Case: Henderson v. Thomas

2:11-cv-00224 | U.S. District Court for the Middle District of Alabama

Filed Date: March 28, 2011

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On March 28, 2011, a class of HIV-positive men and women imprisoned by the Alabama Department of Corrections (ADOC) filed this lawsuit in the United States District Court for the Middle District of Alabama, under the American with Disabilities Act of 1990 and the Rehabilitation Act. The plaintiffs, represented by the ACLU of Alabama, the national ACLU, the ACLU AIDS Project, and the ACLU National Prison Project, sought declaratory and injunctive relief and class certification.The plaintiffs all…

On March 28, 2011, a class of HIV-positive men and women imprisoned by the Alabama Department of Corrections (ADOC) filed this lawsuit in the United States District Court for the Middle District of Alabama, under the American with Disabilities Act of 1990 and the Rehabilitation Act. The plaintiffs, represented by the ACLU of Alabama, the national ACLU, the ACLU AIDS Project, and the ACLU National Prison Project, sought declaratory and injunctive relief and class certification.

The plaintiffs alleged that the ADOC's policy of segregating HIV-positive prisoners from the rest of the general population violated the ADA. Specifically, they alleged that the ADOC did not provide those prisoners with equal treatment because they excluded them from certain housing units, substance abuse programs, jobs, certain medical treatment, and work release. Additionally, the plaintiffs challenged the ADOC policy of publicizing the prisoners' HIV-positive status by requiring them to wear white armbands, stigmatizing those with HIV.

On August 30, 2012, the District Court (Judge Myron H. Thompson) approved the plaintiff's motion to certify the class, finding that the requirements for class certification had been met (289 F.R.D. 506). The class definition was "all present and future and future HIV positive inmates incarcerated in ADOC prisons."

On September 5, 2012, Judge Thompson denied the defendant's motion to dismiss for failure to state a claim upon which relief can be granted. In this ruling, Judge Thompson found that the plaintiffs "plausibly alleged" that the prisoners' HIV status qualified as an impairment that substantially limited a major life ability, as required under the definition of disability under the ADA, because the immune system of the person diagnosed was impaired. He also found that the claim under the Rehabilitation Act was sufficient because HIV did not fall under the Act's contagious disease exception. Judge Thompson also held that the plaintiffs did not need to exhaust their administrative remedies, as required under the Prison Litigation Reform Act, because the prison did not provide appropriate forms for the prisoners to use to file administrative grievances. Finally, he held that sovereign immunity did not apply, and thus the ADOC could be sued. 891 F. Supp. 2d 1296.

On December 21, 2012, Judge Thompson held that the policies of the ADOC did violate the ADA and the Rehabilitation Act. After finding that the plaintiffs had standing to sue and that their claims were not moot, Judge Thompson held that the blanket policy of segregation violated the two acts and that housing HIV-positive inmates at other facilities would not pose an undue burden on the state. The court did not address the allegations regarding the work release policy. 2012 WL 6681773.

On August 1, 2013, the parties reached a preliminary settlement. On August 6, the court preliminarily approved the proposed settlement agreement. Under the terms of the detailed agreement, the defendant agreed to the following: discontinuation of separate HIV housing and isolation at intake; revision of all HIV-specific policies and protocols; maintenance of an Acute Care Unit for inmate care; implementation of a detailed procedure before any HIV-positive inmate is transferred to defendant's facilities; adoption of new hiring and reporting requirements; and payment of $1.3 million in attorneys fees.

A consent decree entering the final approval of the parties' settlement was issued on September 30, 2013, and the court retained jurisdiction over the case. This primary agreement covered 14 of the 29 facilities in the state, and was developed in addition to a private agreement on the other 15 facilities. Both settlements had June 30, 2015 as expiration date (the private agreement followed the date set for the primary agreement).

On December 08, 2015, the defendants were ordered to pay $ 99,000.00 in additional attorney’s fees, regarding the work done since the entry of the consent decree.

After the payment of the additional fees, the case was dismissed in its entirety with prejudice on January 8, 2016. On April 8, 2016, a motion to reopen the case was denied, and Judge Thompson reiterated that this litigation was over.

The case is closed.

Summary Authors

Jonathan Forman (7/5/2013)

Priyah Kaul (11/18/2014)

Marcella Pereira Ferraro (5/17/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5513894/parties/henderson-v-dunn/


Judge(s)

Capel, Wallace Jr. (Alabama)

Attorney for Plaintiff

Eber, Gabriel B. (District of Columbia)

Goad, Amanda C. (New York)

Attorney for Defendant

Block, David B. (Alabama)

Greggs, Mitchell D. (Alabama)

show all people

Documents in the Clearinghouse

Document

2:11-cv-00224

Docket [PACER]

April 8, 2016

April 8, 2016

Docket
1

2:11-cv-00224

Class Action Complaint for Declaratory and Injunctive Relief

March 28, 2011

March 28, 2011

Complaint
31

2:11-cv-00224

First Amended Class Action Complaint for Declaratory and Injunctive Relief

May 11, 2011

May 11, 2011

Complaint
61

2:11-cv-00224

Second Amended Class Action Complaint for Declaratory and Injunctive Relief

Sept. 29, 2011

Sept. 29, 2011

Complaint
188

2:11-cv-00224

Opinion and Order

Aug. 30, 2012

Aug. 30, 2012

Order/Opinion

289 F.R.D. 289

199

2:11-cv-00224

Opinion and Order

Sept. 5, 2012

Sept. 5, 2012

Order/Opinion

891 F.Supp.2d 891

201

2:11-cv-00224

Motion to Appeal Magistrate Judge's Order

Sept. 5, 2012

Sept. 5, 2012

Pleading / Motion / Brief
205

2:11-cv-00224

Urgent Motion for Ruling from District Judge Myron H. Thompson on Plaintiffs’ Appeal of Magistrate Judge’s Order (DOC. NO. 201)

Sept. 6, 2012

Sept. 6, 2012

Pleading / Motion / Brief
221

2:11-cv-00224

Plaintiffs’ Objections to Defendants’ Witness and Exhibit List

Sept. 11, 2012

Sept. 11, 2012

Pleading / Motion / Brief
223

2:11-cv-00224

Order

Sept. 14, 2012

Sept. 14, 2012

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5513894/henderson-v-dunn/

Last updated Feb. 10, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas (Filing fee $ 350.00 receipt number 4602017920.), filed by John Hicks, Dana Harley, Louis Henderson, Roosevelt James, Darrell Robinson, Ashley Dotson, April Stagner, Dwight Smith, Melinda Washington, Albert Knox. (Attachments: # 1 Receipt) (wcl, ) (Entered: 03/30/2011)

March 28, 2011

March 28, 2011

2

MOTION for Class Certification by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Proposed Order)(wcl, ) (Entered: 03/30/2011)

March 28, 2011

March 28, 2011

3

MEMORANDUM of Law in Support of 2 MOTION for Class Certification filed by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (wcl, ) (Entered: 03/30/2011)

March 28, 2011

March 28, 2011

4

Motion for Admission of Margaret Winter as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602017924.) by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Receipt) (wcl, ) (Entered: 03/30/2011)

March 28, 2011

March 28, 2011

5

Motion for Admission of Carl Takei as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602017924.) by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Receipt) (wcl, ) (Entered: 03/30/2011)

March 28, 2011

March 28, 2011

6

Summons Issued as to Robert Bentley, Kim Thomas, Billy Mitchem, Frank Albright, Bettina Carter, Edward Ellington and mailed CMRRR with copy of Complaint, Motions 2 , 4 , & 5 , and 3 Memorandum. (wcl, ) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

7

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Louis Henderson, Dana Harley, Darrell Robinson, Dwight Smith, Albert Knox, Roosevelt James, John Hicks, April Stagner, Ashley Dotson, Melinda Washington; Corporate Disclosures due by 4/11/2011. (Attachments: # 1 Corporate/Conflict Attachment)(wcl, ) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

8

ORDER granting 4 and 5 Motions for Admission Pro Hac Vice. Signed by Honorable Myron H. Thompson on 3/31/2011. (wcl, ) (Entered: 03/31/2011)

March 31, 2011

March 31, 2011

9

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by C. Thornton for Edward Ellington served on 3/31/2011, answer due 4/21/2011. (wcl, ) (Entered: 04/04/2011)

April 4, 2011

April 4, 2011

10

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by illegible for Robert Bentley served on 3/29/2011, answer due 4/19/2011. (wcl, ) (Entered: 04/04/2011)

April 4, 2011

April 4, 2011

11

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by Susie Mims for Frank Albright served on 4/1/2011, answer due 4/22/2011. (wcl, ) (Entered: 04/04/2011)

April 4, 2011

April 4, 2011

12

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by B.S. Artis for Kim Thomas served on 4/1/2011, answer due 4/22/2011. (wcl, ) (Entered: 04/05/2011)

April 5, 2011

April 5, 2011

13

Corporate/Conflict Disclosure Statement by Ashley Dotson re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

14

Corporate/Conflict Disclosure Statement by Dana Harley re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered:

April 6, 2011

April 6, 2011

16

Corporate/Conflict Disclosure Statement by John Hicks re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

17

Corporate/Conflict Disclosure Statement by Albert Knox re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

18

Corporate/Conflict Disclosure Statement by Darrell Robinson re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

19

Corporate/Conflict Disclosure Statement by Dwight Smith re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

20

Corporate/Conflict Disclosure Statement by Melinda Washington re 7 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement,. (Neal, Allison) (Entered: 04/06/2011)

April 6, 2011

April 6, 2011

21

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by F. Roper for Bettina Carter served on 4/4/2011, answer due 4/25/2011. (wcl, ) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

22

Return Receipt Card showing service of Summons, Complaint, 2 , 4 & 5 Motions, and 3 Memorandum signed by H. Whitacre for Billy Mitchem served on 4/4/2011, answer due 4/25/2011. (wcl, ) (Entered: 04/07/2011)

April 7, 2011

April 7, 2011

23

NOTICE by Roosevelt James voluntary dismissal (Neal, Allison) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

24

NOTICE by April Stagner voluntary dismissal (Neal, Allison) (Entered: 04/11/2011)

April 11, 2011

April 11, 2011

25

Motion for Admission of Rose A. Saxe as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602018134.) by Ashley Dotson, Dana Harley, Louis Henderson, John Hicks, Roosevelt James, Albert Knox, Darrell Robinson, Dwight Smith, April Stagner, Melinda Washington. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Certificate of Good Standing, # 4 Receipt) (wcl, ) (Entered: 04/12/2011)

April 11, 2011

April 11, 2011

26

ORDER: pursuant to the 23 & 24 Notices of Voluntary Dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that plfs Roosevelt James and April Stagner are dismissed and terminated as parties. Signed by Honorable Myron H. Thompson on 4/12/2011. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 04/12/2011)

April 12, 2011

April 12, 2011

27

ORDER granting 25 Motion for Admission Pro Hac Vice. Signed by Honorable Myron H. Thompson on 4/12/2011. (wcl, ) (Entered: 04/12/2011)

April 12, 2011

April 12, 2011

28

MOTION for Extension of Time to File Special Report & Answer by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas. (Rouse, Scott) (Entered: 04/18/2011)

April 18, 2011

April 18, 2011

29

Corporate/Conflict Disclosure Statement by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas. (Rouse, Scott) (Entered: 04/18/2011)

April 18, 2011

April 18, 2011

30

ORDER granting 28 Motion for Extension of Time to Respond. Signed by Honorable Myron H. Thompson on 4/19/2011. (wcl, ) (Entered: 04/19/2011)

April 19, 2011

April 19, 2011

31

FIRST AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas, filed by John Hicks, Dana Harley, Louis Henderson, Darrell Robinson, James Douglas, David Smith, Dwight Smith, Melinda Washington, Albert Knox.(Neal, Allison) Modified on 5/12/2011 to remove the erroneous filer Ashley Dotson and to add as also filed on behalf of James Douglas and David Smith (wcl, ). (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

32

NOTICE by Ashley Dotson of Voluntary Dismissal (Neal, Allison) Modified on 5/11/2011 to reflect as filed only on behalf of Ashley Dotson (wcl, ). (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

33

ORDER, pursuant to the 32 Notice of voluntary dismissal, it is the ORDER, JUDGMENT and DECREE of the court that plaintiff Ashley Dotson is dismissed and terminated as a party. Signed by Honorable Myron H. Thompson on 5/13/11. (Attachments: # 1 civil appeals checklist)(djy, ) Modified on 5/16/2011 to correct the docket text to reflect the correct name as Dotson and not Dotxon (wcl, ). (Entered: 05/13/2011)

May 13, 2011

May 13, 2011

34

MOTION to Dismiss by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Thomas. (Lunsford, William) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

35

BRIEF/MEMORANDUM in Support re 34 MOTION to Dismiss filed by Frank Albright, Robert Bentley, Bettina Carter, Billy Mitchem, Kim Thomas. (Attachments: # 1 Exhibit 1 − Affidavit of Tonitta Reese, # 2 Exhibit 2 − Affidavit of Debbie Hunt, # 3 Exhibit 3 − Leatherwood − Second Amended Complaint)(Lunsford, William) Modified on 5/26/2011 to add as also filed on behalf of Frank Albright, Robert Bentley, and Bettina Carter (wcl, ). (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

***Attorney Anne Adams Hill, David Berman Block, Mitesh Shah, Janine Alicia McKinnon for Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, and Kim Thomas added pursuant to 34 Motion. (No PDF Attached) (wcl, ) (Entered: 05/26/2011)

May 25, 2011

May 25, 2011

36

ORDER re 34 MOTION to Dismiss. Motion Submission Deadline set for 7/8/2011 without oral argument, with any opposition brief due by 6/24/2011, and any reply to the opposition due by 7/8/2011. Signed by Honorable Judge Myron H. Thompson on 5/27/2011. (dmn) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

37

BRIEF/MEMORANDUM in Opposition re 35 BRIEF/MEMORANDUM in Support, 34 MOTION to Dismiss filed by James Douglas, Dana Harley, Louis Henderson, John Hicks, Albert Knox, Darrell Robinson, David Smith, Dwight Smith, Melinda Washington. (Attachments: # 1 Table of Exhibits, # 2 Exhibit 1: DHHS website, # 3 Exhibit 2: Correspondence, # 4 Exhibit 3: Neal Declaration, # 5 Exhibit 4: Hatcher Declaration, # 6 Exhibit 5: Harley Declaration, # 7 Exhibit 6: Hunt Affidavit, # 8 Exhibit 7: Reese Affidavit, # 9 Exhibit 8: Limestone Instr., # 10 Exhibit 9: Tutwiler Instr., # 11 Exhibit 10: Limestone grievances, # 12 Exhibit 11: Tutwiler grievances)(Takei, Carl) (Main Document 37 replaced on 6/27/2011 to attach a corrected PDF document to include an e−signature and a certificate of service page) (wcl, ). Modified on 6/27/2011 to remove the previously terminated plfs Ashley Dotson, Roosevelt James, and April Stagner as filers (wcl, ). (Entered: 06/24/2011)

June 24, 2011

June 24, 2011

38

NOTICE of Correction re 37 BRIEF/MEMORANDUM in Opposition, to attach a corrected PDF document to include an e−signature and a certificate of service page. Previously terminated plfs Ashley Dotson, Roosevelt James, and April Stagner have been removed as filers. (Attachments: # 1 Corrected Main PDF Document to Docket Entry 37 )(wcl, ) (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

39

REPLY BRIEF re 37 BRIEF/MEMORANDUM in Opposition,,, filed by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

40

MOTION to Strike re 37 BRIEF/MEMORANDUM in Opposition, by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) Modified on 7/11/2011 to add link to 37 Memorandum of Law (wcl, ). (Entered: 07/08/2011)

July 8, 2011

July 8, 2011

41

ORDERED that all pending motions are set for oral argument on 8/30/2011, at 10:00 AM, in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/11/2011. (furn: Calendar, ag) (wcl, ) (Entered: 07/11/2011)

July 11, 2011

July 11, 2011

43

MOTION to Clarify re 41 Order Setting Hearing on Motion, MOTION to Continue date for oral argument to September 12, 2011 by Louis Henderson. (Winter, Margaret) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

44

ORDERED that, on or before 8/1/2011, dfts are to show cause, if any there be, in writing, as to why plfs' 2 Motion for Class Certification should not be granted. Signed by Honorable Judge Myron H. Thompson on 7/15/2011. (wcl, ) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

45

ORDERED as follows: (1) Plfs' 43 Motion for Clarification is granted; (2) Plfs' 2 Motion for Class Certification is included in the oral argument on "all" pending motions; (3) Plfs' 43 Motion for Postponement is granted; (4) Oral argument on all pending motions is reset for 9/16/2011, at 11:00 AM in Courtroom 2FMJ before Honorable Judge Myron H. Thompson. Signed by Honorable Judge Myron H. Thompson on 7/15/2011. (furn: Calendar, ag) (wcl, ) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

46

MEMORANDUM OF LAW in Opposition re 40 MOTION to Strike filed by James Douglas, Dana Harley, Louis Henderson, John Hicks, Albert Knox, Darrell Robinson, David Smith, Dwight Smith, Melinda Washington. (Takei, Carl) Modified on 7/26/2011 to remove the previously terminated plfs Ashley Dotson, Roosevelt James, and April Stagner as filers (wcl, ). (Entered: 07/25/2011)

July 25, 2011

July 25, 2011

47

MOTION to Stay Or, In the Alternative, Opposition to Plaintiffs' Motion for Class Certification by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Attachments: # 1 Exhibit 1 − Atchison Affidavit, # 2 Exhibit 2 − Mitchem Affidavit, # 3 Exhibit 3 − Naglich Affidavit)(Lunsford, William) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

RESPONSE in Opposition re 2 MOTION to Certify Class filed by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (No PDF Attached−See Docket Entry 47 ) (wcl, ) (Entered: 08/02/2011)

Aug. 1, 2011

Aug. 1, 2011

48

ORDER TO SHOW CAUSE by the plfs, if any there be, in writing, as to why the 47 Motion to Stay should not be granted; Show Cause Response due by 8/15/2011. Signed by Honorable Judge Myron H. Thompson on 8/3/2011. (wcl, ) (Entered: 08/03/2011)

Aug. 3, 2011

Aug. 3, 2011

49

RESPONSE to Motion re 47 MOTION to Stay Or, In the Alternative, Opposition to Plaintiffs' Motion for Class Certification Plaintiffs' Response to Defendants' Motion to Stay or, In the Alternative, Opposition to Plaintiffs' Motion for Class Certification filed by Louis Henderson. (Winter, Margaret) (Entered: 08/15/2011)

Aug. 15, 2011

Aug. 15, 2011

50

NOTICE by James Douglas, Dana Harley, Louis Henderson, John Hicks, Albert Knox, Darrell Robinson, David Smith, Dwight Smith, Melinda Washington re 37 BRIEF/MEMORANDUM in Opposition,,, (Attachments: # 1 Exhibit)(Neal, Allison) (Entered: 09/15/2011)

Sept. 15, 2011

Sept. 15, 2011

51

MOTION to Strike Plaintiffs' Declaration for Failure to Comply with Court's Order by Frank Albright, Robert Bentley, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Shah, Mitesh) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

52

Minute Entry for proceedings held before Honorable Judge Myron H. Thompson: Motion Hearing held on 9/16/2011 re 40 MOTION to Strike filed by Edward Ellington, Billy Mitchem, Kim Tobias Thomas, Frank Albright, Bettina Carter, Robert Bentley, 34 MOTION to Dismiss filed by Edward Ellington, Billy Mitchem, Kim Tobias Thomas, Frank Albright, Bettina Carter, Robert Bentley, 2 MOTION to Certify Class filed by April Stagner, Roosevelt James, Louis Henderson, Darrell Robinson, Dwight Smith, Albert Knox, John Hicks, Ashley Dotson, Melinda Washington, Dana Harley (PDF available for court use only). (Court Reporter Patricia Starkie.) (ag, ) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

53

ORDERED that defendant Robert Bentley is dismissed as a party without prejudice. Signed by Honorable Judge Myron H. Thompson on 9/19/2011. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

1 Civil Appeals Checklist

View on PACER

Sept. 19, 2011

Sept. 19, 2011

RECAP
55

MOTION for Extension of Deadline re 54 Order, Set Deadlines,, by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

56

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on September 16, 2011, before Judge Myron H. Thompson. Court Reporter/Transcriber Patricia G. Starkie, Telephone number 334−262−1221. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 10/20/2011. Redacted Transcript Deadline set for 10/31/2011. Release of Transcript Restriction set for 12/28/2011. (dmn, ) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

57

NOTICE by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith Notice of Voluntary Dismissal (Neal, Allison) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

58

NOTICE by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith Notice of Voluntary Dismissal of Hicks (Neal, Allison) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

59

NOTICE by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith Notice of Voluntary Dismissal of Washington (Neal, Allison) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

60

Second MOTION to Amend/Correct Complaint by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Neal, Allison) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

61

SECOND AMENDED COMPLAINT against All Defendants, filed by Dana Harley, Louis Henderson, Darrell Robinson, James Douglas, Dwight Smith, Albert Knox, Alqadeer Hamlet, Jeffery Beyer, Bonita Graham.(Neal, Allison) Modified on 9/30/2011 (qc/djy, ). Modified on 10/3/2011 to add as also filed on behalf of Alqadeer Hamlet, Jeffery Beyer, Bonita Graham (wcl, ). (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

62

BRIEF/MEMORANDUM in Opposition re 55 MOTION for Extension of Deadline re 54 Order, Set Deadlines, filed by James Douglas, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Takei, Carl) Modified on 10/3/2011 to remove the previously terminated plfs Ashley Dotson, John Hicks, Roosevelt James, David Smith, April Stagner, and Melinda Washington as filers (wcl, ). (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

63

CLERK'S NOTICE of Voluntary Dismissal of Plaintiff John Hicks from this case. (djy, ) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

64

CLERK'S NOTICE of Voluntary Dismissal of Plaintiff David Smith from this case. (djy, ) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

65

CLERK'S NOTICE of Voluntary Dismissal of Plaintiff Melinda Washington from this case. (djy, ) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

NOTICE of Docket Correction re 61 Amended Complaint to indicate that leave of court has not yet been granted for filing this document (NO PDF document attached to this notice). (djy, ) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

66

ORDERED that: (1) The dfts' 55 Motion for Extension of Deadline for the Rule 26(f) Report is granted; (2) The Rule 26(f) discovery plan shall be filed as soon as practicable but not later than 10/17/2011; (3) The plfs' 60 Motion for Lea ve to File Second Amended Complaint is granted, as further set out in order; (4) Any response to the 61 Second Amended Complaint is due on 10/17/2011, as further set out in order; (5) Finally, the dfts are allowed until 10/17/2011, to file any stat ement as to how the addition of the three plfs will affect, if at all, class certification. Signed by Honorable Judge Myron H. Thompson on 10/3/2011. (wcl, ) (Main Document 66 replaced on 10/3/2011 to attach the correct PDF document due to a clerical error) (wcl, ). Modified on 10/3/2011 (wcl, ).

Oct. 3, 2011

Oct. 3, 2011

RECAP
67

NOTICE of Correction re 66 Order, to attach the correct PDF document due to a clerical error. (Attachments: # 1 Correct Main PDF Document to Docket Entry 66 )(wcl, ) (Main Document 67 replaced on 10/4/2011 to attach a corrected PDF document to include the correct case number) (wcl, ). Modified on 10/4/2011 (wcl, ). (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

68

NOTICE of Correction re 67 Notice of Correction, to attach a corrected PDF document to include the correct case number. (Attachments: # 1 Corrected Main PDF Document to Docket Entry 67 )(wcl, ) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

69

RESPONSE to Motion re 60 Second MOTION to Amend/Correct Complaint pursuant to the Court's October 3, 2011 Order filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (McKinnon, Janine) (Entered: 10/10/2011)

Oct. 10, 2011

Oct. 10, 2011

70

REPORT of Rule 26(f) Planning Meeting. (Lunsford, William) (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

71

Supplemental RESPONSE in Opposition re 2 MOTION to Certify Class based on the Second Amended Complaint filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Attachments: # 1 Affidavit Supplemental Affidavit of Stephanie Atchison, # 2 Exhibit ADOC File for Jeffery Beyer, # 3 Exhibit ADOC File for Bonita Graham)(McKinnon, Janine) Modified on 10/18/2011 to clarify the docket text to reflect as a supplemental opposition (wcl, ). (Entered: 10/17/2011)

Oct. 17, 2011

Oct. 17, 2011

72

Joint MOTION for Protective Order by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Text of Proposed Order On Consent of the Parties Regarding HIV Disclosure, # 2 Text of Proposed Order On Consent of the Parties Regarding Confidential Discovery Materials)(Takei, Carl) Modified on 11/28/2011 to reflect as also filed on behalf of defendants (qc/djy, ). (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

NOTICE of Docket Text Correction re 72 Joint MOTION for Protective Order to clarify text to indicate the motion was also filed on behalf of defendants (NO PDF Document attached to this notice). (djy, ) (Entered: 11/28/2011)

Nov. 28, 2011

Nov. 28, 2011

73

PROTECTIVE ORDER ON CONSENT OF THE PARTIES REGARDING CONFIDENTIAL DISCOVERY MATERIALS granting 72 Joint MOTION for Protective Order, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 12/2/2011. (wcl, ) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

74

PROTECTIVE ORDER ON CONSENT OF THE PARTIES REGARDING HIV DISCLOSURE granting 72 Joint MOTION for Protective Order, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 12/2/2011. (wcl, ) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

75

First MOTION to Compel Production by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Text of Proposed Order, # 2 List of Exhibits, # 3 Exhibit 1: Plaintiffs' Request for Production, Sept. 20, 2011, # 4 Exhibit 2: Defendants' Responses and Objections, Nov. 29, 2011)(Takei, Carl) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

76

ORDERED that the disputes in the 70 Rule 26(f) Report are referred to Magistrate Judge Wallace Capel for consideration and recommendation, with the understanding that the pretrial is set for 8/16/2012, and the trial is set for the term of court beginning on 9/17/2012, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 12/7/2011. (furn: Calendar, ag)(wcl, ) (Entered: 12/07/2011)

Dec. 7, 2011

Dec. 7, 2011

77

ORDER directing that a hearing on Plaintiff's 75 Motion to Compel and any disputed issue in the 70 Rule 26(f) Report is set for December 15, 2011 at 10:00 a.m., in Courtroom 5A, Frank M. Johnson, Jr. United States Courthouse Complex, One Church Street, Montgomery, Alabama, before the undersigned Magistrate Judge; further ORDERED that the parties shall meet and confer prior to the hearing in a good faith effort to resolve the disputed issues, as further set out. Signed by Honorable Judge Wallace Capel, Jr on 12/8/11. (Furnished to Calendar and KG.)(scn, ) (Entered: 12/08/2011)

Dec. 8, 2011

Dec. 8, 2011

78

MOTION for Protective Order and Response to Plaintiffs' Motion to Compel Production by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J)(McKinnon, Janine) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

RESPONSE to Motion re 75 First MOTION to Compel Production filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (No pdf attached−See docket entry 78 ) (wcl, ) (Entered: 12/14/2011)

Dec. 13, 2011

Dec. 13, 2011

ORAL MOTION to Withdraw 75 First MOTION to Compel Production by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (cb, ) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

ORAL ORDER granting ORAL Motion to Withdraw 75 First MOTION to Compel Production. ( 75 Motion to Compel terminated per this Order). Signed by Honorable Judge Wallace Capel, Jr on 12/15/2011. (cb, ) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

79

Minute Entry for Motion Hearing re 75 First Motion to Compel Production held before Honorable Judge Wallace Capel, on 12/15/2011 (PDF available for court use only). (Recording Time 10:07−12:09.) (cb, ) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

80

ORDER denying 78 Motion for Protective Order. Signed by Honorable Judge Wallace Capel, Jr on 12/20/2011. (wcl, ) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

81

MOTION for Leave to File STIPULATED ORDER REGARDING IMMEDIATE DISCOVERY AND AMENDED RULE 26(f) REPORT by Frank Albright, Jeffery Beyer, Bettina Carter, James Douglas, Edward Ellington, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Billy Mitchem, Darrell Robinson, Dwight Smith, Kim Tobias Thomas. (Lunsford, William) (Entered: 12/20/2011)

Dec. 20, 2011

Dec. 20, 2011

82

RESPONSE in Opposition re 2 MOTION to Certify Class (The State's Second Supplemental Opposition to Plaintiffs' Motion for Class Certification) filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

83

BRIEF/MEMORANDUM in Support re 35 BRIEF/MEMORANDUM in Support, 34 MOTION to Dismiss (Supplemental Memorandum in Support of the State's Motion to Dismiss) filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

84

Joint MOTION to Continue by Frank Albright, Jeffery Beyer, Bettina Carter, James Douglas, Edward Ellington, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Billy Mitchem, Darrell Robinson, Dwight Smith, Kim Tobias Thomas. (Lunsford, William) (Entered: 01/27/2012)

Jan. 27, 2012

Jan. 27, 2012

85

RESPONSE to Motion re 34 MOTION to Dismiss, 2 MOTION to Certify Class in Response to 82 State's Second Supplemental Opposition to the Plaintiffs' Motion for Class Certification and to 83 State's Supplemental Memorandum in Support of the State's Motion to Dismiss filed by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Takei, Carl) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

86

Second MOTION to Compel Production by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Exhibit 1: Plaintiffs' First Request for Production of Documents, # 2 Exhibit 2: Defendants' Objections and Responses, # 3 Exhibit 3: Letter from Carl Takei to William Lunsford, January 27, 2012, # 4 Exhibit 4: Email from William Lunsford to Carl Takei, February 8, 2012, # 5 Exhibit 5: ADOC Classification Manual, # 6 Exhibit 6: Declaration of James Austin, # 7 Exhibit 7: Louis Henderson Classification Summary, # 8 Text of Proposed Order)(Takei, Carl) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

88

ORDERED that Dft shall, on or before 3/1/2012, show cause as to why the 86 Motion to Compel should not be granted; and Plf shall, on or before 3/1/2012, show cause as to why the Qualified HIPAA Protective Order as proposed by Dft should not be entered. Signed by Honorable Judge Wallace Capel, Jr on 2/23/2012. (wcl, ) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

89

RESPONSE in Opposition re 87 MOTION for Entry of Qualified HIPAA Protective Order, Plaintiffs' Opposition to Defendants' Motion for Entry of Qualified HIPAA Protective Order , filed by Louis Henderson, Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Exhibit QUALIFIED HIPAA PROTECTIVE ORDER)(Takei, Carl) (Additional attachment(s) added on 2/29/2012: # 2 Corrected Certificate of Service) (wcl, ). Modified on 2/29/2012 to add as also filed on behalf of Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Albert Knox, Darrell Robinson, Dwight Smith (wcl, ). (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

90

RESPONSE in Opposition re 86 Second MOTION to Compel Production filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 03/01/2012)

March 1, 2012

March 1, 2012

91

REPLY BRIEF re 85 Response to Motion, The State's Reply to Plaintiffs' Response to the State's Second Supplemental Opposition to Plaintiffs' Motion for Class Certification and to the State's Supplemental Memorandum in Support of the State's Motion to Dismiss filed by Frank Albright, Bettina Carter, Edward Ellington, Billy Mitchem, Kim Tobias Thomas. (Lunsford, William) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

92

ORDER denying as moot 86 Motion to Compel; ORDER granting in part and denying in part 87 Motion for Protective Order, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 3/5/2012. (wcl, ) (Entered: 03/05/2012)

March 5, 2012

March 5, 2012

93

QUALIFIED HIPAA PROTECTIVE ORDER, as further set out in order. Signed by Honorable Judge Wallace Capel, Jr on 3/12/12. (djy, ) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

94

(WITHDRAWN PURSUANT TO 97 ORDER) Motion for Admission of Jennifer Wedekind as Visiting Attorney, Pro Hac Vice (Filing fee $ 50.00 receipt number 4602022050.) by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 NY State Supreme Court Certificate of Good Standing, # 4 Receipt)(wcl, ) Modified on 3/19/2012 (wcl, ). (Entered: 03/14/2012)

March 13, 2012

March 13, 2012

95

NOTICE of Deficiency re 94 Motion for Admission of Jennifer Wedekind as Visiting Attorney, Pro Hac Vice.(wcl, ) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

96

NOTICE of Withdrawal by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith re 94 Motion for Admission of Jennifer Wedekind as Visiting Attorney, Pro Hac Vice. (Takei, Carl) Modified on 3/19/2012 to clarify the docket text (wcl, ). (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

MOTION to Withdraw 94 Motion for Jennifer Wedekind to Appear Pro Hac Vice by Jeffery Beyer, James Douglas, Bonita Graham, Alqadeer Hamlet, Dana Harley, Louis Henderson, Albert Knox, Darrell Robinson, Dwight Smith. (NO PDF Document attached−See Docket Entry 96 ). (djy, ) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

Case Details

State / Territory: Alabama

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Post-PLRA Jail and Prison Private Settlement Agreements

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: March 28, 2011

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of all current and future prisoners under supervision of the Alabama Department of Corrections who have tested positive for HIV.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

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:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

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

Private Settlement Agreement

Amount Defendant Pays: 1,399,000

Order Duration: 2013 - 2016

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Follow recruitment, hiring, or promotion protocols

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Reporting

Issues

General:

Classification / placement

Confidentiality

Housing

Pattern or Practice

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Work release or work assignments

Discrimination-area:

Disparate Treatment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Sex or Gender:

Female

Male

Medical/Mental Health:

HIV/AIDS

Type of Facility:

Government-run