Braggs v. Hamm

1

EDWARD BRAGGS, et al., Plaintiffs, v. JOHN HAMM, in his official capacity as Commissioner of the Alabama Department of Corrections, et al., Defendants.

Civil Action No. 2:14cv601-MHT (WO)

United States District Court, M.D. Alabama, Northern Division

August 23, 2022

ORDER ON FINALIZATION OF EMT

MYRON H. THOMPSON UNITED STATES DISTRICT JUDGE

In September 2020, the court entered its Phase 2A Opinion and Order on Monitoring of Eighth Amendment Remedy (Doc. 2915) adopting the monitoring scheme to be implemented as to the Eighth Amendment remedy in this case. See Braggs v Dunn, 483 F.Supp.3d 1136 (M.D. Ala. 2020) (Thompson J.). In doing so, the court “adopt[ed] in large part the defendants' plan--substantial portions to which the plaintiffs ... agreed--with some alterations.” Id. at 1140. The cornerstone of this monitoring scheme is the external monitoring team (EMT) that will draw on its members' expertise to determine many of the details of monitoring and to assist in developing ADOC's capacity for sustainable internal monitoring and oversight. By November 2020, the court had approved the parties' unanimous selection of the EMT's four members and ordered “that the Alabama Department of Corrections shall begin immediately to work with the members of the EMT to ‘negotiate the fees, expenses, and budgets of the EMT.'” Order (Doc. 3054); see also Order (Doc. 3051) (approving the parties' joint proposal of the four EMT members) Order (Doc. 3066) (approving the parties' joint proposal to replace one member of the EMT).

After the court required ADOC to “begin immediately” its negotiations with the EMT's members in November 2020, the parties submitted numerous proposals to involve the EMT in the 2021 omnibus remedial proceedings. In February 2021, the parties filed a joint report that “ADOC will contract with each EMT member ... not later than March 20, 2021 (assuming the State has all applicable documents and information necessary to complete the contracting process with any EMT member).” Joint Notice and Report to the Court Regarding the Role of the External Monitoring Team (Doc. 3128) at 2; see Order (Doc. 3132) (adopting the joint report). However, notwithstanding the court's November 2020 order and the parties' February 2021 agreement, the defendants represented, following the entry of the Phase 2A Omnibus Remedial Opinions and Order in December 2021, see Braggs v. Dunn, 562 F.Supp.3d 1178 (M.D. Ala. 2021) (Thompson, J.), that they would “obtain budgets from the [EMT] and work to complete the contracting process with the EMT ... by April 15, 2022.” Defs.' Report in Advance of the Jan. 7, 2022, Status Conference (Doc. 3473) at 4-5.

The defendants then filed a motion to stay the Phase 2A Opinion and Order on Monitoring of Eighth Amendment Remedy, among other orders. With respect to monitoring, the court denied this motion, finding that further delay in finalizing the EMT and putting it to work would “dissolve” the parties' earlier progress and be “detrimental” to both sides. Braggs v. Hamm, No. 2:14cv601-MHT, 2022 WL 466998, at *13 (M.D. Ala. Feb. 14, 2022) (Thompson, J.); see also Braggs v. Hamm, No. 2:14cv601-MHT, 2022 WL 264873, at *5 (“Further delays in finalizing the monitoring team increase the very serious risk of losing members and erasing much of the progress that the parties have made in selecting members of the team and bringing them up to speed on this complicated case.”). Subsequently, two members of the EMT resigned. The court replaced one member based on the recommendation of Magistrate Judge John Ott and the responses of the parties. See Order (Doc. 3658). The parties represent that they are working to identify a replacement for the other position. See Joint Report on EMT's Registered Nurse (Doc. 3700); Aug. 15, 2022, R.D. Status Conference Tr. 10.

Nearly two years after the court issued its monitoring opinion and order, and eight months after it issued its Phase 2A Omnibus Remedial Opinions and Order, see Braggs v. Dunn, 562 F.Supp.3d 1178 (M.D. Ala. 2021) (Thompson, J.), the court and the parties remain without an operative EMT. Finalizing the composition of the EMT and contracts with each of its members is an urgent priority, as it has been for months, if not years. At the status conference on August 15, 2022, the defendants repeatedly stressed the importance of...