Dunn et al v. Thomas et al

Filing 4040

OPINION ON PHASE 1 ADA ALTERATIONS TO FRANK LEE CENTER: Because the plaintiffs are satisfied with Frank Lee's present ADA compliance and the ADOC's commitment to keep Frank Lee ADA compliant, and because ADAP will continue monitoring this issue, the court will take no further action at this time regarding the ADA aspects of this case concerning the Frank Lee Community Based Facility/Community Work Center. Signed by Honorable Judge Myron H. Thompson on 9/21/2023. (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)

OPINION ON PHASE 1 ADA ALTERATIONS TO FRANK LEE CENTER
Under the Phase 1 ADA Consent Decree (Doc. 728),
certain ADA alterations and remediations to the Frank Lee
Community

Based

Facility/Community

Work

Center

supposed to be completed by January 1, 2023.

were
That

deadline lapsed due to the ADOC’s ongoing construction
of new facilities, which the defendants represented would
ultimately lead to the closure of the Frank Lee Center
(therefore obviating the necessity of structural ADA
remediation).

As a result of the defendants’ representations that
Frank

Lee

was

set

to

close,

the

court

ordered

the

plaintiffs to file a joint status report as to whether
the

individuals

with

disabilities

at

Frank

Lee

are

receiving, and will continue to receive, appropriate ADA
accommodations until the facility closes.
to

the

Lapsed

Phase

1

ADA

See Order as

Alteration

Deadlines

(Doc. 3992).
The plaintiffs filed that joint report on September
15, 2023.

See Report Regarding ADA Access at Frank Lee

(Doc. 4035).
that

counsel

In that report, the plaintiffs represented
for

both

parties

toured

the

Frank

Lee

facility, met with the ADA coordinator, and spoke with
several

ADA-eligible

individuals

housed

there.

The

parties’ counsel identified several areas suitable for
easy remediation, such as installing a shower chair and
removing certain barriers, among others.
identified

individuals

who

would

Moreover, they

benefit

from

being

transferred to a more accessible work release center.
Thereafter,

the

ADOC

implemented
2

the

identified

alterations

and

transferred

certain

individuals

would be accommodated better elsewhere.

that

Id. at 2–4.

Based on their evaluation of Frank Lee, and the
ADOC’s recent actions to remediate Frank Lee, plaintiffs
represented that they are “satisfied that efforts are
being made to ensure that individuals at Frank Lee can
access needed accommodations” and any future concerns can
be addressed by the parties and the Alabama Disability
Advocacy Program (ADAP), the monitor of the Phase 1 ADA
Consent Decree, without court oversight.

Id. at 4.

Because the plaintiffs are satisfied with Frank Lee’s
present ADA compliance and the ADOC’s commitment to keep
Frank Lee ADA compliant, and because ADAP will continue
monitoring this issue, the court will take no further
action at this time regarding the ADA aspects of this
case

concerning

the

Frank

Lee

Community

Based

Facility/Community Work Center.
DONE, this the 21st day of September, 2023.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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