Dunn et al v. Thomas et al

Filing 3254

ORDER directing that by noon on 6/7/2021, the plaintiffs are to SHOW CAUSE why the psychological autopsies produced by Wexford, ADOC's current provider of mental-health services, should not be treated the same as MHM's quality-assurance documents and thus subject to the protective order. This should address only the psychological autopsies themselves, not the issue of whether the documents underlying those autopsies should be treated as confidential, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/3/2021. (djy, )

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)

ORDER
During the omnibus remedial hearing, the defendants
have argued that the psychological autopsies produced for
inmates who have committed suicide while in ADOC custody
should be treated as confidential and be made subject to
the court’s standing protective order (Doc. 266).

During

the first liability trial, the court addressed a similar
objection raised by MHM, ADOC’s previous provider of
mental-health

care,

regarding

the

quality-assurance documents it had produced.

use

of

See Dunn

v. Dunn, 163 F. Supp. 3d 1196 (2016). The court concluded

that these materials were not privileged but held that
they would be subject to a protective order deeming them
to be confidential.

See id. at 1213.
***

It is ORDERED that by noon on June 7, 2021, the
plaintiffs

are

to

show

cause

why

the

psychological

autopsies produced by Wexford, ADOC’s current provider
of mental-health services, should not be treated the same
as MHM’s quality-assurance documents and thus subject to
the protective order.

This should address only the

psychological autopsies themselves, not the issue of
whether the documents underlying those autopsies should
be treated as confidential.
DONE, this the 3rd day of June, 2021.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE