Dunn et al v. Thomas et al

Filing 3487

ORDER denying as moot 3391 Motion to Strike 3391 MOTION to Strike plaintiffs' report regarding deaths since 5/24/2021, and accompanying exhibits. Signed by Honorable Judge Myron H. Thompson on 1/22/2022. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EDWARD BRAGGS, et al.,
Plaintiffs,
v.
JOHN HAMM, 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
It is ORDERED that defendants’ motion to strike
plaintiffs’ report regarding deaths since May 24, 2021,
and accompanying exhibits (Doc. 3391) is denied as moot.
As

the

submitted
requesting

court

in

has

response

“information

previously
to

its

about

indicated,

July
the

26,

recent

evidence

2021,

order

suicide

of

Charles Hall ... as well as any other death that has
occurred in an ADOC facility since May 24, 2021, that may
have been caused by suicide or drug overdose or for which

ADOC has not yet determined the cause” (Doc. 3372), was
not

part

of

the

remedial hearing.

evidentiary

record

for

the

omnibus

While this evidence may be relevant

for another purpose, the court did not consider it when
resolving

the

issues

remedial hearings.

presented

during

the

omnibus

Accordingly, defendants’ motion to

strike plaintiffs’ report from the record is moot.
DONE, this the 21st day of January, 2022.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE