Dunn et al v. Thomas et al

Filing 3303

ORDER: it is ORDERED that by 5:00 p.m. on 6/30/2021, the parties shall each file a proposal for how to incorporate the EMT into the remaining portion of the omnibus remedial hearing. Signed by Honorable Judge Myron H. Thompson on 6/22/2021. (wcl, )

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
In its opinion and order laying out the process for
finalizing the Phase 2A remedial orders, the court rejected
the plaintiffs’ proposed plan as relegating the external
monitoring team (EMT) to a role that was too passive and
agreed with the defendants that it would be vital to seek
the input of the EMT during the development of the omnibus
remedial order.

See Opinion and Order on a Process for

Finalizing the Phase 2A Remedial Orders (Doc. 3078) at 21.
As the court emphasized, the EMT is “an invaluable source of
expertise for the development of appropriate relief in this
case and a central player in this litigation as the current

Id. at 20.

phase moves into monitoring.”

After mediating,

the parties filed a joint agreement on the role of the EMT,
proposing that the team would “be available to assist the
Court in evaluating the final, omnibus remedial order after
the presentation of evidence during the evidentiary hearing
starting on May 24, 2021.”

Joint Notice and Report to the

Court Regarding the Role of the External Monitoring Team
(Doc. 3128) at 3.
proposal.

The court approved and adopted that

See Order (Doc. 3132).

Now that the presentation of evidence is moving toward
its conclusion, the court believes that it is the appropriate
time

to

hearings.
the

EMT

incorporate

the

EMT

into

the

omnibus

remedial

In particular, the court intends to consult with
during

the

process

of

discussing

the

parties’

proposed remedial orders on a provision-by-provision basis,
as the team members will have important insight into whether
certain provisions could be guidance for the EMT rather than
part of the court’s order.

However, the court would like

input from the parties about how best to involve the EMT in
this discussion.

Accordingly, it is ORDERED that by 5:00

p.m. on June 30, 2021, the parties shall each file a proposal
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for how to incorporate the EMT into the remaining portion of
the omnibus remedial hearing.
DONE, this the 22nd day of June, 2021.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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