Dunn et al v. Thomas et al

Filing 3793

ORDER: it is ORDERED that: (1) The parties are to clarify whether their 3791 joint filing was intended to address both (i) ensuring the safe functioning of the RHUs (through any appropriate measures despite current levels of correctional staffin g), pursuant to Doc. 3763 , and (ii) a plan to address and assess ADOC correctional staffing levels, pursuant to Doc. 3764 ; (2) In any event, the parties are to explain specifically their joint proposal of a schedule to mediate the issue of how to enable "the safe functioning of ADOC's RHUs" in light of ADOC's current levels of correctional staffing; (3) The parties are to respond to this order in a joint filing by noon on 9/8/2022. Signed by Honorable Judge Myron H. Thompson on 9/7/2022. (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)

ORDER
On August 22, 2022, the court ordered the parties
(i) to “file with the court a joint proposal of a schedule
to mediate the issue of how to enable the safe functioning
of ADOC’s RHUs with ADOC’s current levels of correctional
staffing” (Doc. 3763) and (ii) to “file with the court a
joint

proposal

on

a

schedule

to

mediate

the

issues

identified above regarding the development of a plan to
address ADOC’s correctional staffing levels and a method
to assess and reassess over time the effectiveness of the

steps taken pursuant to that plan” (Doc. 3764).

In

response to a motion from the parties, see Joint Motion
for Extension of Time (Doc. 3772), the court reset the
deadline for each filing for September 5, 2022, at 5:00
P.M., see Revised Remedy Scheduling Order (Doc. 3775).
The parties have now submitted a joint filing styled
as a “Joint Status Report on Mediation of Correctional
Staffing and Operation of RHUs.”
(Doc. 3791) at 1.
any

reference

Joint Status Report

Despite this heading, the filing omits

to

the

order

concerning

“the

safe

functioning of ADOC’s RHUs” (Doc. 3763) and discusses
only the second order (Doc. 3764). The two orders address
separate issues.

The first is about drafting measures

to ensure the safe functioning of the RHUs until the
issue of understaffing can be remedied.

The second is

about remedying the issue of understaffing.
Accordingly, it is ORDERED that:
(1) The parties are to clarify whether their joint
filing (Doc. 3791) was intended to address both (i)
ensuring the safe functioning of the RHUs (through any
2

appropriate

measures

despite

current

levels

of

correctional staffing), pursuant to Doc. 3763, and (ii)
a plan to address and assess ADOC correctional staffing
levels, pursuant to Doc. 3764.
(2)

In

specifically

any

event,

their

joint

the

parties

proposal

of

are
a

to

explain

schedule

to

mediate the issue of how to enable “the safe functioning
of ADOC’s RHUs” in light of ADOC’s current levels of
correctional staffing.
(3) The parties are to respond to this order in a
joint filing by noon on September 8, 2022.
DONE, this the 7th day of September, 2022.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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