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Braggs v. Dunn

United States District Court, M.D. Alabama, Northern Division

September 9, 2019

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

          PHASE 2A REVISED REMEDY SCHEDULING ORDER ON THE EIGHTH AMENDMENT CLAIM

          MYRON H. THOMPSON, UNITED STATES DISTRICT JUDGE.

         Based on the representations made on the record on September 6, 2019, it is ORDERED that the remaining deadlines and dates for the Phase 2A remedy scheduling order for the Eighth Amendment claim are revised as follows:

OLD DATES
NEW DATES

STAFFING

In-person hearing on whether the court should approve parties' proposed mental-health staffing agreement (doc. no. 2606), subject to later determination as to PLRA compliance.

11/15/19 at 10:00 a.m.

Evidentiary hearing on whether parties' proposed mental-health staffing agreement (doc. no. 2606) complies with the PLRA.

3/2/20 at 10:00 a.m. (Stayed until December 13, 2019)

SEGREGATION

Parties were to develop schemes to verify that defendants are now accurately and timely identifying SMI inmates with regard to segregation. This matter was continued generally pending mediation and resolution of the monitoring issue. The parties are to file a joint statement as to the status of this issue.

9/20/19 at 5:00 p.m.

Evidentiary hearing on remedy for violations found in supplemental liability opinion. (Doc. nos. 2353, 2397, & 2398).

11/12/19 at 10:00 a.m.

With regard to remedy for violations found in supplemental liability opinion, parties to file briefs updating court as to what the issues are and what documents are relevant.

11/5/19

In-person Hearing on “segregation-like” issue.

11/12/19 at 10:00 a.m.

With regard to the “segregation-like” issue, parties to file briefs updating court as to what the issue is and what documents are relevant.

11/5/19

Remedy for remaining violations found in initial liability opinion. Evidentiary hearing already held. Just need to issue opinion.

Under submission

HOSPITAL-LEVEL CARE

Evidentiary hearing on whether parties' proposed stipulations comply with PLRA. (Doc. no. 2383).

3/2/20 at 10:00 a.m. (Stayed until December 13, 2019)

Vitek issue: Evidentiary hearing regarding most current facts surrounding hospital-level care.

1/24/20 at 10:00 a.m.

Vitek issue: Plaintiffs to file brief detailing (1) the most recent factual circumstances regarding hospital-level care and (2) why Vitek applies in light of those circumstances.

1/10/20

Vitek issue: Defendants to file brief detailing (1) the most recent factual circumstances regarding hospital-level care and (2) why Vitek does not apply in light of those circumstances.

1/17/20

SUICIDE PREVENTION

In-person hearing on whether the court should approve parties' most recently proposed suicide prevention measures (doc. no. 2606), subject to later determination as to PLRA compliance.

11/15/19 at 10:00 a.m.

Evidentiary hearing of whether parties' most recently proposed suicide prevention measures (doc. no. 2606) complies with the PLRA.

3/2/20 at 10:00 a.m. (Stayed until December 13, 2019)

Court's remedial opinion and judgment for immediate relief regarding suicide prevention (doc. nos. 2525 and 2526).

(Stayed until December 13, 2019)

Defendants' motion to alter, amend, or vacate (doc. no. 2564).

(Stayed until December 13, 2019)

Interim suicide prevention order (doc. no. 2569)

In effect until December 13, 2019

DISCIPLINARY SANCTIONS

Evidentiary hearing of whether parties' proposed stipulations comply with PLRA. (Doc. nos. 2384 & 2382).

3/2/20 at 10:00 a.m. (Stayed until December 13, 2019)

MONITORING

Remedy. Evidentiary hearing already held. Just need to issue opinion.

Under

submission as of December 13, 2019 (Stayed until then.)

RESIDENTIAL TREATMENT AND STABILIZATION UNITS

Remedy. Evidentiary hearing already held. Just need to issue opinion.

Under submission

MISCELLANEOUS

Evidentiary hearing on whether the following stipulations and orders comply with the PLRA:

--Intake (doc. nos. 1780 & 1794)

--Coding (doc. nos. 1779 & 1792)

--Referral (doc. nos. 1786, 1814, & 1821)

--Individual treatment plans (doc. nos. 1853 & 1865)

--Psychotherapy and confidentiality (doc. nos. 1893 & 1899)

--Definition of SMI (doc. no. 1720)

--Bibb segregation issues (doc. nos. 1748 & 1751)

--Preplacement screening, etc. (doc. nos. 1798, 1810, 1811, & 1815)

--Removing SMIs from segregation (doc. nos. 1855 & 1861)

--Confidentiality (doc. nos. 1894 & 1900)

--Mental-health understaffing (doc. nos. 2283 & 2301)

3/2/20 at 10:00 a.m. (Stayed until December 13, 2019)

The parties are to file a joint statement of ALL the orders, stipulations, and agreements (with document numbers cited) for which the court must make findings as to whether they comply with the PLRA.

2/7/20 (Stayed until December 13, 2019)

With citations to the record in support of their arguments, the plaintiffs are to file a prehearing brief as to why these orders, stipulations, and agreements comply with the PLRA.

2/12/20 (Stayed until December 13, 2019)

With citations to the record in support of their arguments, the defendants are to file a response as to why these orders, stipulations, and agreements do not comply with the PLRA.

2/18/20 (Stayed until December 13, 2019)

Pretrial conference on PLRA issue.

2/21/20 at 10:00 a.m. (Stayed until December 13, 2019)


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