Case: Duke v. Dunn

4:14-cv-01952 | U.S. District Court for the Northern District of Alabama

Filed Date: Oct. 13, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 28, 2015, eleven men imprisoned in the Alabama Department of Correction's St. Clair Correctional Facility brought this lawsuit in the U.S. District Court for the Northern District of Alabama. Represented by The Equal Justice Initiative of Alabama, a non-profit public interest group, they argued that the Alabama Department of Correction’s practices and policies resulted in a prison environment that amounted to cruel and unusual punishment, in violation of the Eighth and Fourteenth Amen…

On August 28, 2015, eleven men imprisoned in the Alabama Department of Correction's St. Clair Correctional Facility brought this lawsuit in the U.S. District Court for the Northern District of Alabama. Represented by The Equal Justice Initiative of Alabama, a non-profit public interest group, they argued that the Alabama Department of Correction’s practices and policies resulted in a prison environment that amounted to cruel and unusual punishment, in violation of the Eighth and Fourteenth Amendments. They cited 42 U.S.C. §1983 and 28 U.S.C. § 2201 as their causes of action, and they sought class action certification to represent all of the prisoners at St. Clair Correctional Facility. The plaintiffs asked the court both for a declaration that the prison’s policies are unconstitutional, and an injunction requiring the prison to change its policies and practices.

In arguing that the Alabama Department of Correction’s actions at St. Clair’s constituted cruel and unusual punishment, plaintiffs argued that the Alabama Department of Corrections had allowed a pervasive culture of violence to develop in the prison. Partly, this allegedly stemmed from chronic overcrowding, under-staffing, and design flaws at the prison. Plaintiffs claimed that there were many blind spots in the prison where prison officials are unable to monitor prisoners’ activities, allowing prisoners to carry out assaults with impunity. They also claimed that prison employees failed to perform proper maintenance on the locks of individual cells, allowing prisoners to leave their own cells and enter other cells to commit assaults.

Additionally, plaintiffs argued that prison officials didn't provide inmates with adequate therapeutic, educational, rehabilitative, and vocational services, and that this failure had further contributed to the violence. This was especially true with regard to the prison’s treatment of prisoners with drug addictions and mental illness. Plaintiffs argued that prison officials put those prisoners into punitive segregation rather than providing treatment. This served to exacerbate their conditions, resulting in even more violence when they were placed back into the general prison population.

Plaintiffs claimed that the prison consistently failed to properly respond to sexual assaults. They alleged that prisoners known to be at risk of committing sexual assaults, and prisoners known to be at risk of being sexually assaulted, were often housed together. Plaintiffs also claimed that prison officials often failed to provide counseling to victims, failed to properly investigate crimes, and either failed to protect victims from retaliation or placed those victims in isolation.

Plaintiffs further claimed that prison employees directly contributed to prison violence. They cited a number of incidents in which prison officials had used violence against inmates, often resulting in serious injuries requiring medical care. They also alleged that prison employees, in addition to failing to prevent inmates from smuggling in drugs, often sell drugs and other contraband themselves, exacerbating drug addiction problems and resulting in further violence.

On February 17, 2015, the judge assigned to the case, District Judge Virginia Emerson Hopkins, denied most of defendants’ motion to dismiss plaintiffs’ claims; though she did grant their request to terminate one of the named plaintiffs because that plaintiff had been transferred to a different correctional facility. Defendants sought review in the U.S. Court of Appeals for the Eleventh Circuit, by filing for a (discretionary) writ of mandamus, but on June 16, 2015, the Eleventh Circuit denied that petition without explanation.

For the next several months, the parties engaged in discovery. On October 20, 2016, the plaintiffs filed a motion for summary judgement, but on October 23, 2016, Judge Virginia Emerson Hopkins issued an order referring the case to mediation and therefore staying the matter for 180 days so the mediation could be conducted. The stay to allow for mediation was extended twice until August 30, 2017.

On December 1, 2017, the parties filed a joint motion for settlement and administrative closure of the case. The parties notified the court that they had reached a private settlement agreement, the terms of which were not disclosed, and requested that the administrative closure remained in effect for the term of agreement (2 years, until November 1, 2019) at which point the case would be dismissed unless, during this period, a motion for reinstatement was made and granted according to the procedures set forth in the settlement agreement.

On December 5, 2017, Judge Virginia Emerson Hopkins issued an order administratively closing the case as requested by the parties.

In 2018, plaintiffs initiated the settlement agreement's dispute resolution process and engaged in extensive mediation with the state. Plaintiffs alleged that the State had failed to comply with the promises included in the settlement agreement.

In June 2019, Alabama entered into a mediation process with the Department of Justice on issues that overlap with the issues raised in this case. The parties submitted a joint request to stay and retain jurisdiction on October 29, 2019. Plaintiffs agreed to stay reinstatement of the case pursuant to an agreement that provided a nine-month period for the parties to reach a mutually acceptable resolution of the issues giving rise to the lawsuit. The agreement also provided for the case to be reinstated pursuant to 18 U.S.C. § 3626(c)(2). In accordance with the request of the parties, Magistrate Judge John E. Ott entered the order and stayed the case until August 1, 2020.

Summary Authors

Ryan Berry (6/28/2016)

Daniele de Oliveira Nunes (11/2/2018)

Claire Shimberg (4/18/2020)

Related Cases

Braggs v. Dunn, Middle District of Alabama (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4127047/parties/duke-v-dunn/


Judge(s)

Hopkins, Virginia Emerson (Alabama)

Attorneys(s) for Plaintiff

Becker, Ryan Christopher (Alabama)

Crowder, Carla Camille (Alabama)

Morrison, Charlotte Randolph (Alabama)

Stevenson , Bryan A. (Alabama)

Swiergula, Jennae Rose (Alabama)

Attorneys(s) for Defendant

Athanas, William C. (Alabama)

Butler, Albert Sims (Alabama)

Childs, Larry Brittain (Alabama)

Fant, Michael A. Jr. (Alabama)

Judge(s)

Hopkins, Virginia Emerson (Alabama)

Attorneys(s) for Plaintiff

Becker, Ryan Christopher (Alabama)

Crowder, Carla Camille (Alabama)

Morrison, Charlotte Randolph (Alabama)

Stevenson , Bryan A. (Alabama)

Swiergula, Jennae Rose (Alabama)

Attorneys(s) for Defendant

Athanas, William C. (Alabama)

Butler, Albert Sims (Alabama)

Childs, Larry Brittain (Alabama)

Fant, Michael A. Jr. (Alabama)

Harmon, Bart Gregory (Alabama)

Prueter, Charles Walton (Alabama)

Documents in the Clearinghouse

Document

4:14-cv-01952

Docket [PACER]

Nov. 12, 2019

Nov. 12, 2019

Docket
1

4:14-cv-01952

Complaint

Oct. 13, 2014

Oct. 13, 2014

Complaint
20

4:14-cv-01952

Memorandum Opinion and Order

Feb. 17, 2015

Feb. 17, 2015

Order/Opinion
53

4:14-cv-01952

Second Amended Complaint

Aug. 28, 2015

Aug. 28, 2015

Complaint
180

4:14-cv-01952

Notice of Settlement and Request for Administrative Closure

Dec. 1, 2017

Dec. 1, 2017

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4127047/duke-v-dunn/

Last updated Aug. 8, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas, filed by Allan Williams, Michael Mays, Mark Duke, Antonio Cheatham, Derrick White, Robert Woods, Dale Gilley, Franky Johnson, James Edwards.(AVC) (Entered: 10/14/2014)

Oct. 13, 2014

Oct. 13, 2014

RECAP
2

NOTICE regarding consent of a civil action to a magistrate judge. (AVC) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER

Filing Fee Received

Oct. 14, 2014

Oct. 14, 2014

PACER
3

UNIFORM INITIAL ORDER - with appendices attached. Signed by Judge Virginia Emerson Hopkins on 10/14/14. (KWC) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
4

ORDER REGARDING RULE 7.1. Signed by Judge Virginia Emerson Hopkins on 04/28/09. (KWC) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER

Filing Fee received in the amount of $400.00, receipt number B4601056674. (JLC)

Oct. 14, 2014

Oct. 14, 2014

PACER
5

Request for service by certified mail filed by Antonio Cheatham. (JLC) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
6

Summons Issued as to Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders and Kim Thomas via certified U.S. Mail on this the 15th day of October, 2014. (JLC) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
7

SUMMONS Returned Executed on Karen Carter, served on 10/16/2014, answer due 11/6/2014; Carter Davenport served on 10/16/2014, answer due 11/6/2014; Eric Evans served on 10/16/2014, answer due 11/6/2014; Gary Malone served on 10/16/2014, answer due 11/6/2014; Carl Sanders served on 10/16/2014, answer due 11/6/2014. (JLC) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
8

SUMMONS Returned Executed on James Deloach, served on 10/20/2014, answer due 11/10/2014; Greg Lovelace served on 10/20/2014, answer due 11/10/2014; Terrance McDonnell served on 10/20/2014, answer due 11/10/2014; Kim Thomas served on 10/20/2014, answer due 11/10/2014. (JLC) (Entered: 10/23/2014)

Oct. 23, 2014

Oct. 23, 2014

PACER
9

NOTICE of Appearance by Albert S Butler on behalf of All Defendants (Butler, Albert) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER
10

Consent MOTION for Extension of Time by Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas. (Childs, Larry) (Entered: 11/06/2014)

Nov. 6, 2014

Nov. 6, 2014

PACER
11

TEXT ORDER GRANTING 10 Consent MOTION for Extension of Time to file answer/response filed by Greg Lovelace, Grant Culliver, Terrance McDonnell, James Deloach, Carl Sanders, Karen Carter, Kim Thomas, Gary Malone, Eric Evans, Carter Davenport. Answer/response due by 12/9/2014. Signed by Judge Virginia Emerson Hopkins on 11/7/14. (KWC) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
12

Alias Summons Reissued as to Grant Culliver via certified U.S.Mail on this the 12th day of November, 2014. (JLC) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER
13

MOTION to Dismiss by Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas. (Fant, Michael) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

PACER
14

Brief re 13 MOTION to Dismiss filed by Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas. (Attachments: # 1 Exhibit)(Fant, Michael) (Entered: 12/09/2014)

1 Exhibit

View on PACER

Dec. 9, 2014

Dec. 9, 2014

PACER
15

ANSWER to 1 Complaint, by Kim Thomas.(Fant, Michael) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

PACER
16

Consent MOTION for Extension of Time by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Swiergula, Jennae) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
17

TEXT ORDER granting 16 consent Motion for Extension of Time. The Rule 26 meeting shall occur 20 days after the court rules on the pending motion to dismiss 13 . Signed by Judge Virginia Emerson Hopkins on 12/17/14. (KWC) (Entered: 12/17/2014)

Dec. 17, 2014

Dec. 17, 2014

PACER

Add and Terminate Judges

Dec. 17, 2014

Dec. 17, 2014

PACER

Magistrate Judge Harwell G Davis, III added. (JLC)

Dec. 17, 2014

Dec. 17, 2014

PACER
18

RESPONSE to Motion re 13 MOTION to Dismiss filed by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

RECAP
19

RESPONSE in Support re 13 MOTION to Dismiss filed by Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas. (Fant, Michael) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

RECAP
20

MEMORANDUM OPINION AND ORDER-re: 13 MOTION to Dismiss. It is hereby ORDERED, that dfts' motion is GRANTED to the extent that it seeks dismissal of the claims of Derrick White. All claims of pltf Derrick White are DISMISSED with prejudice. In all other respects, the motion is DENIED. Signed by Judge Virginia Emerson Hopkins on 2/17/2015. (AVC) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
21

MOTION re 20 Order,, Terminate Motions, Motion to Amend For Certification For Interlocutory Appeal Of The Court's Order Denying Defendants' Motion to Dismiss by Karen Carter, Grant Culliver, Carter Davenport, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders. (Childs, Larry) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
22

Joint MOTION to Substitute Party by Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas. (Fant, Michael) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
23

ORDER DENYING 21 MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL. Signed by Judge Virginia Emerson Hopkins on 3/3/2015. (JLC) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
24

TEXT ORDER granting 22 Motion to Substitute Party. Further, the parties shall notify the court when Jefferson S. Dunn takes office as the Commissioner of the ADOC. Signed by Judge Virginia Emerson Hopkins on 3/3/15. (JTR) Modified on 3/3/2015 (JLC). (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
25

MOTION for Extension of Time by Karen Carter, Grant Culliver, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, William G. Sharp, Jr. (Fant, Michael) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
26

REPORT of Rule 26(f) Planning Meeting. (Fant, Michael) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
27

NOTICE by Karen Carter, Grant Culliver, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Jefferson S Dunn of Service (Fant, Michael) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
28

NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell of Taking Office (Fant, Michael) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
29

NOTICE by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Allan Williams, Robert Woods (Swiergula, Jennae) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

PACER
30

AMENDED ANSWER to Complaint 1 Complaint, by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Fant, Michael) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

PACER
31

TEXT ORDER finding as moot 25 Motion for Extension of Time to file Rule 26 report. Signed by Judge Virginia Emerson Hopkins on 4/10/15. (KWC) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

PACER
32

TEXT NOTICE of Hearing: Scheduling Conference (per request in Rule 26(f) report) set for 4/22/2015 at 02:00 PM, in Hugo L Black US Courthouse, 6th floor chambers, Birmingham, AL before Judge Virginia Emerson Hopkins. (KWC) (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

PACER
33

NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell of Service of Defendants' First Interrogatories, Defendants' First Requests for Procution and Defendants' Responses to Plaintiffs' Request for Prodcution of Documents (Fant, Michael) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

PACER

Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Scheduling Conference held on 4/22/2015. (KWC)

April 22, 2015

April 22, 2015

PACER

Scheduling Conference

April 22, 2015

April 22, 2015

PACER
34

SCHEDULING ORDER: Plaintiff(s) may amend pleadings and/or join additional parties by August 21, 2015. Defendant (s) may amend pleadings and/or join additional parties by September 18, 2015. Discovery due by 1/29/2016. See all other deadlines and instructions as set out herein. Signed by Judge Virginia Emerson Hopkins on 4/22/2015. (JLC) (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

RECAP

Set Deadlines: Class Certification Motions due by 10/2/2015. (KWC)

April 23, 2015

April 23, 2015

PACER

Set/Reset Deadlines

April 23, 2015

April 23, 2015

PACER
35

Joint MOTION for Protective Order by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Attachments: # 1 Exhibit Exhibit 1 Proposed Order)(Fant, Michael) (Entered: 04/30/2015)

1 Exhibit Exhibit 1 Proposed Order

View on PACER

April 30, 2015

April 30, 2015

RECAP
36

MOTION to Take Deposition from Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Allan Williams and Robert Woods by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Fant, Michael) (Entered: 05/13/2015)

May 13, 2015

May 13, 2015

PACER
37

TEXT ORDER granting 36 Motion to Take Deposition from listed parties. Signed by Judge Virginia Emerson Hopkins on 05/14/2015. (KWC) (Entered: 05/14/2015)

May 14, 2015

May 14, 2015

PACER
38

NOTICE of Appearance by Charles Walton Prueter on behalf of All Defendants (Prueter, Charles) (Entered: 05/14/2015)

May 14, 2015

May 14, 2015

PACER
39

NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell of Service of Discovery Documents (Fant, Michael) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

PACER
40

ORDER GRANTING 35 Joint MOTION for Protective Order. STIPULATED PROTECTIVE ORDER. Signed by Judge Virginia Emerson Hopkins on 5/20/2015. (JLC) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
41

NOTICE of USCA ORDER DENYING Petitioner's Petition for a Writ of Mandamus by Circuit Judges William Pryor and Julie Carnes. (JLC) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

PACER
42

SECOND NOTICE of USCA ORDER DENYING Petitioner's Petition for a Writ of Mandamus by Circuit Judges Jill Pryor and Julie Carnes. (JLC) (Entered: 06/22/2015)

June 22, 2015

June 22, 2015

RECAP
43

FIRST AMENDED COMPLAINT by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods, Michael McGregor, John Miller. (Morrison, Charlotte) (Entered: 07/10/2015)

July 10, 2015

July 10, 2015

PACER
44

ANSWER to 43 First Amended Complaint by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell (Prueter, Charles) Modified on 7/24/2015 (JLC). (Entered: 07/24/2015)

July 24, 2015

July 24, 2015

PACER
45

MOTION to Take Deposition from Michael McGregor and John Miller by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Fant, Michael) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
46

MOTION for Hipaa Order by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
47

ORDER granting 45 Motion to Take Deposition. Signed by Judge Virginia Emerson Hopkins on 8/13/2015. (AVC) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
48

NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell of Service of Deposition Notices (Fant, Michael) (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
49

NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell of Service of Interrogatories (Fant, Michael) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
50

TEXT ORDER GRANTING 46 MOTION for Hipaa Order. Signed by Judge Virginia Emerson Hopkins on 8/21/2015. (JLC) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
51

QUALIFIED HIPAA PROTECTIVE ORDER. Signed by Judge Virginia Emerson Hopkins on 8/21/2015. (JLC) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

PACER
52

NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell of Service of Responses and Objections to Plaintiffs' Second Request for Production of Documents (Fant, Michael) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
53

SECOND AMENDED COMPLAINT by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Morrison, Charlotte) Modified on 8/28/2015 (JLC). (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

RECAP
54

TEXT ORDER re 53 Amended Document filed by Robert Woods, Allan Williams, Franky Johnson, Derrick White, Mark Duke, Michael Mays, James Edwards, Antonio Cheatham, Dale Gilley -- The court's scheduling order, entered in this case on April 22, 2015, provides "Plaintiff(s) may amend pleadings and/or join additional parties, in accordancewith Fed. R. Civ. P. 15, until August 21, 2015." (Doc. 34 at 3). Further, Rule 15(a)(2) provides that, after the first amendment, a party may amend "only with the opposing party's written consent or the court's leave." The Second Amended Complaint, filed on August 28, 2015, has been filed beyond the deadline for amendments, the court has seen no indication that the opposing party has given consent to the amendment, and leave of court for the amendment has not been requested. The plaintiff shall SHOW CAUSE within 7 days why the Second Amended Complaint should not be STRICKEN. Signed by Judge Virginia Emerson Hopkins on 8/31/15. (JTR) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

PACER
55

MOTION to Amend/Correct by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
56

TEXT ORDER granting 55 Motion to Amend/Correct -- The motion is GRANTED as unopposed. The prior filed Second Amended Complaint is deemed filed this date. Defendant shall file an answer, or otherwise respond by 9/24/2015. Signed by Judge Virginia Emerson Hopkins on 9/3/15. (JTR) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
57

Joint MOTION to Dismiss Official Capacity Defendant, Carl Sanders by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
58

Joint MOTION for Extension of Time by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
59

NOTICE of Appearance by Bart G Harmon on behalf of Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, William G. Sharp, Jr (Harmon, Bart) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
60

ORDER granting 58 Motion for Extension of Time as set out in the motion. Signed by Judge Virginia Emerson Hopkins on 9/21/15. (JTR) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
61

ORDER GRANTING 57 Joint MOTION to Dismiss Carl Sanders who is sued in his Official Capacity. Carl Sanders (Captain) terminated. Signed by Judge Virginia Emerson Hopkins on 9/21/2015. (JLC) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

PACER
62

Answer to 53 Second Amended Complaint by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell (Prueter, Charles) Modified on 9/23/2015 (JLC). (Entered: 09/22/2015)

Sept. 22, 2015

Sept. 22, 2015

PACER
63

MOTION for Extension of Time by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 09/30/2015)

Sept. 30, 2015

Sept. 30, 2015

PACER
64

Amended MOTION for Extension of Time by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER
65

TEXT ORDER granting 64 unopposed Amended MOTION for Extension of Time filed by Robert Woods, Allan Williams, Franky Johnson, Derrick White, Mark Duke, Michael Mays, James Edwards, Dale Gilley, and terming as MOOT 63 MOTION for Extension of Time. Discovery due by 3/11/2016. Pla motion for Class Certification due by 12/1/2015; Pla expert disclosure and reports ddl is 12/1/2015; Dft response to motion for class certification is due by 2/1/2016; dft expert disclosure and reports ddl is 2/1/2016; pla reply in support of mtn for Class Certification is due by 4/1/2016. Signed by Judge Virginia Emerson Hopkins on 10/2/2015. (KWC, ) (Entered: 10/02/2015)

Oct. 2, 2015

Oct. 2, 2015

PACER
66

NOTICE OF SERVICE OF DISCOVERY DOCUMENTS by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Fant, Michael) Modified on 10/20/2015 (JLC). (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

PACER
67

NOTICE OF SERVICE OF DISCOVERY DOCUMENTS by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Fant, Michael) Modified on 10/21/2015 (JLC). (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

PACER
68

NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell of Service (Fant, Michael) (Entered: 10/29/2015)

Oct. 29, 2015

Oct. 29, 2015

PACER
69

NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell of Service (Fant, Michael) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

PACER
70

MOTION for Extension of Time by Mark Duke. (Morrison, Charlotte) (Entered: 11/11/2015)

Nov. 11, 2015

Nov. 11, 2015

PACER
71

ORDER GRANTING 70 unopposed MOTION for Extension of Time as set out in motion filed by Mark Duke. Plas motion for Class Cert ddl is 2/1/2016; plas expert reports ddl is 2/1/2016; dfts' response to Motion for Class Cert ddl is 5/2/2016; dfts' expert disclosure ddl is 5/2/2016. Discovery due by 7/1/2016. Dispositive Motions due by 8/1/2016. Signed by Judge Virginia Emerson Hopkins on 12/01/2015. (KWC) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

PACER
72

NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell Of Service (Fant, Michael) (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

PACER
73

MOTION for Extension of Time by Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Michael McGregor, John Miller, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

PACER
74

MOTION for Extension of Time (Corrected) by Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Michael McGregor, John Miller, Allan Williams, Robert Woods. (Morrison, Charlotte) Modified on 1/27/2016 (KWC) (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

PACER
75

RESPONSE in Opposition re 74 MOTION for Extension of Time (Corrected) filed by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5)(Prueter, Charles) (Entered: 01/27/2016)

1 Exhibit A

View on PACER

2 Exhibit A-1

View on PACER

3 Exhibit A-2

View on PACER

4 Exhibit A-3

View on PACER

5 Exhibit A-4

View on PACER

6 Exhibit A-5

View on PACER

Jan. 27, 2016

Jan. 27, 2016

PACER
76

REPLY to Defendants Opposition to Plaintiffs' Motion for Extension of Time filed by Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Michael McGregor, John Miller, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
77

TEXT ORDER finding as moot 73 Motion for Extension of Time; granting in part and denying in part 74 Motion for Extension of Time. All deadlines which had not expired as of the date that 73 Motion for Extension of Time was filed are hereby extended by 21 days. In all other respects, 74 Motion for Extension of Time is denied. Signed by Judge Virginia Emerson Hopkins on 1/28/2016. (Hopkins, Virginia) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

PACER
78

NOTICE of Service of Discovery Documents by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell (Fant, Michael) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

PACER
79

MOTION for Enlargement of Page Limits by Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Michael McGregor, John Miller, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
80

Supplement to MOTION for Enlargement of Page Limits by Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Michael McGregor, John Miller, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
81

TEXT ORDER finding as moot 79 Motion for Leave to File Excess Pages AND GRANTING 80 unopposed Motion for Leave to File Excess Pages so that briefs may be no more than 100 pages; same number of excess pages is extended to dfts as well. Signed by Judge Virginia Emerson Hopkins on 2/19/2016. (KWC) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
82

MOTION to Certify Class by Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Michael McGregor, John Miller, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
83

MOTION Motion to File Under Temporary Seal by Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Michael McGregor, John Miller, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

RECAP
84

NOTICE by Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Michael McGregor, John Miller, Allan Williams, Robert Woods (Morrison, Charlotte) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
85

RESPONSE to Motion re 83 MOTION Motion to File Under Temporary Seal filed by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Fant, Michael) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
86

MOTION to Strike the Expert Report of Martin Horn by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Prueter, Charles) (Entered: 02/24/2016)

Feb. 24, 2016

Feb. 24, 2016

PACER
87

REPLY to Response to Motion re 83 MOTION Motion to File Under Temporary Seal filed by Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Michael McGregor, John Miller, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
88

RESPONSE to Motion re 86 MOTION to Strike the Expert Report of Martin Horn filed by Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Michael McGregor, John Miller, Allan Williams, Robert Woods. (Attachments: # 1 Exhibit May 15 Letter)(Morrison, Charlotte) (Entered: 03/01/2016)

1 Exhibit May 15 Letter

View on PACER

March 1, 2016

March 1, 2016

PACER
89

ORDER GRANTING 83 MOTION to File Under Seal. However, the seal is not temporary, and it will remain in place without the need for the defendants to make any showing, absent a motion by a party to lift the seal as to particular documents. Further, contemporaneous with such sealed filing, plaintiffs shall file, not under seal, a redacted version of all documents filed under seal. Signed by Judge Virginia Emerson Hopkins on 3/1/2016. (JLC) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
90

***FILED UNDER SEAL*** Brief in Support of Class Certification and Exhibits. (Attachments: # 1 Exhibit Index) # 2 Exhibit 1, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 30, # 30 Exhibit 31, # 31 Exhibit 32, # 32 Exhibit 33, # 33 Exhibit 34, # 34 Exhibit 35, # 35 Exhibit 36, # 36 Exhibit 37, # 37 Exhibit 38, # 38 Exhibit 39, # 39 Exhibit 40, # 40 Exhibit 41, # 41 Exhibit 42, # 42 Exhibit 43, # 43 Exhibit 44, # 44 Exhibit 45, # 45 Exhibit 46, # 46 Exhibit 47, # 47 Exhibit 48, # 48 Exhibit 49, # 49 Exhibit 50, # 50 Exhibit 51, # 51 Exhibit 52, # 52 Exhibit 53, # 53 Exhibit 54, # 54 Exhibit 55, # 55 Exhibit 56, # 56 Exhibit 57, # 57 Exhibit 58, # 58 Exhibit 59, # 59 Exhibit 60, # 60 Exhibit 61, # 61 Exhibit 62, # 62 Exhibit 63, # 63 Exhibit 64, # 64 Exhibit 65, # 65 Exhibit 66, # 66 Exhibit 67, # 67 Exhibit 68, # 68 Exhibit 69, # 69 Exhibit 70, # 70 Exhibit 71, # 71 Exhibit 72, # 72 Exhibit 73, # 73 Exhibit 74, # 74 Exhibit 75, # 75 Exhibit 76, # 76 Exhibit 77, # 77 Exhibit 78, # 78 Exhibit 79, # 79 Exhibit 80, # 80 Exhibit 81, # 81 Exhibit 82, # 82 Exhibit 83, # 83 Exhibit 84, # 84 Exhibit 85, # 85 Exhibit 86, # 86 Exhibit 87, # 87 Exhibit 88, # 88 89, # 89 Exhibit 90, # 90 Exhibit 91, # 91 Exhibit 92, # 92 Exhibit 93, # 93 Exhibit 94, # 94 Exhibit 95, # 95 Exhibit 96, # 96 Exhibit 97, # 97 Exhibit 98, # 98 Exhibit 99, # 99 Exhibit 100, # 100 Exhibit 101, # 101 Exhibit 102, # 102 Exhibit 103, # 103 Exhibit 104, # 104 Exhibit 105, # 105 Exhibit 106, # 106 Exhibit 107) (JLC). (Additional attachment(s) added on 3/1/2016: # 107 Exhibit 2 Part 1, # 108 Exhibit 2 Part 2, # 109 Exhibit 2 Part 3, # 110 Exhibit 2 Part 4, # 111 Exhibit 2 Part 5, # 112 Exhibit 29) (JLC, ). (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

PACER
91

RESPONSE in Support re 86 MOTION to Strike the Expert Report of Martin Horn filed by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Prueter, Charles) (Entered: 03/02/2016)

March 2, 2016

March 2, 2016

PACER
92

NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone (Prueter, Charles) (Entered: 03/03/2016)

March 3, 2016

March 3, 2016

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 13, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prisoners at the St. Clair Correctional Facility of the Alabama Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Initiative (EJI)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Alabama Department of Corrections , State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2017 - None

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Conditions of confinement

Counseling

Disciplinary procedures

Disciplinary segregation

Education

Excessive force

Failure to discipline

Failure to supervise

Failure to train

Funding

Grievance Procedures

Incident/accident reporting & investigations

Law library access

Pepper/OC spray

Personal injury

Recreation / Exercise

Rehabilitation

Religious programs / policies

Sexual abuse by residents/inmates

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Work release or work assignments

Affected Gender:

Male

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Mental health care, general

Mental health care, unspecified

Wound care

Type of Facility:

Government-run