Case: Hunter v. Beshear

2:16-cv-00798 | U.S. District Court for the Middle District of Alabama

Filed Date: Sept. 30, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 30, 2016, three individuals with severe mental illness deemed incompetent to stand trial in criminal proceedings against them filed this lawsuit in the U.S. District Court for the Middle District of Alabama. The plaintiffs sued the Alabama Department of Mental Health under the Fourteenth Amendment and Title II of the Americans with Disabilities Act. The plaintiffs, represented by the Alabama Disability Advocacy Program, the ACLU of Alabama Foundation, and private counsel, sought de…

On September 30, 2016, three individuals with severe mental illness deemed incompetent to stand trial in criminal proceedings against them filed this lawsuit in the U.S. District Court for the Middle District of Alabama. The plaintiffs sued the Alabama Department of Mental Health under the Fourteenth Amendment and Title II of the Americans with Disabilities Act. The plaintiffs, represented by the Alabama Disability Advocacy Program, the ACLU of Alabama Foundation, and private counsel, sought declaratory and both preliminary and permanent injunctive relief.

The plaintiffs claimed that individuals with severe mental illness who had been deemed incompetent to stand trial in Alabama had to wait an average of eight months between the date of the court order committing them to the Alabama Department of Mental Health for treatment and the actual start of their treatment. During that time, these individuals were forced to stay in county jails that lacked the resources they needed.

The case was assigned to Judge Myron H. Thompson and referred to Magistrate Judge Charles S. Coody.

The Alabama Department of Mental Health moved to dismiss the case on November 4, 2016, and the court denied the motion on November 30, 2016. On December 23, the plaintiffs amended the lawsuit to proceed as a class action, and they sought a preliminary injunction. Settlement negotiations delayed the scheduled preliminary injunction hearing.

The parties settled. They filed a joint motion for preliminary approval of the settlement on April 4, 2017, and the Court agreed on May 9, 2016. In doing so, the Court granted class certification. The class was defined as all persons who have been, or will be during the period that this Agreement remains in effect, charged with a crime, within the meaning of Rule 1.4(b) of the Alabama Rules of Criminal Procedure, in a court of competent jurisdiction in the State of Alabama, and detained in an Alabama city or county jail or Alabama Department of Corrections facility while awaiting a court-ordered Mental Evaluation or court-ordered Competency Restoration Treatment.

Before the settlement could be finalized, the parties had to provide notice of the settlement agreement to the settlement class and criminal defense counsel of settlement class members, state officials, and the Alabama Circuit Courts. The parties did so, and the Court held conferences for class members to voice their objections to the settlement. Because none of the class members who had voiced objections wanted to testify, the court decided not to hear testimony from class members.

On January 25, 2018, the Court ordered a final settlement approval and approved the negotiated consent decree. (The motion for a preliminary injunction from December 2016 was denied because the settlement made it moot.) Under the terms of the settlement, the Alabama Department of Mental Health agreed to provide for mental health treatment for incarcerated individuals to be completed within forty-five days by the end of twelve months and within thirty days by the end of twenty-four months. The Department also agreed to install more beds to accommodate more patients and provide training for relevant personnel. The Alabama Disability Advocacy Program agreed to monitor compliance. The Decree was set to last at least 3 years. If the state failed to achieve substantial compliance nine months prior to the end of that term, the plaintiffs could move to extend the term by four months. In the meantime, the court retained jurisdiction to enforce the decree, on the plaintiffs' motion.

Under the Consent Decree, the state was to pay the plaintiffs $270,000 in legal fees incurred through March 13, 2017. The Department agreed to pay for the monitoring at a rate of $195 per hour, as well as for attorneys' fees sustained after March 13, 2017 at a rate of $275 per hour. 2018 WL 564856.

On February 2, 2018, the plaintiffs sought their legal fees, estimating that the state owed $342,986 in attorneys' fees and $9,677 for other litigation costs. The fee dispute settled on March 19, 2018, for $66,794 in attorneys' fees and $8,688.84 in other litigation costs.

Monitoring of the consent decree is ongoing until at least 2021. The first status report of 2019 resulted in the parties entering into a joint remedial plan for noncompliance on November 4, 2019. The court held a status conference on the parties' progress and barriers to compliance on February 5, 2020, and the parties modified the consent decree later that month. The modifications required the defendant to update their policy of deciding how to prioritize the allocation of outpatient evaluations among the counties that the Health Department serves.

As of April 12, 2020, this case is ongoing as the court monitors compliance with the consent decree.

Summary Authors

Rebecca Strauss (5/16/2018)

Alex Moody (4/12/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6283703/parties/hunter-v-boswell/


Judge(s)

Coody, Charles S. (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Canada, Larry Gene (Alabama)

Gadd, Martha Geron (Alabama)

Hackney, James Patrick (Alabama)

Marshall, Randall C. (Alabama)

Monterastelli, Shandra (Alabama)

Sherrod, Henry F. III (Alabama)

Van Der Pol, William Jr. (Alabama)

Williams, Lonnie Jason (Alabama)

Judge(s)

Coody, Charles S. (Alabama)

Thompson, Myron Herbert (Alabama)

Attorneys(s) for Plaintiff

Canada, Larry Gene (Alabama)

Gadd, Martha Geron (Alabama)

Hackney, James Patrick (Alabama)

Marshall, Randall C. (Alabama)

Monterastelli, Shandra (Alabama)

Sherrod, Henry F. III (Alabama)

Van Der Pol, William Jr. (Alabama)

Williams, Lonnie Jason (Alabama)

Attorneys(s) for Defendant

Childs, Larry Brittain (Alabama)

Hixon, Edward Cary (Alabama)

Jones, Nancy Skipper (Alabama)

Klinner, Thomas Bailey (Alabama)

Malcom, Brian James (Alabama)

Nichols, Ashley Lane (Alabama)

Documents in the Clearinghouse

Document

2:16-cv-00798

Docket [PACER]

May 11, 2020

May 11, 2020

Docket
1

2:16-cv-00798

Complaint

Sept. 30, 2016

Sept. 30, 2016

Complaint
26

2:16-cv-00798

First Amended Complaint

Dec. 23, 2016

Dec. 23, 2016

Complaint
67

2:16-cv-00798

Preliminary Settlement Approval Order

May 9, 2017

May 9, 2017

Order/Opinion
93

2:16-cv-00798

Final Settlement Approval Opinion and Order

2018 WL 564856

Jan. 25, 2018

Jan. 25, 2018

Order/Opinion
94

2:16-cv-00798

Consent Decree

2018 WL 565002

Jan. 25, 2018

Jan. 25, 2018

Order/Opinion
137

2:16-cv-00798

Joint Plan to Remediate Defendants Noncompliance with Consent Decree

Oct. 31, 2019

Oct. 31, 2019

Pleading / Motion / Brief
149

2:16-cv-00798

Joint Request to Modify Consent Decree

Feb. 14, 2020

Feb. 14, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6283703/hunter-v-boswell/

Last updated Aug. 7, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
3

Summons Issued as to James V. Perdue and return to counsel for personal service. (kh, ) (Entered: 10/12/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
2

Corporate/Conflict Disclosure Statement by Demontray Hunter, Travis S. Parks, Russell D. Senn. (kh, ) (Entered: 10/12/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
1

COMPLAINT against James V. Perdue ( Filing fee $ 400.00 receipt number 4602042615.), filed by Demontray Hunter, Travis S. Parks, Russell D. Senn. (Attachments: # 1 Filing Fee Receipt)(kh, ) (Entered: 10/12/2016)

1 Filing Fee Receipt

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Sept. 30, 2016

Sept. 30, 2016

RECAP
4

SUMMONS Returned Executed; James V. Perdue (c/o Thomas Klinner) served on 9/30/2016. (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
7

Corporate/Conflict Disclosure Statement by James V. Perdue. (Klinner, Thomas) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
6

TEXT ORDER granting 5 Motion for Extension of Time to File Response/Reply and resetting the deadline for filing a response to the complaint until November 4, 2016. Signed by Honorable Judge Myron H. Thompson on 10/19/2016. (no pdf document attached this entry)(kh, ) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
5

MOTION for Extension of Time to File Response/Reply by James V. Perdue. (Klinner, Thomas) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
8

NOTICE of Appearance by Lonnie Jason Williams on behalf of All Plaintiffs (Williams, Lonnie) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
10

Defendant's ANSWER to 1 Complaint Count 1 by James V. Perdue.(Klinner, Thomas) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
9

MOTION to Dismiss Count 2 of the Plaintiff's Complaint by James V. Perdue. (Klinner, Thomas) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

PACER
12

GENERAL BRIEFING ORDER setting out the briefing schedule on dispositive motions. Signed by Honorable Judge Myron H. Thompson on 11/7/2016. (kh, ) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER

Add and Terminate Attorneys

Nov. 7, 2016

Nov. 7, 2016

PACER
11

ORDERED that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than November 28, 2016, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 11/7/2016. (kh, ) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER

***Attorney Ashley Lane Nichols,Nancy Skipper Jones for James V. Perdue added. pursuant to the 10 answer (kh, )

Nov. 7, 2016

Nov. 7, 2016

PACER
16

Joint MOTION for Hearing re 15 Report of Rule 26(f) Planning Meeting, 11 Order, Set Deadlines by Demontray Hunter, Travis S. Parks, Russell D. Senn. (Gadd, Martha) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
15

REPORT of Rule 26(f) Planning Meeting. (Gadd, Martha) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
14

TEXT ORDER granting 13 MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss Count 2 of the Plaintiff's Complaint; Responses due by 12/9/2016. Signed by Honorable Judge Myron H. Thompson on 11/18/2016. (no pdf document attached to this entry)(kh, ) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
13

MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss Count 2 of the Plaintiff's Complaint by Demontray Hunter, Travis S. Parks, Russell D. Senn. (Gadd, Martha) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER

Set Hearings: Telephone Conference set for 11/29/2016 11:00 AM telephone before Honorable Judge Myron H. Thompson. (ag, )

Nov. 23, 2016

Nov. 23, 2016

PACER

Set/Reset Hearings

Nov. 23, 2016

Nov. 23, 2016

PACER
18

Unopposed MOTION for an Enlargement of Time to Exchange Initial Disclosures re 15 Report of Rule 26(f) Planning Meeting by Demontray Hunter, Travis S. Parks, Russell D. Senn. (Gadd, Martha) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
17

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 11/29/2016 (PDF available for court use only). (Recording Time 11:08 - 11:27.) (ag, ) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
23

TEXT ORDER granting 18 MOTION for Extension of Deadline re 15 Report of Rule 26(f) Planning Meeting. Signed by Honorable Judge Myron H. Thompson on 11/30/2016. (no pdf document attached to this entry)(kh, ) (kh, ). (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
22

UNIFORM SCHEDULING ORDER: Trial and Pretrial Dates. An on-therecord pretrial conference is scheduled for July 20, 2017, at 10:00 a.m., in Montgomery, Alabama. This cause is set for trial during the term of court commencing on August 21, 2017, at 10:00 a.m., in Montgomery, Alabama. Dispositive Motions due by 4/21/2017; Mediation Notice due by 3/31/2017; Amended Pleadings due by 2/14/2017. Discovery due by 3/24/2017, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 11/30/2016. (furn: calendar, AG)(kh, ) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
21

ORDERED that each side in this case is allowed 20 depositions. Signed by Honorable Judge Myron H. Thompson on 11/30/2016. (kh, ) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
20

ORDERED as follows: (1) The plaintiffs are allowed leave to file an amended complaint by no later than December 23, 2016. (2) The defendant's motion to dismiss (doc. no. 9 ) is denied with leave to renew. Signed by Honorable Judge Myron H. Thompson on 11/30/2016. (kh, ) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

RECAP
19

ORDERED that the motion for hearing (doc. no. 16 ) is denied as moot. The hearing has already been held. Signed by Honorable Judge Myron H. Thompson on 11/30/2016. (kh, ) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
25

TEXT ORDER granting 24 MOTION to Seal Certain Exhibits to Declarations. Signed by Honorable Judge Myron H. Thompson on 12/21/2016.(no pdf document attached to this order)(kh, ) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
24

MOTION to Seal Certain Exhibits to Declarations by Demontray Hunter, Travis S. Parks, Russell D. Senn. (Gadd, Martha) (Entered: 12/21/2016)

Dec. 21, 2016

Dec. 21, 2016

PACER
31

NOTICE of Filing Exhibits to Declaration Under Seal by Demontray Hunter, Travis S. Parks, Russell D. Senn, Vandarius S. Darnell, Frank White, Jr., Marcus Jackson, Timothy D. Mount, Henry P. McGhee, Alabama Disabilities Advocacy Program re 30 Declaration (Gadd, Martha) (Additional attachment(s) added on 12/28/2016: # 1 Sealed Exhibit 3, # 2 Sealed Exhibit 6, # 3 Sealed Exhibit 7, # 4 Sealed Exhibit 8, # 5 Sealed Exhibit 20) (qc/djy, ). Modified on 6/19/2019 to add additional filers (alm, ). (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
30

(DECLARATION of M. Geron Gadd) AFFIDAVIT re 28 MEMORANDUM of Law, 27 MOTION for Preliminary Injunction by Demontray Hunter, Travis S. Parks, Russell D. Senn, Vandarius S. Darnell, Frank White, Jr., Marcus Jackson, Timothy D. Mount, Henry P. McGhee, Alabama Disabilities Advocacy Program (Attachments: # 1 Exhibit Gadd Decl. (12.23.16), Ex. 1, # 2 Exhibit Gadd Decl. (12.23.16), Ex. 2, # 3 Exhibit Gadd Decl. (12.23.16), Ex. 3, # 4 Exhibit Gadd Decl. (12.23.16), Ex. 4, # 5 Exhibit Gadd Decl. (12.23.16), Ex. 5, # 6 Exhibit Gadd Decl. (12.23.16), Ex. 6, # 7 Exhibit Gadd Decl. (12.23.16), Ex. 7, # 8 Exhibit Gadd Decl. (12.23.16), Ex. 8, # 9 Exhibit Gadd Decl. (12.23.16), Ex. 9, # 10 Exhibit Gadd Decl. (12.23.16), Ex. 10, # 11 Exhibit Gadd Decl. (12.23.16), Ex. 11, # 12 Exhibit Gadd Decl. (12.23.16), Ex. 12, # 13 Exhibit Gadd Decl. (12.23.16), Ex. 13, # 14 Exhibit Gadd Decl. (12.23.16), Ex. 14, # 15 Exhibit Gadd Decl. (12.23.16), Ex. 15, # 16 Exhibit Gadd Decl. (12.23.16), Ex. 16, # 17 Exhibit Gadd Decl. (12.23.16), Ex. 17, # 18 Exhibit Gadd Decl. (12.23.16), Ex. 18, # 19 Exhibit Gadd Decl. (12.23.16), Ex. 19, # 20 Exhibit Gadd Decl. (12.23.16), Ex. 20, # 21 Exhibit Gadd Decl. (12.23.16), Ex. 21, # 22 Exhibit Gadd Decl. (12.23.16), Ex. 22, # 23 Exhibit Gadd Decl. (12.23.16), Ex. 23, # 24 Exhibit Gadd Decl. (12.23.16), Ex. 24, # 25 Exhibit Gadd Decl. (12.23.16), Ex. 25, # 26 Exhibit Gadd Decl. (12.23.16), Ex. 26, # 27 Exhibit Gadd Decl. (12.23.16), Ex. 27)(Gadd, Martha) Modified on 6/19/2019 to add additional filers (alm, ) (Entered: 12/23/2016)

1 Exhibit Gadd Decl. (12.23.16), Ex. 1

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2 Exhibit Gadd Decl. (12.23.16), Ex. 2

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3 Exhibit Gadd Decl. (12.23.16), Ex. 3

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4 Exhibit Gadd Decl. (12.23.16), Ex. 4

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5 Exhibit Gadd Decl. (12.23.16), Ex. 5

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6 Exhibit Gadd Decl. (12.23.16), Ex. 6

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7 Exhibit Gadd Decl. (12.23.16), Ex. 7

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8 Exhibit Gadd Decl. (12.23.16), Ex. 8

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9 Exhibit Gadd Decl. (12.23.16), Ex. 9

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10 Exhibit Gadd Decl. (12.23.16), Ex. 10

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11 Exhibit Gadd Decl. (12.23.16), Ex. 11

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12 Exhibit Gadd Decl. (12.23.16), Ex. 12

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13 Exhibit Gadd Decl. (12.23.16), Ex. 13

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14 Exhibit Gadd Decl. (12.23.16), Ex. 14

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15 Exhibit Gadd Decl. (12.23.16), Ex. 15

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16 Exhibit Gadd Decl. (12.23.16), Ex. 16

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17 Exhibit Gadd Decl. (12.23.16), Ex. 17

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18 Exhibit Gadd Decl. (12.23.16), Ex. 18

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19 Exhibit Gadd Decl. (12.23.16), Ex. 19

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20 Exhibit Gadd Decl. (12.23.16), Ex. 20

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21 Exhibit Gadd Decl. (12.23.16), Ex. 21

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23 Exhibit Gadd Decl. (12.23.16), Ex. 23

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24 Exhibit Gadd Decl. (12.23.16), Ex. 24

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25 Exhibit Gadd Decl. (12.23.16), Ex. 25

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26 Exhibit Gadd Decl. (12.23.16), Ex. 26

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27 Exhibit Gadd Decl. (12.23.16), Ex. 27

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Dec. 23, 2016

Dec. 23, 2016

PACER
29

(DECLARATION of Joel Dvoskin) AFFIDAVIT re 28 MEMORANDUM of Law, 27 MOTION for Preliminary Injunction by Demontray Hunter, Travis S. Parks, Russell D. Senn. (Gadd, Martha) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
28

MEMORANDUM of Law in Support re 27 MOTION for Preliminary Injunction filed by Demontray Hunter, Travis S. Parks, Russell D. Senn, Vandarius S. Darnell, Frank White, Jr., Marcus Jackson, Timothy D. Mount, Henry P. McGhee, Alabama Disabilities Advocacy Program (Gadd, Martha) Modified on 6/19/2019 to add additional filers (alm, ) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

RECAP
27

MOTION for Preliminary Injunction by Demontray Hunter, Travis S. Parks, Russell D. Senn, Vandarius S. Darnell, Frank White, Jr., Marcus Jackson, Timothy D. Mount, Henry P. McGhee, Alabama Disabilities Advocacy Program(Gadd, Martha) Modified on 6/19/2019 to add additional filers (alm, ). (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

PACER
26

AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Demontray Hunter, Travis S. Parks, Russell D. Senn.(Gadd, Martha) (Entered: 12/23/2016)

Dec. 23, 2016

Dec. 23, 2016

RECAP
32

TEXT ORDER: Telephone Conference set for 1/12/2017 at 07:30 AM by telephone before Honorable Judge Myron H. Thompson. Entered by Honorable Judge Myron H. Thompson on 1/9/17. (war, )(NO PDF ATTACHED) (Entered: 01/09/2017)

Jan. 9, 2017

Jan. 9, 2017

PACER
33

Defendant's ANSWER to Complaint First Amended Complaint by James V. Perdue.(Klinner, Thomas) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
35

NOTICE of Appearance by Larry Brittain Childs on behalf of James V. Perdue (Childs, Larry) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
34

NOTICE of Appearance by Brian James Malcom on behalf of James V. Perdue (Malcom, Brian) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER

Set Hearings: Final Pretrial Conference set for 7/20/2017, 10:00 AM, in Montgomery, Alabama before Honorable Judge Myron H. Thompson pursuant to the 22 Uniform Scheduling Order. (furn: calendar) (no pdf document attached to this entry) (kh, )

Jan. 12, 2017

Jan. 12, 2017

PACER

Add and Terminate Attorneys

Jan. 12, 2017

Jan. 12, 2017

PACER
39

ORDERED as follows: (1) The motion for preliminary injunction (doc. no. 27 ) is set for an evidentiary hearing on March 2, 2017, at 10:00 a.m., in Courtroom 2FMJ of the Frank M. Johnson Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama. (2) The plaintiffs are to file an updated preliminary-injunction brief, if needed, and any additional evidentiary materials by February 10, 2017. (3) The defendant is to file his brief and evidentiary materials by February 24, 2017. Signed by Honorable Judge Myron H. Thompson on 1/12/2017. (furn: calendar, AG)(kh, ) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER

Set/Reset Hearings

Jan. 12, 2017

Jan. 12, 2017

PACER
38

ORDER: Based on the representations made on the record on January 12, 2017, it is ORDERED that: (1) The uniform scheduling order (doc. no. 22 ) is modified only to the extent that plaintiffs are allowed until February 1, 2017, to file a motion for class certification. (2) Defendant is allowed until February 15, 2017, to file a response. (3) Plaintiffs are allowed until February 22, 2017, to file a reply. (4) The motion for class certification is under submission as of February 22, 2017. Signed by Honorable Judge Myron H. Thompson on 1/12/2017. (kh, ) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
37

ORDERED that the deadlines for responding to discovery are shortened with regard to the class-certification and preliminary-injunction issues. The parties are to attempt to reach agreement on shortened deadlines. If the parties cannot agree, they should ask the magistrate judge to set the deadlines. Signed by Honorable Judge Myron H. Thompson on 1/12/2017. (kh, ) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
36

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 1/12/2017 (PDF available for court use only). (Recording Time FTR: 7:36 AM - 7:50 AM.) (war, ) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER

***Attorney Edward Cary Hixon for James V. Perdue added pursuant to the 33 answer. (kh, )

Jan. 12, 2017

Jan. 12, 2017

PACER
41

(STRICKEN PURSUANT TO LOCAL RULES RE: NON-FILING OF CIVIL DISCOVERY) NOTICE by James V. Perdue of Service of Discovery Requests (Malcom, Brian) Modified on 1/19/2017 (wcl, ). (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
40

ORDERED that this matter be and hereby set for a conference to discuss the scheduling of mediation on 1/17/2017, at 10:00 AM by telephone conference before Honorable Judge Charles S. Coody; The dft shall set up the telephone conference. Signed by Honorable Judge Charles S. Coody on 1/13/2017. (furn: calendar, ws) (wcl, ) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Settlement Conference held on 1/17/2017 ( NO PDF attached). (ws )

Jan. 17, 2017

Jan. 17, 2017

PACER

Settlement Conference

Jan. 17, 2017

Jan. 17, 2017

PACER
42

ORDERED that this matter be and is hereby set for a mediation conference on January 26, 2017. The court will meet with the plaintiffs at 9:00 a.m. and will meet with the defendant at 10:30 a.m. in chambers, Suite 401-B, United States Courthouse, One Church Street, Montgomery, Alabama, as further set out. Signed by Honorable Judge Charles S. Coody on 1/17/2017. (furn: WS, Calendar)(kh, ) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
44

(STRICKEN PURSUANT TO LOCAL RULES RE: NON-FILING OF CIVIL DISCOVERY) NOTICE by James V. Perdue of Service (Malcom, Brian) Modified on 1/19/2017 (wcl, ). (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
43

(STRICKEN PURSUANT TO LOCAL RULES RE: NON-FILING OF CIVIL DISCOVERY) NOTICE by Alabama Disabilities Advocacy Program, Vandarius S. Darnell, Demontray Hunter, Marcus Jackson, Henry P. McGhee, Timothy D. Mount, Travis S. Parks, Russell D. Senn, Frank White, Jr of Service of Plaintiffs' Third Request for Production (Gadd, Martha) Modified on 1/19/2017 (wcl, ). (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
45

NOTICE of Non-Compliance re 41, 43 & 44 Notices of Service of Discovery, which are hereby STRICKEN pursuant to the Local Rules regarding non-filing of civil discovery. (wcl, ) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
46

MOTION for Protective Order by Alabama Disabilities Advocacy Program, Vandarius S. Darnell, Demontray Hunter, Marcus Jackson, Henry P. McGhee, Timothy D. Mount, Travis S. Parks, Russell D. Senn, Frank White, Jr. (Gadd, Martha) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
47

ORDERED that the motion for a protective order (doc. # 46 ) be and is herebyGRANTED, as further set out in order. Signed by Honorable Judge Charles S. Coody on 1/23/2017. (kh, ) (Entered: 01/23/2017)

Jan. 23, 2017

Jan. 23, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Settlement Conference held on 1/26/2017 ( NO PDF Attached). (ws, )

Jan. 26, 2017

Jan. 26, 2017

PACER

Settlement Conference

Jan. 26, 2017

Jan. 26, 2017

PACER
48

ORDERED as follows: (1) that the mediation conference be and hereby CONTINUED to February 1, 2017, at 10:00 a.m. in the chambers of the undersigned, United States Courthouse Complex, Suite 401-B, One Church Street, Montgomery, Alabama. (2) that all deadlines related to the motion for preliminary injunction and class certification be and are hereby EXTENDED by twenty-eight (28) days. (3) that discovery be and is hereby STAYED generally Signed by Honorable Judge Charles S. Coody on 1/26/2017. (furn: calendar, WS)(kh, ) Modified on 1/26/2017 to clarify the docket text.(kh, ). (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

PACER

Set Hearings: Mediation Conference set for 2/1/2017, 10:00 AM, in chambers, before Honorable Judge Charles S. Coody. Hearing was genitally set in the courtroom in error. Hearing will take place in chambers pursuant to 48 order (no pdf document attached to this entry)(kh, )

Jan. 27, 2017

Jan. 27, 2017

PACER

Set/Reset Hearings

Jan. 27, 2017

Jan. 27, 2017

PACER
51

TEXT ORDER granting 49 Motion for Leave to File Under Seal. Signed by Honorable Judge Myron H. Thompson on 1/31/2017. (no pdf document attached to this entry)(kh, ) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER
49

MOTION for Leave to File Under Seal by Alabama Disabilities Advocacy Program, Vandarius S. Darnell, Demontray Hunter, Marcus Jackson, Henry P. McGhee, Timothy D. Mount, Travis S. Parks, Russell D. Senn, Frank White, Jr. (kh, ) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Mediation Conference held on 2/1/2017 ( NO PDF attached). (ws, )

Feb. 1, 2017

Feb. 1, 2017

PACER

Mediation Conference

Feb. 1, 2017

Feb. 1, 2017

PACER
53

ORDERED that the mediation conference be and hereby CONTINUED to February 13, 2017, at 1:00 p.m. in the chambers of the undersigned, United States Courthouse Complex, Suite 401-B, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Charles S. Coody on 2/1/2017. (furn: ws, calendar)(term: Mediation Conference Set for 02/01/2017 @ 10:00 AM)(kh, ) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
54

ORDERED that the mediation conference presently set for February 13, 2017 be andhereby CONTINUED to February 15, 2017, at 10:00 a.m. in the chambers of theundersigned, United States Courthouse Complex, Suite 401-B, One Church Street,Montgomery, Alabama. Signed by Honorable Judge Charles S. Coody on 2/6/2017. (furn: WS, Calendar)(kh, ) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Mediation Conference held on 2/15/2017 (NO PDF attached). (ws, )

Feb. 15, 2017

Feb. 15, 2017

PACER

Mediation Conference

Feb. 15, 2017

Feb. 15, 2017

PACER
55

ORDERED that the evidentiary hearing set on March 2, 2017, and deadlines associated with that hearing and class certification, are CONTINUED generally. If the mediation efforts of the parties are not successful, the court will expeditiously set new deadlines and a hearing date. It is further ORDERED that not later than 3:00 p.m. on February 22, 2017, the parties shall provide to the undersigned by telephone call the status of their negotiations. Signed by Honorable Judge Charles S. Coody on 2/16/2017. (furn: calendar)(kh, ) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Mediation Conference held on 2/22/2017 ( NO PDF attached). (ws, )

Feb. 22, 2017

Feb. 22, 2017

PACER

Mediation Conference

Feb. 22, 2017

Feb. 22, 2017

PACER
56

ORDERED that all deadlines be and are hereby CONTINUED generally. Signed by Honorable Judge Charles S. Coody on 2/22/2017. (kh, ) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Settlement Conference held on 3/2/2017 (NO PDF attached). (ws, )

March 2, 2017

March 2, 2017

PACER

Settlement Conference

March 2, 2017

March 2, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Settlement Conference held on 3/6/2017 (NO PDF attached). (ws, )

March 6, 2017

March 6, 2017

PACER

Settlement Conference

March 6, 2017

March 6, 2017

PACER
57

ORDERED that the mediation conference be and hereby set for March 13, 2017, at 10:00 a.m. in the chambers of the undersigned, United States Courthouse Complex, Suite 401-B, One Church Street, Montgomery, Alabama. Signed by Honorable Judge Charles S. Coody on 3/7/22017. (furn: WS, Calendar)(kh, ) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Settlement Conference held on 3/13/2017 ( NO PDF attached). (ws, )

March 13, 2017

March 13, 2017

PACER

Settlement Conference

March 13, 2017

March 13, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Settlement Conference held on 3/20/2017 (NO PDF attached). (ws )

March 20, 2017

March 20, 2017

PACER

Settlement Conference

March 20, 2017

March 20, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Settlement Conference held on 3/24/2017 (NO PDF attached) (ws, )

March 24, 2017

March 24, 2017

PACER

Settlement Conference

March 24, 2017

March 24, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Settlement Conference held on 3/30/2017 (NO PDF attached). (ws, )

March 30, 2017

March 30, 2017

PACER

Settlement Conference

March 30, 2017

March 30, 2017

PACER

Minute Entry for proceedings held before Honorable Judge Charles S. Coody: Mediation Conference held on 4/4/2017 (No PDF attached). (ws, )

April 4, 2017

April 4, 2017

PACER

Mediation Conference

April 4, 2017

April 4, 2017

PACER
61

Joint MOTION to Seal Exhibit by Alabama Disabilities Advocacy Program, Vandarius S. Darnell, Demontray Hunter, Marcus Jackson, Henry P. McGhee, Timothy D. Mount, Travis S. Parks, Russell D. Senn, Frank White, Jr. (Gadd, Martha) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
60

Joint MOTION for Settlement Preliminary Approval and Scheduling Conference by Alabama Disabilities Advocacy Program, Vandarius S. Darnell, Demontray Hunter, Marcus Jackson, Henry P. McGhee, Timothy D. Mount, Travis S. Parks, Russell D. Senn, Frank White, Jr. (Attachments: # 1 Exhibit Executed Settlement Agreement)(Gadd, Martha) (Entered: 04/04/2017)

1 Exhibit Executed Settlement Agreement

View on PACER

April 4, 2017

April 4, 2017

PACER
59

MOTION to Withdraw as Attorney by James V. Perdue. (Childs, Larry) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER
58

MOTION to Withdraw as Attorney by James V. Perdue. (Malcom, Brian) (Entered: 04/04/2017)

April 4, 2017

April 4, 2017

PACER

*** Attorney Larry Brittain Childs and Brian James Malcom terminated pursuant to the 63 text order. (kh, )

April 6, 2017

April 6, 2017

PACER

Add and Terminate Attorneys

April 6, 2017

April 6, 2017

PACER
63

TEXT ORDER granting 58 Motion to Withdraw as Attorney. ; granting 59 Motion to Withdraw as Attorney. Signed by Honorable Judge Myron H. Thompson on 4/6/2017. (no pdf document attached to this entry)(kh, ) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
62

TEXT ORDER granting 61 Joint Motion to Seal Exhibit. Signed by Honorable Judge Myron H. Thompson on 4/6/2017. (no pdf document attached to this entry)(kh, ) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER

Set Hearings: Telephone Conference set for 4/13/2017 02:45 PM by telephone before Honorable Judge Myron H. Thompson. (ag, )

April 10, 2017

April 10, 2017

PACER

Set/Reset Hearings

April 10, 2017

April 10, 2017

PACER
64

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Telephone Conference held on 4/13/2017 (PDF available for court use only). (Recording Time 2:49 - 3:36.) (ag, ) (Main Document 64 replaced on 4/13/2017) (ag, ). (Main Document 64 replaced on 4/13/2017) (ag, ). (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Post-PLRA enforceable consent decrees

Post-WalMart decisions on class certification

Key Dates

Filing Date: Sept. 30, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who have been, or will be during the period that this Agreement remains in effect, charged with a crime, within the meaning of Rule 1.4(b) of the Alabama Rules of Criminal Procedure, in a court of competent jurisdiction in the State of Alabama, and detained in an Alabama city or county jail or Alabama Department of Corrections facility while awaiting a court-ordered Mental Evaluation or court-ordered Competency Restoration Treatment, as further set out.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alabama (Montgomery), State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $345,482.84

Order Duration: 2018 - 2021

Content of Injunction:

Goals (e.g., for hiring, admissions)

Recordkeeping

Reporting

Required disclosure

Training

Issues

General:

Commitment procedure

Conditions of confinement

Placement in detention facilities

Placement in mental health facilities

Rehabilitation

Discrimination-area:

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified