Dunn et al v. Thomas et al

Filing 3667

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. Signed by Honorable Judge Myron H. Thompson on 7/20/2022. (es, )

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
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.

OLD DATES
GENERAL
The effective date of the Phase
2A Omnibus Remedial Order. (Doc.
3464) at § 1.3.
Oral argument is set on Troy
Connell’s motion to intervene
(Doc. 3633 & Doc. 3634-1).
Oral argument is set on Troy
Connell’s request for judicial
notice (Doc. 3655).

3/9/2022
8/15/2022 at
2:30 p.m.
8/15/2022 at
2:30 p.m.

MONITORING
The parties are to file a joint
status report updating the court
as to their progress towards
finding a person to replace
Catherine Knox as the EMT’s
nurse.
The parties should be prepared to
address orally the issue of
finding a person to replace
Catherine Knox as the EMT’s
nurse.

8/5/2022 at
5:00 p.m.

8/15/2022 at
2:30 p.m.

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 plaintiffs are to file a
report on what the most recent
quarterly correctional staffing
reports to the court reflect. In
doing so, the plaintiffs should
use their judgment on how far
back to reference.
The defendants are to file a
response to the plaintiffs’ 8/5
report regarding the quarterly
correctional staffing reports.

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

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5:00 p.m.

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5:00 p.m.

2

NEW DATES

The parties should be prepared to
address orally what the most
recent quarterly correctional
staffing reports to the court
reflect.
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). On
April 20, 2022, the defendants
filed a notice that they had
“initiated the creation of a
policy to provide instruction on
developing and maintaining a
correctional staffing analysis.”
Defs.’ Notice (Doc. 3558) at 2.
See below the deadline for the
defendants’ response to the
plaintiffs’ proposal (Doc. 3611)
as to how to keep the court and
the EMT abreast of the
defendants’ continued progress in
updating the correctional
staffing analysis.
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
(Doc. 3546). On April 20, 2022,
the defendants filed a notice
that they had “initiated the
collection of necessary documents
from ADOC’s major facilities to
facilitate updating the Savages’
2018 staffing analysis.” Defs.’
Notice (Doc. 3558) at 2. See
below the deadline for the
defendants’ response to the
plaintiffs’ proposal (Doc. 3611)
as to how to keep the court and

8/15/2022 at
2:30 p.m.

To be
determined.

Done.

Done.

3

the EMT abreast of the
defendants’ continued progress in
updating the correctional
staffing analysis.
The defendants proposed that they
begin visiting ADOC’s major
facilities to gather information
for updating the Savages’ 2018
staffing analysis by May 1, 2022.
See Defs.’ Proposal Regarding
ADOC’s Staffing Unit (Doc. 3546).
On May 3, 2022, the defendants
filed a notice that they had
“coordinated with Russ and Meg
Savage ... to conduct tours of
two (2) major facilities ... on
May 4-6, 2022.” Defs.’ Notice
(Doc. 3565) at 2. See below the
deadline for the defendants’
response to the plaintiffs’
proposal (Doc. 3611) as to how to
keep the court and the EMT
abreast of the defendants’
continued progress in updating
the correctional staffing
analysis.
Coordinator Cheryl Price and
other members of the agency
staffing unit, or “resource
planning unit,” are to
participate in the training
program on correctional staffing
analysis taught by the National
Institute of Corrections (NIC).
In light of the defendants’
representation that ADOC was not
selected to participate in the
NIC’s training programs so far
this year, see Defs.’ Status
Reports (Doc. 3563 & Doc. 3663),
the plaintiffs and defendants
shall submit proposals as to how
to proceed.
Oral argument is set on how to
proceed on the issue of ADOC’s
participation in the training
program on correctional staffing
analysis taught by the National
Institute of Corrections.

Done.

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5:00 p.m.

8/15/2022 at
2:30 p.m.

4

The plaintiffs have submitted a
proposal for keeping the court
and the EMT abreast of the
defendants’ continued progress in
updating the correctional
staffing analysis (for example,
developing ADOC’s policy related
to the correctional staffing
analysis and collecting
information from ADOC’s major
facilities) after the deadlines
for beginning implementation have
passed. (Doc. 3611). The
parties are to confer with Judge
Ott to try to reach a resolution
on this proposal. The parties
are to file a report on their
efforts to reach a resolution.
If the parties are unable to
reach a resolution on the
plaintiffs’ proposal for keeping
the court and the EMT abreast of
the defendants’ continued
progress in updating the
correctional staffing analysis,
the defendants are to file a
response to the plaintiffs’
proposal.
If the parties are unable to
reach a resolution on the
plaintiffs’ proposal for keeping
the court and the EMT abreast of
the defendants’ continued
progress in updating the
correctional staffing analysis,
oral argument is set on how to
keep the court and the EMT
abreast of the defendants’
continued progress in updating
the correctional staffing
analysis.
The defendants report that they
have obtained information from
more than half of ADOC’s major
facilities for updating the
Savages’ 2018 staffing analysis.
(Doc. 3663). Per the defendants’
proposal, the defendants are to
complete the information as to
the remaining facilities by
August 31, 2022. See Defs.’

8/5/2022 at
5:00 p.m.

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5:00 p.m.

8/15/2022 at
2:30 p.m.

9/9/2022 at
5:00 p.m.

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Notice (Doc. 3663) at 3-4. 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.
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.

11/1/2022

12/1/2022 at
5:00 p.m.

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 plaintiffs are to file a
report on what the most recent
quarterly mental-health staffing
reports to the court reflect. In
doing so, the plaintiffs should
use their judgment on how far
back to reference.

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

8/5/2022 at
5:00 p.m.

6

The defendants are to file a
response to the plaintiffs’ 8/5
report regarding the quarterly
mental-health staffing reports.
The parties should be prepared to
address orally what the most
recent quarterly mental-health
staffing reports to the court
reflect.
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.

8/10/2022 at
5:00 p.m.
8/15/2022 at
2:30 p.m.

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, and (Doc.
3557).
Each side has submitted a
proposal on how to proceed on the
issue of revising the format of
the weekly SMI reports in light
of the Phase 2A Omnibus Remedial
Order (Doc. 3464) at § 3.1.4; see
also order (Doc. 3557). (Doc.
3621 & Doc. 3624). The parties
are to confer with Judge Ott to
try to resolve this issue. The
parties are to file a report on

On a weekly
basis

8/5/2022 at
5:00 p.m.

7

their efforts to resolve the
issue.
If the parties are unable to
resolve the issue of revising the
format of the weekly SMI reports,
each side is to file a response
to the other’s proposal.
If the parties are unable to
resolve the issue of revising the
format of the weekly SMI reports,
oral argument is set on the
parties’ proposals on how to
proceed on the issue of revising
the format of the weekly SMI
reports.
The plaintiffs are to file a
report on what the most recent
weekly SMI reports to the court
reflect (trends, etc., if
anything). In doing so, the
plaintiffs should use their
judgment on how far back to
reference.

8/10/2022 at
5:00 p.m.

8/15/2022 at
2:30 p.m.

8/5/2022 at 5:00
p.m.

The defendants are to file a
response to the plaintiffs’ 8/5
report regarding the weekly SMI
reports.

8/10/2022 at 5:00
p.m.

The parties should be prepared to
address orally what the most
recent weekly SMI reports to the
court reflect.

8/15/2022 at 2:30
p.m.

Each side has submitted a
proposal 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. (Doc. 3622 & Doc.
3623). The parties are to confer
with Judge Ott to try to reach a
resolution on the proposals. The
parties are to file a report on
their efforts to reach a
resolution.
If the parties are unable to
reach a resolution on the
parties’ proposals that will

8/5/2022 at
5:00 p.m.

8/10/2022 at
5:00 p.m.

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allow ADOC’s RHUs (with the
exception of the RHU at Tutwiler)
to function safely with the staff
that ADOC currently employs, each
side is to file a response to the
other’s proposal.
If the parties are unable to
reach a resolution on the
parties’ proposals that will
allow ADOC’s RHUs (with the
exception of the RHU at Tutwiler)
to function safely with the staff
that ADOC currently employs, oral
argument is set on the parties’
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.
The Phase 2A omnibus remedial
order provided that all RHU cells
must be cleaned by June 8, 2022.
(Doc. 3464) at § 3.1.1. The
defendants shall file a notice
with the court confirming that
they have met this deadline.
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.

8/15/2022 at
2:30 p.m.

8/5/2022 at
5:00 p.m.

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

9

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 having submitted
to the court a plan and
procedures (Doc. 3620) to address
the serious risk posed by high
temperatures in the mental-health
units, (Doc. 3464) at § 11.3, the
plaintiffs are to file a response
that shall address, among other
things, the adequacy of
Administrative Regulation 619 as
a means of addressing the risk
posed by high temperatures in
light of the court’s previous
discussion of its concerns as to
that regulation, see Phase 2A
Inpatient Treatment Remedial
Opinion and Order, Braggs v.
Dunn, 2020 WL 2789880, *14-15
(M.D. Ala. 2020) (Thompson, J.)
(discussing Administrative
Regulation 619); see also Phase
2A Omnibus Remedial Order (Doc.
3464) at § 11.3, and the question
of whether ADOC employees are
trained to follow the regulation.
Oral argument is set on the
defendants’ plan and procedures
(Doc. 3620) to address the
serious risk posed by high
temperatures in the mental-health
units, (Doc. 3464) at § 11.3.
STATUS CONFERENCES
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467 and Doc.
3480).
Triannual status conference, with
the parties to submit reports 10

On an annual
basis

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8/15/2022 at
2:30 p.m.

11/10/2022 at
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10

business days before the status
conference (Doc. 3467 and Doc.
3480).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467 and Doc.
3480).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467 and Doc.
3480).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467 and Doc.
3480).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467 and Doc.
3480).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467 and Doc.
3480).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467 and Doc.
3480).
Triannual status conference, with
the parties to submit reports 10
business days before the status
conference (Doc. 3467 and Doc.
3480).

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

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DONE, this the 20th day of July, 2022.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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