Case: Henderson v. Thomas

2:11-cv-00224 | U.S. District Court for the Middle District of Alabama

Filed Date: March 28, 2011

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On March 28, 2011, a class of HIV-positive men and women imprisoned by the Alabama Department of Corrections (ADOC) filed this lawsuit in the United States District Court for the Middle District of Alabama, under the American with Disabilities Act of 1990 and the Rehabilitation Act. The plaintiffs, represented by the ACLU of Alabama, the national ACLU, the ACLU AIDS Project, and the ACLU National Prison Project, sought declaratory and injunctive relief and class certification.The plaintiffs all…

On March 28, 2011, a class of HIV-positive men and women imprisoned by the Alabama Department of Corrections (ADOC) filed this lawsuit in the United States District Court for the Middle District of Alabama, under the American with Disabilities Act of 1990 and the Rehabilitation Act. The plaintiffs, represented by the ACLU of Alabama, the national ACLU, the ACLU AIDS Project, and the ACLU National Prison Project, sought declaratory and injunctive relief and class certification.

The plaintiffs alleged that the ADOC's policy of segregating HIV-positive prisoners from the rest of the general population violated the ADA. Specifically, they alleged that the ADOC did not provide those prisoners with equal treatment because they excluded them from certain housing units, substance abuse programs, jobs, certain medical treatment, and work release. Additionally, the plaintiffs challenged the ADOC policy of publicizing the prisoners' HIV-positive status by requiring them to wear white armbands, stigmatizing those with HIV.

On August 30, 2012, the District Court (Judge Myron H. Thompson) approved the plaintiff's motion to certify the class, finding that the requirements for class certification had been met (289 F.R.D. 506). The class definition was "all present and future and future HIV positive inmates incarcerated in ADOC prisons."

On September 5, 2012, Judge Thompson denied the defendant's motion to dismiss for failure to state a claim upon which relief can be granted. In this ruling, Judge Thompson found that the plaintiffs "plausibly alleged" that the prisoners' HIV status qualified as an impairment that substantially limited a major life ability, as required under the definition of disability under the ADA, because the immune system of the person diagnosed was impaired. He also found that the claim under the Rehabilitation Act was sufficient because HIV did not fall under the Act's contagious disease exception. Judge Thompson also held that the plaintiffs did not need to exhaust their administrative remedies, as required under the Prison Litigation Reform Act, because the prison did not provide appropriate forms for the prisoners to use to file administrative grievances. Finally, he held that sovereign immunity did not apply, and thus the ADOC could be sued. 891 F. Supp. 2d 1296.

On December 21, 2012, Judge Thompson held that the policies of the ADOC did violate the ADA and the Rehabilitation Act. After finding that the plaintiffs had standing to sue and that their claims were not moot, Judge Thompson held that the blanket policy of segregation violated the two acts and that housing HIV-positive inmates at other facilities would not pose an undue burden on the state. The court did not address the allegations regarding the work release policy. 2012 WL 6681773.

On August 1, 2013, the parties reached a preliminary settlement. On August 6, the court preliminarily approved the proposed settlement agreement. Under the terms of the detailed agreement, the defendant agreed to the following: discontinuation of separate HIV housing and isolation at intake; revision of all HIV-specific policies and protocols; maintenance of an Acute Care Unit for inmate care; implementation of a detailed procedure before any HIV-positive inmate is transferred to defendant's facilities; adoption of new hiring and reporting requirements; and payment of $1.3 million in attorneys fees.

A consent decree entering the final approval of the parties' settlement was issued on September 30, 2013, and the court retained jurisdiction over the case. This primary agreement covered 14 of the 29 facilities in the state, and was developed in addition to a private agreement on the other 15 facilities. Both settlements had June 30, 2015 as expiration date (the private agreement followed the date set for the primary agreement).

On December 08, 2015, the defendants were ordered to pay $ 99,000.00 in additional attorney’s fees, regarding the work done since the entry of the consent decree.

After the payment of the additional fees, the case was dismissed in its entirety with prejudice on January 8, 2016. On April 8, 2016, a motion to reopen the case was denied, and Judge Thompson reiterated that this litigation was over.

The case is closed.

Summary Authors

Jonathan Forman (7/5/2013)

Priyah Kaul (11/18/2014)

Marcella Pereira Ferraro (5/17/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5513894/parties/henderson-v-dunn/


Judge(s)

Capel, Wallace Jr. (Alabama)

Henderson, Thelton Eugene (California)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Eber, Gabriel B. (District of Columbia)

Goad, Amanda C. (New York)

Marshall, Randall C. (Alabama)

Neal, Allison Eichenfeld (Alabama)

Saxe, Rose A. (New York)

Segall, Robert D. (Alabama)

Shapiro, David M. (District of Columbia)

Judge(s)

Capel, Wallace Jr. (Alabama)

Henderson, Thelton Eugene (California)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Eber, Gabriel B. (District of Columbia)

Goad, Amanda C. (New York)

Marshall, Randall C. (Alabama)

Neal, Allison Eichenfeld (Alabama)

Saxe, Rose A. (New York)

Segall, Robert D. (Alabama)

Shapiro, David M. (District of Columbia)

Takei, Carl (District of Columbia)

Wedekind, Jennifer A. (District of Columbia)

Winter, Margaret (District of Columbia)

Attorneys(s) for Defendant

Block, David B. (Alabama)

Greggs, Mitchell D. (Alabama)

Hill, Anne A. (Alabama)

Lunsford, William R. (Alabama)

McKinnon, Janine A. (Alabama)

Rouse, Scott Lee (Alabama)

Sees, Elizabeth A. (Alabama)

Shah, Mitesh (Alabama)

Documents in the Clearinghouse

Document

Docket [PACER]

April 8, 2016 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief

March 28, 2011 Complaint
31

First Amended Class Action Complaint for Declaratory and Injunctive Relief

May 11, 2011 Complaint
61

Second Amended Class Action Complaint for Declaratory and Injunctive Relief

Sept. 29, 2011 Complaint
188

Opinion and Order

289 F.R.D. 506, 2012 WL 3777146

Aug. 30, 2012 Order/Opinion
201

Motion to Appeal Magistrate Judge's Order

Sept. 5, 2012 Pleading / Motion / Brief
199

Opinion and Order

891 F.Supp.2d 1296, 2012 WL 3846439

Sept. 5, 2012 Order/Opinion
205

Urgent Motion for Ruling from District Judge Myron H. Thompson on Plaintiffs’ Appeal of Magistrate Judge’s Order (DOC. NO. 201)

Sept. 6, 2012 Pleading / Motion / Brief
221

Plaintiffs’ Objections to Defendants’ Witness and Exhibit List

Sept. 11, 2012 Pleading / Motion / Brief
223

Order

Sept. 14, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5513894/henderson-v-dunn/

Last updated May 20, 2022, 2:50 a.m.

ECF Number Description Date Link
53

ORDERED that defendant Robert Bentley is dismissed as a party without prejudice. Signed by Honorable Judge Myron H. Thompson on 9/19/2011. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

1 Civil Appeals Checklist

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Sept. 19, 2011 RECAP
1

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas (Filing fee $ 350.00 receipt number 4602017920.), filed by John Hicks, Dana Harley, Louis Henderson, Roosevelt James, Darrell Robinson, Ashley Dotson, April Stagner, Dwight Smith, Melinda Washington, Albert Knox. (Attachments: # 1 Receipt) (wcl, ) (Entered: 03/30/2011)

March 28, 2011
2

MOTION for Class Certification by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Proposed Order)(wcl, ) (Entered: 03/30/2011)

March 28, 2011
66

ORDERED that: (1) The dfts' 55 Motion for Extension of Deadline for the Rule 26(f) Report is granted; (2) The Rule 26(f) discovery plan shall be filed as soon as practicable but not later than 10/17/2011; (3) The plfs' 60 Motion for Lea ve to File Second Amended Complaint is granted, as further set out in order; (4) Any response to the 61 Second Amended Complaint is due on 10/17/2011, as further set out in order; (5) Finally, the dfts are allowed until 10/17/2011, to file any stat ement as to how the addition of the three plfs will affect, if at all, class certification. Signed by Honorable Judge Myron H. Thompson on 10/3/2011. (wcl, ) (Main Document 66 replaced on 10/3/2011 to attach the correct PDF document due to a clerical error) (wcl, ). Modified on 10/3/2011 (wcl, ).

Oct. 3, 2011 RECAP
3

MEMORANDUM of Law in Support of 2 MOTION for Class Certification filed by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (wcl, ) (Entered: 03/30/2011)

March 28, 2011
188

MEMORANDUM OPINION AND ORDER directing that (1) plaintiffs' 2 MOTION for class certification is GRANTED; (2) a plaintiff class is certified as consisting of all present and future prisoners diagnosed with HIV in the custody of the Alabama D epartment of Corrections; (3) the class representatives are Louis Henderson, Dana Harley, Darrell Robinson, Dwight Smith, Albert Knox, James Douglas, Alqadeer Hamlet, and Jeffery Beyer. Signed by Honorable Judge Myron H. Thompson on 8/30/12. (Attachments: # 1 civil appeals checklist)(djy, )

1 civil appeals checklist

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Aug. 30, 2012 RECAP
4

Motion for Admission of Margaret Winter as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602017924.) by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Receipt) (wcl, ) (Entered: 03/30/2011)

March 28, 2011
199

OPINION AND ORDER that the dfts' 34 MOTION to Dismiss is denied with the understanding that the court will address the res judicata issue after the bench trial. Signed by Honorable Judge Myron H. Thompson on 9/5/2012. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

1 Civil Appeals Checklist

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Sept. 5, 2012 RECAP
5

Motion for Admission of Carl Takei as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602017924.) by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Receipt) (wcl, ) (Entered: 03/30/2011)

March 28, 2011
248

NOTICE TO COUNSEL, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 11/21/2012. (wcl, )

Nov. 21, 2012 RECAP
249

OPINION. Signed by Honorable Judge Myron H. Thompson on 12/21/12. (djy, )

Dec. 21, 2012 RECAP
6

Summons Issued as to Robert Bentley, Kim Thomas, Billy Mitchem, Frank Albright, Bettina Carter, Edward Ellington and mailed CMRRR with copy of Complaint, Motions 2 , 4 , & 5 , and 3 Memorandum. (wcl, ) (Entered: 03/30/2011)

March 30, 2011
250

JUDGMENT, in accordance with the 249 opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) judgment is entered in favor the plaintiffs and against the defendants; (2) it is DECLARED that, with the exception of the Alabama Department of Corrections' work-release policy, its segregation policy with regard to HIV-positive prisoners violates Title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., and 504 of the Rehabilitation Act, 2 9 U.S.C. 794; (3) the parties will be given a reasonable opportunity, jointly or separately, to propose relief to the court; (4) by a later separate order, the court will address the unresolved challenge to the work-release policy. Signed by Honorable Judge Myron H. Thompson on 12/21/12. (Attachments: # 1 civil appeals checklist)(djy, )

1 civil appeals checklist

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Dec. 21, 2012 RECAP
7

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Louis Henderson, Dana Harley, Darrell Robinson, Dwight Smith, Albert Knox, Roosevelt James, John Hicks, April Stagner, Ashley Dotson, Melinda Washington; Corporate Disclosures due by 4/11/2011. (Attachments: # 1 Corporate/Conflict Attachment)(wcl, ) (Entered: 03/30/2011)

March 30, 2011
287

ORDER granting 284 Joint MOTION for Preliminary Approval; that the proposed Settlement Agreement attached hereto as Exhibits A-1 and A-2 is PRELIMINARILY APPROVED, as further set out in order; The Court will hold Fairness Hearings at Tutwiler Priso n for Women, Wetumpka, Alabama, at 10:00 AM on 9/24/2013 and at Limestone Correctional Facility, Harvest, Alabama, at 11:00 AM on 9/26/2013 before Honorable Judge Myron H. Thompson, as further set out in order. Signed by Honorable Judge Myron H. Tho mpson on 8/6/2013. (Attachments: # 1 Exhibit A-1 (Settlement Agreement), # 2 Exhibit A-2 (Private Agreement), # 3 Exhibit B (Notice of Proposed Settlement Agreement inc Class Action Lawsuit), # 4 Exhibit C (Objection/Comment on Proposed Settlement Agreement)) (wcl, )

1 Exhibit A-1 (Settlement Agreement)

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2 Exhibit A-2 (Private Agreement)

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3 Exhibit B (Notice of Proposed Settlement Agreement inc Class Action Lawsuit)

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4 Exhibit C (Objection/Comment on Proposed Settlement Agreement)

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Aug. 6, 2013 RECAP
8

ORDER granting 4 and 5 Motions for Admission Pro Hac Vice. Signed by Honorable Myron H. Thompson on 3/31/2011. (wcl, ) (Entered: 03/31/2011)

March 31, 2011
9

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by C. Thornton for Edward Ellington served on 3/31/2011, answer due 4/21/2011. (wcl, ) (Entered: 04/04/2011)

April 4, 2011
305

OPINION. Signed by Honorable Judge Myron H. Thompson on 9/30/13. (djy, )

Sept. 30, 2013 RECAP
10

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by illegible for Robert Bentley served on 3/29/2011, answer due 4/19/2011. (wcl, ) (Entered: 04/04/2011)

April 4, 2011
306

STIPULATED ORDER, on the Joint Motion for Approval of the Parties' settlement agreement and entry of stipulated order for the reasons set forth in the Opinion accompanying this order, ORDERING and ADJUDGING, as further set out in order; further ORDERING that all outstanding motions are denied as moot; directing the clerk to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 9/30/13. (Attachments: # 1 civil appeals checklist)(djy, )

1 civil appeals checklist

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Sept. 30, 2013 RECAP
11

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by Susie Mims for Frank Albright served on 4/1/2011, answer due 4/22/2011. (wcl, ) (Entered: 04/04/2011)

April 4, 2011
347

ORDER that Plaintiffs' 346 Amended Motion for Attorneys' Fees is granted as follows: Defendants shall pay Plaintiffs counsel ninety-nine thousand dollars and no cents ($ 99,000.00) in full satisfaction of any claim for attorneys fees , expenses, and costs within thirty (30) days of this Order. The other 334 Motion for Attorneys Fees is denied as moot. Upon notification that payment has been made, the Court will dismiss this action with prejudice. Signed by Honorable Judge Myron H. Thompson on 12/8/2015. (dmn, )

Dec. 8, 2015 RECAP
12

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by B.S. Artis for Kim Thomas served on 4/1/2011, answer due 4/22/2011. (wcl, ) (Entered: 04/05/2011)

April 5, 2011
349

JUDGMENT it is the ORDER, JUDGMENT, and DECREE of the court that this cause is dismissed in its entirety with prejudice. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Myron H. Thompson on 1/8/2016. (Attachments: # 1 Civil Appeals Checklist)(kh, )

1 Civil Appeals Checklist

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Jan. 8, 2016 RECAP
13

Corporate/Conflict Disclosure Statement by Ashley Dotson re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011
14

Corporate/Conflict Disclosure Statement by Dana Harley re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered:

April 6, 2011
16

Corporate/Conflict Disclosure Statement by John Hicks re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011
17

Corporate/Conflict Disclosure Statement by Albert Knox re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011
18

Corporate/Conflict Disclosure Statement by Darrell Robinson re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011
19

Corporate/Conflict Disclosure Statement by Dwight Smith re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011
20

Corporate/Conflict Disclosure Statement by Melinda Washington re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011
21

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by F. Roper for Bettina Carter served on 4/4/2011, answer due 4/25/2011. (wcl, ) (Entered: 04/07/2011)

April 7, 2011
22

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by H. Whitacre for Billy Mitchem served on 4/4/2011, answer due 4/25/2011. (wcl, ) (Entered: 04/07/2011)

April 7, 2011
23

NOTICE by Roosevelt James voluntary dismissal (Neal, Allison) (Entered: 04/11/2011)

April 11, 2011
24

NOTICE by April Stagner voluntary dismissal (Neal, Allison) (Entered: 04/11/2011)

April 11, 2011
25

Motion for Admission of Rose A. Saxe as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602018134.) by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Receipt) (wcl, ) (Entered: 04/12/2011)

April 11, 2011
26

ORDER: pursuant to the 23 & 24 Notices of Voluntary Dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that plfs Roosevelt James and April Stagner are dismissed and terminated as parties. Signed by Honorable Myron H. Thompson on 4/12/2011. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 04/12/2011)

April 12, 2011
27

ORDER granting 25 Motion for Admission Pro Hac Vice. Signed by Honorable Myron H. Thompson on 4/12/2011. (wcl, ) (Entered: 04/12/2011)

April 12, 2011
28

MOTION for Extension of Time to File Special Report & Answer by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas. (Rouse, Scott) (Entered: 04/18/2011)

April 18, 2011
29

Corporate/Conflict Disclosure Statement by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas. (Rouse, Scott) (Entered: 04/18/2011)

April 18, 2011
30

ORDER granting 28 Motion for Extension of Time to Respond. Signed by Honorable Myron H. Thompson on 4/19/2011. (wcl, ) (Entered: 04/19/2011)

April 19, 2011
31

FIRST AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas, filed by John Hicks, Dana Harley, Louis Henderson, Darrell Robinson, James Douglas, David Smith, Dwight Smith, Melinda Washington, Albert Knox.(Neal, Allison) Modified on 5/12/2011 to remove the erroneous filer Ashley Dotson and to add as also filed on behalf of James Douglas and David Smith (wcl, ). (Entered: 05/11/2011)

May 11, 2011
32

NOTICE by Ashley Dotson of Voluntary Dismissal (Neal, Allison) Modified on 5/11/2011 to reflect as filed only on behalf of Ashley Dotson (wcl, ). (Entered: 05/11/2011)

May 11, 2011
33

ORDER, pursuant to the 32 Notice of voluntary dismissal, it is the ORDER, JUDGMENT and DECREE of the court that plaintiff Ashley Dotson is dismissed and terminated as a party. Signed by Honorable Myron H. Thompson on 5/13/11. (Attachments: # 1 civil appeals checklist)(djy, ) Modified on 5/16/2011 to correct the docket text to reflect the correct name as Dotson and not Dotxon (wcl, ). (Entered: 05/13/2011)

May 13, 2011
34

MOTION to Dismiss by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas. (Lunsford, William) (Entered: 05/25/2011)

May 25, 2011
35

BRIEF/MEMORANDUM in Support re 34 MOTION to Dismiss filed by Frank Albright, Robert Bentley, Bettina Carter, Billy Mitchem, Kim Thomas. (Attachments: # 1 Exhibit 1 − Affidavit of Tonitta Reese, # 2 Exhibit 2 − Affidavit of Debbie Hunt, # 3 Exhibit 3 − Leatherwood − Second Amended Complaint)(Lunsford, William) Modified on 5/26/2011 to add as also filed on behalf of Frank Albright, Robert Bentley, and Bettina Carter (wcl, ). (Entered: 05/25/2011)

May 25, 2011

***Attorney Anne Adams Hill, David Berman Block, Mitesh Shah, Janine Alicia McKinnon for Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, and Kim Thomas added pursuant to 34 Motion. (No PDF Attached) (wcl, ) (Entered: 05/26/2011)

May 25, 2011
36

ORDER re 34 MOTION to Dismiss. Motion Submission Deadline set for 7/8/2011 without oral argument, with any opposition brief due by 6/24/2011, and any reply to the opposition due by 7/8/2011. Signed by Honorable Judge Myron H. Thompson on 5/27/2011. (dmn) (Entered: 05/27/2011)

May 27, 2011
37

BRIEF/MEMORANDUM in Opposition re 35 BRIEF/MEMORANDUM in Support, 34 MOTION to Dismiss filed by James Douglas, Dana Harley, Louis Henderson, John Hicks, Albert Knox, Darrell Robinson, David Smith, Dwight Smith, Melinda Washington. (Attachments: # 1 Table of Exhibits, # 2 Exhibit 1: DHHS website, # 3 Exhibit 2: Correspondence, # 4 Exhibit 3: Neal Declaration, # 5 Exhibit 4: Hatcher Declaration, # 6 Exhibit 5: Harley Declaration, # 7 Exhibit 6: Hunt Affidavit, # 8 Exhibit 7: Reese Affidavit, # 9 Exhibit 8: Limestone Instr., # 10 Exhibit 9: Tutwiler Instr., # 11 Exhibit 10: Limestone grievances, # 12 Exhibit 11: Tutwiler grievances)(Takei, Carl) (Main Document 37 replaced on 6/27/2011 to attach a corrected PDF document to include an e−signature and a certificate of service page) (wcl, ). Modified on 6/27/2011 to remove the previously terminated plfs Ashley Dotson, Roosevelt James, and April Stagner as filers (wcl, ). (Entered: 06/24/2011)

June 24, 2011
38

NOTICE of Correction re 37 BRIEF/MEMORANDUM in Opposition, to attach a corrected PDF document to include an e−signature and a certificate of service page. Previously terminated plfs Ashley Dotson, Roosevelt James, and April Stagner have been removed as filers. (Attachments: # 1 Corrected Main PDF Document to Docket Entry 37 )(wcl, ) (Entered: 06/27/2011)

June 27, 2011
39

REPLY BRIEF re 37 BRIEF/MEMORANDUM in Opposition,,, filed by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 07/08/2011)

July 8, 2011
40

MOTION to Strike re 37 BRIEF/MEMORANDUM in Opposition, by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) Modified on 7/11/2011 to add link to 37 Memorandum of Law (wcl, ). (Entered: 07/08/2011)

July 8, 2011
41

ORDERED that all pending motions are set for oral argument on 8/30/2011, at 10:00 AM, in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/11/2011. (furn: Calendar, ag) (wcl, ) (Entered: 07/11/2011)

July 11, 2011
43

MOTION to Clarify re 41 Order Setting Hearing on Motion, MOTION to Continue date for oral argument to September 12, 2011 by Louis Henderson. (Winter, Margaret) (Entered: 07/15/2011)

July 15, 2011
44

ORDERED that, on or before 8/1/2011, dfts are to show cause, if any there be, in writing, as to why plfs' 2 Motion for Class Certification should not be granted. Signed by Honorable Judge Myron H. Thompson on 7/15/2011. (wcl, ) (Entered: 07/15/2011)

July 15, 2011
45

ORDERED as follows: (1) Plfs' 43 Motion for Clarification is granted; (2) Plfs' 2 Motion for Class Certification is included in the oral argument on "all" pending motions; (3) Plfs' 43 Motion for Postponement is granted; (4) Oral argument on all pending motions is reset for 9/16/2011, at 11:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/15/2011. (furn: Calendar, ag) (wcl, ) (Entered: 07/15/2011)

July 15, 2011
46

MEMORANDUM OF LAW in Opposition re 40 MOTION to Strike filed by James Douglas, Dana Harley, Louis Henderson, John Hicks, Albert Knox, Darrell Robinson, David Smith, Dwight Smith, Melinda Washington. (Takei, Carl) Modified on 7/26/2011 to remove the previously terminated plfs Ashley Dotson, Roosevelt James, and April Stagner as filers (wcl, ). (Entered: 07/25/2011)

July 25, 2011
47

MOTION to Stay Or, In the Alternative, Opposition to Plaintiffs' Motion for Class Certification by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Attachments: # 1 Exhibit 1 − Atchison Affidavit, # 2 Exhibit 2 − Mitchem Affidavit, # 3 Exhibit 3 − Naglich Affidavit)(Lunsford, William) (Entered: 08/01/2011)

Aug. 1, 2011

RESPONSE in Opposition re 2 MOTION to Certify Class filed by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (No PDF Attached−See Docket Entry 47 ) (wcl, ) (Entered: 08/02/2011)

Aug. 1, 2011
48

ORDER TO SHOW CAUSE by the plfs, if any there be, in writing, as to why the 47 Motion to Stay should not be granted; Show Cause Response due by 8/15/2011. Signed by Honorable Judge Myron H. Thompson on 8/3/2011. (wcl, ) (Entered: 08/03/2011)

Aug. 3, 2011
49

RESPONSE to Motion re 47 MOTION to Stay Or, In the Alternative, Opposition to Plaintiffs' Motion for Class Certification Plaintiffs' Response to Defendants' Motion to Stay or, In the Alternative, Opposition to Plaintiffs' Motion for Class Certification filed by Louis Henderson. (Winter, Margaret) (Entered: 08/15/2011)

Aug. 15, 2011
50

NOTICE by James Douglas, Dana Harley, Louis Henderson, John Hicks, Albert Knox, Darrell Robinson, David Smith, Dwight Smith, Melinda Washington re 37 BRIEF/MEMORANDUM in Opposition,,, (Attachments: # 1 Exhibit)(Neal, Allison) (Entered: 09/15/2011)

Sept. 15, 2011
51

MOTION to Strike Plaintiffs' Declaration for Failure to Comply with Court's Order by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Shah, Mitesh) (Entered: 09/16/2011)

Sept. 16, 2011
52

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 9/16/2011 re 40 MOTION to Strike filed by Edward Ellington, Billy Mitchem, Kim Tobias Thomas, Frank Albright, Bettina Carter, Robert Bentley, 34 MOTION to Dismiss filed by Edward Ellington, Billy Mitchem, Kim Tobias Thomas, Frank Albright, Bettina Carter, Robert Bentley, 2 MOTION to Certify Class filed by April Stagner, Roosevelt James, Louis Henderson, Darrell Robinson, Dwight Smith, Albert Knox, John Hicks, Ashley Dotson, Melinda Washington, Dana Harley (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 09/16/2011)

Sept. 16, 2011
55

MOTION for Extension of Deadline re 54 Order, Set Deadlines,, by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 09/28/2011)

Sept. 28, 2011
56

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on September 16, 2011, before Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/20/2011. Redacted Transcript Deadline set for 10/31/2011. Release of Transcript Restriction set for 12/28/2011. (dmn, ) (Entered: 09/29/2011)

Sept. 29, 2011
57

NOTICE by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith Notice of Voluntary Dismissal (Neal, Allison) (Entered: 09/29/2011)

Sept. 29, 2011
58

NOTICE by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith Notice of Voluntary Dismissal of Hicks (Neal, Allison) (Entered: 09/29/2011)

Sept. 29, 2011
59

NOTICE by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith Notice of Voluntary Dismissal of Washington (Neal, Allison) (Entered: 09/29/2011)

Sept. 29, 2011
60

Second MOTION to Amend/Correct Complaint by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Neal, Allison) (Entered: 09/29/2011)

Sept. 29, 2011
61

SECOND AMENDED COMPLAINT against All Defendants, filed by Dana Harley, Louis Henderson, Darrell Robinson, James Douglas, Dwight Smith, Albert Knox, Alqadeer Hamlet, Jeffery Beyer, Bonita Graham.(Neal, Allison) Modified on 9/30/2011 (qc/djy, ). Modified on 10/3/2011 to add as also filed on behalf of Alqadeer Hamlet, Jeffery Beyer, Bonita Graham (wcl, ). (Entered: 09/29/2011)

Sept. 29, 2011
62

BRIEF/MEMORANDUM in Opposition re 55 MOTION for Extension of Deadline re 54 Order, Set Deadlines, filed by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Takei, Carl) Modified on 10/3/2011 to remove the previously terminated plfs Ashley Dotson, John Hicks, Roosevelt James, David Smith, April Stagner, and Melinda Washington as filers (wcl, ). (Entered: 09/30/2011)

Sept. 30, 2011
63

CLERK'S NOTICE of Voluntary Dismissal of Plaintiff John Hicks from this case. (djy, ) (Entered: 09/30/2011)

Sept. 30, 2011
64

CLERK'S NOTICE of Voluntary Dismissal of Plaintiff David Smith from this case. (djy, ) (Entered: 09/30/2011)

Sept. 30, 2011
65

CLERK'S NOTICE of Voluntary Dismissal of Plaintiff Melinda Washington from this case. (djy, ) (Entered: 09/30/2011)

Sept. 30, 2011

NOTICE of Docket Correction re 61 Amended Complaint to indicate that leave of court has not yet been granted for filing this document (NO PDF document attached to this notice). (djy, ) (Entered: 09/30/2011)

Sept. 30, 2011
67

NOTICE of Correction re 66 Order, to attach the correct PDF document due to a clerical error. (Attachments: # 1 Correct Main PDF Document to Docket Entry 66 )(wcl, ) (Main Document 67 replaced on 10/4/2011 to attach a corrected PDF document to include the correct case number) (wcl, ). Modified on 10/4/2011 (wcl, ). (Entered: 10/03/2011)

Oct. 3, 2011
68

NOTICE of Correction re 67 Notice of Correction, to attach a corrected PDF document to include the correct case number. (Attachments: # 1 Corrected Main PDF Document to Docket Entry 67 )(wcl, ) (Entered: 10/04/2011)

Oct. 4, 2011
69

RESPONSE to Motion re 60 Second MOTION to Amend/Correct Complaint pursuant to the Court's October 3, 2011 Order filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (McKinnon, Janine) (Entered: 10/10/2011)

Oct. 10, 2011
70

REPORT of Rule 26(f) Planning Meeting. (Lunsford, William) (Entered: 10/17/2011)

Oct. 17, 2011
71

Supplemental RESPONSE in Opposition re 2 MOTION to Certify Class based on the Second Amended Complaint filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Attachments: # 1 Affidavit Supplemental Affidavit of Stephanie Atchison, # 2 Exhibit ADOC File for Jeffery Beyer, # 3 Exhibit ADOC File for Bonita Graham)(McKinnon, Janine) Modified on 10/18/2011 to clarify the docket text to reflect as a supplemental opposition (wcl, ). (Entered: 10/17/2011)

Oct. 17, 2011
72

Joint MOTION for Protective Order by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Text of Proposed Order On Consent of the Parties Regarding HIV Disclosure, # 2 Text of Proposed Order On Consent of the Parties Regarding Confidential Discovery Materials)(Takei, Carl) Modified on 11/28/2011 to reflect as also filed on behalf of defendants (qc/djy, ). (Entered: 11/23/2011)

Nov. 23, 2011

NOTICE of Docket Text Correction re 72 Joint MOTION for Protective Order to clarify text to indicate the motion was also filed on behalf of defendants (NO PDF Document attached to this notice). (djy, ) (Entered: 11/28/2011)

Nov. 28, 2011
73

PROTECTIVE ORDER ON CONSENT OF THE PARTIES REGARDING CONFIDENTIAL DISCOVERY MATERIALS granting 72 Joint MOTION for Protective Order, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 12/2/2011. (wcl, ) (Entered: 12/02/2011)

Dec. 2, 2011
74

PROTECTIVE ORDER ON CONSENT OF THE PARTIES REGARDING HIV DISCLOSURE granting 72 Joint MOTION for Protective Order, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 12/2/2011. (wcl, ) (Entered: 12/02/2011)

Dec. 2, 2011
75

First MOTION to Compel Production by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Text of Proposed Order, # 2 List of Exhibits, # 3 Exhibit 1: Plaintiffs' Request for Production, Sept. 20, 2011, # 4 Exhibit 2: Defendants' Responses and Objections, Nov. 29, 2011)(Takei, Carl) (Entered: 12/06/2011)

Dec. 6, 2011
76

ORDERED that the disputes in the 70 Rule 26(f) Report are referred to Magistrate Judge Wallace Capel for consideration and recommendation, with the understanding that the pretrial is set for 8/16/2012, and the trial is set for the term of court beginning on 9/17/2012, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 12/7/2011. (furn: Calendar, ag)(wcl, ) (Entered: 12/07/2011)

Dec. 7, 2011
77

ORDER directing that a hearing on Plaintiff's 75 Motion to Compel and any disputed issue in the 70 Rule 26(f) Report is set for December 15, 2011 at 10:00 a.m., in Courtroom 5A, Frank M. Johnson, Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama, before the undersigned Magistrate Judge; further ORDERED that the parties shall meet and confer prior to the hearing in a good faith effort to resolve the disputed issues, as further set out. Signed by Honorable Judge Wallace Capel, Jr on 12/8/11. (Furnished to Calendar and KG.)(scn, ) (Entered: 12/08/2011)

Dec. 8, 2011
78

MOTION for Protective Order and Response to Plaintiffs' Motion to Compel Production by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J)(McKinnon, Janine) (Entered: 12/13/2011)

Dec. 13, 2011

RESPONSE to Motion re 75 First MOTION to Compel Production filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (No pdf attached−See docket entry 78 ) (wcl, ) (Entered: 12/14/2011)

Dec. 13, 2011

ORAL MOTION to Withdraw 75 First MOTION to Compel Production by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (cb, ) (Entered: 12/15/2011)

Dec. 15, 2011

ORAL ORDER granting ORAL Motion to Withdraw 75 First MOTION to Compel Production. ( 75 Motion to Compel terminated per this Order). Signed by Honorable Judge Wallace Capel, Jr on 12/15/2011. (cb, ) (Entered: 12/15/2011)

Dec. 15, 2011
79

Minute Entry for Motion Hearing re 75 First Motion to Compel Production held before Honorable Judge Wallace Capel, on 12/15/2011 (PDF available for court use only). (Recording Time 10:07−12:09.) (cb, ) (Entered: 12/15/2011)

Dec. 15, 2011
80

ORDER denying 78 Motion for Protective Order. Signed by Honorable Judge Wallace Capel, Jr on 12/20/2011. (wcl, ) (Entered: 12/20/2011)

Dec. 20, 2011
81

MOTION for Leave to File STIPULATED ORDER REGARDING IMMEDIATE DISCOVERY AND AMENDED RULE 26(f) REPORT by Frank Albright, Jeffery Beyer, Bettina Carter, James Douglas, Edward Ellington, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Billy Mitchem, Darrell Robinson, Dwight Smith, Kim Tobias Thomas. (Lunsford, William) (Entered: 12/20/2011)

Dec. 20, 2011
82

RESPONSE in Opposition re 2 MOTION to Certify Class (The State's Second Supplemental Opposition to Plaintiffs' Motion for Class Certification) filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 01/25/2012)

Jan. 25, 2012
83

BRIEF/MEMORANDUM in Support re 35 BRIEF/MEMORANDUM in Support, 34 MOTION to Dismiss (Supplemental Memorandum in Support of the State's Motion to Dismiss) filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 01/25/2012)

Jan. 25, 2012
84

Joint MOTION to Continue by Frank Albright, Jeffery Beyer, Bettina Carter, James Douglas, Edward Ellington, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Billy Mitchem, Darrell Robinson, Dwight Smith, Kim Tobias Thomas. (Lunsford, William) (Entered: 01/27/2012)

Jan. 27, 2012
85

RESPONSE to Motion re 34 MOTION to Dismiss, 2 MOTION to Certify Class in Response to 82 State's Second Supplemental Opposition to the Plaintiffs' Motion for Class Certification and to 83 State's Supplemental Memorandum in Support of the State's Motion to Dismiss filed by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Takei, Carl) (Entered: 02/17/2012)

Feb. 17, 2012
86

Second MOTION to Compel Production by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Exhibit 1: Plaintiffs' First Request for Production of Documents, # 2 Exhibit 2: Defendants' Objections and Responses, # 3 Exhibit 3: Letter from Carl Takei to William Lunsford, January 27, 2012, # 4 Exhibit 4: Email from William Lunsford to Carl Takei, February 8, 2012, # 5 Exhibit 5: ADOC Classification Manual, # 6 Exhibit 6: Declaration of James Austin, # 7 Exhibit 7: Louis Henderson Classification Summary, # 8 Text of Proposed Order)(Takei, Carl) (Entered: 02/17/2012)

Feb. 17, 2012

State / Territory: Alabama

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Post-PLRA Jail and Prison Private Settlement Agreements

Post-WalMart decisions on class certification

Key Dates

Filing Date: March 28, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of all current and future prisoners under supervision of the Alabama Department of Corrections who have tested positive for HIV.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alabama Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Amount Defendant Pays: 1,399,000

Order Duration: 2013 - 2016

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Follow recruitment, hiring, or promotion protocols

Implement complaint/dispute resolution process

Other requirements regarding hiring, promotion, retention

Reasonable Accommodation

Reporting

Issues

General:

Classification / placement

Confidentiality

Disparate Treatment

Housing

Pattern or Practice

Placement in detention facilities

Work release or work assignments

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Medical/Mental Health:

HIV/AIDS

Type of Facility:

Government-run