Allen v. Reese, 2:16cv720-MHT. (2019)
Court: District Court, M.D. Alabama
Number: infdco20190517897
Visitors: 6
Filed: May 16, 2019
Latest Update: May 16, 2019
Summary: ORDER MYRON H. THOMPSON , District Judge . In the defendants' special report, the defendants argue that the plaintiff's case should "be stricken" and that he "should not be able to bring a separate independent action" because he is a member of the class in 14cv601-MHT Dunn v. Dunn (now called Braggs v. Dunn ) and, as a class member has "the right to grieve concerning any ADA-related complaints, as well as a mechanism for response and remedy." Special Report (doc. no. 14) at 5-6. *** It
Summary: ORDER MYRON H. THOMPSON , District Judge . In the defendants' special report, the defendants argue that the plaintiff's case should "be stricken" and that he "should not be able to bring a separate independent action" because he is a member of the class in 14cv601-MHT Dunn v. Dunn (now called Braggs v. Dunn ) and, as a class member has "the right to grieve concerning any ADA-related complaints, as well as a mechanism for response and remedy." Special Report (doc. no. 14) at 5-6. *** It ..
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ORDER
MYRON H. THOMPSON, District Judge.
In the defendants' special report, the defendants argue that the plaintiff's case should "be stricken" and that he "should not be able to bring a separate independent action" because he is a member of the class in 14cv601-MHT Dunn v. Dunn (now called Braggs v. Dunn) and, as a class member has "the right to grieve concerning any ADA-related complaints, as well as a mechanism for response and remedy." Special Report (doc. no. 14) at 5-6.
***
It is ORDERED that, by May 23, 2019, the defendants shall respond to the fact that the consent decree entered in Dunn v. Dunn concerning claims arising under the Americans with Disabilities Act and § 504 of the Rehabilitation Act of 1973, states as follows with regard to the dispute resolution process provided for in the decree: "Nothing in this Amended Agreement establishes a compulsory administrative prerequisite with which an Inmate must comply prior to the initiation of a lawsuit alleging violations of the Acts suffered during the Inmate's term of incarceration." Consent Decree (14cv601-MHT doc. no. 728) at 71; Dunn v. Dunn, 318 F.R.D. 652, 676 (M.D. Ala. Sept. 9, 2016) (Thompson, J.) (quoting relevant part of settlement agreement); see also id. at 678 ("A prisoner who seeks to assert a new and independent claim alleging a violation of the ADA or the Rehabilitation Act is free to file such a lawsuit in federal court.").
Source: Leagle
