Case: Demontray Hunter v. Kimberly Boswell, Commissioner of the Alabama Department of Mental Health

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

This is a case challenged the failure of the state of Alabama to provide court-ordered inpatient mental evaluations that are used to determine competency to stand trial, and to provide competency restoration treatment to persons committed to its custody in a timely manner. In their complaint, Plaintiffs alleged that pretrial detainees remained incarcerated in a county jail for up to eight months after a court order committing them to the Department for treatment or evaluation, in jails that are…

This is a case challenged the failure of the state of Alabama to provide court-ordered inpatient mental evaluations that are used to determine competency to stand trial, and to provide competency restoration treatment to persons committed to its custody in a timely manner. In their complaint, Plaintiffs alleged that pretrial detainees remained incarcerated in a county jail for up to eight months after a court order committing them to the Department for treatment or evaluation, in jails that are ill-equipped to care for individuals with mental illness and intellectual disabilities.  

On September 30, 2016, eight plaintiffs, individually and on behalf of all others similarly situated, along with the Alabama Disability Advocacy Project, the state's Protection and Advocacy agency (ADAP) as an associational plaintiff, filed this lawsuit in United States District Court For The Middle District Of Alabama, Northern Division. They alleged violations of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution, as enforced through 42 U.S.C. § 1983.  

The named individual plaintiffs were: 1) pretrial detainees who have been found incompetent to stand trial and have been committed to the custody of the state for competency restoration; 2) a pretrial detainee who may be incompetent and has been committed for an inpatient mental evaluation.  The original defendant was James Perdue, in his official capacity as Commissioner of the Alabama Department of Mental Health (ADMH). The final defendant was Commissioner Kimberly G. Boswell.

Plaintiffs, who were represented by private counsel, ADAP, and the ACLU chapters of South Carolina and Alabama, sought declaratory and injunctive relief. Defendants were represented by the state of Alabama and a private law firm.  The Judge Hon. Myron Thompson presided over the proceedings which lasted from Sep 30, 2016 to Jan. 25, 2018. 

In their amended complaint, plaintiffs requested the following relief:  1) that the court certify the case as a class action; 2) that it issue a declaratory judgment on the due process violations; 3) that it issue a preliminary and permanent injunction restraining the defendant from denying plaintiffs their due process right to timely, appropriate and adequate competency services in an appropriate therapeutic environment; 4) that the court monitor compliance; 4) attorney fees and costs.

The case settled in January 2018, with the issuance of a final settlement approval opinion/order and consent decree, including $275000 in attorney fees.  The settlement was comprehensive and included the elements requested in the complaint, as well as a stipulation as to the naming of a class and the requirement that evaluations, treatment and therapy occur within 45 days by the end of the first year of implementation. The settlement included notice to parties and the public, dispute resolution and specific timelines for compliance.  The case has been in a compliance monitoring posture since that time, with monitoring provided by ADAP and regular reports to the court. Most recently, in March 2025, on joint motion by the parties the decree's term was extended to January 31, 2027, "specifically as to inpatient mental competency restoration treatment."   

Summary Authors

NDRN (5/1/2025)

People

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


Judge(s)
Attorney for Plaintiff

Canada, Larry Gene (Alabama)

Faulks, Latisha Gotell (Alabama)

Gadd, Martha Geron (Alabama)

Attorney for Defendant

Childs, Larry Brittain (Alabama)

Dubin, Jacob Ari (Alabama)

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Documents in the Clearinghouse

Document
1

2:16-cv-00798

Complaint

Hunter, et. al. v. Perdue

Sept. 30, 2016

Sept. 30, 2016

Complaint
26

2:16-cv-00798

First Amended Complaint

Hunter, et. al. v. Perdue

Dec. 23, 2016

Dec. 23, 2016

Complaint
28

2:16-cv-00798

Memorandum Of Law In Support Of Plaintiffs' Motion For Preliminary Injunction

Hunter, et. al. v. Perdue

Dec. 23, 2016

Dec. 23, 2016

Pleading / Motion / Brief
66

2:16-cv-00798

Joint Proposal For Notice And Comment Regarding Proposed Settlement

Hunter, et. al. v. Perdue

April 27, 2017

April 27, 2017

Pleading / Motion / Brief
94

2:16-cv-00798

Class Action For Declaratory And Injunctive Relief

Hunter, et. al. v. Beshear

Jan. 25, 2018

Jan. 25, 2018

Order/Opinion
93

2:16-cv-00798

Final Settlement Approval Opinion and Order

Hunter, et. al. v. Beshear

Jan. 25, 2018

Jan. 25, 2018

Order/Opinion

2018 WL 564856

98

2:16-cv-00798

Order

Hunter v. Beshear

Feb. 12, 2018

Feb. 12, 2018

Order/Opinion

2018 WL 844402

116

2:16-cv-00798

Joint Report on Status of Compliance with Consent Decree

Demontray Hunter, et. al. v. Kimberly Boswell, Commissioner of the Alabama Department of Mental Health

Jan. 25, 2019

Jan. 25, 2019

Monitor/Expert/Receiver Report
138

2:16-cv-00798

Order

Hunter v. Beshear

Nov. 4, 2019

Nov. 4, 2019

Order/Opinion
139

2:16-cv-00798

Notice Of Submission Of Monitoring Report

Hunter v. Beshear

Dec. 5, 2019

Dec. 5, 2019

Pleading / Motion / Brief

Docket

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

Last updated July 8, 2025, 12:49 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

Clearinghouse
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

Order on Motion for Extension of Time to File Response/Reply

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

RECAP
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

Order on Motion for Extension of Time to File Response/Reply

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

Order on Motion to Seal

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

Clearinghouse
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

Clearinghouse
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

~Util - Set Hearings AND Order

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
50

Withdraw as Attorney

Jan. 31, 2017

Jan. 31, 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
52

Order on Motion to Withdraw as Attorney

Jan. 31, 2017

Jan. 31, 2017

PACER

Order on Motion for Leave to File

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

Case Details