Dunn et al v. Thomas et al

Filing 3554

PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM: it is ORDERED that the deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim remain and are revised as set forth below, as further set out in order; Joint Status Report due by 4/25/2022. Signed by Honorable Judge Myron H. Thompson on 4/13/2022. (wcl, )

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)

PHASE 2A REVISED REMEDY SCHEDULING ORDER
ON THE EIGHTH AMENDMENT CLAIM
At a status conference on April 8, 2022, the court
took up the following issues with the parties: (1) the
defendants’

proposed

timeline

for

updating

the

2018

staffing analysis of Margaret and Merle Savage (Doc.
3546); (2) the specific dates on which the defendants are
to

file

reports

on

correctional

and

mental-health

staffing, pursuant to §§ 2.1.6, 2.2.4 of the Phase 2A
Omnibus Remedial Order (Doc. 3464); and (3) the parties’
progress towards finding a replacement psychologist for
the

External

Monitoring

Team

(EMT)

following

the

resignation of Dr. Jacqueline Feldman.

With regard to

the first issue, the court adopts, by agreement of the
parties, the defendants’ proposed timeline, see Defs.’
Proposal Regarding ADOC’s Staffing Unit (Doc. 3546), and
orders that the defendants file notices with the court
confirming that they have met each of their proposed
deadlines.

With regard to the second issue, the court

adopts, by agreement of the parties, the deadlines set
forth in an earlier order for the filing of staffing
reports.
1657)

at

See Phase 2A Understaffing Remedial Order (Doc.
§ 4.

The

formatting

for

the

correctional

staffing reports will be revised, if necessary, after
input from the EMT.

See Phase 2A Omnibus Remedial Order

(Doc. 3464) at §§ 2.1.6, 2.2.4.

With regard to the third

issue of finding a replacement member for the EMT, the
parties are to file another joint status report on April
25, 2022.
Accordingly, it is ORDERED that the deadlines and
dates for the Phase 2A remedy scheduling order for the

2

Eighth Amendment claim remain and are revised as set
forth below.

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OLD DATES
GENERAL
The effective date of the Phase
2A Omnibus Remedial Order. (Doc.
3464) at § 1.3.

NEW DATES

3/9/2022

MONITORING
The parties are to file a joint
status report regarding their
progress towards finding a person
to replace Dr. Jacqueline Feldman
as the EMT’s psychiatrist.

4/8/2022 at
8:00 a.m.

On a quarterly
basis

CORRECTIONAL STAFFING
The defendants must submit
correctional staffing reports to
the court and the EMT. (Doc.
3464) at § 2.1.6.
By agreement
of the parties, the defendants
are to submit these reports on
the dates set forth in the Phase
2A Understaffing Remedial Order
(Doc. 1657) at § 4, namely, March
1, June 1, September 1, and
December 1 of each year.
The formatting for the
correctional staffing reports
shall be revised, if necessary,
based on input from the EMT. See
Phase 2A Omnibus Remedial Order
(Doc. 3464) at § 2.1.6.
The defendants proposed that they
begin developing ADOC’s policy
related to correctional staffing
analysis by March 28, 2022. See
Defs.’ Proposal Regarding ADOC’s
Staffing Unit (Doc. 3546).
Because this deadline has passed,
the defendants are to file a
notice with the court by April
20, 2022, confirming that they
have begun such.
The defendants proposed that they
begin collecting information from
ADOC’s major facilities for
updating the Savages’ 2018
staffing analysis by April 1,
2022.
See Defs.’ Proposal
Regarding ADOC’s Staffing Unit

4/25/2022

On March 1, June
1, September 1,
and December 1 of
each year

To be determined.

4/20/2022

4/20/2022

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(Doc. 3546). Because this
deadline has passed, the
defendants are to file a notice
with the court by April 20, 2022,
confirming that they have begun
such.
The defendants are to begin
visiting ADOC’s major facilities
to gather information for
updating the Savages’ 2018
staffing analysis. The
defendants shall file a notice
with the court confirming that
they have met this deadline.
Coordinator Cheryl Price and
other members of the agency
staffing unit, or “resource
planning unit,” are to
participate, from May 6 through
July 15, 2022, in the training
program on correctional staffing
analysis taught by the National
Institute of Corrections. The
defendants shall file a notice
with the court by July 15, 2022,
confirming that they have met
this deadline.
The defendants are to obtain
information from approximately
half of ADOC’s major facilities
for updating the Savages’ 2018
staffing analysis. The
defendants shall file a notice
with the court confirming that
they have met this deadline.
The defendants are to complete
the update to the Savages’ 2018
staffing analysis. The
defendants shall file a notice
with the court confirming that
they have met this deadline.
The defendants must develop with
the Savages and submit to the
court realistic benchmarks for
the level of correctional
staffing ADOC will attain by
December 31 of 2022, 2023, and
2024 to put ADOC on track to fill
all mandatory and essential posts
by July 1, 2025. (Doc. 3464) at
§ 2.1.5.

5/1/2022

7/15/2022

7/15/2022

11/1/2022

6/1/2022

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Deadline by which ADOC must fill
all mandatory and essential posts
at the level indicated in the
most recent staffing analysis at
that time. (Doc. 3464) at
§ 2.1.4.

7/1/2025

MENTAL-HEALTH STAFFING
The defendants must submit
mental-health staffing reports to
the court and the EMT. (Doc.
3464) at § 2.2.4.
By agreement
of the parties, the defendants
are to submit these reports on
the dates set forth in the Phase
2A Understaffing Remedial Order
(Doc. 1657) at § 4, namely, March
1, June 1, September 1, and
December 1 of each year.
The formatting for the
mental-health staffing reports
shall be revised, if necessary,
based on input from the EMT. See
Phase 2A Omnibus Remedial Order
(Doc. 3464) at § 2.2.4.
The EMT shall review ADOC’s
mental-health staffing ratios
and, if necessary, make
recommendations for revising
them. (Doc. 3464) at § 2.2.2.
Deadline by which ADOC must
achieve the staffing levels set
forth in the staffing matrix
previously approved by the court
in the Phase 2A Order and
Injunction on Mental-Health
Staffing Remedy (Doc. 2688),
subject to any subsequent
modifications. (Doc. 3464) at
§ 2.2.3.

On a quarterly
basis

On March 1, June
1, September 1,
and December 1 of
each year

To be determined.

Beginning one
year from the
initiation of
monitoring
7/1/2025

RESTRICTIVE HOUSING
The defendants must file with the
court and the EMT reports on each
inmate who has been in
restrictive housing for longer
than 72 hours under exceptional
circumstances during that week.
(Doc. 3464) at § 3.1.4.

On a weekly
basis

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The parties must submit proposals
that will allow ADOC’s RHUs (with
the exception of the RHU at
Tutwiler) to function safely with
the correctional staff that ADOC
currently employs. (Doc. 3464) at
§ 2.1.7.3.
Deadline by which all RHU cells
must be cleaned. (Doc. 3464) at
§ 3.1.1.
Deadline by which all RHU cells
must comply with the conditions
set forth in Lindsay M. Hayes’s
Checklist for the
“Suicide-Resistant” Design of
Correctional Facilities (Doc.
3206-5). (Doc. 3464) at § 3.1.3.
Stayed pursuant to opinion and
order on motion to stay. (Doc.
3526) at 75-76.

6/1/2022

6/8/2022
Stayed

SUICIDE PREVENTION
ADOC must conduct inspections of
all suicide watch, SU, and RHU
cells to verify that they meet
the conditions set forth Lindsay
M. Hayes’s Checklist for the
“Suicide-Resistant” Design of
Correctional Facilities (Doc.
3206-5). (Doc. 3464) at
§ 2.1.7.2. Stayed as to RHU cells
pursuant to opinion and order on
motion to stay. (Doc. 3526) at
75-76.

Stayed as to
RHU cells only;
otherwise, on a
quarterly basis

HIGHER LEVELS OF CARE
In collaboration with the EMT,
ADOC must reassess (1) the number
of inmates on its mental-health
caseload and (2) whether the
current estimate of the
percentage of the mental-health
caseload requiring inpatient
treatment is accurate. (Doc.
3464) at § 11.2.2.
The defendants must submit to the
court a plan and procedures to
address the serious risk posed by
high temperatures in the
mental-health units. (Doc. 3464)
at § 11.3.

On an annual
basis

6/1/2022

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STATUS CONFERENCES
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467).

5/13/2022 at
9:00 a.m.
8/12/2022 at
9:00 a.m.
11/10/2022 at
9:00 a.m.
2/10/2023 at
9:00 a.m.
7/7/2023 at
9:00 a.m.
11/17/2023 at
9:00 a.m.
2/9/2024 at
9:00 a.m.
7/12/2024 at
9:00 a.m.
11/22/2024 at
9:00 a.m.
2/7/2025 at
9:00 a.m.

STANDING ORDERS FOR HEARINGS AND
STATUS CONFERENCES
All hearings and evidentiary
hearings shall be in accordance
with the order entered on
1/15/2020 (Doc. 2727), unless
otherwise specified.

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All hearings, evidentiary
hearings, and status conferences
are to be by videoconferencing
unless otherwise specified.

DONE, this the 13th day of April, 2022.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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