Case: Bradley v. Haley

2:92-cv-00070 | U.S. District Court for the Middle District of Alabama

Filed Date: Jan. 15, 1992

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On January 15, 1992, a group of prisoners incarcerated in the Alabama Department of Corrections brought suit in the U.S. District Court for the Middle District of Alabama under 42 U.S.C. §1983 challenging the adequacy of mental health treatment provided by state prison officials. The plaintiffs, mentally ill prisoners, were represented by private counsel and the Southern Poverty Law Center. The case was assigned to Judge W. Harold Albritton III.The plaintiffs were granted class certification on…

On January 15, 1992, a group of prisoners incarcerated in the Alabama Department of Corrections brought suit in the U.S. District Court for the Middle District of Alabama under 42 U.S.C. §1983 challenging the adequacy of mental health treatment provided by state prison officials. The plaintiffs, mentally ill prisoners, were represented by private counsel and the Southern Poverty Law Center. The case was assigned to Judge W. Harold Albritton III.

The plaintiffs were granted class certification on September 15, 1993. The class was defined as "[a]ll acutely and severely mentally ill inmates who are presently incarcerated at the Kilby Correctional Facility or who will be incarcerated there in the future." The case was later referred to mediation.

Judge Albritton approved a settlement agreement on September 28, 2000. The settlement agreement established a schedule for implementing various improvements for mental health treatment. James Quigley, Alabama DOC Settles Mental Health Class Action, Prison Legal News, July 2003, at 29. The improvements included comprehensive mental health policies, procedures and program manuals; bed space increases and mental health facility renovations, staff increases and training; and a requirement of National Commission on Correctional Health Care (NCCHC) accreditation by April 2002. The agreement also appointed Jane Haddad to facilitate the implementation of the agreement and to oversee its compliance. The case was closed on June 27, 2001.

On August 19, 2002, a prisoner filed an objection to the settlement. But because the court gave final approval of the settlement on June 27, 2001, this objection was untimely. As such, the court overruled the objection.

On May 21, 2003, the parties jointly filed a modification to the settlement agreement, extending all deadlines by fifteen months with the settlement agreement terminating on January 1, 2005. That date has passed without any indication of non-compliance. The case is now closed.

Summary Authors

Tom Madison (3/27/2006)

Elizabeth Heise (10/7/2018)

People


Judge(s)

Albritton, William Harold III (Alabama)

Coody, Charles S. (Alabama)

Attorneys(s) for Plaintiff

Brownstein, Rhonda C. (Alabama)

Cohen, J. Richard (Alabama)

Dawson, William Monroe Jr. (Alabama)

Gear, Gayle H. (Alabama)

Harrington, Kathryn Sumrall (Alabama)

Hosp, Edward Andrew (Alabama)

Hubertz, Elizabeth J. (Illinois)

James, Jennifer R. (Alabama)

Judge(s)

Albritton, William Harold III (Alabama)

Coody, Charles S. (Alabama)

Attorneys(s) for Plaintiff

Brownstein, Rhonda C. (Alabama)

Cohen, J. Richard (Alabama)

Dawson, William Monroe Jr. (Alabama)

Gear, Gayle H. (Alabama)

Harrington, Kathryn Sumrall (Alabama)

Hosp, Edward Andrew (Alabama)

Hubertz, Elizabeth J. (Illinois)

James, Jennifer R. (Alabama)

Kleinberg, Elizabeth A. (Alabama)

North, William Richard (Alabama)

Sumners, Pamela Lauren (Illinois)

Attorneys(s) for Defendant

Boswell, Alice Ann (Alabama)

Byrne, Alice Ann (Alabama)

Davenport, Ronald G. (Alabama)

Huffaker, R. Austin Jr. (Alabama)

Kellum, Julia Elizabeth (Alabama)

Leonard, Ellen Ruth (Alabama)

Lyles, Harry A. (Alabama)

Northcutt, Robert F. (Alabama)

Pryor, William Holcombe Jr. (Alabama)

Redd, Andrew Weldon (Alabama)

Trawick, Gary R. (Alabama)

Westry, Milton J. (Alabama)

Wilson, James Eldon (Alabama)

Expert/Monitor/Master

Haddad, Jane (Virginia)

Documents in the Clearinghouse

Document

2:92-cv-00070

Docket [PACER]

Dec. 8, 2009

Dec. 8, 2009

Docket
1

2:92-cv-00070

Complaint

Jan. 15, 1992

Jan. 15, 1992

Complaint
62

2:92-cv-00070

Order [Re: Class Certification]

Bradley v. Harrelson

151 F.R.D. 422

Sept. 15, 1993

Sept. 15, 1993

Order/Opinion
304

2:92-cv-00070

Settlement Agreement

Sept. 28, 2000

Sept. 28, 2000

Settlement Agreement
420

2:92-cv-00070

Joint Modification to Settlement Agreement

Bradley v. Hightower

May 21, 2003

May 21, 2003

Pleading / Motion / Brief

2:92-cv-00070

Alabama Department of Corrections Improvements in Mental Health Services for Inmates

No Court

Dec. 12, 2003

Dec. 12, 2003

Monitor/Expert/Receiver Report

2:92-cv-00070

Expert Report Mental Health Care in the Alabama Department of Corrections Bradley v. Hightower

Bradley v. Hightower

None

None

Monitor/Expert/Receiver Report

Resources

Docket

Last updated July 21, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; request for declaratory & injunctive relief (cc) (Entered: 06/23/1992)

Jan. 15, 1992

Jan. 15, 1992

1

DEMAND for jury trial by Thomas Paul Bradley. STRICKEN PER ORDER OF 9/15/93 (cc) Modified on 09/16/1993 (Entered: 06/23/1992)

Jan. 15, 1992

Jan. 15, 1992

Filing Fee Paid; FILING FEE $ 120.00 RECEIPT # 42754 (cc) (Entered: 06/23/1992)

Jan. 15, 1992

Jan. 15, 1992

2

MOTION by Thomas Paul Bradley for temporary restraining order construed as motion for order permitting psychiatrist visit to plaintiff at present place of incarceration per order of 1/17/92. referred to Mag. Judge John L. Carroll (cc) Modified on 06/23/1992 (Entered: 06/23/1992)

Jan. 15, 1992

Jan. 15, 1992

STAFF ATTORNEY − Hinson − effective date: 11/10/97 (dkt clerk) (Entered: 11/14/1997)

Jan. 15, 1992

Jan. 15, 1992

3

ORDER setting a hearing by conference call on the motion regarding psychiatrist's visit for 1/17/92 at 8:00 a.m. ( signed by Mag. Judge John L. Carroll ) , copies mailed to plaintiff, counsel, named defendants, Jimmy H. Evans & Harry A. Lyles. (cc) (Entered: 06/23/1992)

Jan. 17, 1992

Jan. 17, 1992

4

ORDER granting [2−1] motion for order permitting psychiatrist's visit to plaintiff at present place of incarceration; directing defendants to allow plaintiff to be seen by a private psychiatrist or psychologist at a time mutually agreed upon by counsel for the parties; that counsel for plaintiff be allowed to videotape his client, contingent upon plaintiff providing an appropriate release to DOC ( signed by Mag. Judge John L. Carroll ) , copies mailed to plaintiff, counsel, named defendants, Jimmy H. Evans & Harry A. Lyles. (cc) (Entered: 06/23/1992)

Jan. 17, 1992

Jan. 17, 1992

Plaintiff's order of 1/17/92 returned with following notation "Returned to Sender−Refused by Inmate". Referred to Magistrate Judge Carroll. (cc) (Entered: 06/23/1992)

Jan. 22, 1992

Jan. 22, 1992

5

NOTICE of ACKNOWLEDGEMENT of SERVICE as to E. L. Harrelson, Larry D. Stricklin 1/28/92 (cc) (Entered: 06/23/1992)

Jan. 29, 1992

Jan. 29, 1992

6

ORDER, set Answer deadline to 2/19/92 for Larry D. Stricklin, for Morris L. Thigpen, for E. L. Harrelson ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; mailed by CMRRR w/copy of complaint to named defendants. (cc) (Entered: 06/23/1992)

Jan. 30, 1992

Jan. 30, 1992

7

NOTICE of ACKNOWLEDGEMENT of SERVICE as to Morris L. Thigpen 1/29/92 (cc) (Entered: 06/23/1992)

Jan. 30, 1992

Jan. 30, 1992

8

NOTICE of ACKNOWLEDGEMENT of SERVICE as to E. L. Harrelson, Larry D. Stricklin 1/31/92 Answer due on 2/20/92 for Larry D. Stricklin, for E. L. Harrelson (cc) (Entered: 06/23/1992)

Feb. 3, 1992

Feb. 3, 1992

9

NOTICE of ACKNOWLEDGEMENT of SERVICE as to Morris L. Thigpen 2/3/92 Answer due on 2/24/92 for Morris L. Thigpen (cc) (Entered: 06/23/1992)

Feb. 4, 1992

Feb. 4, 1992

10

MOTION by Larry D. Stricklin to be Dismissed with prejudice as a defendant referred to Mag. Judge John L. Carroll (cc) (Entered: 06/23/1992)

Feb. 7, 1992

Feb. 7, 1992

11

ORDER, Response to Motion set to 2/26/92 for [10−1] motion to be Dismissed with prejudice as a defendant , set Scheduling Conference for 11:00 3/6/92 ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel, defendants Harrelson & Thigpen, Jimmy H. Evans & Harry A. Lyles. (cc) (Entered: 06/23/1992)

Feb. 12, 1992

Feb. 12, 1992

12

DEMAND for jury trial by E. L. Harrelson, Morris L. Thigpen (cc) (Entered: 09/16/1993)

Feb. 21, 1992

Feb. 21, 1992

12

ANSWER to Complaint by E. L. Harrelson, Morris L. Thigpen (Attorney Alice Ann Boswell, Harry A. Lyles), referred to Magistrate Judge Carroll. (cc) Modified on 09/16/1993 (Entered: 06/23/1992)

Feb. 21, 1992

Feb. 21, 1992

14

MOTION by Thomas Paul Bradley for oral argument referred to Mag. Judge John L. Carroll (cc) (Entered: 06/24/1992)

Feb. 26, 1992

Feb. 26, 1992

13

RESPONSE by Thomas Paul Bradley to [10−1] motion to be Dismissed with prejudice as a defendant by Larry D. Stricklin (cc) (Entered: 09/15/1992)

Feb. 26, 1992

Feb. 26, 1992

15

MOTION by Thomas Paul Bradley to expedite Class Certification ; MOTION to define class referred to Mag. Judge John L. Carroll (cc) (Entered: 06/24/1992)

March 6, 1992

March 6, 1992

16

ORDER, directing plaintiff to immediately Amend [15−1] motion to expedite Class Certification filed 3/6/92 ( signed by Mag. Judge John L. Carroll ) , copies mailed to plaintiff & counsel. (cc) (Entered: 06/24/1992)

March 10, 1992

March 10, 1992

18

AMENDED MOTION by Thomas Paul Bradley to expedite Class Certification , MOTION for period of 3 months in which to conduct discovery in advance of a hearing on class certification referred to Mag. Judge John L. Carroll (cc) (Entered: 06/24/1992)

March 11, 1992

March 11, 1992

19

REPORT AND RECOMMENDATIONS of Mag. Judge John L. Carroll that defendant Stricklin's motion to dismiss be denied . Objections to R and R due by 4/13/92 , copies mailed to counsel. (cc) (Entered: 06/24/1992)

March 24, 1992

March 24, 1992

20

ORDER, for Hearing on 6/23/92 at 9:00 a.m. in third floor courtroom, U.S. Courthouse & Fed. Bldg., Montg., AL , set Brief deadline to 6/15/92 for all briefs related to the class certification issue ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; furnished Stan, Marie & USM. (cc) (Entered: 06/24/1992)

March 24, 1992

March 24, 1992

21

OBJECTION by Larry D. Stricklin to [19−1] report and recommendations. referred to Magistrate Judge Carroll. (cc) (Entered: 06/24/1992)

April 6, 1992

April 6, 1992

22

MOTION by Thomas Paul Bradley for Leave to File amendment to complaint ; proposed amendment referred to Mag. Judge John L. Carroll (cc) (Entered: 06/24/1992)

April 15, 1992

April 15, 1992

23

ORDER TO SHOW CAUSE why plaintiff's motion for leave to amend filed 4/15/92 should not be granted: Response to order to show cause due 5/7/92 for Larry D. Stricklin, for Morris L. Thigpen, for E. L. Harrelson ( signed by Mag. Judge John L. Carroll ) Copies mailed to counsel. (cc) (Entered: 06/24/1992)

April 22, 1992

April 22, 1992

24

NOTICE of Attorney Appearance for E. L. Harrelson, Morris L. Thigpen by David B. Byrne Jr., Julia Elizabeth Kellum (cc) (Entered: 06/24/1992)

April 28, 1992

April 28, 1992

25

MOTION by E. L. Harrelson, Morris L. Thigpen for copy of amended complaint , to Extend Time in which to respond to show cause order of 4/22/92 referred to Mag. Judge John L. Carroll (cc) (Entered: 06/24/1992)

May 6, 1992

May 6, 1992

26

ORDER granting [10−1] motion to Dismiss to the extent that plaintiff seeks monetary damages against defendant Stricklin in his official capacity; that cause shall proceed against defendant Stricklin in his official capacity for injunctive & declaratory relief and in his individual capacity for damages pending further consideration of his qualified immunity defense; finding that defendant Stricklins' remaining objections to magistrate judge's recommendation are without merit and the recommendation is due to be adopted as modified by this order; referring this cause to the magistrate judge for further proceedings & recommendation. ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (cc) (Entered: 06/24/1992)

May 11, 1992

May 11, 1992

27

ORDER granting [25−1] motion for copy of amended complaint; directing plaintiff to provide said defendants with a copy of amended complaint by 5/20/92; allowing defendants until 6/1/92 to Show Cause why the motion for leave to amend should not be granted ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 06/24/1992)

May 13, 1992

May 13, 1992

28

RESPONSE by Thomas Paul Bradley in opposition to [25−1] motion for copy of amended complaint by Morris L. Thigpen, E. L. Harrelson. referred to Magistrate Judge Carroll. (cc) (Entered: 06/24/1992)

May 13, 1992

May 13, 1992

29

Response to order to show cause by E. L. Harrelson, Morris L. Thigpen. Referred to Magistrate Judge Carroll. (cc) (Entered: 09/15/1992)

May 21, 1992

May 21, 1992

30

MOTION by Thomas Paul Bradley for Continuance of 60 days for class certification hearing referred to Mag. Judge John L. Carroll (cc) (Entered: 06/24/1992)

June 2, 1992

June 2, 1992

31

ORDER granting [22−1] motion for Leave to File amendment to complaint ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 06/24/1992)

June 4, 1992

June 4, 1992

32

ORDER granting [30−1] motion for Continuance of 60 days for class certification hearing; setting hearing for 8/19/92 at 9:00 a.m., Third Floor Courtroom, U.S. Courthouse & Fed. Bldg, Montg., AL ( signed by Mag. Judge John L. Carroll ) , copies

June 4, 1992

June 4, 1992

34

ORDER, reset Brief deadline to 8/11/92 for all briefs related to the class certification issue ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 06/24/1992)

June 10, 1992

June 10, 1992

35

ANSWER to Complaint, as amended, by Larry D. Stricklin (Attorney G.R. Trawick). Referred to Magistrate Judge Carroll. (cc) (Entered: 06/24/1992)

June 19, 1992

June 19, 1992

36

MOTION by Larry D. Stricklin for Summary Judgment ; affidavit of Larry D. Stricklin in support referred to Mag. Judge John L. Carroll (cc) (Entered: 07/02/1992)

July 2, 1992

July 2, 1992

37

RESPONSE by E. L. Harrelson to amended request for production of documents (attachments). Referred to Magistrate Judge Carroll. (cc) (Entered: 07/23/1992)

July 22, 1992

July 22, 1992

38

ORDER informing the parties that they need not file future responses to discovery requests with this court ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 07/30/1992)

July 30, 1992

July 30, 1992

39

MEMORANDUM by Larry D. Stricklin in opposition to [15−1] motion to expedite Class Certification by Thomas Paul Bradley. Referred to Magistrate Judge Carroll. (cc) (Entered: 08/11/1992)

Aug. 11, 1992

Aug. 11, 1992

40

AFFIDAVIT of Hon. William M. Dawson Re: [15−1] motion to expedite Class Certification by Thomas Paul Bradley. Referred to Magistrate Judge Carroll. (cc) (Entered: 08/11/1992)

Aug. 11, 1992

Aug. 11, 1992

41

MEMORANDUM by Thomas Paul Bradley in support of [15−1] motion to expedite Class Certification by Thomas Paul Bradley. Referred to Magistrate Judge Carroll. (cc) (Entered: 08/11/1992)

Aug. 11, 1992

Aug. 11, 1992

42

MEMORANDUM by E. L. Harrelson, Morris L. Thigpen in opposition (w/Exhibits A−E under separate cover w/file) to [15−1] motion to expedite Class Certification by Thomas Paul Bradley. Referred to Magistrate Judge Carroll. (cc) (Entered: 08/11/1992)

Aug. 11, 1992

Aug. 11, 1992

Hearing on class certification held (cc) (Entered: 08/20/1992)

Aug. 19, 1992

Aug. 19, 1992

43

Courtroom Deputy's MINUTES of proceedings; witness list; exhibits lists; Exhibits under separate cover w/file. (cc) (Entered: 08/20/1992)

Aug. 19, 1992

Aug. 19, 1992

44

RESPONSE by Thomas Paul Bradley in opposition to [42−1] memorandum by Morris L. Thigpen, E. L. Harrelson. Referred to Magistrate Judge Carroll. (cc) (Entered: 08/20/1992)

Aug. 19, 1992

Aug. 19, 1992

45

ORDER directing defendants to produce documents, as further set out, and provide copies to counsel for plaintiff; set Discovery deadline to 9/21/92 ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) Modified on 08/21/1992 (Entered: 08/21/1992)

Aug. 21, 1992

Aug. 21, 1992

46

AFFIDAVIT of Twala Grant Re: [45−1] order as to copies of the "waiting list" maintained by the Department of Mental Health (referenced list attached). Referred to Magistrate Judge Carroll. (cc) (Entered: 09/18/1992)

Sept. 18, 1992

Sept. 18, 1992

47

NOTICE of compliance with order of 8/21/92 by E. L. Harrelson, Morris L. Thigpen; plaintiff's medical records & institutional record under separate cover w/file. Referred to Magistrate Judge Carroll. (cc) (Entered: 09/22/1992)

Sept. 22, 1992

Sept. 22, 1992

48

MOTION by Thomas Paul Bradley to visit land & premises at Kilby Correctional Facility pursuant to Rule 34 Fed.R.Civ.P. referred to Mag. Judge John L. Carroll (cc) (Entered: 09/30/1992)

Sept. 30, 1992

Sept. 30, 1992

49

ORDER suspending the filing of discovery matters in this case unless directed to do so by the court ( signed by Mag. Judge John L. Carroll ) , copies mailedto counsel. (cc) (Entered: 10/06/1992)

Oct. 6, 1992

Oct. 6, 1992

51

Second amended MOTION by Thomas Paul Bradley for expedited class certification referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 02/17/1993)

Feb. 17, 1993

Feb. 17, 1993

52

ORDER allowing parties to file any additional memoranda which they may wish directed at the class action issue on or before 3/4/93. ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (dkt clerk) Modified on 02/18/1993 (Entered: 02/17/1993)

Feb. 17, 1993

Feb. 17, 1993

53

MOTION by Morris L. Thigpen to Extend Time in which to file memorandum regarding class action certification Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 02/25/1993)

Feb. 24, 1993

Feb. 24, 1993

Stamped ORDER granting [53−1] motion to Extend Time in which to file memorandum regarding class action certification to and including 3/8/93. ( by Mag. Judge John L. Carroll ) , copies mailed to counsel. (dkt clerk) (Entered: 03/02/1993)

March 2, 1993

March 2, 1993

54

REPORT AND RECOMMENDATIONS of Mag. Judge John L. Carroll: (1) that the motion for expedited class certification filed on 3/6/92, as amended on 2/17/93, be granted; (2) that a plaintiff class be certified as consisting of all acutely and severely mentally ill inmates who are presently incarcerated at the Kilby Correctional Facility or who will be incarcerated there in the future because the Alabama Department of Corrections or the prison health care provider has determined that they are in need of mental health treatment; and (3) that Thomas Paul Bradley, by his father and next friend William Bradley, be named as the class representative; objections to R and R due by 6/7/93 , copies mailed to counsel. (dkt clerk) (Entered: 05/20/1993)

May 20, 1993

May 20, 1993

55

MOTION by E. L. Harrelson, Morris L. Thigpen to Extend Time in which to file objections to the Magistrate Judge's recommendation referred to Mag. Judge John L. Carroll (djy) (Entered: 06/07/1993)

June 3, 1993

June 3, 1993

56

MOTION by E. L. Harrelson, Morris L. Thigpen to Extend Time in which to file their objections to the Magistrate Judge's recommendation referred to Mag. Judge John L. Carroll (djy) (Entered: 06/07/1993)

June 3, 1993

June 3, 1993

57

OBJECTION by E. L. Harrelson, Morris L. Thigpen, Larry D. Stricklin to [54−1] report and recommendations. Referred to Magistrate Judge Carroll. (dkt clerk) (Entered: 06/09/1993)

June 8, 1993

June 8, 1993

58

ORDER directing plaintiff to file a response to the defendants' 6/8/93 objections to recommendation, on or before 6/24/93. ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (dkt clerk) (Entered: 06/15/1993)

June 15, 1993

June 15, 1993

59

MOTION by Thomas Paul Bradley to Extend Time in which to file a response to defendants' objections to recommendation referred to Mag. Judge John L. Carroll (cc) (Entered: 06/24/1993)

June 23, 1993

June 23, 1993

Stamped ORDER granting until 6/28/93, [59−1] motion to Extend Time in which to file a response to defendants' objections to recommendation ( by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 06/25/1993)

June 25, 1993

June 25, 1993

60

RESPONSE by Thomas Paul Bradley in opposition to [57−1] objection by Larry D. Stricklin, Morris L. Thigpen, E. L. Harrelson. Referred to Magistrate Judge Carroll. (cc) (Entered: 06/29/1993)

June 29, 1993

June 29, 1993

61

Plaintiffs' response regarding status of William Bradley as a party in this litigation. Referred to Magistrate Judge Carroll. (cc) (Entered: 06/29/1993)

June 29, 1993

June 29, 1993

62

ORDER overruling defendants' objections; adopting [54−1] report and recommendations; striking plaintiff's claim for compensatory and punitive damages and plaintiff's demand for jury trial; granting motion for Class Certification; certifying, pursuant to Rule 23(b)(2), a plaintiff class consisting of all acutely and severely mentally ill inmates who are presently incarcerated at the Kilby Correctional Facility or who will be incarcerated there in the future, because the Alabama Department of Corrections or the prison health care provider has determined that they are in need of mental health treatment; certifying and naming as class representative, Thomas Paul Bradley, by his father and next friend, William H. Bradley; Remanding Case to Mag. Judge John L. Carroll for further proceedings ( signed by Judge W. H. Albritton III ) , copies mailed to counsel. (cc) (Entered: 09/15/1993)

Sept. 15, 1993

Sept. 15, 1993

63

ORDER set Scheduling Conference for 10:00 10/1/93 in chambers of magistrate judge, Room 312, Frank M. Johnson, Jr. Fed. Bldg. & U.S. Courthouse, Montg., Ala. ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; furnished Stan. (cc) (Entered: 09/20/1993)

Sept. 20, 1993

Sept. 20, 1993

64

ORDER set Additional Scheduling Conference for 9:00 1/4/94 in chambers of U.S. Magistrate Judge John L. Carroll, Room 312, Frank M. Johnson, Jr. Fed. Bldg. & U.S. Courthouse, Montg., Ala. ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; furnished Stan. (cc) (Entered: 10/04/1993)

Oct. 4, 1993

Oct. 4, 1993

Scheduling conference held (cc) (Entered: 01/05/1994)

Jan. 4, 1994

Jan. 4, 1994

65

ORDER directing the plaintiff to file with the court, on or before 3/1/94, a report which details the specific constitutional right that each defendant has violated and details exactly how each defendant has violated that constitutional right ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 01/05/1994)

Jan. 5, 1994

Jan. 5, 1994

66

SCHEDULING ORDER setting Pretrial Conference for 8:30 8/19/94 before Mag. Judge John L. Carroll; Motion Filing deadline on 6/1/94, for all dispositive motions; Discovery cutoff 8/5/94; Evidentiary Hearing set for 9:00 9/19/94 before Mag. Judge John L. Carroll; ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel; furnished Marie & Stan. MODIFIED, per court's order, 11/16/94. (cc) Modified on 11/16/1994 (Entered: 01/05/1994)

Jan. 5, 1994

Jan. 5, 1994

67

MOTION for Alice A. Byrne to Withdraw as Attorney of record for defendants M.L. Thigpen and E.L. Harrelson referred to Mag. Judge John L. Carroll (cc) (Entered: 01/12/1994)

Jan. 12, 1994

Jan. 12, 1994

67

NOTICE of Attorney Appearance for E. L. Harrelson, Morris L. Thigpen by Ellen Ruth Leonard, Andrew W. Redd (cc) (Entered: 01/13/1994)

Jan. 12, 1994

Jan. 12, 1994

68

ORDER granting [67−1] motion for Alice A. Byrne to Withdraw as Attorney of record for defendants M.L. Thigpen and E.L. Harrelson (Terminated attorney Alice Ann Byrne for Morris L. Thigpen and for E. L. Harrelson) ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 01/13/1994)

Jan. 13, 1994

Jan. 13, 1994

69

Plaintiff's More Definite Statement regarding constitutional rights violated by individual defendants filed per order of 1/5/94. Referred to Magistrate Judge Carroll. (cc) (Entered: 03/01/1994)

March 1, 1994

March 1, 1994

70

Plaintiff's corrected copy of his More Definite Statement filed per order of 1/5/94. Referred to Magistrate Judge Carroll. (cc) Modified on 03/04/1994 (Entered: 03/03/1994)

March 3, 1994

March 3, 1994

71

NOTICE of Attorney Appearance for Thomas Paul Bradley by Pamela L. Sumners, Elizabeth Joy Hubertz (cc) Modified on 04/11/1994 (Entered: 04/11/1994)

April 11, 1994

April 11, 1994

72

MOTION by Thomas Paul Bradley to Substitute party Tommy Herring for Morris Thigpen & David Guy for Larry Stricklin referred to Mag. Judge John L. Carroll (cc) (Entered: 05/03/1994)

May 3, 1994

May 3, 1994

73

MOTION by Thomas Paul Bradley for Protective Order referred to Mag. Judge John L. Carroll (cc) (Entered: 05/09/1994)

May 9, 1994

May 9, 1994

74

BRIEF by Thomas Paul Bradley in support of [73−1] motion for Protective Order referred to Mag. Judge John L. Carroll (cc) (Entered: 05/09/1994)

May 9, 1994

May 9, 1994

Stamped ORDER granting [72−1] motion to Substitute party Tommy Herring for Morris Thigpen & David Guy for Larry Stricklin; terminated Larry D. Stricklin, Morris L. Thigpen; Added Tommy Herring, David Gay ( by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 05/16/1994)

May 16, 1994

May 16, 1994

75

ORDER directing defendants to file a response to plaintiff's motion for protective order; Response to Motion set to 5/22/94 for [73−1] motion for Protective Order ( signed by Mag. Judge John L. Carroll ) , copies mailed to counsel. (cc) (Entered: 05/16/1994)

May 16, 1994

May 16, 1994

76

RESPONSE by E. L. Harrelson, Tommy Herring and David Gay in opposition to [73−1] motion for Protective Order by Thomas Paul Bradley; (Exhibits A − E attached). Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 05/23/1994)

May 23, 1994

May 23, 1994

77

RESPONSE by Thomas Paul Bradley in opposition to [76−1] opposition to motion for protective order by David Gay, Tommy Herring and E. L. Harrelson. Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 05/31/1994)

May 27, 1994

May 27, 1994

78

MOTION by E. L. Harrelson, Tommy Herring and David Gay to Extend Time to file Response to Third Request for consolidated discovery and Third Request for production of documents ; (Exhibits A − B attached). Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 06/15/1994)

May 27, 1994

May 27, 1994

79

MOTION by E. L. Harrelson and Tommy Herring for Summary Judgment . Referred to Mag. Judge John L. Carroll. STRIKING REFERENCE TO DR. JONES' AFFIDAVIT, per court's motion granted, 2/16/95 (dkt clerk) Modified on 02/17/1995 (Entered: 06/02/1994)

June 1, 1994

June 1, 1994

80

MEMORANDUM BRIEF by E. L. Harrelson and Tommy Herring in support of [79−1] motion for Summary Judgment by Tommy Herring and E. L. Harrelson; (Exhibits A − G maintained in separate binder with file). Referred to Mag. Judge John L. Carroll (dkt clerk) Modified on 06/15/1994 (Entered: 06/02/1994)

June 1, 1994

June 1, 1994

81

MOTION by Thomas Paul Bradley for Second Discovery Conference or, in the alternative, for expedited Pretrial Conference . Referred to Mag. Judge John L. Carroll (dkt clerk) Modified on 06/28/1994 (Entered: 06/03/1994)

June 2, 1994

June 2, 1994

82

RESPONSE by Thomas Paul Bradley in opposition to motion for Extension of Time in which to respond to plaintiffs' third request for consolidated discovery and third request for production of documents. Referred to Mag. Judge John L. Carroll (dkt clerk) Modified on 06/15/1994 (Entered: 06/03/1994)

June 2, 1994

June 2, 1994

83

ORDER granting [81−1] motion for Second Discovery Conference or, in the alternative, for expedited Pretrial Conference the following extent: Counsel for the parties shall confer in person on or before 6/15/94 in an attempt to resolve all of the pending discovery disputes; If the disputes cannot be resolved, then the parties are to file on or before 6/17/94, a joint statement of discovery disputes, containing a listing of each discovery dispute which remains and the parties' contention with regard to that dispute; If a further discovery conference is necessary to resolve disputes, setting Discovery Hearing at 9:00 A.M. on 6/20/94, before Mag. Judge John L. Carroll in the Third Floor Courtroom, The Frank M. Johnson, Jr. Federal Building and U.S. Courthouse, Montgomery, AL ; (signed by Mag. Judge L. Carroll). Copies mailed to counsel; Furnished: Stan, Marie & USM. (dkt clerk) Modified on 06/17/1994 (Entered: 06/03/1994)

June 3, 1994

June 3, 1994

84

MOTION by David Gay for Summary Judgment . Referred to Mag. Judge John L. Carroll (dkt clerk) Modified on 06/15/1994 (Entered: 06/08/1994)

June 7, 1994

June 7, 1994

85

MOTION by Thomas Paul Bradley to Extend Time to respond to defendants' motion for Summary Judgment . Referred to Mag. Judge John L. Carroll (dkt clerk) Modified on 06/15/1994 (Entered: 06/13/1994)

June 10, 1994

June 10, 1994

86

ORDER granting [78−1] motion to Extend Time to file Response to Third Request for consolidated discovery and Third Request for production of documents; extending time to and including 6/20/94 to respond to Third Request for consolidated discovery and Third Request for production of documents; ( signed by Mag. Judge John L. Carroll ). Copies mailed to counsel. (dkt clerk) (Entered: 06/15/1994)

June 15, 1994

June 15, 1994

87

ORDER resetting Discovery Hearing to 5:00 p.m. on 6/20/94 before Mag. Judge John L. Carroll ; ( signed by Mag. Judge John L. Carroll ). Copies mailed to counsel; (Faxed copy to counsel, as directed); Furnished: Stan, Marie, USM. (dkt clerk) (Entered: 06/17/1994)

June 17, 1994

June 17, 1994

Discovery Hearing − HELD − before Mag. Judge John L. Carroll on 6/20/94 (dkt clerk) (Entered: 06/28/1994)

June 20, 1994

June 20, 1994

89

BRIEF by Thomas Paul Bradley in support of [88−1] motion to Compel Production of Documents; (Exhibits A − K attached). Referred to Mag. Judge John L. Carroll (dkt clerk) (Entered: 06/23/1994)

June 23, 1994

June 23, 1994

90

ORDER Motion Hearing set for 3:00 p.m. on 6/27/94, for [88−1] motion to Compel Production of Documents in Third Floor Courtroom, The Frank M. Johnson, Jr. Federal Building and U.S. Courthouse, Montgomery, AL ; directing Counsel for QuestCare to appear at said Hearing; ( signed by Mag. Judge John L. Carroll ). Copies mailed (and faxed) to counsel; Furnished: Marie, Stan & USM. (dkt clerk) Modified on 06/28/1994 (Entered: 06/23/1994)

June 23, 1994

June 23, 1994

91

RESPONSE to court's oral order given during Discovery Hearing, 6/20/94; (plaintiff's medical records attached). Referred to Magistrate Judge Carroll. (dkt clerk) Modified on 08/09/1994 (Entered: 08/09/1994)

June 23, 1994

June 23, 1994

92

RESPONSE by counsel for QuestCare, Inc. in opposition to part of Subpoena for Documents by plaintiffs; (Attachments). Referred to Mag. Judge John L. Carroll (dkt clerk) Modified on 08/09/1994 (Entered: 06/28/1994)

June 27, 1994

June 27, 1994

Case Details

State / Territory: Alabama

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 15, 1992

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All acutely and severely mentally ill inmates who are presently incarcerated at the Kilby Correctional Facility or who will be incarcerated there in the future.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alabama Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2000 - 2005

Content of Injunction:

Hire

Monitoring

Other requirements regarding hiring, promotion, retention

Training

Issues

General:

Counseling

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Mental health care, general

Type of Facility:

Government-run