Dunn et al v. Thomas et al

Filing 2700

PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: Based on current circumstances, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as fol lows: Hearing on termination or extension of interim suicide prevention order (doc. nos. 2569 & 2698 ) set for 3/2/20 at 10:00 a.m., as further set out in order. Signed by Honorable Judge Myron H. Thompson on 12/16/2019. (furn: ag, calendar)(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

PHASE 2A REVISED REMEDY SCHEDULING ORDER
ON THE EIGHTH AMENDMENT CLAIM
Based on current circumstances, 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
Parties to file joint notice breaking out
CCOs, BCOs, and CCOs, etc. (Doc. no.
2693).

12/20/19 at
12:00 p.m.

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.
Evidentiary hearing on remedy for
violations found in supplemental
liability opinion. (Doc. nos. 2353, 2397,
& 2398).
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.
“Segregation-like” issue.
Remedy for remaining violations found in
initial liability opinion. Evidentiary
hearing already held. Just need to issue
opinion.

1/24/20 at
10:00 a.m. and
1/27/20 thru
1/28/20 at 9:00
a.m.
1/10/20

Under
submission
Under
submission

HOSPITAL-LEVEL CARE
Evidentiary hearing on whether parties’
proposed stipulations comply with PLRA.
(Doc. no. 2383).
Vitek issue: Evidentiary hearing
regarding most current facts surrounding
hospital-level care.
Vitek issue: Plaintiffs to file brief
detailing (1) the most recent factual

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3/2/20 at 10:00
a.m., and
3/3/20 thru
3/5/20 at 9:00
a.m.
1/24/20 at
10:00 a.m.
1/10/20

NEW DATES

circumstances regarding hospital-level
care and (2) why Vitek applies in light
of those circumstances.
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
Evidentiary hearing of whether parties’
most recently approved suicide prevention
measures (doc. nos. 2606 & 2699) comply
with the PLRA.
Court’s remedial opinion and judgment for
immediate relief regarding suicide
prevention (doc. nos. 2525, 2526 & 2698).
Defendants’ motion to alter, amend, or
vacate (doc. no. 2564 & 2698).
Interim suicide prevention order (doc.
nos. 2569 & 2698)

3/2/20 at 10:00
a.m., and
3/3/20 thru
3/5/20 at 9:00
a.m.
Stayed until
4/1/20 at 5:00
p.m.
Stayed until
4/1/20 at 5:00
p.m.
In effect until
4/1/20 at 5:00
p.m.

Hearing on termination or extension of
interim suicide prevention order (doc.
nos. 2569 & 2698)

3/2/20 at
10:00 a.m.

Parties to give notice and explanation of
whether they will seek an extension of
the interim suicide prevention order
(doc. nos. 2569 & 2698)

2/26/20 at
5:00 p.m.

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

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

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

Under
submission

3

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

Under
submission

Parties to file joint report with most
recent mental-health caseload numbers,
etc. (Doc. no. 2682).

12/20/19 at
5:00 p.m.

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)
--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.

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

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

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

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2/7/20

Pretrial conference on PLRA issue.

2/21/20 at
10:00 a.m.

DONE, this the 16th day of December, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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