Case: U.S. v. Alabama

2:15-cv-00368 | U.S. District Court for the Middle District of Alabama

Filed Date: May 28, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 26, 2013, the Department of Justice Civil Rights Division sent notice to the Alabama Department of Corrections that it would be conducting an investigation of the Julia Tutwiler Prison. The investigation sought to address allegations that prisoners were subjected to sexual abuse by prison staff in violation of their constitutional rights; allegations that the prison failed to report and prevent sexual abuse; and allegations that the prison failed to provide adequate mental health an…

On February 26, 2013, the Department of Justice Civil Rights Division sent notice to the Alabama Department of Corrections that it would be conducting an investigation of the Julia Tutwiler Prison. The investigation sought to address allegations that prisoners were subjected to sexual abuse by prison staff in violation of their constitutional rights; allegations that the prison failed to report and prevent sexual abuse; and allegations that the prison failed to provide adequate mental health and medical care to victims of sexual abuse. On January 17, 2014, the DOJ issued a findings letter. The department's findings detailed unconstitutional conditions that subjected women prisoners to a substantial risk of harm. These conditions included staff sexual abuse and sexual harassment of prisoners, prison officials' failure to adequately respond to and investigate allegations of sexual abuse and harassment, and systemic deficiencies that directly contributed to staff and prisoner sexual abuse and staff sexual harassment.

On May 28, 2015, the DOJ Civil Rights Division filed this lawsuit against the state of Alabama and its Department of Corrections (ADOC) under CRIPA for the heinous sexual abuse committed by the ADOC's male officers at Tutwiler. And the parties had reached a settlement agreement and subsequently submitted a motion for its approval, which Judge Myron Thompson accepted on June 18, 2015. The court issued a consent decree and designated an independent monitor.

The settlement required the ADOC and Tutwiler to make recommended changes and file compliance reports every six months. The substantive part of the settlement agreement contained sections on General Policies and Procedures, staffing and training, risk assessment and education, rights to privacy and reporting, and response and investigation procedures to reports of sexual assault.

The policy section of the agreement required ADOC and Tutwiler to:

  • Develop, submit to the Monitor and DOJ for review, and implement policies and procedures regarding the management of lesbian, gay, bisexual, transgender, intersex, and gender nonconforming prisoners;
  • Comply with its policy ensuring women receive essential supplies;
  • Develop and implement policies and procedures that incorporate gender-responsive strategies, including policies and procedures governing the use of force against women prisoners and other disciplinary actions;
  • Develop, submit to the Monitor and DOJ for review and implement facility-specific policies and operational practices specific to Tutwiler' s population regarding the supervision and monitoring necessary to prevent inmates from being exposed to an unreasonable risk of harm from sexual abuse and harassment; and
  • Revise and/or develop and implemen any other policies, practices, procedures, protocols, training curricula, and other written documents as necessary, including but not limited to, screening tools, logs, handbooks, manuals, and forms.

The consent decree was set to be in effect until ADOC was found in substantial compliance in three consecutive compliance reports.

The monitor filed the first report on February 26, 2016 on the assessment period for May–Dec. 2015. The monitor noted positive progress and granted a 3-month extension for compliance on the general policies and procedures and training. From February 2016 through August 2019, the monitor filed a total of eight reports indicating steady progress. In the eighth and most recent report, the monitor noted that Tutwiler and the ADOC achieved "substantial compliance" with 41 sections of the settlement agreement and "partial compliance" with two sections of the agreement.

As of August 2019, Tutwiler's and the ADOC's general policies continued to work toward preventing sexual abuse and harassment. The monitor noted that staff exhibited knowledge of procedures related to reporting sexual harassment, safety for inmates, and investigative processes. In addition, the monitor found that Tutwiler and the ADOC fully implemented the required Behavior Intervention & Discipline Policy and Disciplinary Segregation policies. Tutwiler's and the ADOC's use of camera recording also satisfied the monitor, although the monitor found that audio capabilities would further surveillance efforts. Further, the ADOC's and Tutwiler's inmate education program communicating the right to be free from sexual abuse and harassment and right to privacy satisfied their duties as outlined in the agreement.

The monitor found some challenges still exist at the Tutwiler facility. Specifically, staffing vacancies could impact safety and security at the facility. Additionally, recruitment and retention problems with women candidates do not allow for a finding of substantial compliance with terms in the agreement.

As of November 2019, the monitor will conduct further research on compliance and submit a ninth report to the court in December. The case is ongoing.

(There were also two earlier CRIPA matters involving Tutwiler. The first was in the mid 1980s. For information, see PC-AL-0023. The second was in the mid 1990s. See PC-AL-0006.)

Summary Authors

Soojin Cha (5/20/2016)

Angela Heverling (5/9/2006)

Kaley Hanenkrat (2/2/2018)

Richa Bijlani (12/1/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5584396/parties/united-states-v-state-of-alabama/


Judge(s)

Moorer, Terry Fitzgerald (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Abbate, Julie K. (District of Columbia)

Adams, Jerusha Tatiana (Alabama)

Anderson, Robert G. (Mississippi)

Barrick, Andrew J. (District of Columbia)

Bohan, Mary (District of Columbia)

Brown, Shanneta Y. (District of Columbia)

Cheng, Christopher N. (District of Columbia)

Dubois, James J. (Alabama)

Judge(s)

Moorer, Terry Fitzgerald (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Abbate, Julie K. (District of Columbia)

Adams, Jerusha Tatiana (Alabama)

Anderson, Robert G. (Mississippi)

Barrick, Andrew J. (District of Columbia)

Bohan, Mary (District of Columbia)

Brown, Shanneta Y. (District of Columbia)

Cheng, Christopher N. (District of Columbia)

Dubois, James J. (Alabama)

Fleisher, Aaron S (District of Columbia)

Gupta, Vanita (District of Columbia)

Kappelhoff, Mark (District of Columbia)

Lopez, Zazy I (District of Columbia)

Patrick, Deval L. (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Turner, James P. (District of Columbia)

Attorneys(s) for Defendant

Dunn, Jefferson S. (Alabama)

Harmon, Bart Gregory (Alabama)

Hill, Anne A. (Alabama)

McCollum, Carrie Ellis (Alabama)

Expert/Monitor/Master

Dennehy, Kathleen (Alabama)

Documents in the Clearinghouse

Document

2:15-cv-00368

Docket

US v. Alabama

Aug. 27, 2019

Aug. 27, 2019

Docket

Investigation of the Julia Tutwiler Prison for Women and Notice of Expanded Investigation

United States v. The State of Alabama

No Court

Jan. 17, 2014

Jan. 17, 2014

Findings Letter/Report
2

2:15-cv-00368

Joint Motion to Enter Settlement Agreement

May 28, 2015

May 28, 2015

Pleading / Motion / Brief
1

2:15-cv-00368

Complaint

U.S. v. Alabama [CRIPA matter involving Tutwiler]

May 28, 2015

May 28, 2015

Complaint
2-1

2:15-cv-00368

Settlement Agreement

May 28, 2015

May 28, 2015

Settlement Agreement
10

2:15-cv-00368

Opinion

June 18, 2015

June 18, 2015

Order/Opinion
12

2:15-cv-00368

Judgment [Regarding Consent Decree]

United States v. The State of Alabama

June 18, 2015

June 18, 2015

Order/Opinion
11

2:15-cv-00368

Consent Decree

June 18, 2015

June 18, 2015

Order/Opinion
16-1

2:15-cv-00368

Monitor Report

Feb. 26, 2016

Feb. 26, 2016

Monitor/Expert/Receiver Report
16-2

2:15-cv-00368

Compliance Tool

Feb. 26, 2016

Feb. 26, 2016

Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5584396/united-states-v-state-of-alabama/

Last updated Aug. 30, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alabama Department of Corrections and State of Alabama, filed by United States of America. (Attachments: # 1 Attachment A)(scn, ) (Entered: 05/29/2015)

1 Attachment A

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May 28, 2015

May 28, 2015

RECAP
2

Joint MOTION to Enter Settlement Agreement, by Alabama Department of Corrections, State of Alabama, and United States of America. (Attachments: # 1 Settlement Agreement, # 2 Proposed Order)(scn, ) (Entered: 05/29/2015)

1 Settlement Agreement

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2 Proposed Order

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May 28, 2015

May 28, 2015

PACER
3

Corporate/Conflict Disclosure Statement by United States of America. (scn, ) (Entered: 05/29/2015)

May 28, 2015

May 28, 2015

PACER
4

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to State of Alabama and Alabama Department of Corrections. Corporate Disclosures due by 6/8/2015. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 05/29/2015)

1 Standing ORDER and sample format

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May 29, 2015

May 29, 2015

PACER
5

First NOTICE of Non-Compliance Regarding Registration for Electronic Noticing To Attorneys Aaron S. Fleisher, Judith C. Preston, Julie K. Abbate,Mark Kappelhoff, and Zazy I. Lopez. (Attachments: # 1 Standing ORDER, # 2 E-register Form)(scn, ) (Entered: 05/29/2015)

1 Standing ORDER

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2 E-register Form

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May 29, 2015

May 29, 2015

PACER

Motions No Longer Referred to Senior District Judge W. Harold Albritton, III: 2 MOTION for Settlement. (No pdf attached to this entry) (wcl, )

June 3, 2015

June 3, 2015

PACER
6

Case Reassigned to Honorable Judge Myron H. Thompson; Honorable Judge W. Harold Albritton, III no longer assigned to the case as presiding judge. (wcl, ) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER
7

NOTICE of Appearance by Bart Gregory Harmon on behalf of Alabama Department of Corrections, State of Alabama (Harmon, Bart) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER
8

Corporate/Conflict Disclosure Statement by Alabama Department of Corrections, State of Alabama re 4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Harmon, Bart) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER

Set Hearings: Telephone Conference re 2 Joint Motion to Enter Agreement set for 6/8/2015 02:45 PM by telephone before Honorable Judge Myron H. Thompson. (ag, )

June 4, 2015

June 4, 2015

PACER
9

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 6/8/2015 (PDF available for court use only). (Recording Time 2:58 - 3:39.) (ag, ) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
10

OPINION. Signed by Honorable Judge Myron H. Thompson on 6/18/2015. (wcl, ) (Entered: 06/18/2015)

June 18, 2015

June 18, 2015

RECAP
11

CONSENT DECREE. Signed by Honorable Judge Myron H. Thompson on 6/18/2015. (wcl, ) (Entered: 06/18/2015)

June 18, 2015

June 18, 2015

RECAP
12

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The parties' 2 joint motion to enter settlement agreement is granted as outlined below; (2) The court adopts the parties' settlement agreement, and its terms have been entered separately as a consent decree of the court; (3) This case is dismissed conditionally and without prejudice. Final dismissal is conditioned on compliance with the consent decree; (4) The court retains jurisdiction for the purpose of enforcing the consent decree as well as to resolve any disputes arising out of the consent decree and to enter final dismissal of this matter as contemplated by the consent decree; (5) No costs are taxed at this time; (6) This case is closed administratively; DIRECTING the clerk DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge Myron H. Thompson on 6/18/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 06/18/2015)

1 Civil Appeals Checklist

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June 18, 2015

June 18, 2015

RECAP

Mail Returned as Undeliverable. 10 Opinion, 11 Consent Decree, and 12 Judgment sent to Judith C. Preston were returned with no notation. (No pdf attached to this entry) (wcl, )

June 29, 2015

June 29, 2015

PACER
13

JOINT NOTICE by United States of America, State of Alabama, Alabama Department of Corrections. (Fleisher, Aaron) Modified on 8/17/2015 to add as also filed on behalf of the dfts (wcl, ). (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

PACER

Mail Returned as Undeliverable. 5 Notice of Non-Compliance and 6 Notice of Reassignment sent to Judith C. Preston were returned with no notation as to why. (No pdf attached to this entry) (wcl, )

Aug. 24, 2015

Aug. 24, 2015

PACER
14

NOTICE (Responset by United States of America re 5 Notice of Non-Compliance. (Fleisher, Aaron) Modified on 8/26/2015 to clarify the docket text and to add the link to the 5 notice (wcl, ). (Entered: 08/26/2015)

Aug. 26, 2015

Aug. 26, 2015

RECAP
15

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Conference Call Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 6/8/2015, 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 9/30/2015; Redacted Transcript Deadline set for 10/13/2015; Release of Transcript Restriction set for 12/8/2015. (wcl, ) (Entered: 09/09/2015)

Sept. 9, 2015

Sept. 9, 2015

PACER
16

NOTICE by Alabama Department of Corrections, State of Alabama (Attachments: # 1 Exhibit Frist Monitor Report, # 2 Exhibit Compliance Tool)(Harmon, Bart) (Entered: 02/26/2016)

1 Exhibit Frist Monitor Report

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2 Exhibit Compliance Tool

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Feb. 26, 2016

Feb. 26, 2016

PACER
17

MOTION to Substitute Counsel by United States of America. (Adams, Jerusha) Modified on 3/1/2016 to clarify the docket text (wcl, ). (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
18

TEXT ORDER granting 17 Motion to Substitute Counsel. Signed by Honorable Judge Myron H. Thompson on 3/1/2016. (No pdf attached to this entry) (wcl, ) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER

***Attorney Robert G Anderson terminated pursuant to the court's text order (Doc. No. 18). (No pdf attached to this entry) (wcl, )

March 1, 2016

March 1, 2016

PACER
19

MOTION for Joinder Joint Motion to Approve Kathleen M. Dennehy as Monitor by Alabama Department of Corrections, State of Alabama. (Hill, Anne) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
20

(STRICKEN AS ERRONEOUS DOCKET ENTRY BY ATTORNEY) MOTION for Order Proposed Order Granting Motion to Approve New Monitor by Alabama Department of Corrections, State of Alabama. (Hill, Anne) Modified on 8/25/2016 to reflect this a "proposed order" and not a "motion" (kh, ). (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
21

ORDER: Upon consideration of the parties' joint motion to approve Kathleen M. Dennehy as monitor to replace Jennie Lancaster (doc. no. [19)], it is ORDERED that the motion is granted. Signed by Honorable Judge Myron H. Thompson on 8/25/2016. (kh, ) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

PACER
22

NOTICE of Filing Tutwiler Prison for Women "Monitor's Second Compliance Report" by Alabama Department of Corrections, State of Alabama (Attachments: # 1 Exhibit, # 2 Exhibit)(Hill, Anne) (Entered: 08/25/2016)

1 Exhibit

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2 Exhibit

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Aug. 25, 2016

Aug. 25, 2016

PACER
23

NOTICE by Alabama Department of Corrections (Harmon, Bart) (Entered: 02/24/2017)

Feb. 24, 2017

Feb. 24, 2017

PACER
24

MOTION for Extension of Time to File Third Compliance Report by Alabama Department of Corrections. (Attachments: # 1 Text of Proposed Order)(Harmon, Bart) (Entered: 02/24/2017)

1 Text of Proposed Order

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Feb. 24, 2017

Feb. 24, 2017

PACER
25

ORDER: Based on the representations made in the monitors unopposed request for a 30-day extension to file the third compliance report (doc. no. 24 ), it is ORDERED that the request is granted. Signed by Honorable Judge Myron H. Thompson on 2/27/2017. (kh, ) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
26

NOTICE of Filing Tutwiler Prison for Women "Monitor's Third Compliance Report" by Alabama Department of Corrections, State of Alabama . (Attachments: # 1 Exhibit, # 2 Exhibit)(Hill, Anne) Modified on 3/28/2017 to clarify the docket text (wcl, ). (Entered: 03/28/2017)

1 Exhibit

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2 Exhibit

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March 28, 2017

March 28, 2017

PACER
27

NOTICE of Filing of Tutwiler Prison for Women "Monitor's Fourth Compliance Report" by Alabama Department of Corrections, State of Alabama (Attachments: # 1 Exhibit, Monitor's Fourth Compliance Report, Part 1, # 2 Exhibit Monitor's Fourth Compliance Report, Part 2)(Hill, Anne) Modified on 2/26/2019 to include actual title and exhibit descriptions. (dmn, ) (Entered: 08/25/2017)

1 Exhibit

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2 Exhibit

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Aug. 25, 2017

Aug. 25, 2017

PACER
28

NOTICE of Filing Tutwiler Prison for Women "Monitor's Fifth Compliance Report" by Alabama Department of Corrections. (Attachments: # 1 Exhibit, # 2 Exhibit)(Hill, Anne) Modified on 2/28/2018 to clean up text. (dmn, ) (Entered: 02/27/2018)

1 Exhibit

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2 Exhibit

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Feb. 27, 2018

Feb. 27, 2018

PACER
29

NOTICE of Filing Tutwiler Prison for Women "Sixth Monitor Report" by Alabama Department of Corrections, State of Alabama (Attachments: # 1 Exhibit, # 2 Exhibit)(Willford, Gary) Modified on 8/24/2018 to clean up text. (dmn, ) (Entered: 08/23/2018)

1 Exhibit

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2 Exhibit

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Aug. 23, 2018

Aug. 23, 2018

PACER
30

MOTION to Substitute Counsel Deputy Chief Mary Bohan for Mark Kappelhoff, Judith C. Preston, Julie Abbate, and Zazy I. Lopez by United States of America. (Fleisher, Aaron) Modified on 9/12/2018 to include names of attorneys. (dmn, ) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

RECAP

***Attorney Mary Bohan added for United States of America. (dmn, ) (NO PDF, see Doc. 30 for pdf.)

Sept. 12, 2018

Sept. 12, 2018

PACER
31

TEXT ORDER granting 30 Motion to Substitute Mary Bohan as counsel of record for the United States of America in place of Mark Kappelhoff, Judith C. Preston, Julie Abbate, and Zazy I. Lopez. Signed by Honorable Judge Myron H. Thompson on 9/12/2018. (dmn, ) (NO PDF) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER

*** Attorney Zazy I Lopez; Judith C. Preston; Julie Abbate and Mark Kappelhoff terminated pursuant to 31 Text Order. (dmn, ) (NO PDF)

Sept. 12, 2018

Sept. 12, 2018

PACER
32

MOTION for Anne Adams Hill to Withdraw as Counsel by Alabama Department of Corrections, State of Alabama. (Hill, Anne) Modified on 9/13/2018 to include name requesting withdrawal. (dmn, ) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
33

TEXT ORDER granting 32 Motion for Anne Adams Hill to Withdraw as Counsel. Signed by Honorable Judge Myron H. Thompson on 9/13/2018. (dmn, ) (NO PDF) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER

*** Attorney Anne Adams Hill terminated pursuant to Court 33 Text Order. (dmn, ) (NO PDF)

Sept. 13, 2018

Sept. 13, 2018

PACER
34

NOTICE of Filing Tutwiler Prison for Women "Seventh Monitor Report" by Alabama Department of Corrections, State of Alabama (Attachments: # 1 Exhibit Monitor's Seventh Compliance Report, Part 1, # 2 Exhibit Monitor's Seventh Compliance Report, Part 2)(McCollum, Carrie) Modified on 2/26/2019 to reflect actual title and include exhibit description. (dmn, ) (Entered: 02/25/2019)

1 Exhibit

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2 Exhibit

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Feb. 25, 2019

Feb. 25, 2019

PACER

***Attorney Carrie Ellis McCollum added for Alabama Department of Corrections, and State of Alabama. (dmn, ) (NO PDF, see Doc. 34 .)

Feb. 25, 2019

Feb. 25, 2019

PACER
35

MOTION to Substitute United States Attorney James J. Dubois in place of former Assistant United States Attorney Jerusha T. Adams by United States of America. (DuBois, James) Modified on 2/27/2019 to include attorney names. (dmn, ) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER
36

TEXT ORDER granting 35 Motion to Substitute Attorney. Signed by Honorable Judge Myron H. Thompson on 2/27/2019. (dmn, ) (NO PDF) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER

*** Attorney Jerusha Tatiana Adams terminated. (dmn, ) (NO PDF, see 36 Text Order.)

Feb. 27, 2019

Feb. 27, 2019

PACER
37

NOTICE of Filing Tutwiler Prison for Women "Eight Month Report" by Alabama Department of Corrections, State of Alabama (Attachments: # 1 Exhibit, # 2 Exhibit)(McCollum, Carrie) (Entered: 08/27/2019)

1 Exhibit

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2 Exhibit

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Aug. 27, 2019

Aug. 27, 2019

PACER
38

NOTICE of Appearance by Samantha R. Miller on behalf of United States of America (Miller, Samantha) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER

Case Reassigned to Honorable Judge Susan Russ Walker as referral judge; Honorable Judge Terry F. Moorer no longer assigned to the case. (No PDF attached to this entry) (bes, )

Jan. 6, 2020

Jan. 6, 2020

PACER
39

NOTICE of Filing Tutwiler Prison for Women "Ninth Monitor Report" by Alabama Department of Corrections, State of Alabama (Attachments: # 1 Exhibit, # 2 Exhibit)(McCollum, Carrie) (Main Document 39 replaced on 3/2/2020 to attach a corrected PDF document to properly reflect the initials of the Referral Judge in the case number as "SRW" and not "TFM") (amf, ). Modified on 3/2/2020 (amf, ). (Entered: 02/27/2020)

1 Exhibit

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2 Exhibit

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Feb. 27, 2020

Feb. 27, 2020

PACER
40

NOTICE of Correction re 39 Notice of Filing Tutwiler Prison for Women "Ninth Monitor Report", to attach a corrected PDF document to properly reflect the initials of the Referral Judge in the case number as "SRW" and not "TFM". (Attachments: # 1 Main PDF to Document 39 )(amf, ) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
41

NOTICE To Court of Parties Joint Agreement to Postpone Compliance Tour and Issue Interim Compliance Report by United States of America (Miller, Samantha) Modified on 5/18/2020 to clarify the docket text (bes, ). (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
42

ORDER directing that the parties' joint agreement to postpone compliance tour and issue interim compliance report (doc. no. 41 ) is approved.. Signed by Honorable Judge Myron H. Thompson on 5/29/2020. (djy, ) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
43

NOTICE of Filing Tutwiler Prison for Women "Ninth Month Report" by Alabama Department of Corrections, State of Alabama (Attachments: # 1 Exhibit)(McCollum, Carrie) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
44

ORDER: it is ORDERED that: 1) A hearing is set for 9/29/2020, at 9:00 AM, by videoconferencing; The Clerk is to make appropriate arrangements; 2) On or before 9/24/2020, the parties are to file a statement, separately or joint, explaining their understanding of the above issues. Signed by Honorable Judge Myron H. Thompson on 9/4/2020. (Furnished: Calendar & AG)(amf, ) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
45

NOTICE of Appearance by Carrie G Shaw on behalf of Alabama Department of Corrections, State of Alabama (Shaw, Carrie) (Main Document 45 replaced on 9/24/2020 to attach a corrected PDF document to properly reflect the initials of the Referral Judge in the case number as "SRW" and not "TFM") (amf, ). Modified on 9/24/2020 (amf, ). (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
46

NOTICE of Correction re 45 Notice of Appearance, to attach a corrected PDF document to properly reflect the initials of the Referral Judge in the case number as "SRW" and not "TFM". (Attachments: # 1 Main PDF to Document 45 )(amf, ) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
47

(JOINT STATEMENT) Response to Order re 44 Order by United States of America. (Miller, Samantha) Modified on 9/24/2020 to clarify the docket text (amf, ). (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
48

NOTICE of Appearance by William Richard Lunsford on behalf of Alabama Department of Corrections, State of Alabama (Lunsford, William) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
49

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 9/29/2020 (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Main Document 49 replaced on 9/29/2020) (ag, ). (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

PACER
50

ORDER: it is ORDERED that another status conference is set for 9/29/2021, at 10:00 AM, by videoconferencing; The Clerk is to make appropriate arrangements; On or before 9/24/2021, the parties are instructed to file a joint report explaining their understanding of the current status of the understaffing issue. Signed by Honorable Judge Myron H. Thompson on 10/1/2020. (Furnished: Calendar & AG) (amf, ) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

RECAP
51

ORDER: It is ORDERED that the court reporter shall file an official transcript of the 9/29/2020, hearing on the record. Signed by Honorable Judge Myron H. Thompson on 10/22/2020. (Furnished: Court Reporters)(amf, ) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
52

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/29/2020, before Judge Myron H. Thompson; Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334-322-8053; 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 11/25/2020; Redacted Transcript Deadline set for 12/7/2020; Release of Transcript Restriction set for 2/2/2021. (amf, ) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
53

NOTICE of Filing TUTWILER PRISON FOR WOMEN "ELEVENTH MONITOR REPORT" by Alabama Department of Corrections, State of Alabama (Attachments: # 1 Exhibit)(McCollum, Carrie) Modified on 3/1/2021 to clarify text & add SOA as a filer (cwl, ). (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
54

NOTICE of Appearance by Joshua C. Delaney on behalf of United States of America (Delaney, Joshua) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
55

MOTION to Substitute Counsel by United States of America. (Miller, Samantha) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
56

TEXT ORDER granting 55 Motion to Substitute Counsel. Signed by Honorable Judge Myron H. Thompson on 6/14/2021. (No PDF attached to this entry) (bes, ) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER

***PURSUANT TO THE 55 MOTION & 56 TEXT ORDER - Attorney Maura M. Klugman for United States of America added; Attorney Mary Regina Bohan and Aaron S Fleisher terminated. (No PDF attached to this entry) (bes, )

June 14, 2021

June 14, 2021

PACER

Order on Motion to Substitute

June 14, 2021

June 14, 2021

PACER
57

NOTICE of Filing Tutwiler Prison for Women "Twelfth Monitor Report" by Alabama Department of Corrections, State of Alabama (Attachments: # 1 Exhibit)(Shaw, Carrie) Modified on 8/31/2021 to clarify text & add SOA as a filer (cwl, ). (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
58

Response to Order re 50 Order, Parties' Joint Statement Pursuant to this Court's October 1, 2020 Order by Alabama Department of Corrections. (Shaw, Carrie) Modified on 9/24/2021 to clean up text (cwl, ). (Entered: 09/24/2021)

Sept. 24, 2021

Sept. 24, 2021

PACER
59

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Status Conference held on 9/29/2021 (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
60

ORDER: it is ORDERED that: (1) Another status conference is set for 3/28/2022, at 9:00 a.m., by videoconferencing. The clerk of the court is to make appropriate arrangements. (2) On or before 3/21/2022, the parties are to file a statement, separately or jointly, as to the status of the consent decree, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/30/2021. (furn: calendar, ag, videoconference) (cwl, ) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

RECAP
64

ORDER: it is ORDERED that: (1) Another status conference is set for 9/16/2022, at 9:00 a.m., by videoconferencing. The clerk of the court is to make appropriate arrangements. (2) On or before 9/9/2022, the parties are to file a statement, separa tely or jointly, as to the status of the consent decree. In the report(s), the parties should also update the court on how they are progressing with regard to the benchmark deadlines discussed in their most recent joint status report (Doc. 62 ). It is further ORDERED that the parties, with input from the Monitor, are to file, on or before 4/4/2022, a joint statement defining the APOSTC issue. Signed by Honorable Judge Myron H. Thompson on 3/29/2022. (furn: calendar, ag, videoconference) (cwl, )

March 29, 2022

March 29, 2022

RECAP
66

ORDER: it is ORDERED that the parties are to meet, and, after receiving input from the monitor, submit to the court by 4/26/2022, a joint proposal for the timely resolution of the issue of compliance with § III.C.1.i.1 of the consent decree ( Doc. 11 ) that has been pending since 2015, including what steps to take, how to involve those needed for timely resolution (in particular, APOSTC), and how to involve them. Signed by Honorable Judge Myron H. Thompson on 4/13/2022. (amf, )

April 13, 2022

April 13, 2022

RECAP
68

Order

May 2, 2022

May 2, 2022

PACER
72

~Util - Set Hearings AND Order

Aug. 18, 2022

Aug. 18, 2022

PACER
73

Withdraw as Attorney

Aug. 18, 2022

Aug. 18, 2022

PACER

Order on Motion to Withdraw as Attorney

Aug. 19, 2022

Aug. 19, 2022

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Civil Rights Division Archival Collection

Multi-LexSum (in sample)

Key Dates

Filing Date: May 28, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Department of Justice, Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Alabama Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2015 - None

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Auditing

Training

Issues

General:

Assault/abuse by staff

Disciplinary procedures

Failure to train

Food service / nutrition / hydration

Gay/lesbian/transgender

Incident/accident reporting & investigations

Prison Rape Elimination Act

Sanitation / living conditions

Sex w/ staff; sexual harassment by staff

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Medical/Mental Health:

Dental care

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run