PHASE 1 ORDER FOR NOTICE, COMMENT, AND HEARING REGARDING PROPOSED MODIFICATIONS TO ADA SETTLEMENT
MYRON H. THOMPSON, District Judge.
When this court preliminarily approved modifications to the Phase 1 consent decree, it disagreed that the proposed notice submitted to the court was sufficient and disagreed that a fairness hearing was not required. See Order (doc. no. 2671) at 3. Following an on-the-record hearing on December 6, 2019, the court ordered the parties to provide an updated proposal for both a notice and comment form as well as the method of notice and the period of comment. See Order (doc. no. 2685) at 1. After informally reviewing the parties' proposal, the court now finds that the notice and comment forms as attached to this order, the process for distributing and collecting these forms as outlined below, and the fairness hearing also as described below together constitute sufficient notice of and opportunity to be heard on the proposed modifications to the settlement agreement, as is required by due process.
It is therefore ORDERED that The Alabama Department of Corrections (ADOC) is to provide notice of the proposed modifications to the settlement agreement as further outlined below by February 10, 2020, and to collect comments from class members as further outlined below by the submission deadline of March 9, 2020.
It is further ORDERED as follows:
(1) A fairness hearing is set for 9:00 a.m. on April 13, 2020, in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. At this hearing, counsel for both parties must be prepared to respond to the objections raised and comments made by class members.
(2) The proposed modifications to the Phase 1 settlement (doc. no. 2678) and the attached notice and comment forms are to be translated into Spanish, and printed in both Braille and large print, and these alternative format documents are to be distributed to each ADOC facility prior to February 10, 2020. Although posted documents need not be provided in any alternative format, any individual inmate known to or believed by correctional officers to read only Spanish or to be vision-impaired must be provided individual copies of both the notice and comment forms in an alternative format, and must be provided both the proposed modifications to the settlement agreement as well as the original settlement agreement itself in an appropriate alternative format upon request. If an inmate who has difficulty reading any of the alternative format documents or who has difficulty writing requests that the notice form or the proposed modifications to the settlement agreement be read to him or her or requests assistance in completing a comment form, this request must be accommodated by ADOC.
(3) Copies of the proposed modifications to the settlement agreement as well as the original settlement agreement itself are to be made available for inmates to review in the law library of each ADOC prison or work-release facility or, for facilities that have no law library, in the area where information for inmates is made available. At least one copy is to be made available per 100 inmates housed in any particular facility.
(4) A copy (including an alternative format copy, as appropriate) of the proposed modifications of the settlement agreement or the original settlement agreement is to be provided promptly upon request to any inmate who is not authorized or able to access the law library or other area where copies of the proposed modifications of the settlement agreement and the original settlement agreement are being made available.
(5) For inmates housed in dorms at ADOC's prisons or work-release facilities, the notice form is to be posted in each of the libraries and dorms of these facilities, wherever information for inmates is ordinarily posted. Sufficient copies of the comment form are to be made available to inmates housed in dorms in their facilities' libraries and in their shift commanders' offices.
(6) For inmates housed in Restrictive Housing Units, infirmaries, Mental Health Units, Crisis Cells, and Death Row, the notice form is to be posted next to the shower area, and shall be delivered by hand to every inmate listed as having a mobility or vision impairment on the Office of Health Services's Special Needs Report by February 10, 2020. ADOC is to maintain a roster that indicates, by name and AIS number, each inmate to whom these forms have been distributed. Inmates are to sign this roster upon receipt of the forms; in the event that an inmate refuses to sign or rejects the forms, the distributing officer is to note this on the roster.
(7) ADOC is to inform all inmates of the notice and opportunity to object or comment by means of a statement placed within the newsletter at each facility that produces a newsletter for the duration of the comment period. The statement shall read as follows: "There are proposed modifications to the settlement agreement in Braggs v. Dunn regarding the Americans with Disabilities Act. You have until March 9, 2020, to provide written comments. Notices are posted throughout the facility."
(8) At each ADOC prison or work-release facility, a secured box clearly labeled "ADA Settlement Comment Box" is to be placed adjacent to the box where inmate request slips are collected. This box may be a securely taped cardboard box, and must be of sufficient size to accommodate all comment forms that are submitted. This box is to be used exclusively for the collection of comment forms.
(9) Inmates who are allowed freedom of movement within a facility are to be allowed to place their comment forms in the designated comment box. Comment forms are to be collected from those inmates who do not have freedom of movement within a facility as follows, with records of the inmates from whom forms have been collected to be maintained on rosters by those responsible for the collection:
a. In Restrictive Housing Units at correctional facilities, the forms are to be collected by members of the Institutional Segregation Review Board during normal rounds and deposited in the comment box.
b. In Restrictive Housing Units or holding units at work-release facilities, the forms are to be collected by any correctional officer or supervisor and deposited in the comment box.
c. In infirmaries, mental-health units, crisis cells, and on death row, the forms are to be collected by the Captains or other supervisors who are responsible for those units and deposited in the comment box.
(10) At the end of the final day of the comment period, the Warden at each facility is to transmit the comment box(es) to the office of ADOC's general counsel. Further, the Warden at each facility is to certify in writing that the facility has complied with the above requirements regarding the provision of notice and the collection of forms.
(11) After each set of comment boxes is received by ADOC's general counsel, counsel for ADOC will promptly arrange with class counsel and a representative of the clerk of the court for the Middle District of Alabama a time for the parties to meet at the United States Courthouse in Montgomery in order to confirm that comment boxes from all ADOC facilities have been received and to open those boxes.
(12) The comments contained in the comment boxes are to be scanned by the clerk of the court and publicly docketed as a single filing.
(13) The comments received by the clerk of the court by mail are also to publicly docketed.
(14) ADOC will reasonably cooperate in making arrangements to provide class members the opportunity to meet with class counsel in anticipation of the fairness hearing. This includes the possibility of congregate meetings at facilities where multiple class members have interest in meeting with class counsel.
(15) By no later than noon on March 30, 2020, the parties are to file pre-hearing briefs, either jointly or separately, both summarizing by topic and responding to the objections to and comments on the proposed modifications to the settlement agreement that have been submitted by class members. These briefs must include citations to the page numbers on which any referenced objections or comments appear in the docketed compilations of responses.
(16) The court will determine, after receiving objections and comments from class members, from which of them it intends to hear oral testimony. This testimony will be heard by videoconference from various ADOC facilities.
a. By no later than March 30, 2020, the parties are to consult with the clerk of court and file under seal a joint proposal as to arrangements for videoconferencing
b. By no later than April 6, 2020, the court will inform the parties which class members will testify.
c. By no later than April 10, 2020, the parties are to file a list of which class members will testify from which facilities.
IN THE DISTRICT COURT OF THE UNITED STATESS FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EDWARD BRAGGS, et al.,
Plaintiffs,
CIVIL ACTION NO.
v. 2:14cv601-MHT
JEFFERSON S. DUNN, in his
official capacity as
Commissioner of
the Alabama Department of
Corrections, et al.,
Defendants.
ATTACHMENT
The court notes that this page is intentionally left blank and that no page numbers are included. The attachment begins in full on the next page.
If you are a person with a disability, read this notice. Notice of Proposed Modifications to ADA Settlement
In 2014, a lawsuit on behalf of inmates was filed against the Alabama Department of Corrections ("ADOC"). This lawsuit is called Braggs v. Dunn. One claim in this case relates to the Americans with Disabilities Act ("ADA"). The judge approved a settlement of the ADA claims in 2016 ("ADA Settlement"). The judge has now preliminarily approved proposed changes to the ADA Settlement. These changes are referred to as modifications. This notice explains the proposed modifications and your right to comment on or object to them.
1. Why is the ADA Settlement being modified?
In the 2016 ADA Settlement, ADOC agreed to provide accessible housing and facilities for inmates with disabilities and to ensure that inmates with disabilities have equal access to education and rehabilitative programs by 2019. However, because surveying its facilities and programs took longer than expected, ADOC did not begin making any architectural changes or policy changes until October 1, 2019. As a result, these changes have not yet been completed.
2. What are the proposed modifications to the ADA Settlement?
1. One proposed modification is to extend ADOC's deadline for approximately eight years, until November 1, 2027. ADOC will make changes to its facilities in three phases. There are 14 major correctional facilities and 12 work release facilities. Not all facilities are included in the changes.
• Phase 1
▪ ADOC will first make changes to one major correctional facility and two work release facilities. The major correctional facility is Donaldson Correctional Facility and the work release facilities are Birmingham Work Release and Frank Lee Work Release.
▪ ADOC will also make specific changes to the blue building/mental health unit at Bullock Correctional Facility, two death row cells at Donaldson Correctional Facility, the healthcare unit and an initial intake dorm at Kilby Correctional Facility, the healthcare unit and a part of some dormitories at Hamilton Aged & Infirmed, G Dorm at St. Clair Correctional Facility, a part of the restrictive housing unit at Limestone Correctional Facility, and crisis cells at Bullock Correctional Facility, Tutwiler Prison for Women, and Hamilton Aged & Infirmed.
▪ ADOC has already begun this work.
▪ ADOC will complete the changes to Birmingham Work Release and Frank Lee Work Release by January 2023. ADOC will complete the changes to Donaldson Correctional Facility by May 2023. ADOC will complete all other work in Phase 1 by June 1, 2021.
• Phase 2
▪ ADOC will next make changes to three major correctional facilities and up to two work release facilities. ADOC will specify which specific facilities it will make changes to by September 1, 2020.
▪ ADOC will also request Ingram State Technical College ("ISTC") make changes to the large trade school complexes next to Tutwiler Prison for Women and Frank Lee Work Release.
▪ ADOC will complete all changes in Phase 2 by November 1, 2027.
• Phase 3
▪ ADOC will finally make all changes necessary in all remaining facilities to bring ADOC into compliance with the ADA Settlement.
▪ Some existing facilities may be closed if ADOC decides to open a new facility. ADOC will specify which remaining facilities it will make changes to by September 1, 2021.
▪ ADOC will complete all changes in Phase 3 by November 1, 2027.
2. Another proposed modification is extending the monitoring of ADOC by the Alabama Disabilities Advocacy Program ("ADAP") from 2022 until one year after the changes to Phase 3 are completed. ADAP is the organization responsible for protecting the rights of Alabamians with disabilities. ADAP will continue to be paid for monitoring during this extension.
3. Another proposed modification is making the final "Transition Plan" available by October 1, 2021. The "Transition Plan" will list all architectural changes and policy changes which ADOC must accomplish in order to comply with the ADA. A redacted version of the "Transition Plan" will be available in the law library or wherever information is made available for inmates in your facility.
You have the right to learn more about the ADA Settlement and the proposed modifications to it. This is a short summary of the proposed changes. The changes are explained in more detail in Doc. 2678 ("Joint Response to Order to Summarize Modifications"). This document is available in your law library or wherever information is made available for inmates at your facility. Similarly, the ADA Settlement is available in your library or wherever information is made available for inmates at your facility. If you are unable to visit the law library, you may request a copy of the documents from the Facility ADA Coordinator or other ADOC personnel and one will be provided to you.
3. What are your options?
The United States District Court for the Middle District of Alabama has preliminarily approved the proposed modifications to the ADA Settlement but will hold a fairness hearing on April 13, 2020, to determine whether the proposed modifications are fair to inmates with disabilities.
You have the right to make objections, comments, or statements about the proposed modifications through the following methods:
1. You may complete a form called "Response to Proposed Modifications to ADA Settlement." If you have not been provided with a copy of the Response Form, you may get one from the officer supervising your living area or in your facility's law library. You may place your completed Response Form in the box labeled "ADA Settlement Comment Box" located in the area where your facility's inmate request box is located. If you do not have access to the area where the ADA Settlement Comment Box is located, you should provide your completed ADA Response Form to one of the following people, depending on your housing assignment, who will place your comments in the comment box
▪ In Restrictive Housing Units (formerly segregation) at Correctional Facilities, the forms will be collected by members of the Institutional Segregation Review Board during normal rounds.
▪ In Restrictive Housing Units/Holding Units (formerly segregation) at Work Release Facilities, the forms will be collected by any Correctional Officer or Supervisor.
▪ In the Infirmaries, Mental Health Units, Crisis Cells, and Death Row, the forms will be collected by the Captain or other supervisor who is responsible for those units.
2. You may also mail your completed Response Form to the following address: Clerk of Court, U.S. District Court for the Middle District of Alabama, One Church Street, Room B-110, Montgomery, AL 36104.
3. You may use other paper to provide an objection, comment or statement about the proposed modifications. If you do so, that paper MUST include the case name and number (Braggs v. Dunn, Case No. 2:14-cv-00601-MHT) at the top of the page. You MUST also include your full legal name, AIS number, and signature.
ANY OBJECTIONS, COMMENTS, OR STATEMENTS MUST BE PLACED IN THE ADA SETTLEMENT COMMENT BOX, PROVIDED TO THE RESPONSIBLE CORRECTIONAL OFFICER, OR POST MARKED NO LATER THAN MARCH 9, 2020, TO BE CONSIDERED.
4. How can you get more information?
If you have any questions about any information on this notice, or you want a copy of either the proposed modifications or the original ADA settlement agreement, you may write to Ashley Austin, Alabama Disabilities Advocacy Program, Box 870395, Tuscaloosa, AL 35487-039, or call (205) 348-3729.
IN THE DISTRICT COURT OF THE UNITED STATESS FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EDWARD BRAGGS, et al.,
Plaintiffs,
CIVIL ACTION NO.
v. 2:14cv601-MHT
JEFFERSON S. DUNN, in his
official capacity as
Commissioner of
the Alabama Department of
Corrections, et al.,
Defendants.
ATTACHMENT
The court notes that this page is intentionally left blank and that no page numbers are included. The attachment begins in full on the next page.
Response to Proposed Modifications to ADA Settlement
In 2014, a lawsuit on behalf of inmates was filed against the Alabama Department of Corrections ("ADOC"). This lawsuit is called Braggs v. Dunn. One claim in this case relates to the Americans with Disabilities Act ("ADA"). The judge approved a settlement of the ADA claims in 2016 ("ADA Settlement"). The judge has now preliminarily approved proposed modifications to the ADA Settlement. You may be affected by the proposed modifications.
A notice of the proposed modifications to the ADA Settlement has been posted in your facility. You can also review a summary of the proposed modifications in the law library. If there isn't a library, the summary will be in the area where information is made available for inmates in your facility. You can also request a summary of the proposed modifications from ADOC personnel or by writing to: Ashley Austin, Alabama Disabilities Advocacy Program, Box 870935, Tuscaloosa, AL 35487-0395.
If you are a person with a disability, you have a right to comment on or object to the proposed modifications to the ADA Settlement. If you wish to comment or object, please fill out this form and put it in the comment box that has been made available at your facility. This box is located by the box where inmate request forms are placed and is marked "ADA Settlement Comment Box." If, due to your housing assignment, you are not allowed to access the box, you should give the completed form (sealed in an envelope, if you wish) to the following persons who will place the form in the box
— In Restrictive Housing Units (formerly segregation) at Correctional Facilities, the forms will be collected by members of the Institutional Segregation Review Board during normal rounds.
— In Restrictive Housing Units/Holding Units (formerly segregation) at Work Release Facilities, the forms will be collected by any Correctional Officer or Supervisor.
— In the Infirmaries, Mental Health Units, Crisis Cells, and Death Row, the forms will be collected by the Captain or other supervisor who is responsible for those units.
You can also mail the completed form to: Clerk of the Court, United States District Court for the Middle District of Alabama, One Church Street, Room B-110, Montgomery, AL 36104. If you need assistance in completing this form, please notify a Correctional Officer or the ADA Coordinator in your facility.
You must include your name, AIS Number, and signature or it will not be considered.
ALL COMMENTS MUST BE PLACED IN THE ADA SETTLEMENT COMMENT BOX, PROVIDED TO THE APPROPRIATE ADOC OFFICER OR REPRESENTATIVE, OR POST MARKED BY MARCH 9, 2020, TO BE CONSIDERED.
Inmate Name (print) ________________________ AIS Number _______________________
Inmate Signature ____________________________________________ Date _____________
Facility __________________________
Please write out the reasons for your objection or comment below. You may attach additional pages and/or supporting documentation. Documents attached will not be returned.
Do you wish to be considered by the Court to testify under oath (by videoconference from an ADOC facility) about your opinions on the proposed modifications?
[ ] Yes [ ] No
Reasons for objection or comment:
