Dunn et al v. Thomas et al

Filing 3994

ORDER AS TO THE QUARTERLY CORRECTIONAL STAFFING REPORTS: it is ORDERED that: 1) The parties should file a status report on 8/3/2023, at to the EMT's progress on evaluating the adequacy of the quarterly correctional staffing reports, including whether the EMT's performance measures touch on this issue; 2) The parties should be prepared to discuss the above report, and the adequacy of the formatting of the correctional staffing reports generally, at a status hearing now set for 8/9/20 23, at 8:30 a.m.; 3) Within seven days of the filing of each new quarterly correctional staffing report, the parties are to file a joint "Correctional Staffing Trends" report, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/17/2023. (Furnished: Calendar, AG, & LW)(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 AS TO THE QUARTERLY CORRECTIONAL STAFFING REPORTS
For the past several years, the parties have been
filing

Quarterly

Correctional

Staffing

Reports

every

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

These reports have contained a spreadsheet of

correctional

staffing

data

based

on

the

operative

correctional staffing analysis at the time and the actual
number of staff working at a given facility during a
given quarter.

See First Quarter Correctional Staffing

Report (Doc. 3973).

The spreadsheets had data as to each

facility and they aggregated that data into totals.

Based on the court’s review of the reports, the
filings of the parties, and the representation of the
parties

made

on

the

record

at

the

triannual

status

conference on July 14, 2023, the court is concerned about
the adequacy of these reports.

Specifically, (1) the

quarterly reports do not delineate between mandatory and
essential
compare
provided

staff

in

“assigned”
by

the

their

total

full-time
appropriate

aggregates;

equivalents

(2)

they

(FTEs),

correctional

as

staffing

analysis, with “actual” employees, which may create a
misleading “vacancy rate,” given that one employee may
fill less, or more, FTEs during any given quarter; and
(3) relatedly, the reports do not contemplate the roll
of overtime in filling the “assigned” FTEs.

See First

Quarter Correctional Staffing Report (Doc. 3973).

All

of which may pose issues for the accuracy of the reports
if and when compliance with correctional staffing is
remotely a close call.
Nonetheless, the parties represented to the court at
the hearing on July 14, 2023, that the adequacy and
formatting of the quarterly reports are being evaluated
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by the External Monitoring Team.
indicated

that

the

EMT’s

Moreover, the parties

forthcoming

“performance

measures,” which is the first component of the EMT’s
“pre-monitoring

phase,”

will

shed

some

light

issues pertaining to the quarterly reports.

on

the

See Order

on the Status of the EMT (Doc. 3988).

Given that the EMT

is

and

evaluating

the

reports,

that

the

soon-to-be-finalized performance measures will hopefully
touch on this issue, the court finds that it should wait
until those performance measures are finalized before
taking any substantive action as to the adequacy of the
formatting

of

the

quarterly

correctional

staffing

reports.
In the meantime, the court finds it necessary to
enter

a

standing

order

requiring

quarterly

reports” to follow the staffing reports.
defendants

have

been

filing

the

quarterly

“trends

While the
staffing

reports, the parties have never been required to file
regular reports that clearly indicate what the data in
the reports reflect.

Going forward, they should--both

as a matter of establishing a clean record and to aid all
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parties

in

clearly

seeing

what

is

reflected

in

the

forthcoming reports’ many columns, rows, and numbers.
The July 1, 2025, correctional-staffing deadline looms.
The

quarterly

reports

are

the

parties’

tracking compliance with that deadline.

best

way

of

As outlined

above, the reports may at present have issues; however,
no matter the formatting of the reports, the court would
like clear statements from the parties as to what they
reflect.
Accordingly, it is ORDERED that:
(1) The parties should file a status report on August
3, 2023, at to the EMT’s progress on evaluating
the

adequacy

of

the

quarterly

correctional

staffing reports, including whether the EMT’s
performance measures touch on this issue.
(2) The parties should be prepared to discuss the
above report, and the adequacy of the formatting
of the correctional staffing reports generally,
at a status hearing now set for August 9, 2023,
at 8:30 a.m.

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(3) Within seven days of the filing of each new
quarterly
parties

correctional
are

to

file

staffing
a

joint

report,

the

“Correctional

Staffing Trends” report that: (a) summarizes the
data in that report; (b) states the net increase
or decrease in total staffing relative to the
prior

report

percentage;

in
(c)

both

raw

states

numbers

whether

and
the

as

a

report

reflects a rate of progression that places the
ADOC on track to meet the forthcoming July 1,
2025, correctional-staffing deadline, (d) states
any other retrospective trends and prognosis the
report indicates; and (e) brings to the court’s
attention any other information revealed by the
report.

This order applies to the quarterly

correctional staffing reports under the current
formatting and all, if any, future formatting.
DONE, this the 17th day of July, 2023.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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