Case: United States v. Alabama

2:20-cv-01971 | U.S. District Court for the Northern District of Alabama

Filed Date: Dec. 9, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

At the very end of the Trump administration, the U.S. Department of Justice brought this statewide lawsuit against Alabama, alleging widespread unconstitutional conditions conditions in the state's men's prisons. The case was filed on December 9, 2020, in the U.S. District Court for the Northern District of Alabama (in Birmingham)..On October 6, 2016, the Department of Justice (DOJ) announced that it had opened a statewide investigation into the conditions in Alabama’s prisons for men. Accordin…

At the very end of the Trump administration, the U.S. Department of Justice brought this statewide lawsuit against Alabama, alleging widespread unconstitutional conditions conditions in the state's men's prisons. The case was filed on December 9, 2020, in the U.S. District Court for the Northern District of Alabama (in Birmingham)..

On October 6, 2016, the Department of Justice (DOJ) announced that it had opened a statewide investigation into the conditions in Alabama’s prisons for men. According to theDOJ's press release, the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Offices for the Northern, Middle and Southern Districts of Alabama would conduct the investigation. The team was to investigate whether prisoners were receiving adequate protection from physical harm and sexual abuse by other prisoners, and from excessive force and sexual abuse by corrections officers. The investigation was also to focus on whether the prisons provided sanitary, secure, and safe living conditions. The investigation was to be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA)(42 U.S.C. §1997), which gives the department authority to investigate constitutional rights violations resulting from a “pattern or practice of resistance to the full enjoyment of such rights.”

The DOJ released reports on April 2, 2019, and July 23, 2020. The 2019 report highlighted overcrowding, understaffing, failure to protect inmates from “rampant violence,” failure to prevent illegal drugs from entering the prisons, and inadequate protection of prisoners from highly prevalent sexual abuse by other prisoners, which constituted facility conditions that violated the Constitution. The report also found that the evidence suggested that some ADOC officials were deliberately indifferent to the risk of harm. In addition to going over these problems in greater detail, the report suggested remedial measures to address these issues.

The 2020 report focused on the excessive use of force by corrections officers in ADOC, including chemical spray. The report found that excessive force was common and that there was a lack of accountability for the use of force in ADOC. The parties engaged in several rounds of negotiations to solve the issues identified by DOJ without litigation, but failed to reach a resolution of the defects the DOJ identified.

On December 9, 2020, the DOJ filed a this CRIPA lawsuit. The DOJ alleged ADOC had violated the Eighth and Fourteenth Amendments by “failing to prevent prisoner-on-prisoner violence and sexual abuse . . . failing to protect prisoners from the use of excessive force by security staff, and . . . failing to provide safe conditions of confinement.”

The DOJ sought a declaratory judgement that Alabama had violated the Constitution, and to enjoin ADOC from engaging in the illegal actions, omissions, and practices DOJ had identified along with requiring ADOC to take remedial measures. After the Biden Administration's start, DOJ filed an amended complaint on May 19, 2021. The case remains ongoing.

Summary Authors

Julie Singer (4/13/2017)

Samuel Poortenga (3/15/2021)

John Duffield (7/2/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18729285/parties/united-states-v-state-of-alabama/


Judge(s)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Barr, William P. (District of Columbia)

Chambers, William Russell Jr (Alabama)

Cheek, Jason R (Alabama)

Cosetello, Sean P (Alabama)

Costello, Sandra (Alabama)

Dean, Kerry Krentler (District of Columbia)

Donnelly, Matthew J. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Eppsteiner, George E (District of Columbia)

Judge(s)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Barr, William P. (District of Columbia)

Chambers, William Russell Jr (Alabama)

Cheek, Jason R (Alabama)

Cosetello, Sean P (Alabama)

Costello, Sandra (Alabama)

Dean, Kerry Krentler (District of Columbia)

Donnelly, Matthew J. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Eppsteiner, George E (District of Columbia)

Fox, Deena (District of Columbia)

Franklin, Louis V. (Alabama)

Garland, Merrick B. (District of Columbia)

Harris, Curtis (District of Columbia)

Karlan, Pamela S (District of Columbia)

Krishna, Praveen (Alabama)

Moore, Richard W. (Alabama)

Rosenbaum, Steven H. (District of Columbia)

Ward, Carla (Alabama)

Woodke, Lane H. (Alabama)

Attorneys(s) for Defendant

Lunsford, William R. (Alabama)

Reeves, Matthew (Alabama)

Rogers, Stephen C. (Alabama)

Documents in the Clearinghouse

Document

2:20-cv-01971

Docket [PACER]

United States of America v. Alabama

March 2, 2021

March 2, 2021

Docket

Justice Department Announces Statewide Investigation into Conditions in Alabama’s Prisons for Men

CRIPA Investigation of Alabama's Prisons for Men

No Court

Oct. 6, 2016

Oct. 6, 2016

Press Release

2:20-cv-01971

Investigation of Alabama's State Prisons for Men

No Court

April 2, 2019

April 2, 2019

Findings Letter/Report

2:20-cv-01971

Investigation of Alabama's State Prisons for Men

No Court

July 23, 2020

July 23, 2020

Findings Letter/Report
1

2:20-cv-01971

Complaint

Dec. 9, 2020

Dec. 9, 2020

Complaint
37

2:20-cv-01971

Amended Complaint

United States v. State of Alabama

May 19, 2021

May 19, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18729285/united-states-v-state-of-alabama/

Last updated Aug. 28, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alabama Department of Corrections, State of Alabama, filed by United States of America.(AKD) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

RECAP
2

NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

RECAP
3

Request for service by certified mail filed by United States of America. (Ward, Carla) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

RECAP
4

Request for service by certified mail filed by United States of America. (Ward, Carla) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
5

Summons Issued as to Alabama Department of Corrections and State of Alabama mailed certified mail. (AKD) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

RECAP
6

AFFIDAVIT of Service for Complaint served on Defendants State of Alabama and Alabama Department of Corrections on December 10, 2020, filed by United States of America. (Ward, Carla) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

RECAP
7

Summons and Complaint Returned With COVID-19 Notation from Postal Employee by United States of America as to defendant Alabama Department of Corrections c/o William Lunsford. (AKD) (Entered: 12/16/2020)

Dec. 16, 2020

Dec. 16, 2020

PACER
8

NOTICE of Appearance by Praveen Krishna on behalf of United States of America (Krishna, Praveen) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
9

SUMMONS Returned Executed by United States of America. State of Alabama c/o Attorney General Steve Marshall served on 12/17/2020, answer due 1/7/2021. (AKD) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
10

WAIVER OF SERVICE Returned Executed by United States of America. (Ward, Carla) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
11

WAIVER OF SERVICE Returned Executed by United States of America. Alabama Department of Corrections waiver sent on 12/17/2020, answer due 2/15/2021. (Ward, Carla) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
12

Joint MOTION to clarify Time of Defendants' Response to Complaint by United States of America. (Ward, Carla) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

RECAP
13

TEXT ORDER clarifying that the responsive pleadings of Defendants State of Alabama and Alabama Department of Corrections are due by February 15, 2021. Signed by Magistrate Judge John H. England, III on 1/11/2021. (CDG) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
14

NOTICE of Appearance by William R Lunsford on behalf of Alabama Department of Corrections, State of Alabama (Lunsford, William) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
15

NOTICE of Appearance by Matthew B Reeves on behalf of Alabama Department of Corrections, State of Alabama (Reeves, Matthew) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
16

NOTICE of Appearance by Stephen C Rogers on behalf of Alabama Department of Corrections, State of Alabama (Rogers, Stephen) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

PACER
17

NOTICE OF REASSIGNMENT- The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable R. David Proctor. Please use case number 2:20 CV 1971 RDP on all subsequent pleadings. (AKD) (Entered: 01/25/2021)

Jan. 25, 2021

Jan. 25, 2021

PACER
18

INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 1/27/2021. (KAM) (Entered: 01/27/2021)

Jan. 27, 2021

Jan. 27, 2021

RECAP
19

NOTICE of Appearance by George Eppsteiner on behalf of United States of America (Eppsteiner, George) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
20

MOTION to Dismiss the Complaint by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 02/15/2021)

Feb. 15, 2021

Feb. 15, 2021

PACER
21

RESPONSE in Support re 20 MOTION to Dismiss the Complaint Memorandum of Law in Support of Motion to Dismiss filed by Alabama Department of Corrections, State of Alabama. (Attachments: # 1 Exhibit A - Braggs Liability Opinion, # 2 Exhibit B - Braggs Staffing Remedial Order)(Lunsford, William) (Entered: 02/15/2021)

Feb. 15, 2021

Feb. 15, 2021

PACER
22

TEXT ORDER - This matter is before the court on Defendants Motion to Dismiss and accompanying Memorandum of Law 20 21 . The parties are REMINDED to brief the Motion 20 in accordance with the timelines set forth in Exhibit B to the court's Initial Order 18 . Signed by Judge R David Proctor on 2/17/2021. (KAM) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

PACER
23

Opposition to re 20, 21 Motion to Dismiss filed by United States of America. (Ward, Carla) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

RECAP
24

Joint MOTION to Stay Rule 26 Initial Conference by United States of America. (Ward, Carla) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

RECAP
25

TEXT ORDER - Before the court is the parties Joint Motion to Stay Rule 26 Initial Conference. 24 . In that Motion, the parties request a four-week stay of all pretrial scheduling and discovery obligations. For good cause shown, the Motion 24 is GRANTED and all pretrial scheduling and discovery obligations are STAYED until April 1, 2021. Signed by Judge R David Proctor on 3/2/2021. (KAM) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
26

REPLY to Response to Motion re 20 MOTION to Dismiss the Complaint The State's Reply in Further Support of the Motion to Dismiss filed by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

PACER
27

NOTICE by United States of America re 25 Order on Motion to Stay, Parties Will Not Seek to Extend Stay (Ward, Carla) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
28

MOTION to Stay Discovery and Extend Deadline for Parties' Planning Meeting by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
29

TEXT ORDER - Before the court is Defendants Motion to Stay Discovery and Extend Deadline for Parties Planning Meeting. The Motion is SET for a telephone conference on Monday, April 12, 2021, at 12:30 P.M. Counsel are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 4/8/2021. (KAM) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
30

Opposition to re 28 Defendants' Motion to Stay Discovery filed by United States of America. (Attachments: # 1 Exhibit A)(Ward, Carla) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER

Telephone Conference

April 12, 2021

April 12, 2021

PACER

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 4/12/2021. The court will enter an order separately outlining the deadlines as discussed: Amended complaint to be filed by 5/19/2021; responsive pleading due 28 days thereafter. The parties will proceed with parties planning meeting. (KLL)

April 12, 2021

April 12, 2021

PACER
31

ORDER Defendants Motion to Dismiss the Complaint 20 ) is ADMINISTRATIVELY TERMINATED as MOOT. Furthermore, Plaintiff SHALL file an amended complaint, separating its allegations by facility, on or before May 19, 2021; Any response by Defendants, including a second motion to dismiss, SHALL be due on or before June 16, 2021. Signed by Judge R David Proctor on 4/13/2021. (KAM) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER
32

ORDER the parties SHALL meet and confer to discuss whether use of a special master would be appropriate to resolve future discovery issues. In addition, the Parties SHALL, within fourteen (14) days of the entry of this Order, confer pursuant to Federal Rule of Civil Procedure 26(f) and present a Rule 26(f) report on or before June 30, 2021. Signed by Judge R David Proctor on 4/13/2021. (KAM) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

PACER
33

TEXT ORDER - This case is SET for a telephonic joint status conference with counsel in this action and in Duke v. Dunn, 4:14-cv-1952-RDP (N.D. Ala.) and D.S. v. Dunn, 2:20-cv-02012-RDP (N.D. Ala.) on May 10, 2021 at 2:00 p.m.. The parties are DIRECTED to call 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 4/22/2021. (KAM) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
34

NOTICE of Appearance by Matthew J Donnelly on behalf of United States of America (Donnelly, Matthew) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

PACER

Telephone Conference

May 10, 2021

May 10, 2021

PACER

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 5/10/2021. (KLL)

May 10, 2021

May 10, 2021

PACER
35

ORDER In addition to fulfilling other obligations as directed by the court, the parties to the above-captioned cases SHALL conduct a joint Rule 26(f) conference and file a consolidated joint report in these cases on or before June 30, 2021. Signed by Judge R David Proctor on 5/11/2021. (KAM) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER
36

TEXT ORDER In light of the courts May 11, 2021 Order regarding a joint Rule 26(f) conference, Defendants Motion to Stay Discovery and Extend Deadline for Parties Planning Meeting 28 is MOOT. Signed by Judge R David Proctor on 5/12/2021. (KAM) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
37

AMENDED COMPLAINT against All Defendants, filed by United States of America. (Attachments: # 1 Attachment A)(Ward, Carla) (Entered: 05/19/2021)

1 Attachment A

View on PACER

May 19, 2021

May 19, 2021

RECAP
38

MOTION to Dismiss Motion for Partial Dismissal by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
39

Brief re 38 MOTION to Dismiss Motion for Partial Dismissal Memorandum of Law in Support of the State's Motion for Partial Dismissal of the Amended Complaint filed by Alabama Department of Corrections, State of Alabama. (Attachments: # 1 Exhibit A - Braggs v. Dunn Liability Opinion, # 2 Exhibit B - Braggs v. Dunn Staffing Remedial Order)(Lunsford, William) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
40

ANSWER to 37 Amended Complaint by Alabama Department of Corrections, State of Alabama.(Reeves, Matthew) (Entered: 06/16/2021)

June 16, 2021

June 16, 2021

PACER
41

Opposition to re 38, 39 filed by United States of America. (Ward, Carla) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
42

REPORT of Rule 26(f) Planning Meeting. (Donnelly, Matthew) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
43

NOTICE by United States of America of Consolidated Joint Rule 26(f) Report (Ward, Carla) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
44

REPLY to Response to Motion re 38 MOTION to Dismiss Motion for Partial Dismissal The State's Reply in Further Support of Motion for Partial Dismissal filed by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 07/06/2021)

July 6, 2021

July 6, 2021

PACER
45

NOTICE by United States of America RE: APPOINTMENT OF A SPECIAL MASTER (Donnelly, Matthew) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
46

NOTICE by United States of America re: Consolidated Protective Order (Attachments: # 1 Text of Proposed Order)(Ward, Carla) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
47

NOTICE by United States of America re: Consolidated Order on Protocols for Production of Documents and Things (Including ESI) (Attachments: # 1 Text of Proposed Order)(Ward, Carla) (Entered: 07/17/2021)

July 16, 2021

July 16, 2021

PACER
48

NOTICE by United States of America (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Donnelly, Matthew) (Entered: 07/17/2021)

July 17, 2021

July 17, 2021

PACER
49

NOTICE by United States of America RE: PROTOCOLS FOR PRODUCTION OF DOCUMENTS AND THINGS (INCLUDING ESI) (Attachments: # 1 Text of Proposed Order Proposed Order Regarding Protocols for Production of Documents and Things (Including ESI))(Donnelly, Matthew) (Entered: 07/17/2021)

July 17, 2021

July 17, 2021

PACER
50

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE Scheduling Conference set for 8/5/2021 10:00 AM before Judge R David Proctor.. Signed by Judge R David Proctor on 7/19/2021. (KAM) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
51

Unopposed MOTION to Continue Unopposed Motion to Continue of Rule 16(b) Scheduling Conference by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
52

TEXT ORDER This matter is before the court on Defendants Motion to Continue 51 the courts scheduling conference. The Motion 51 is GRANTED. The scheduling conference set for August 5, 2021 is CANCELLED. The court will reset the scheduling conference by future order. Signed by Judge R David Proctor on 7/23/2021. (KAM) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
53

NOTICE by United States of America Joint Request for Scheduling Conference (Ward, Carla) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

RECAP
54

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE Scheduling Conference set for 10/7/2021 10:00 AM before Judge R David Proctor.. Signed by Judge R David Proctor on 9/1/2021. (KAM) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
55

TEXT ORDER The court has received an informal request to move the Thursday, October 7 Scheduling Conference back thirty-minutes to 10:30 a.m., due to certain travel issues. The court understands that the request is unopposed. Therefore, the scheduling conference in these matters is RE-SET at 10:30 a.m. on Thursday, October 7, 2021, in the Special Proceedings courtroom located on the 8th floor at the Hugo L. Black United States Courthouse; A court reporter will be present. Signed by Judge R David Proctor on 10/5/2021. (KAM) (Entered: 10/05/2021)

Oct. 5, 2021

Oct. 5, 2021

PACER

Minute Entry for proceedings held before Judge R David Proctor: Scheduling Conference held on 10/7/2021. Conference will reconvene on 10/13/2021 at 1p. Order to follow. (Court Reporter Risa Entrekin.) (YMB)

Oct. 7, 2021

Oct. 7, 2021

PACER

Scheduling Conference

Oct. 7, 2021

Oct. 7, 2021

PACER
56

TEXT ORDER The court SETS this case for a status conference at 1:00 P.M. on Wednesday, October 13, 2021, in the Special Proceedings courtroom located on the 8th floor at the Hugo L. Black United States Courthouse. A court reporter will be present. Counsel in United States of America v. State of Alabama et al., 2:20-cv-01971-RPD, and Duke et al. v. Dunn et al., 4:14-cv-01952-RDP, SHALL submit to the court a joint proposal for a Protective Order on or before Tuesday, October 12, 2021 at 10:00 A.M. Counsel in United States of America v. State of Alabama et al., 2:20-cv-01971-RPD, and Duke et al. v. Dunn et al., 4:14-cv-01952-RDP, SHALL also submit to the court a joint proposal for Production of Documents on or before Tuesday, October 12, 2021 at 10:00 A.M. Counsel in United States of America v. State of Alabama et al., 2:20-cv-01971-RPD, and Duke et al. v. Dunn et al., 4:14-cv-01952-RDP, SHALL meet and confer to discuss the scope of 18 U.S.C. ยง 3626 and SHALL file separate letter briefs to the court discussing whether 18 U.S.C. ยง 3626 applies only to the post-judgment remedial phase of litigation as opposed to a cases discovery phase (before judgment and the implementation of a remedy). Signed by Judge R David Proctor on 10/7/2021. (KAM) (Entered: 10/07/2021)

Oct. 7, 2021

Oct. 7, 2021

PACER
57

MEMORANDUM OPINION. Signed by Judge R David Proctor on 10/8/2021. (KAM) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

RECAP
58

ORDER in accordance with the Memorandum Opinion entered this day, Defendant's 38 Motion for Partial Dispmissal is GRANTED IN PART and DENIED IN PART; Plaintiff SHALL replead the Amended Complaint to cure its deficiencies as a shotgun pleading; Defendants' requests for the court to dismiss allegations predicated on understaffing, to recognize a heightened pleading standard for the CRIPA action, and to review the Attorney Generals certification of the action are DENIED; Plaintiff SHALL file its Second Amended Complaint within forty-five (45) days from the date on which this order is entered. Defendants SHALL respond to the amended pleading within thirty (30) days. Signed by Judge R David Proctor on 10/8/2021. (KAM) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
59

NOTICE by United States of America of Proposed Joint Protective Order (Attachments: # 1 Text of Proposed Order)(Ward, Carla) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
60

NOTICE by United States of America of Joint Proposed Order Regarding Protocols for Production of Documents and Things (Including ESI) (Attachments: # 1 Text of Proposed Order)(Ward, Carla) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
61

Transcript of Proceedings (Scheduling Conference) held on October 7, 2021, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. 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: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/2/2021. Redacted Transcript Deadline set for 11/12/2021. Release of Transcript Restriction set for 1/10/2022. (KAM) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER

Status Conference

Oct. 13, 2021

Oct. 13, 2021

PACER

Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 10/13/2021. (Court Reporter Risa Entrekin.) (KLL)

Oct. 13, 2021

Oct. 13, 2021

PACER
62

STIPULATED CONSOLIDATED PROTECTIVE ORDER. Signed by Judge R David Proctor on 10/14/2021. (KAM) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
63

STIPULATED CONSOLIDATED ORDER REGARDING PROTOCOLS FOR PRODUCTION OF DOCUMENTS AND THINGS (INCLUDING ESI). Signed by Judge R David Proctor on 10/14/2021. (KAM) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
64

ORDER The parties have agreed in principle that R. Bruce Barze, Jr. SHALL serve as the Special Master. On or before Friday, October 22, 2021, the parties SHALL submit a joint proposed order naming Barze as the Special Master and defining his role in these coordinated actions.1 If the parties need more time to submit the proposed order, they are DIRECTED to notify the court. Signed by Judge R David Proctor on 10/14/2021. (KAM) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
65

NOTICE by United States of America re 64 Order, JOINT NOTICE RE: EXTENSION OF TIME TO FILE SPECIAL MASTER PROPOSALS (Donnelly, Matthew) (Entered: 10/22/2021)

Oct. 22, 2021

Oct. 22, 2021

PACER
66

TEXT ORDER Before the court is the Joint Notice Regarding Extension of Time to File Special Master Proposals 65 . To discuss the Joint Notice 65, the court SETS a telephonic conference for Tuesday, October 26, 2021 at 10:00 A.M. Counsel for the parties are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 10/25/2021. (KAM) (Entered: 10/25/2021)

Oct. 25, 2021

Oct. 25, 2021

PACER

Telephone Conference

Oct. 26, 2021

Oct. 26, 2021

PACER

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 10/26/2021. Outstanding disputes resolved as discussed and agreed to by the parties. The proposed special master order shall be filed by Friday, October 29, 2021. (KLL)

Oct. 26, 2021

Oct. 26, 2021

PACER
67

ORDER Before the court is the parties Joint Notice Regarding Extension of Time to File Special Master Proposal 65 ; During a telephonic conference with the parties, the court and the parties discussed four critical issues impeding their filing of a joint proposed order; At the end of the call, the parties indicated that their concerns were addressed and they could move forward with drafting the proposed order; The parties SHALL submit the Joint Proposed Order in accordance with the resolutions detailed in this Order on or before Friday, October 29, 2021. Signed by Judge R David Proctor on 10/26/2021. (KAM) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER
68

NOTICE by United States of America re 67 Order,, JOINT NOTICE RE: SPECIAL MASTER PROPOSAL (Attachments: # 1 Text of Proposed Order)(Donnelly, Matthew) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER
69

TEXT ORDER - The court SETS a telephonic conference for Thursday, November 4, 2021 at 3:00 P.M. to discuss the parties proposed Order Appointing a Special Master. Counsel for the parties are DIRECTED to dial-in to the conference by calling 866-434-5269 at the scheduled time. The access code is 6022965. Signed by Judge R David Proctor on 11/2/2021. (KAM) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER

Telephone Conference

Nov. 4, 2021

Nov. 4, 2021

PACER

Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 11/4/2021. (KLL)

Nov. 4, 2021

Nov. 4, 2021

PACER
70

ORDER Pursuant to Rule 53(a)(1)(A) of the Federal Rules of Civil Procedure, the Parties to these two actions have agreed to the appointment of R. Bruce Barze, Jr. as the Special Master to assist the court with the completion of discovery in these two coordinated actions. The Parties consent to Special Master Barzes appointment for the limited purpose of assisting with discovery matters in accordance with the authorized duties and limitations set out within this order. Signed by Judge R David Proctor on 11/9/2021. (KAM) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER
71

AMENDED COMPLAINT SECOND against Alabama Department of Corrections, State of Alabama, filed by United States of America. (Attachments: # 1 Attachment A)(Ward, Carla) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

PACER
72

NOTICE of Appearance by Mary Landon Whatley on behalf of Alabama Department of Corrections, State of Alabama (Whatley, Mary) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
73

MOTION to Dismiss Partial Motion to Dismiss the Second Amended Complaint by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
74

Brief re 73 MOTION to Dismiss Partial Motion to Dismiss the Second Amended Complaint Memorandum of Law in Support of the State's Motion for Partial Dismissal of the Second Amended Complaint filed by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
75

ANSWER to 71 Amended Complaint The State's Answer to the Second Amended Complaint by Alabama Department of Corrections, State of Alabama.(Lunsford, William) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
76

Joint MOTION for Extension of Time to File Response/Reply to Defendants Partial Motion to Dismiss by Modifying Briefing Schedule by United States of America. (Attachments: # 1 Text of Proposed Order)(Ward, Carla) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER
77

TEXT ORDER Before the court is the parties' Joint Motion for Extension of Time 76 . The Motion 76 is GRANTED. Plaintiff SHALL file its response on or before January 13, 2022. Defendant SHALL file its reply on or before January 27, 2022. Signed by Judge R David Proctor on 12/22/2021. (KEK) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER

Set Motion and R&R Deadlines/Hearings

Dec. 22, 2021

Dec. 22, 2021

PACER

Set/Reset Deadlines as to 73 MOTION to Dismiss Partial Motion to Dismiss the Second Amended Complaint. Responses due by 1/13/2022; Replies due by 1/27/2022. (KEK)

Dec. 22, 2021

Dec. 22, 2021

PACER
78

RESPONSE in Opposition re 73 MOTION to Dismiss Partial Motion to Dismiss the Second Amended Complaint filed by United States of America. (Ward, Carla) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

PACER
79

REPLY to Response to Motion re 73 MOTION to Dismiss Partial Motion to Dismiss the Second Amended Complaint The State's Reply in Further Support of Partial Motion to Dismiss filed by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 01/27/2022)

Jan. 27, 2022

Jan. 27, 2022

PACER
80

NOTICE of Appearance by Anne Adams Hill on behalf of All Defendants (Hill, Anne) (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
81

MEMORANDUM OPINION AND ORDER 73 Defendant's Motion for Partial Dismissal is DENIED. Signed by Judge R David Proctor on 4/1/2022. (KAM) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

RECAP
82

TEXT ORDER The parties SHALL meet and confer with the Special Master and file a proposed Rule 16(b) scheduling order on or before May 6, 2022. Signed by Judge R David Proctor on 4/5/2022. (KAM) (Entered: 04/05/2022)

April 5, 2022

April 5, 2022

PACER
83

NOTICE by United States of America re 82 Order Joint Notice of Proposed Scheduling Order (Attachments: # 1 Text of Proposed Order Scheduling Order)(Donnelly, Matthew) (Entered: 05/06/2022)

May 6, 2022

May 6, 2022

PACER
84

SCHEDULING ORDER: certain time limits apply as set out in this order; Discovery due by 3/5/2024. Dispositive Motions due by 4/22/2024. Pretrial ready in September 2024; Trial ready in November 2024. Signed by Judge R David Proctor on 5/10/2022. (KAM) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

RECAP
85

STATUS REPORT - Report and Recommendation of Special Master by Special Master. filed by Special Master (Attachments: # 1 Exhibit A - USA Letter Brief, # 2 Exhibit B - AL Letter Brief, # 3 Exhibit C - Steward Orders, # 4 Exhibit D - Lane Scheduling Order)(Barze, R) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
86

Opposition to re 85 The State's Objection to the Special Master's Report and Recommendation on Evidentiary Fact Cutoff Date filed by Alabama Department of Corrections, State of Alabama. (Lunsford, William) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 9, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. 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

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Excessive force

Failure to supervise

Failure to train

Food service / nutrition / hydration

Grievance procedures

Incident/accident reporting & investigations

Pepper/OC spray

Prison Rape Elimination Act

Protective custody

Restraints : physical

Sanitation / living conditions

Search policies

Sex offender regulation

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run