Case: Hicks v. Hetzel

2:09-cv-00155 | U.S. District Court for the Middle District of Alabama

Filed Date: Feb. 26, 2009

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On February 26, 2009, inmates at Donaldson Correctional Facility filed this class action lawsuit against Alabama Department of Corrections (ADOC) and relevant officials under 42. U.S.C. § 1983 in the U.S. District Court for the Middle District of Alabama. Represented by Southern Center for Human Rights (SCHR) and private counsel, the plaintiffs alleged that overcrowded facility resulted into serious physical violence and denial of plaintiff’s basic human needs. This, they alleged, violated the …

On February 26, 2009, inmates at Donaldson Correctional Facility filed this class action lawsuit against Alabama Department of Corrections (ADOC) and relevant officials under 42. U.S.C. § 1983 in the U.S. District Court for the Middle District of Alabama. Represented by Southern Center for Human Rights (SCHR) and private counsel, the plaintiffs alleged that overcrowded facility resulted into serious physical violence and denial of plaintiff’s basic human needs. This, they alleged, violated the Eight and Fourteenth Amendments. The plaintiffs sought declaratory, injunctive, monetary relief, as well as class action certification. The plaintiffs defined the class as “all persons who are now or will in the future be incarcerated at Donaldson Correctional Facility.”

This case was assigned to district Judge William Keith Watkins. After a year of engaging in discovery, the parties each moved for summary judgment in February 2010. Judge Watkins denied the motion for class certification without prejudice on September 16, 2010.

After a settlement conference on February 23, 2010, parties continued to engage in settlement negotiations and finally settled this case on April 19, 2011. The remedy included a payment of attorneys’ fees and costs of $66,860.10 to the plaintiffs’ counsel. The settlement agreement specifically required the ADOC officers to be physically present 24 hours per day in many of the prisons dorms and revise its use of force policy significantly. The ADOC agreed to end the practice of triple-bunking prisoners in cells built for two men and to solicit technical assistance from the National Institute of Corrections for help in reducing the presence of weapons and other contraband at Donaldson. The agreement required the ADOC to forward to SCHR documentation regarding violent incidents at Donaldson.

The court granted the parties’ joint motion to stay the case on April 20, 2011. The action was stayed for over a year to allow defendants to improve conditions at the prison. The plaintiffs did not file any motion to lift the stay. Judge Watkins dismissed this lawsuit without prejudice on March 30, 2012.

Summary Authors

Susie Choi (3/8/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18068570/parties/hicks-v-hetzel/


Judge(s)

Capel, Wallace Jr. (Alabama)

Attorney for Plaintiff

Geraghty, Sarah E. (Georgia)

Attorney for Defendant

Boyd, David R. (Alabama)

Calligas, Louis Michael (Alabama)

Harmon, Bart Gregory (Alabama)

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Documents in the Clearinghouse

Document

2:09-cv-00155

Docket [PACER]

March 30, 2012

March 30, 2012

Docket
1

2:09-cv-00155

Class Action Complaint

Feb. 26, 2009

Feb. 26, 2009

Complaint

2:09-cv-00155

Press Release

No Court

Feb. 26, 2009

Feb. 26, 2009

Press Release
27

2:09-cv-00155

Order

April 8, 2009

April 8, 2009

Order/Opinion
52

2:09-cv-00155

Order

June 19, 2009

June 19, 2009

Order/Opinion
56

2:09-cv-00155

Order

July 8, 2009

July 8, 2009

Order/Opinion
59

2:09-cv-00155

Consent Protective Order

July 8, 2009

July 8, 2009

Order/Opinion
120

2:09-cv-00155

Order

April 13, 2010

April 13, 2010

Order/Opinion
143

2:09-cv-00155

Order

Sept. 16, 2010

Sept. 16, 2010

Order/Opinion

2:09-cv-00155

Settlement Agreement

April 19, 2011

April 19, 2011

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18068570/hicks-v-hetzel/

Last updated April 6, 2025, 3:25 p.m.

ECF Number Description Date Link Date / Link
1

Inmate 1983 COMPLAINT against all defendants ( Filing fee $ 350.00 receipt number 4602009045.), filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 receipt)(vma, ) (Entered: 02/27/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER

DEMAND for Trial by Jury by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (No PDF attached; contained within doc. 1 )(vma, )

Feb. 26, 2009

Feb. 26, 2009

PACER
2

Summons Issued as to Gary Hetzel; summons and complaint returned to counsel for personal service.(vma, ) (Entered: 02/27/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
3

Summons Issued as to Richard Allen; summons and complaint returned to counsel for personal service. (vma, ) (Entered: 02/27/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
4

Summons Issued as to Bob Riley; summons and complaint returned to counsel for personal service. (vma, ) (Entered: 02/27/2009)

Feb. 26, 2009

Feb. 26, 2009

PACER
5

Case reassigned to Honorable William Keith Watkins. Honorable Truman M. Hobbs no longer assigned to the case as he was assigned under the assumption that this case would proceed in the manner of a pro se inmate case. These inmates are represented by counsel, therefore this case will proceed as any other civil case. (cc, ) (Entered: 02/27/2009)

Feb. 27, 2009

Feb. 27, 2009

PACER
6

Corporate/Conflict Disclosure Statement by Gary Hetzel. (Harmon, Bart) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
7

Corporate/Conflict Disclosure Statement by Richard Allen. (Harmon, Bart) (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER

***Attorney Bart Gregory Harmon for Gary Hetzel and Richard Allen added − per docs. 6 , 7 − Conflict Disclosure Statement. (No PDF attached)(vma, ) (Entered: 03/05/2009)

March 4, 2009

March 4, 2009

***Attorney Bart Gregory Harmon for Gary Hetzel and Richard Allen added - per docs. 6, 7 - Conflict Disclosure Statement. (No PDF attached)(vma, )

March 4, 2009

March 4, 2009

PACER

AO FORM 85 mailed to counsel for Gary Hetzel, Richard Allen (vma, ) (Entered: 03/05/2009)

March 5, 2009

March 5, 2009

AO FORM 85 mailed to counsel for Gary Hetzel, Richard Allen (vma, )

March 5, 2009

March 5, 2009

PACER
8

Corporate/Conflict Disclosure Statement by Gregory Wynn. (Geraghty, Sarah) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
9

Corporate/Conflict Disclosure Statement by Charles Malec. (Geraghty, Sarah) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
10

Corporate/Conflict Disclosure Statement by James Taylor. (Geraghty, Sarah) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
11

Corporate/Conflict Disclosure Statement by John Hicks. (Geraghty, Sarah) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
12

Motion to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602009199.) by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Cert/good standing (Velez), # 2 receipt, # 3 proposed order)(vma, ) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
13

Motion to Appear Pro Hac Vice ( Filing fee $ 350.00 receipt number 4602009200.) by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Cert/good standing/Kung, # 2 receipt, # 3 proposed order)(vma, ) (Entered: 03/06/2009)

March 6, 2009

March 6, 2009

PACER
14

ORDER granting 12 Motion for Leave for Melanie Velez to Appear Pro Hac Vice. Signed by Honorable William Keith Watkins on 3/11/09. (djy, ) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

PACER
15

ORDER granting 13 Motion for Leave for Lisa Kung to Appear Pro Hac Vice. Signed by Honorable William Keith Watkins on 3/11/09. (djy, ) (Entered: 03/11/2009)

March 11, 2009

March 11, 2009

PACER
16

MOTION to Certify Class by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Memorandum of Law in Support)(Geraghty, Sarah) (Entered: 03/12/2009)

March 12, 2009

March 12, 2009

PACER

BRIEF/MEMORANDUM in Support re 16 MOTION to Certify Class filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (NO PDF document

March 12, 2009

March 12, 2009

BRIEF/MEMORANDUM in Support re 16 MOTION to Certify Class filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (NO PDF document attached to this notice-See Docket Entry 16 ). (djy, )

March 12, 2009

March 12, 2009

PACER

***Attorney John Garland Smith for Gary Hetzel, Richard Allen and Bob Riley added − per doc. 17 − notice of appearance. (No PDF attached) (vma, ) (Entered: 03/16/2009)

March 13, 2009

March 13, 2009

17

NOTICE of Appearance by David R. Boyd on behalf of all defendants (Boyd, David) (Entered: 03/13/2009)

March 13, 2009

March 13, 2009

PACER

***Attorney John Garland Smith for Gary Hetzel, Richard Allen and Bob Riley added - per doc. 17 - notice of appearance. (No PDF attached) (vma, )

March 13, 2009

March 13, 2009

PACER
18

SUMMONS Returned Executed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. Richard Allen served on 2/26/2009, answer due 3/18/2009. (vma, ) (Entered: 03/16/2009)

March 16, 2009

March 16, 2009

PACER
19

SUMMONS Returned Executed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. Gary Hetzel served on 3/10/2009, answer due 3/30/2009. (vma, ) (Entered: 03/16/2009)

March 16, 2009

March 16, 2009

PACER
20

SUMMONS Returned Executed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. Bob Riley served on 2/26/2009, answer due 3/18/2009. (vma, ) (Entered: 03/16/2009)

March 16, 2009

March 16, 2009

PACER
21

Corporate/Conflict Disclosure Statement by Bob Riley. (Smith, John) (Entered: 03/18/2009)

March 18, 2009

March 18, 2009

PACER
22

Answer of Defendants to Special Report to Inmate 1983 Complaint by Gary Hetzel, Richard Allen, Bob Riley.(Smith, John) (Entered: 03/18/2009)

March 18, 2009

March 18, 2009

PACER
23

MOTION to Expedite Discovery by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Exhibit photographs, # 2 Affidavit Declaration of Steve J. Martin, # 3 Affidavit Declaration of Captain Lloyd Wallace, President, ACO, # 4 Exhibit Plaintiffs' Notice of Inspection and Entry, # 5 Exhibit Plaintiffs' Request for Production, # 6 Exhibit Plaintiffs' Index of Exhibits in Support of Motion, # 7 Text of Proposed Order Proposed Order)(Geraghty, Sarah) Modified on 5/7/2009 - to show that Exhibit 1 photographs are filed under seal - see doc. 28 (vma, ). (Entered: 04/03/2009)

April 3, 2009

April 3, 2009

PACER
24

ORDER TO SHOW CAUSE that Defendants shall show cause why the 23 Motion to Expedite Discovery filed by John Hicks, Gregory Wynn, James Taylor, Charles Malec should not be granted. Show Cause Response due by 4/16/2009. Signed by Honorable Wallace Capel, Jr on 4/6/09. (vma, ) (Entered: 04/06/2009)

April 6, 2009

April 6, 2009

PACER
25

MOTION File Under Seal Photographs in Support of Motion for Expedited Discovery re 23 MOTION to Expedite Discovery by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Text of Proposed Order)(Geraghty, Sarah) (Entered: 04/06/2009)

April 6, 2009

April 6, 2009

PACER
26

ORDER granting 25 Motion to file under seal photographs in Support of Motion for expedited discovery. Signed by Honorable Wallace Capel, Jr on 4/6/09. (vma, ) (Entered: 04/06/2009)

April 6, 2009

April 6, 2009

PACER
27

ORDER re 16 MOTION to Certify Class filed by John Hicks, Gregory Wynn, James Taylor, Charles Malec; Response to Motion due by 4/22/2009. Signed by Honorable William Keith Watkins on 4/8/09. (vma, ) (Entered: 04/08/2009)

April 8, 2009

April 8, 2009

PACER
28

NOTICE OF FILING DOCUMENTS UNDER SEAL by Gregory Wynn, John Hicks, James Taylor, Charles Malec re 26 Order - (documents sealed are photos - which are filed conventionally for viewing in Clerk's office) (Attachments: # 1 Re: Exhibits - (Photos))(vma, ) (Additional attachment(s) added on 4/13/2009: # 2 main doc. #2) (vma, ). (Attachment 1 replaced on 12/11/2020) (djy, ). (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

PACER
29

NOTICE of Appearance by Louis Michael Calligas on behalf of all defendants (Calligas, Louis) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

PACER
30

NOTICE of Correction attaching corrected PDF (w/corrected signatures) re 28 Notice of Filing Documents under seal (Attachments: # 1 corrected PDF)(vma, ) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

PACER
31

ORDER that the Rule 26(f) report containing the discovery plan shall be filed fourteen days after Judge Capel rules on Plaintiffs' Motion to Expedite discovery (see docs. # 23 - 24 ). Signed by Honorable William Keith Watkins on 4/13/09. (vma, ) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

PACER
32

NOTICE by Gregory Wynn, John Hicks, James Taylor, Charles Malec re 23 MOTION to Expedite Discovery (Attachments: # 1 Affidavit of Sahking Burke, # 2 Affidavit of Michael Mays, # 3 Affidavit of Daniel Thomas, # 4 Affidavit of Brandon Russell, # 5 Affidavit Coy Crowe, # 6 Affidavit of Charles Malec)(Geraghty, Sarah) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

PACER
33

RESPONSE in Opposition re 23 MOTION to Expedite Discovery and Entry Upon Land for Inspection and Other Purposes filed by Gary Hetzel, Richard Allen, Bob Riley. (Attachments: # 1 Exhibit A)(Smith, John) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

PACER
34

MOTION to Strike 23 MOTION to Expedite Discovery Ex. 3 - Declaration of President of ACO by Gary Hetzel, Richard Allen, Bob Riley. (Attachments: # 1 Exhibit "A")(Smith, John) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

PACER
35

REPLY to Response to Motion re 23 MOTION to Expedite Discovery filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Affidavit of Billy Jessie, # 2 Exhibit ADOC Monthly Statistical Report, Feb. 2009 and December 2007, # 3 Exhibit ADOC Monthly Statistical Report, Jan. 2009)(Geraghty, Sarah) (Entered: 04/17/2009)

April 17, 2009

April 17, 2009

PACER
36

MOTION for Protective Order and/or Discovery Management Plan by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 04/21/2009)

April 21, 2009

April 21, 2009

PACER
37

MOTION to Take Deposition from Plaintiffs Hicks, Taylor, Malec and Wynn (Motion for Leave to Take Plaintiffs' Depositions) by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 04/21/2009)

April 21, 2009

April 21, 2009

PACER
38

MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Certify Class by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 04/21/2009)

April 21, 2009

April 21, 2009

PACER
39

RESPONSE in Opposition re 34 MOTION to Strike 23 MOTION to Expedite Discovery Ex. 3 - Declaration of President of ACO filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 04/21/2009)

April 21, 2009

April 21, 2009

PACER
40

RESPONSE in Opposition re 38 MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Certify Class filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 04/21/2009)

April 21, 2009

April 21, 2009

PACER
41

RESPONSE in Opposition re 16 MOTION to Certify Class filed by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 04/22/2009)

April 22, 2009

April 22, 2009

PACER
42

ORDER denying 23 Motion to Expedite; Pursuant to the Court's Order of 4/13/09 (doc. 31 ), the Rule 26(f) report will be due on or before fourteen days after the date of this Order as further set out in order. Signed by Honorable Wallace Capel, Jr on 4/23/09. (vma, ) (Entered: 04/23/2009)

April 23, 2009

April 23, 2009

RECAP
43

REPORT of Rule 26(f) Planning Meeting. (Geraghty, Sarah) (Entered: 05/07/2009)

May 7, 2009

May 7, 2009

PACER
44

MOTION for Permission to File by May 26, 2009 a Reply in Support of Plaintiffs' Motion for Class Certification (Doc. No. 16 ) and a Response to Defendants' Motion for Protective Order (Doc. No. 36 ) re 16 MOTION to Certify Class by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 05/11/2009)

May 11, 2009

May 11, 2009

PACER
45

RESPONSE in Opposition re 23 MOTION to Expedite Discovery [Doc 23-4] Notice of Entry Upon Land for Inspection and Other Purposes filed by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 05/15/2009)

May 15, 2009

May 15, 2009

PACER
46

RESPONSE to Motion re 44 MOTION for Permission to File by May 26, 2009 a Reply in Support of Plaintiffs' Motion for Class Certification (Doc. No. 16 ) and a Response to Defendants' Motion for Protective Order (Doc. No. 36 ) re 16 MOTION to Certify Class MOTION for Permission to File by May 26, 2009 a Reply in Support of Plaintiffs' Motion for Class Certification (Doc. No. 16 ) and a Response to Defendants' Motion for Protective Order (Doc. No. 36 ) re 16 MOTION to Certify Class filed by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 05/19/2009)

May 19, 2009

May 19, 2009

PACER
47

ORDER 1) denying as moot 34 Motion to strike Declaration of President of Alabama Correctional Organization as further set out in order; 2) Granting 37 MOTION to Take Deposition as further set out; 3) Granting MOTION for Extension of Time to File Response as to 16 MOTION to Certify Class and the deadline for dfts to file a supplemental response to Plaintiffs' Motion for Class Certification is extended to and including 6/9/09; 4) Granted 44 MOTION for Permission to File a Reply in support of their Motion for class certification, and plaintiffs may file on or before 6/16/09; 5) Plaintiffs' motion for permission to file a response to defendants' Motion for Protective Order (doc. 44 ) is granted in that Plaintiffs are directed to file a response to dfts' Motion for Protective Order and/or Discovery Management Plan (doc. 36 ) on or before 5/26/09; Setting an on-the-record planning and Status Conference for 6/18/2009 01:30 PM in Courtroom 2E before Honorable William Keith Watkins; The Clerk of the Court is directed to provide a court reporter for the conference. Signed by Honorable William Keith Watkins on 5/20/09. (furn: yg hc ar)(vma, ) (Entered: 05/20/2009)

May 20, 2009

May 20, 2009

PACER
48

RESPONSE in Opposition re 36 MOTION for Protective Order and/or Discovery Management Plan filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Affidavit of Larry Wayne Jones, # 2 Affidavit of Jameth McDonald, # 3 Affidavit of Christopher Benjamin, # 4 Affidavit of KeUndre Johnson, # 5 Exhibit Defendants' Response to Plaintiffs' Request for Production)(Geraghty, Sarah) (Entered: 05/26/2009)

May 26, 2009

May 26, 2009

PACER
49

MOTION for Extension of Deadline To Supplement Response in Opposition to Motion for Class Certification re 41 Response in Opposition to Motion by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 05/29/2009)

May 29, 2009

May 29, 2009

PACER

***Attorney Herman Austin Watson, Jr for Gregory Wynn, John Hicks, James Taylor and Charles Malec added − per doc. 50 . (No PDF attached)(vma, ) (Entered: 06/18/2009)

June 17, 2009

June 17, 2009

50

NOTICE of Appearance by Herman Watson, Jr. and Rebekah Keith McKinney on behalf of Gregory Wynn, John Hicks, James Taylor, Charles Malec (McKinney, Rebekah) Modified on 6/18/2009 - to add Herman Watson to docket entry(vma, ). (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

PACER

***Attorney Herman Austin Watson, Jr for Gregory Wynn, John Hicks, James Taylor and Charles Malec added - per doc. 50 . (No PDF attached)(vma, )

June 17, 2009

June 17, 2009

PACER

NOTICE of Docket Text Correction re 50 Notice of Appearance − Modified on 6/18/2009 − to add Herman Watson to docket entry and also added attorney to docket for the plaintiffs.(No PDF attached to this notice)(vma, ) (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

NOTICE of Docket Text Correction re 50 Notice of Appearance - Modified on 6/18/2009 - to add Herman Watson to docket entry and also added attorney to docket for the plaintiffs.(No PDF attached to this notice)(vma, )

June 18, 2009

June 18, 2009

PACER
51

Minute Entry for STATUS CONFERENCE held 6/18/09 before Judge William Keith Watkins (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ajr, ) (Entered: 06/18/2009)

June 18, 2009

June 18, 2009

PACER
52

ORDER directing as follows: (1) defs' 36 MOTION for Protective Order and/or Discovery Management Plan is DENIED to the extent that defs seek bifurcated discovery on the issue of class certification; (2) to permit the parties to reevaluate their Rule 26(f) report in light of the court's ruling denying bifurcated discovery, it is ORDERED that the parties file an Amended Rule 26(f) report on ofr before 7/2/2009; (3) defs' unopposed 49 MOTION to extend deadline to supplement response in opposition to motion for class certification is GRANTED, as further set out in order. Signed by Honorable William Keith Watkins on 6/19/09. (djy, ) (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

PACER
53

MOTION to Dismiss Plaintiff John Hicks by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

PACER
54

NOTICE of Appearance by Anne C Adams on behalf of Gary Hetzel, Richard Allen, Bob Riley (Adams, Anne) (Entered: 06/23/2009)

June 23, 2009

June 23, 2009

PACER
55

REPORT of Rule 26(f) Planning Meeting. (Calligas, Louis) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

PACER
56

ORDER granting 53 Motion to Dismiss Plaintiff John Hicks and that Mr. Hicks is dropped as a plf in this litigation. Signed by Honorable William Keith Watkins on 7/8/2009. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

PACER
57

MOTION Adopt Class Certification Briefing Schedule Set Forth in Para. 3C of Amended Rule 26 Report re 55 Report of Rule 26(f) Planning Meeting by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit Decl. of Steve Martin)(Geraghty, Sarah) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

PACER
58

Joint MOTION for Protective Order by Gary Hetzel, Richard Allen, Bob Riley. (Attachments: # 1 Exhibit A)(Calligas, Louis) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

PACER
59

CONSENT PROTECTIVE ORDER. Signed by Honorable Wallace Capel, Jr on 7/9/2009. (cc, ) (Entered: 07/09/2009)

July 8, 2009

July 8, 2009

PACER
60

Joint MOTION for Order Qualified HIPAA Protective Order by Gary Hetzel, Richard Allen, Bob Riley. (Attachments: # 1 Exhibit A)(Calligas, Louis) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
61

QUALIFIED HIPAA PROTECTIVE ORDER. Signed by Honorable Wallace Capel, Jr on 7/13/09. (djy, ) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
62

RESPONSE in Opposition re 57 MOTION Adopt Class Certification Briefing Schedule Set Forth in Para. 3C of Amended Rule 26 Report re 55 Report of Rule 26(f) Planning Meeting MOTION Adopt Class Certification Briefing Schedule Set Forth in Para. 3C of Amended Rule 26 Report re 55 Report of Rule 26(f) Planning Meeting filed by Gary Hetzel, Richard Allen, Bob Riley. (Calligas, Louis) (Entered: 07/14/2009)

July 14, 2009

July 14, 2009

PACER

BRIEF/MEMORANDUM in Support re 63 MOTION to Compel filed by Gregory Wynn, James Taylor, Charles Malec. (No PDF document attached to this notice−See Docket Entry 63 ). (djy, ) (Entered: 07/31/2009)

July 30, 2009

July 30, 2009

63

MOTION to Compel by Gregory Wynn, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER

BRIEF/MEMORANDUM in Support re 63 MOTION to Compel filed by Gregory Wynn, James Taylor, Charles Malec. (No PDF document attached to this notice-See Docket Entry 63 ). (djy, )

July 30, 2009

July 30, 2009

PACER
64

SCHEDULING ORDER (MODIFIED) setting Pretrial Conference set for 5/10/2010 before Honorable William Keith Watkins, in the FMJUSC, Montgomery, AL; Jury Trial set for 6/7/2010 before Honorable William Keith Watkins, in Montgomery, AL; setting Amended Pleadings due for plfs by 9/15/09 and due for defs by 9/30/2009; setting Discovery due by 2/9/2010; setting dispositive Motions due by 2/9/2010; setting Mediation Notice due by 3/7/2010, as further set out in order. Signed by Honorable William Keith Watkins on 7/31/09. Furnished to YG, HC & AR.(djy, ) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
65

ORDER denying as moot 57 Motion to adopt class certification briefing schedule, as further set out in order. Signed by Honorable William Keith Watkins on 7/31/09. (djy, ) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
66

ORDER directing the parties file a corrected amended Rule 26(f) report that contains the omitted text, as further set out in order; Rule 26 Meeting Report due by 8/7/2009. Signed by Honorable William Keith Watkins on 7/31/09. (djy, ) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
67

AMENDED REPORT of Rule 26(f) Planning Meeting. (Calligas, Louis) Modified on 8/3/2009 to reflect that this is an AMENDED REPORT (QC/djy, ). (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER

NOTICE of Docket Text Correction re 67 Report of Rule 26(f) Planning Meeting to add text to reflect that the document is an AMENDED Report (NO PDF document attached to this notice). (djy, ) (Entered: 08/03/2009)

Aug. 3, 2009

Aug. 3, 2009

NOTICE of Docket Text Correction re 67 Report of Rule 26(f) Planning Meeting to add text to reflect that the document is an AMENDED Report (NO PDF document attached to this notice). (djy, )

Aug. 3, 2009

Aug. 3, 2009

PACER
68

ORDER, upon consideration of plfs' 63 motion to compel, directing that the parties shall conduct a face to face meeting on or before 8/18/09 in an attempt to resolve the issue; On or before 8/25/09, the parties shall file joint report informing the Court as to the result of the meeting, as further set out in order. Signed by Honorable Wallace Capel, Jr on 8/4/09. (djy, ) (Entered: 08/04/2009)

Aug. 4, 2009

Aug. 4, 2009

PACER
69

MOTION for Extension of Deadline to file Expert Report re 64 Scheduling Order,, by Gregory Wynn, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

PACER
70

ORDER granting 69 Motion for Extension of Deadline; extending the deadline for plfs to file the report of their expert, Steve J. Martin from 9/21/2009 to and including 9/28/2009. Signed by Honorable William Keith Watkins on 8/17/09. (djy, ) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

PACER
71

MOTION for Extension of Deadline re 64 Scheduling Order,, by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 08/20/2009)

Aug. 20, 2009

Aug. 20, 2009

PACER
72

MOTION to Take Deposition (Motion for Leave to Take Plaintiffs' Depositions) by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 08/21/2009)

Aug. 21, 2009

Aug. 21, 2009

PACER
73

STATUS REPORT re: Resolution of Plaintiffs' Motion to Compel [Doc #63] by Gregory Wynn, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
74

ORDER granting 71 Motion for Extension of time; the deadline established in the 64 scheduling order pertaining to expert witness disclosures is extended from 10/9/09 to and including 10/16/09. Signed by Honorable William Keith Watkins on 8/26/09. (djy, ) (Entered: 08/26/2009)

Aug. 26, 2009

Aug. 26, 2009

PACER
75

ORDER denying as moot 63 Motion to Compel. Signed by Honorable Wallace Capel, Jr on 9/2/09. (djy, ) (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

PACER
76

ORDER granting 72 Motion to Take Deposition of plaintiffs. Signed by Honorable Wallace Capel, Jr on 9/2/09. (djy, ) (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

PACER
77

First MOTION to Amend/Correct Complaint to Add Defendants by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Geraghty, Sarah) (Entered: 09/15/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
78

ORDER granting 77 Motion for leave to amend; directing plfs to file an exact duplicate of the amended complaint, attached to the motion as Exhibit 1 on or before 9/22/2009. Signed by Honorable William Keith Watkins on 9/18/09. (djy, ) (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER

***Attorney David R. Boyd John Garland Smith Louis Michael Calligas, Kim Tobias Thomas, Bart Gregory Harmon and, Anne C Adams for George Edwards and Christopher Gordy added pursuant to 79 answer (NO PDF document attached to this notice). (djy, ) (Entered: 09/29/2009)

Sept. 28, 2009

Sept. 28, 2009

79

Defendants ANSWER to Complaint (AMENDED) by Gary Hetzel, Richard Allen, Bob Riley.(Smith, John) Modified on 9/29/2009 to reflect as answer to 80 amended complaint and also filed on behalf of added defendants George Edwards & Chrisopher Gordy (qc/djy, ). (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER

***Attorney David R. Boyd John Garland Smith Louis Michael Calligas, Kim Tobias Thomas, Bart Gregory Harmon and, Anne C Adams for George Edwards and Christopher Gordy added pursuant to 79 answer (NO PDF document attached to this notice). (djy, )

Sept. 28, 2009

Sept. 28, 2009

PACER

NOTICE of Docket Text Correction re 79 Answer to Complaint to reflect as answer to 80 amended complaint and to reflect as also filed on behalf of added defendants George Edwards &Chrisopher Gordy (NO PDF document attached to this notice). (djy, ) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

80

AMENDED COMPLAINT against all defendants, filed by Gregory Wynn, James Taylor, Charles Malec.(Geraghty, Sarah) (Entered: 09/29/2009)

Sept. 29, 2009

Sept. 29, 2009

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 26, 2009

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

4 men incarcerated at William E. Donaldson Correctional Facility filing on behalf of themselves and similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Alabama Department of Corrections, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 66,860.10

Order Duration: 2011 - 2012

Issues

General/Misc.:

Personal injury

Rehabilitation

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Crowding (General)

Recreation / Exercise