United States of America v. State of Alabama, et al., No. 2:2015cv00368 - Document 113 (M.D. Ala. 2023)
Court Description: OPINION AND ORDER. Signed by Honorable Judge Myron H. Thompson on 10/27/2023. (bes, )
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United States of America v. State of Alabama, et al. Doc. 113 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. STATE OF ALABAMA and ALABAMA DEPARTMENT OF CORRECTIONS, Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:15cv368-MHT (WO) OPINION AND ORDER Pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et seq., plaintiff United States of defendants America the filed State of this lawsuit Alabama and naming the as Alabama Department of Corrections (hereinafter jointly referred to as “the State”) and claiming that the State has subjected prisoners at the Julia Tutwiler Prison for Women to an ongoing and systemic practice of sexual abuse and sexual harassment in violation of the Eighth Amendment. The court has jurisdiction over this action Dockets.Justia.com under 28 U.S.C. §§ 1331 (federal question) and 1345 (proceeding commenced by United States). On June 18, 2015, the court adopted the terms of the parties’ settlement agreement as a consent decree of this court; conditionally final dismissed and dismissal without the lawsuit, prejudice, dependent on that compliance albeit is, with with the settlement agreement; and retained jurisdiction for the purposes of enforcing the consent decree, resolving any disputes arising out of the agreement, and entering final dismissal of the matter as contemplated by the agreement in accordance with federal law. United States v. Alabama, No. 2:15cv368-MHT, 2015 WL 3796526, at *1 (M.D. Ala. June 18, 2015) (Thompson, J.). consent decree compliance provides reports from that an the court “independent will The receive monitor, a corrections expert who will ensure that the terms of the agreement are met.” Id. at *2. This cause is now before the court on the parties’ proposed transition plan and order, which recommends 2 appointing an resignation of Dennehy. internal the monitor external following monitor, Dr. the Kathleen Having reviewed the parties’ proposal, and based on the representations made on the record at a status conference on October 12, 2023, the court will adopt the transition plan, including its findings. *** Accordingly, it is ORDERED that, based on the parties’ proposed transition plan and order (Doc. 112 and Doc. 112-1): (1) The court finds as follows: (a) The State remains in substantial compliance with 41 of the consent decree’s 44 compliance measures. The State is in partial compliance with the other three requirements. See (Doc. 101-2) at 14. State to achieve requirements. Fifteenth Monitoring Report The consent decree requires the substantial compliance with See Consent Decree (Doc. 11) ¶X.B. 3 all 44 (b) compliance As a with result, the continued consent monitoring decree is of required following Dr. Kathleen Dennehy’s resignation. (c) The court-appointed monitor’s duties should be transitioned to a new internal monitoring system. (2) The consent decree remains in effect. This order does not waive any consent decree requirements, except as expressly indicated. (3) The parties’ joint request to transition to a system of internal monitoring (Doc. 112 and Doc. 112-1) is granted. Therefore, the compliance evaluation function shall transition from external monitoring to a system of internal evaluation with substantial input from the United States. Future site visits and compliance reports shall be completed as required by the consent decree by an internal monitor appointed by the State. (4) Within seven days of this order, the State shall designate Deidra Wright as the internal monitor responsible for overseeing compliance with the consent 4 decree. Within 30 days of this order, the State shall establish a “Compliance Office” to support Compliance Officer Wright. Members of the Compliance Office shall be Alabama Department of Corrections (ADOC) staff with sufficient knowledge and authority to help achieve and maintain substantial compliance with the consent decree. (5) Compliance Officer Wright shall prepare for and attend site visits, participate in all status conferences held by the court, and work with the State and the United States to develop a plan to achieve and maintain substantial decree. She will compliance respond to with the the consent United States’s reasonable requests for documents and information that are not privileged or sealed pursuant to a court order. (6) If the former monitor, Dr. Dennehy, is willing to assist Compliance Officer Wright through the transition from external to internal monitoring, the State will fund Dr. Dennehy to the extent necessary to enable her to do so. 5 (7) report Compliance (the Officer “Sixteenth Wright’s Compliance filed by January 5, 2024. first compliance Report”) will be Future compliance reports shall be due on the second Tuesday of January and July of each year. The draft of each report will be provided to the United States at least 30 days before the due date, and the United States will have 15 days to review and comment on the draft. arise regarding the status of Any conflicts that compliance with a requirement of the consent decree shall be discussed during the commenting period, and if the conflict cannot be resolved, the parties may bring the concern to the court for discussion. The compliance reports will status continue to discuss the of the consent decree provisions and the steps taken by the State to assess the conference status shall of follow each the provision. filing of each A status biannual report. (8) The Sixteenth Compliance Report shall describe for the court, among other things: the formation and 6 functions of the Compliance Office; the compliance status of the consent decree provisions; methods and analysis relied upon for the report; current staffing vacancy rates including Tutwiler any and other updated facility; supporting staffing whether staffing analysis Compliance data, for Officer the Wright has conferred with Dr. Dennehy; and Compliance Officer Wright’s independent views on Dr. Dennehy’s outstanding recommendations, which Compliance Officer Wright should be prepared to discuss status conference. with the court at the next See Monitor’s Requests (Doc. 91-1). (9) The State will immediately notify the court and the United States if Compliance Officer Wright can no longer fulfill her duties. State will promptly has Should a vacancy arise, the fill the sufficient position expertise, with an time, and individual who authority. The compliance report due dates will remain the same unless either party obtains an extension from the court. 7 (10) Monitoring over the 41 requirements of the consent decree with which the State has achieved substantial compliance will continue for at least two more monitoring periods. If the Sixteenth and Seventeenth Compliance Reports determine that the State has remained in requirements, substantial the parties may compliance move with to those dismiss corresponding provisions of the consent decree. the For all other requirements, monitoring shall continue until the State achieves substantial compliance for three consecutive monitoring periods. (11) The United States shall retain all existing rights under the consent decree. participate leadership in and biannual facility The United States may site visits, staff, speak consult ADOC privately with women housed at Tutwiler, and review documents needed to assess State compliance shall produce with the consent reoccurring decree. reports and The other documents it previously provided the external monitor to the United States. 8 (12) The State retains the right to move to terminate the consent decree. (13) Either party may move to reinstate external monitoring over any provision of the consent decree. The court shall grant the motion if it concludes, after an evidentiary hearing, that the system of internal monitoring has failed to fulfill the responsibilities the consent chronic decree assigned delinquencies in to the providing monitor. Any documents and information to the United States as required by the consent decree or this order shall constitute good cause to reinstate an external monitor. (14) The parties shall hold monthly meetings with Compliance Officer Wright to discuss the status of efforts to achieve and maintain substantial compliance with the discuss consent how outstanding they decree. will The respond recommendations. parties to These shall Dr. monthly Dennehy’s meetings shall occur on or near the first of every month. 9 also (15) No additional findings under the Prison Litigation Reform Act (18 U.S.C. § 3626) are necessary to order order. implementation of this transition plan and While the parties have agreed to such in the transition plan, they should in tandem with the filing of the next compliance report indicate why this is so. DONE, this the 27th day of October, 2023. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 10
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