the quarterly report does not make
specific

number

of

cubicle

correctional

officers or basic correctional officers separate from
the number of correctional officers.
Accordingly, it is ORDERED that the parties are to
file a joint notice, by noon on Friday, December 20th,
with the following:
(1) The total actual number of cubicle correctional
officers,

basic

correctional
2

officers,

and

correctional officers, each reported separately,
as

of

September

understands

to

30,

be

2019,

the

which

relevant

the

date

court

for

the

latest quarterly staffing report (doc. no. 2670),
and

as

of

understands
September

June
to

30,

be

2019

2019,

the

quarterly

which

relevant
staffing

the

date

court

for

report

the

(doc.

no. 2668), using the term “actual” as it is used
in the quarterly staffing reports.*
(2) A proposal for how the parties may report such
information in future staffing reports.
(3) A

comparison

of

the

qualifications,

pay,

responsibilities, and limitations, if any, of a
cubicle correctional officer, basic correctional
officer, and correctional officer.
DONE, this the 13th day of December, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
*.
The court understands that there may not be any
BCOs as of June 30, 2019, depending on when the program
was first implemented, but that there may be CCOs.
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