Dunn et al v. Thomas et al

Filing 2834

PHASE 2A ORDER ON CORRECTIONAL STAFFING TREND: This court has now reviewed the latest quarterly staffing report (doc. nos. 2823 -1 and 2829 -1) in light of all previously filed quarterly staffing reports. Accordingly, it is ORDERED as follows: ( 1) The defendants are to file, by noon on 6/12/2020, a response that includes the following: (a) The defendants should confirm whether the court's calculations are correct. (b) Regardless of whether the court's calculations are correct or s imply the overall picture is as depicted, the defendants should explain how they plan to meet the February 20, 2022, deadline. (2) The plaintiffs are to file, by noon on June 19, 2020, a reply, if any, to the defendants' response. Signed by Honorable Judge Myron H. Thompson on 6/8/2020. (dmn, )

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 TREND
This court has now reviewed the latest quarterly
staffing report (doc. nos. 2823-1 & 2829-1) in light of
all previously filed quarterly staffing reports.

The

court’s assessment of the reports reveals that, for the
past

12

quarter

months
of

of

2019

available

through

the

data,

since

the

first

quarter

of

second
2020,

there has been an overall increase in the number of
officers

from

officers

and

1,301
an

total

overall

officers

decrease

in

to

1,413

the

total

number

of

supervisors from 359 supervisors to 313 supervisors.

Compare

Q2-2019

Report

(doc.

no.

2668)

(reporting

number of correctional officers), as supplemented by
Joint

Notice

(doc.

no

2704)

(reporting

additional

number of BCOs and CCOs), with Q1-2020 Report (doc.
nos. 2823-1 & 2829-1).

The increase in the number of

total officers is the result of a rise in the number of
basic correctional officers, which grew from 56 when
they were first implemented in the second quarter of
2019 to 294 in the first quarter of 2020.

See Joint

Notice (doc. no. 2704) at 2 (reporting number of BCOs
in second quarter of 2019); Defs.’ Response (doc. no.
2703) at 16 (implementation of BCOs began in May 2019);
Q1-2020 Report (doc. nos. 2823-1 & 2829-1) (reporting
number of BCOs in first quarter of 2020).
in

the

number

of

supervisors

consistent decline.

is

part

The decrease
of

a

longer,

In fact, ADOC has never reported

any increase in the number of supervisors since the
first

staffing

quarter of 2017.

report

was

filed

covering

the

fourth

See Q4-2017 Report (doc. no. 2325-1);

Q1-2018 Report (doc. no. 2352-2); Q2-2018 Report (doc.

no. 2325-3); Q3-2018 Report (doc. no. 2378-1); Q4-2018
Report

(doc.

no.

2558-1);

Q1-2019

Report

(doc.

no.

2602-1); Q2-2019 Report (doc. no. 2668); Q3-2019 Report
(doc.

no.

2766);

Q4-2019

Report

(doc.

no.

2831);

Q1-2020 Report (doc. no. 2823-1).
The Savages’ correctional staffing analysis (doc.
no. 1813-1) recommended that ADOC have 3,326 officers
and 500 supervisors.
all

basic

As a result, even assuming that

correctional

correctional

officers

are

officers
able

to

and
fill

cubicle
the

posts

identified by the Savages, see Joint Report (doc. no.
2758)

(putting

this

question

would

need

gain

approximately

to

to

the

Savages),

213

officers

ADOC
and

approximately 23 supervisors per quarter for each of
the

eight

court’s

remaining

order

that,

quarters
“[b]y

in

order

February

to

20,

meet

this

2022,

the

defendants shall have fully implemented the Savages’
correctional

staffing

recommendations.”

Braggs

v.

Dunn, No. 2:14-cv-601, 2018 WL 7106346, at *1 (M.D.

Ala. Feb. 20, 2018) (Thompson, J.).*

To the extent this

may be evidence of an already existing problem, the
court does not believe the parties should wait until
the

2022

deadline

addressing

it.

has

As

passed

the

adage

to

goes,

prevention is worth a pound of cure.”
another

way,

it's

easier

to

begin

stop

“an

to

begin

ounce

of

Or, to put it
something

from

happening in the first place than to repair the damage
after it has happened.

And the bottom line is that the

court stands ready now to assist in addressing this
problem if there is one.
Accordingly, it is ORDERED as follows:
(1) The defendants are to file, by noon on June 12,
2020, a response that includes the following:

*
The court did the following calculations.
First, it calculated the number of additional officers
needed
(3,326
–
1,413
=
1,913)
and
additional
supervisors needed (500 – 313 = 187).
Given this, it
calculated the number of additional officers needed per
quarter (1,193 ÷ 8 = 239.125) and the number of
additional supervisors needed per quarter (187 ÷ 8 =
23.375), counting the first quarter of 2020 as the
eighth quarter.

(a) The defendants should confirm whether the
court’s calculations are correct.
(b) Regardless

of

calculations

are

overall

picture

whether
correct
is

as

the
or

court’s

simply

depicted,

the
the

defendants should explain how they plan to
meet the February 20, 2022, deadline.
(2) The plaintiffs are to file, by noon on June 19,
2020,

a

reply,

if

any,

to

the

defendants’

response.
DONE, this the 8th day of June, 2020.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE