Dunn et al v. Thomas et al

Filing 2751

PHASE 1 ORDER PRELIMINARILY APPROVING FURTHER PROPOSED MODIFICATIONS TO ADA CONSENT DECREE: Accordingly, based on these representations and for the reasons previously detailed in this court's prior order preliminarily approving modifications to the Phase 1 consent decree (doc. no. 2671 ), it is ORDERED as follows: (1) The parties' joint motion to preliminarily approve further modifications to the Phase 1 consent decree (doc. no. 2748 ) is granted. (2) In order to facilitate and a ssure clear notice of the proposed modification and to aid enforcement, the parties previously reduced their modifications of the Phase 1 consent decree to a single, comprehensive document (doc. no. 2678 ). The parties are to file an updated version of this document, such that the summary includes the proposed modifications previously preliminarily approved as well as the further proposed modifications now preliminarily approved, by February 7, 2020. Signed by Honorable Judge Myron H. Thompson on 2/7/2020.(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)

PHASE 1 ORDER PRELIMINARILY APPROVING
FURTHER PROPOSED MODIFICATIONS TO ADA CONSENT DECREE
This

court

previously

preliminarily

approved

the

parties’ joint proposed modifications to the Phase 1
consent decree.

See Order (doc. no. 2671).

The court

now has under submission the parties’ joint motion to
further modify the Phase 1 consent decree due to an
operational change at ADOC.
2748).

In

Correctional

short,

death

Facility

Correctional Facility.

See Joint Motion (doc. no.
row

were

inmates
relocated

See id. at 2 ¶ 3.

at

Donaldson
to

Holman

As a result,

the parties’ proposal is to (1) remove from the list of
proposed modifications the requirement for ADOC to make
specific changes to death row cells at Donaldson; (2)
add to the list of proposed modifications a requirement
to make specific changes to “two ... crisis cells in
S unit at Donaldson”; (3) add to the list of proposed
modifications a requirement

to provide “shower chairs

for inmates with a disability house on death row at
Holman
list

[Correctional
of

“assign[]

Facility]”;

proposed
and

modifications

design[ate]

...

and
a

(4)

add

to

the

requirement

to

correctional

staff

to

provide rescue assistance for inmates with a disability
house on death row at Holman.”

Id. at 2-3 ¶ 4(a)-(d).

The deadlines for these proposed modifications are
as follows.

The deadline for (2) would be June 1,

2021, see id. at 3 ¶ 4(b), the same as the deadline for
the completion of all other specific changes that are
part of what is known as the “Expedited List,” see
Joint

Response

to

Order

(doc. no. 2678) at 4.

to

Summarize

Modifications

Based on representations made on
2

the record during a status conference on February 6,
2020, the deadline for (3) would be no later than 28
days after this court’s order; and the deadline for (4)
would be no later than three days after this court’s
order.
Accordingly, based on these representations and for
the reasons previously detailed in this court’s prior
order

preliminarily

approving

modifications

to

the

Phase 1 consent decree (doc. no. 2671), it is ORDERED
as follows:
(1) The

parties’

joint

motion

to

preliminarily

approve further modifications to the Phase 1
consent decree (doc. no. 2748) is granted.
(2) In order to facilitate and assure clear notice
of

the

proposed

enforcement,
their
decree

the

modification
parties

modifications
to

a

of

single,

(doc. no. 2678).

and

previously

the

Phase

comprehensive

1

to

aid

reduced
consent
document

The parties are to file an

updated version of this document, such that the
3

summary

includes

the

proposed

modifications

previously preliminarily approved as well as
the

further

proposed

modifications

preliminarily approved, by February 7, 2020.
DONE, this the 7th day of February, 2020.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

4

now