Hunter et al v. Perdue

Filing 191

ORDER: it is ORDERED that defendant submit a set of proposed benchmarks against which progress can be measured for the next nine months, enabling plaintiffs and the court to identify lingering challenges and consider whether additional remedial pl ans are necessary, as further set out in order; Defendant is to submit these proposed benchmarks on or before 6/22/2021, with plaintiffs to reply by 6/29/2021; further ORDERED that, in addition to the previously-ordered joint reports regarding steps taken to improve ADMH's noncompliance, the parties are to file data reflecting the status of compliance at least three days before each upcoming status conference, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 6/7/2021. (amf, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION DEMONTRAY HUNTER, et al., Plaintiffs, v. KIMBERLY G. BOSWELL, in her official capacity as the Commissioner of the Alabama Department of Mental Health, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:16cv798-MHT (WO) ORDER During the status conference on May 28, 2021, defense counsel expressed confidence that the Alabama Department of Mental Health (ADMH) will achieve substantial compliance with the requirements of the consent decree by February 2022. But the court remains concerned about proceeding without a clear way to measure progress in the intervening months. Accordingly, it is ORDERED that defendant submit a set of proposed benchmarks against which progress can be measured for the next nine months, enabling plaintiffs and the court to identify lingering challenges and consider whether additional remedial plans are necessary. These benchmarks should include proposed quantitative outcomes for competency both outpatient restoration demonstrate treatment satisfactory progress compliance on both metrics. proposed benchmarks are context at this time.) mental evaluations that, if towards met, and will substantial (As defendant requested, no required for the inpatient Each of these proposed benchmarks should include numerical targets for, at minimum, August 2, 2021; Defendant November should where relevant. 1, also 2021; include and February qualitative 1, 2022. benchmarks Defendant is to submit these proposed benchmarks on or before June 22, 2021, with plaintiffs to reply by June 29, 2021. It is further ORDERED that, in addition to the previously-ordered joint reports regarding steps taken to improve ADMH’s noncompliance, the parties are to file data reflecting the status of compliance at least three days before each upcoming status conference. 2 See Opinion and Order (Doc. 182) at 17-18 (scheduling conferences and ordering joint reports). status Plaintiffs’ recent filing of supplemental data (Doc. 190) may serve as a sample for these reports. DONE, this the 7th day of June, 2021. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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