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Braggs v. Dunn

United States District Court, M.D. Alabama

January 19, 2017

EDWARD BRAGGS, et al., Plaintiffs,
v.
JEFFERSON S. DUNN, in his official capacity as Commissioner of the Alabama Department of Corrections, et al., Defendants.

          TEMPORARY RESTRAINING ORDER REGARDING SETTLEMENT OF PHASE 2A MENTAL HEALTH ADA CLAIMS

          MYRON H. THOMPSON UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on The Parties' Joint Motion for a Temporary Restraining Order. After considering the evidence and arguments submitted by the Parties, the Court hereby rules as follows:

         1. This Court has jurisdiction over the Parties and over the subject matter of this action. Venue is proper in this Court.

         2. On January 11, 2017, the Parties mutually agreed to the “Settlement Agreement Concerning Mental Health Claims Arising Under the Americans with Disabilities Act and § 504 of the Rehabilitation Act of 1973.” (See Doc. 1100, the “Agreement.”)

         3. Section III.1. of the Agreement provides that:

“At the time of execution of this Agreement, some of the Parties are engaged in the trial of that portion of this Lawsuit denominated as Phase 2A. The Parties recognize that the trial of Phase 2A likely prevents them and the Court from completing, in an expeditious manner, the necessary preliminary and final approval filings, hearings and the like concerning this ADA Mental Health Settlement Agreement. Accordingly, the Parties consent to entry of a Temporary Restraining Order that requires the implantation of the requirements Section V. “Substantive Provisions” of this ADA Mental Health Settlement Agreement.”

         4. In accordance with that provision, the Parties jointly moved for a temporary restraining order implementing Section V. of the Agreement. Section V. of the Agreement is incorporated as if fully set forth herein, along with any other provision of the Agreement necessary so that all inmates covered by the Agreement are provided with the services and benefits detailed in Section V. during the pendency of the Court's preliminary and final approval of that Agreement.

         5. Based upon a review of the documents presented to this Court, the Court finds that sufficient cause exists to grant the Parties' motion.

         6. Specifically, this Court finds that:

(i) The Plaintiffs are in imminent danger of suffering irreparable injury unless this Court enters a temporary restraining order requiring the implementation of Section V. of the Agreement;
(ii) The Plaintiffs have no other adequate remedy at law, and require an injunction;
(iii) The Plaintiffs appear likely to succeed on the merits of their claims covered by the Agreement;
(iv) The balance of equities weighs in favor of immediately implementing Section V. of the Agreement because the Parties have already agreed to its implementation; and
(v) There will be no adverse effect on the public interest - and indeed, that the public interest will be served - by requiring the ...

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