Dunn et al v. Thomas et al

Filing 3988

ORDER ON THE STATUS OF THE EMT AND THE EMT'S PRE-MONITORING PHASE TIMELINE: it is ORDERED that: 1) The parties should be prepared to discuss the status of the EMT at the status conference on 7/14/2023, at 9:00 a.m.; 2) The parties shall by 5: 00 p.m. on 8/3, 10/3, and 11/3/2023, jointly file reports addressing the status of the EMT's pre-monitoring phase timeline, including whether the most recent pre-monitoring deadline has been met, and if not, why not. Signed by Honorable Judge Myron H. Thompson on 7/12/2023. (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 ON THE STATUS OF THE EMT AND THE EMT’S
PRE-MONITORING PHASE TIMELINE
In September 2020, the court entered its Phase 2A
opinion and order adopting the monitoring scheme to be
implemented as to the Eighth Amendment remedy in this
case.

See Braggs v. Dunn, 483 F. Supp. 3d 1136 (M.D.

Ala. 2020) (Thompson, J.) (Doc. 2915).
court

“adopt[ed]

in

large

part

In doing so, the
the

defendants’

plan--substantial portions to which the plaintiffs ...
agreed--with

some

alterations.”

Id.

at

1140.

The

cornerstone of this monitoring scheme is the external

monitoring team (EMT) that will draw on its members’
expertise to determine many of the details of monitoring
and

to

assist

in

developing

ADOC’s

capacity

for

sustainable internal monitoring and oversight.
Monitoring takes form in three phases: “In the first
phase, the EMT will assess and monitor ADOC’s compliance
with the court’s remedial orders; next, the EMT, as part
of its monitoring, will train the ADOC, through its
[Internal Monitoring Team (IMT)], how to monitor itself;
and,

finally,

itself.”

ADOC,

through

Id. at 1141.

automatically

a

year

its

IMT,

will

monitor

The second phase is to begin
after

Phase

1,

and

the

third

phase--that is, when the EMT will “handoff” monitoring
to the IMT so that the IMT can assume responsibility for
monitoring--will begin upon court’s determination that
the “IMT is sufficiently competent that monitoring by the
EMT is no longer necessary.”1

Id. at 1162.

1. Of course, in phase three, monitoring by the court
will continue, albeit by way of the IMT, until monitoring
is no longer needed. Id. at 1162.
2

Ultimately, the goal of these three phases, and the
hybrid monitoring framework generally, is not just to
conduct

monitoring

of

ADOC

but

eventually

to

ensure

adequate monitoring by ADOC and build ADOC’s internal
capacity to sustain compliance over the long term and
thereby

bring

to

an

end

the

history

of

repeated

litigation ADOC has confronted since the 1970s.
While

it

established.

took

some

time,

It

consists

of

the
four

EMT

was

members:

recently
(1)

Dr.

Elizabeth Falcon in the role of psychologist and the
administrative head of the team; (2) Dr. Raymond Reeves,
Jr., in the role of the psychiatrist; (3) Rick Raemisch
as the correctional administrator; and (4) Karen Rea in
the role of nurse.

Each of the four members have been

assigned corresponding points of contact with the ADOC.
See Joint Status Report (Doc. 3838).

The court met with

all the members of the EMT for the first time on May 5,
2023.
So far, the recently finalized EMT has been in what
it

calls

the

“pre-monitoring

3

phase,”

wherein

it

is

touring

facilities,

developing
necessary

gathering

performance
to

compliance.

begin

measures

assessing

information,
and

and

and

auditing

monitoring

tools
ADOC’s

See Supplemental Joint Report (Doc. 3918)

at 2 (outlining all “pre-monitoring activities”); see
also Braggs, 483 F. Supp. 3d at 1149-52.

On February 9,

2023,

that

the

parties

represented

notified

that

it

the

court

anticipated

the

completing

EMT
all

pre-monitoring activities (and thereby begin the first
phase of monitoring) under the following timeline:
•

By

July

1,

2023:

EMT

Provides

Performance

Measures to the Parties
•

By August 1, 2023: Parties Finalize Performance
Measures

•

By October 1,2023: EMT Provides Audit Tools to
the Parties

•

By

November

1,

2023:

Parties

Finalize

Tools
Supplemental Joint Report (Doc. 3918) at 2.

4

Audit

Under this timeline, the EMT anticipates that it will
begin monitoring by November 1, 2023--over three years
after

the

court

entered

the

Monitoring

Opinion.

Moreover, the EMT represented that it anticipates phase
three--that is, the handoff of monitoring to the IMT--to
begin roughly 16 to 18 months after November 1, 2023, or
in the spring of 2025.2

Id. at 3.

While the anticipated

pre-monitoring deadlines are not binding, and may be
modified by the EMT, and given the delay in establishing
the EMT, the court finds it necessary to be regularly
updated on the progress of the EMT, especially as it
relates to when monitoring will begin in full.
Accordingly, it is ORDERED that:
(1) The parties should be prepared to discuss the
status of the EMT at the status conference on July
14, 2023, at 9:00 a.m.
(2) The parties shall by 5:00 p.m. on August 3, October
3, and November 3, 2023, jointly file reports

2. It is the court’s understanding that the EMT
intends to begin Phase 1 and Phase 2 of monitoring
somewhat concurrently.
5

addressing the status of the EMT’s pre-monitoring
phase timeline, including whether the most recent
pre-monitoring deadline has been met, and if not,
why not.
DONE, this the 12th day of July, 2023.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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