Filed: Feb. 10, 2020
Latest Update: Feb. 10, 2020
Summary: PHASE 1 ORDER UPDATING NOTICE, COMMENT, AND HEARING PROCESS FOR ADA MODIFICATIONS MYRON H. THOMPSON , District Judge . This court previously found that a particular notice and comment form, process for distributing and collecting these forms, and fairness hearing constituted sufficient notice of and opportunity to be heard on the proposed modifications to the Phase 1 consent decree. See Phase 1 Order for Notice, Comment, and Hearing (doc. no. 2740). The court now has under submission the
Summary: PHASE 1 ORDER UPDATING NOTICE, COMMENT, AND HEARING PROCESS FOR ADA MODIFICATIONS MYRON H. THOMPSON , District Judge . This court previously found that a particular notice and comment form, process for distributing and collecting these forms, and fairness hearing constituted sufficient notice of and opportunity to be heard on the proposed modifications to the Phase 1 consent decree. See Phase 1 Order for Notice, Comment, and Hearing (doc. no. 2740). The court now has under submission the p..
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PHASE 1 ORDER UPDATING NOTICE, COMMENT, AND HEARING PROCESS FOR ADA MODIFICATIONS
MYRON H. THOMPSON, District Judge.
This court previously found that a particular notice and comment form, process for distributing and collecting these forms, and fairness hearing constituted sufficient notice of and opportunity to be heard on the proposed modifications to the Phase 1 consent decree. See Phase 1 Order for Notice, Comment, and Hearing (doc. no. 2740). The court now has under submission the parties' joint request to modify (1) the text of the notice and comment forms and (2) the dates of the comment period in order to account for subsequent modifications to the Phase 1 consent decree (doc. no. 2751). Accordingly, after an on-the-record status conference on February 6, 2020, and an informal review of the parties' proposed notice and comment forms, it is ORDERED as follows:
(1) The comment period will begin on February 19, 2020, rather than on February 10, 2020, as previously set in this court's Phase 1 Order for Notice, Comment, and Hearing (doc. no. 2740).
(2) The comment period will end on March 20, 2020, rather than on March 9, 2020, as previously set in this court's Phase 1 Order for Notice, Comment, and Hearing (doc. no. 2740).
(3) All other dates in this court's Phase 1 Order for Notice, Comment, and Hearing (doc. no. 2740) will remain the same.
(4) The parties are to use the latest summary of proposed modifications (doc. no. 2752) rather than the initial summary of proposed modifications (doc. no. 2678) referenced in this court's Phase 1 Order for Notice, Comment, and Hearing (doc. no. 2740-1)
(5) The parties are to use the attached notice form, which reflects the updated end of the comment period, the additional proposed modifications to the Phase 1 consent decree (doc. no. 2751), and the updated summary of all modifications (doc. no. 2752), rather than the notice form previously approved in this court's Phase 1 Order for Notice, Comment, and Hearing (doc. no. 2740-1).
(6) The parties are to use the attached comment form, which reflects the updated end of the comment period, rather than the comment form previously approved in this court's Phase 1 Order for Notice, Comment, and Hearing (doc. no. 2740-2).
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
EDWARD BRAGGS, et al.,
Plaintiffs,
v. CIVIL ACTION NO.
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, 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, Donaldson 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. 2752 ("Updated Joint Summary of ADA 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 20, 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.
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 20, 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:
