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


Judge(s)

Capel, Wallace Jr. (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Geraghty, Sarah E. (Georgia)

Kung, Lisa L. (Georgia)

McKinney, Rebekah Keith (Alabama)

Velez, Melanie (Georgia)

Watson, Herman Jr. (Alabama)

Attorneys(s) for Defendant

Boyd, David R. (Alabama)

Calligas, Louis Michael (Alabama)

Harmon, Bart Gregory (Alabama)

Judge(s)

Capel, Wallace Jr. (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Geraghty, Sarah E. (Georgia)

Kung, Lisa L. (Georgia)

McKinney, Rebekah Keith (Alabama)

Velez, Melanie (Georgia)

Watson, Herman Jr. (Alabama)

Attorneys(s) for Defendant

Boyd, David R. (Alabama)

Calligas, Louis Michael (Alabama)

Harmon, Bart Gregory (Alabama)

Hill, Anne A. (Alabama)

Smith, John Garland (Alabama)

Thomas, Kim Tobias (Alabama)

Documents in the Clearinghouse

Document

Docket [PACER]

March 30, 2012 Docket

Press Release

No Court

Feb. 26, 2009 Press Release
1

Class Action Complaint

Feb. 26, 2009 Complaint
27

Order

April 8, 2009 Order/Opinion
52

Order

June 19, 2009 Order/Opinion
59

Consent Protective Order

July 8, 2009 Order/Opinion
56

Order

July 8, 2009 Order/Opinion
120

Order

April 13, 2010 Order/Opinion
143

Order

Sept. 16, 2010 Order/Opinion

Settlement Agreement

April 19, 2011 Settlement Agreement

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description 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

Feb. 26, 2009
2

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

Feb. 26, 2009
3

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

Feb. 26, 2009
4

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

Feb. 26, 2009
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
6

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

March 4, 2009
7

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

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, ) (Entered: 03/05/2009)

March 4, 2009

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

March 5, 2009
8

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

March 6, 2009
9

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

March 6, 2009
10

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

March 6, 2009
11

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

March 6, 2009
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
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
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
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
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

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

***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
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
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
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
21

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

March 18, 2009
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
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
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
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
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
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
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, ). (Entered: 04/09/2009)

April 9, 2009
29

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

April 9, 2009
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
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
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
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
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
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
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
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
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
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
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
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
43

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

May 7, 2009
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
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
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
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
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
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

***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

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
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
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
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
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
55

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

July 2, 2009
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
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
59

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

July 8, 2009
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
61

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

July 13, 2009
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
63

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

July 30, 2009

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
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
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
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
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

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
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
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
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
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
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
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
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
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
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
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
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

***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
80

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

Sept. 29, 2009

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
81

BRIEF/MEMORANDUM in Support of Motion for Class Certification filed by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit Expert Report, # 2 Exhibit Summary of Stabbings and Assaults, # 3 Exhibit Inmate Count Sheet, # 4 Exhibit Hetzel Deposition, # 5 Exhibit Gregory Wynn Deposition, # 6 Exhibit Billy Jessie Deposition, # 7 Exhibit Patrick Crowe Deposition, # 8 Exhibit Document Regarding Removal of Third Bunks, # 9 Exhibit Charles Malec Deposition, # 10 Exhibit Brandon Russell Deposition, # 11 Exhibit James Taylor Deposition, # 12 Exhibit Lt. Terry Raybon Deposition, # 13 Exhibit ADOC Staffing Study, # 14 Exhibit Officer Richard Cooper Deposition, # 15 Exhibit Incident Reports, # 16 Exhibit Larry W. Jones Deposition, # 17 Exhibit KeUndre Johnson Deposition, # 18 Exhibit Christopher Benjamin Deposition, # 19 Exhibit Michael Mays Deposition, # 20 Exhibit Sahking Burke Deposition, # 21 Exhibit Warden Edwards Deposition, # 22 Exhibit Letter to ADOC, # 23 Exhibit Photographs, # 24 Exhibit Medical Records, # 25 Affidavit John Hicks Declaration, # 26 Exhibit Jameth McDonald Deposition, # 27 Affidavit Christopher Benjamin Second Declaration, # 28 Affidavit Terrance Mosley Declaration, # 29 Exhibit Index)(Geraghty, Sarah) (Additional attachment(s) added on 10/27/2009: # 30 Redacted Exhibit Gregory Wynn Deposition, # 31 Redacted Exhibit Patrick Crowe Deposition, # 32 Redacted Exhibit Charles Malec Deposition, # 33 Redacted Exhibit Brandon Russell Deposition, # 36 Redacted Exhibit James Taylor Deposition, # 37 Redacted Exhibit Larry W. Jones Deposition, # 38 Redacted Exhibit Christopher Benjamin Deposition, # 39 Redacted Exhibit Michael Mays Deposition, # 40 Redacted Exhibit Sahking Burke Deposition) (djy, ). (Entered: 10/23/2009)

Oct. 23, 2009
82

MOTION File Exhibits Under Seal by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Text of Proposed Order)(Geraghty, Sarah) (Entered: 10/23/2009)

Oct. 23, 2009

MOTION for class certification by Gregory Wynn, James Taylor, Charles Malec. (NO PDF document attached−See Docket Entry 81 ). (djy, ) (Entered: 02/09/2010)

Oct. 23, 2009
83

ORDER granting 82 Motion to file under seal certain exhibits to plfs' supplemental brief in support of motion for class certification. Signed by Honorable William Keith Watkins on 10/29/09. (djy, ) (Entered: 10/29/2009)

Oct. 29, 2009
84

NOTICE by Gregory Wynn, James Taylor, Charles Malec of filing certain documents under seal in support of 81 BRIEF/MEMORANDUM in Support of motion for class certification pursuant to 83 court order (Attachments: # 1 SEALED Exhibit 2 part 1, # 2 SEALED Exhibit 2 part 2, # 3 SEALED Exhibit 3, # 4 SEALED Exhibit 8, # 5 SEALED Exhibit 13, # 6 SEALED Exhibit 16, # 7 SEALED Exhibit 24, # 8 SEALED Exhibit 25)(djy, ) (Entered: 11/03/2009)

Nov. 3, 2009
85

RESPONSE to Motion re 16 MOTION to Certify Class (Supplemental) filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Smith, John) (Entered: 11/06/2009)

Nov. 6, 2009
86

REPLY to Response to Motion re 16 MOTION to Certify Class filed by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Geraghty, Sarah) (Entered: 11/20/2009)

Nov. 20, 2009
87

MOTION File Exhibit Under Seal re 86 Reply to Response to Motion by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Text of Proposed Order)(Geraghty, Sarah) (Entered: 11/20/2009)

Nov. 20, 2009
88

ORDER granting 87 Motion to file under seal one exhibit. Signed by Honorable William Keith Watkins on 1/29/10. (scn) (Entered: 01/29/2010)

Jan. 29, 2010
89

NOTICE of filing documents under seal by Gregory Wynn, James Taylor, Charles Malec re 86 Reply to Response to Motion (Attachments: # 1 sealed documents not legible for scanning purposes available for viewing in the Clerk's office)(djy, ) (Entered: 02/03/2010)

Feb. 2, 2010
90

MOTION for Leave to File exhibit under seal by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Attachments: # 1 Text of Proposed Order)(djy, ) (Entered: 02/09/2010)

Feb. 9, 2010
91

ORDER directing as follows: (1)for administrative purposes, Plaintiffs' 81 Brief in Support of Motion for Class Certification, filed on October 23, 2009, is construed as containing a Motion for Class Certification; (2) the 16 Motion to Certify Class is DENIED as moot; (3) On or before 3/1/2010, Plfs are DIRECTED to submit paper courtesy copies of their briefs and exhibits submitted in support of class certification 81 &86 ; (4) On or before 3/1/2010, Defs are DIRECTED to submit paper courtesy copies of their briefs and exhibits submitted in opposition to class certification 85 , as further set out in order. Signed by Honorable William Keith Watkins on 2/9/10. (djy, ) (Entered: 02/09/2010)

Feb. 9, 2010
92

MOTION for Partial Summary Judgment on Failure to Protect Claim by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Brief, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Appendix)(Geraghty, Sarah) (Entered: 02/09/2010)

Feb. 9, 2010
93

MOTION for Summary Judgment by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Calligas, Louis) (Entered: 02/09/2010)

Feb. 9, 2010
94

BRIEF/MEMORANDUM in Support re 93 MOTION for Summary Judgment filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Calligas, Louis) (Entered: 02/09/2010)

Feb. 9, 2010

State / Territory: Alabama

Case Type(s):

Prison Conditions

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably 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:

Assault/abuse by residents/inmates/students

Personal injury

Recreation / Exercise

Rehabilitation

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Type of Facility:

Government-run