Dunn et al v. Thomas et al

Filing 3788

ORDER TO EXTEND COURT SUPERVISION AND MONITORING OF THE PHASE 2A ADA CONSENT DECREE: it is ORDERED that the 3765 motion is granted; Furthermore, pursuant to the joint agreement of the parties, it is ORDERED that the following conditions shall apply, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/1/2022. (amf, )

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 TO EXTEND COURT SUPERVISION
AND MONITORING OF THE PHASE 2A ADA CONSENT DECREE
The parties submitted a joint motion to extend the
court’s supervision and monitoring under the Phase 2A ADA
consent decree.

As recorded in a separate opinion, the

court finds that the requested extension complies with
the requirements of the Prison Litigation Reform Act, 18
U.S.C. § 3626.
motion

and

Upon consideration of the parties’ joint

their

representations

to

the

court

at

a

videoconference on August 30, 2022, it is ORDERED that
the motion (Doc. 3765) is granted.

Furthermore, pursuant to the joint agreement of the
parties, it is ORDERED that the following conditions
shall apply:
(1) The termination date for specific provisions of
the Phase 2A ADA consent decree (Doc. 1291), as described
below, is extended to October 1, 2023.

During the

extension period, the court will retain jurisdiction--and
monitoring will continue--as to Adaptive Behavior/Life
Skills Training, pursuant to the consent decree.

This

extension does not affect other provisions in the Phase
2A ADA consent decree (Doc. 1291).

This extension does

not limit the provisions, enforcement, or monitoring of
the Phase 1 ADA consent decree (Doc. 728).
(2) The defendants will pay an additional sum of
$ 12,000 to the monitor, subject to the terms of the
original consent decree, to cover the extension period.
(3)

The

attorney’s

plaintiffs

fees

at

this

will
time

not
due

seek
to

additional

allegations

of

noncompliance with the consent decree, but may seek fees
at a later date if they can demonstrate to the court
2

continued

noncompliance

and

contempt

for

failure

to

comply in the future with the provisions of the Phase 2A
ADA consent decree.
(4) The defendants will use the extension period to
ensure all prisoners have valid Beta III/IV scores.
defendants

will

also

use

the

extension

period

The
to

determine how long it will take to ensure that all
eligible prisoners are provided the opportunity to take
the Adaptive Behavior/Life Skills Training course and to
receive a refresher course.
(5) During the extension period, the plaintiffs will
continue to work with the defendants.
further

agree

that

they

will

not

move

The plaintiffs
forward

with

contempt proceedings during the extension period and that
the extension resolves the pending dispute-resolution
process concerning provision of Beta III/IV testing and
provision of the Adaptive Behavior/Life Skills Training
course to eligible prisoners.
(7) Depending on the time needed by the defendants
and

the

Alabama

Department
3

of

Corrections

to

reach

compliance with the Phase 2A ADA consent decree, the
plaintiffs may seek an additional extension or other
remedies as permitted by law, including attorney’s fees
if appropriate.
(8) The parties are to comply with any, and all,
other provisions contained in the joint motion to extend
the court’s supervision and monitoring under the Phase
2A ADA consent decree (Doc. 3765).
DONE, this the 1st day of September, 2022.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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