IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF ALABAMA MONTGOMERY DIVISION

JOHN HICKS, JAMES TAYLOR, CHARLES MALEC, and GREGORY WYNN,
Plaintiffs,
v.
GARY HETZEL, Warden of W.E. Donaldson Correctional Facility,
RICHARD ALLEN, Commissioner, Alabama Department of Corrections,
BOB RILEY, Governor of Alabama,
in their official capacities,
Defendants.

CIVIL ACTION No.
CLASS ACTION COMPLAINT: DEMAND FOR TRIAL BY JURY

I. INTRODUCTION 1. JOHN HICKS, JAMES TAYLOR, CHARLES MALEC, and GREGORY WYNN
bring this suit on behalf of themselves and all other persons incarcerated at William E. Donaldson Correctional Facility ("DonaldsonU ) in Bessemer, Alabama. Plaintiffs are at a substantial risk of serious injury due to the violence, lack of security, understaffing, corruption, and severe overcrowding at this prison. 2. Donaldson Correctional Facility currently houses 1,681 men nearly 700 more people than it was designed to hold at its maximum capacity. The men at Donaldson are packed so tightly

into cellblocks that the tension and volatility caused by lack of space results in weekly stabbings, fights, and assaults. Donaldson is acutely understaffed, leaving correctional officers unable to provide appropriate security. 3. The potential for violence at Donaldson is exacerbated by the absence of appropriate security measures, the ready availability to inmates of weapons, cell phones, cocaine, heroin, methamphetamines and other drugs inside the prison, the dearth of work, vocational, or other activities, unbearably hot temperatures during the summer, and the dilapidated condition of prison buildings. 4. As a result of these conditions and the Defendants' deliberate indifference to them, an atmosphere of chaos and volatility reigns at Donaldson. Stabbings and beatings have left prisoners with slit throats, punctured livers, pierced lungs, loss of vision, paralysis, disfigurement, and other injuries, as well as psychological trauma. 5. Plaintiff JOHN HICKS was blinded in one eye after being attacked by a prisoner with mental illness. 6. Plaintiff JAMES TAYLOR was stabbed in the face and shoulder by a prisoner wielding a knife. 7. Plaintiff CHARLES MALEC was asleep in his bunk in an open dorm when a prisoner slashed his face with a razor from his temple to his neck. At the time, there was no officer present in the
2

dorm of approximately 130 men. 8. Plaintiff GREGORY WYNN was assaulted by an officer who stomped
on his back and maced him in the face without provocation. 9. At all times relevant to the events described herein,
defendants have had knowledge of the substantial risk of serious injury presented to plaintiffs. 10. Defendants have consciously, unreasonably, and unconscionably disregarded the risk of such harm to plaintiffs, allowing such injuries to occur. 11. Defendants have failed to carry out their statutory and constitutional obligations to provide for the basic safety and security of prisoners at Donaldson. Plaintiffs bring this action on behalf of themselves and all others similarly situated, seeking injunctive relief, pursuant to 42 U.S.C. § 1983 and the Eighth and Fourteenth Amendments to the United States Constitution.
II. JURISDICTION 12. This action is brought pursuant to 42 U.S.C. § 1983. This
Court has jurisdiction over plaintiffs' claims pursuant to 28 U.S.C. §§ 1331 and 1343, and the United States Constitution. 13. This Court is authorized to grant declaratory and injunctive relief under 28 U.S.C. §§ 2201 and 2202.
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III. VENUE 14. The Middle District of Alabama is an appropriate venue for
this action under 28 U.S.C. § 1391(b) because a "substantial part of the events or omissions giving rise to the claim[sl occurred" in this district. Specifically, decisions about funding, staffing, investigations, maintenance and repairs, and the number of people housed at Donaldson are made at the central office of the Department of Corrections, headquartered in this district. In addition, one or more of the defendants lives in this district and all of the defendants reside in Alabama.
IV. PARTIES 15. Plaintiffs JOHN HICKS, JAMES TAYLOR, CHARLES MALEC, and
GREGORY WYNN are serving state sentences through confinement in Donaldson Correctional Facility. All named plaintiffs have suffered physical harm due to the unconstitutional conditions at Donaldson and are in immediate danger of future harm. The named plaintiffs seek to represent themselves and all other current and future prisoners at Donaldson. 16. Defendant GARY HETZEL is the Warden of Donaldson Correctional Facility. As warden, defendant HETZEL is responsible for the day-to-day operations of the prison. Defendant HETZEL is sued in his official capacity as warden of Donaldson.
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17. Defendant RICHARD ALLEN is Commissioner of the Alabama Department of Corrections. As Commissioner, ALLEN is responsible for the daily supervision of operations at the Alabama Department of Corrections. He is the highest ranking official in the Alabama Department of Corrections. Defendant ALLEN is sued in his official capacity as Commissioner of the Alabama Department of Corrections.
18. Defendant BOB RILEY is the Governor of Alabama. As chief executive of the State of Alabama, defendant RILEY has authority to exercise "all functions and duties of the department [of corrections] .. . acting by himself or by and through such administrative divisions or such officers or employees or individuals as he may designate." Ala. Code §§ 14-1-17, 14-1-1.1. Defendant RILEY is sued in his official capacity as Governor of Alabama.
19. At all times relevant to the events described herein, defendants were employed by and acted under color of law of the State of Alabama.
v. CLASS ACTION ALLEGATIONS
20. The plaintiffs bring this action on behalf of themselves and all others similarly situated pursuant to Rules 23(a) and (b) (2) of the Federal Rules of Civil Procedure. The class consists of all persons who are now or will in the future be incarcerated at Donaldson Correctional Facility.
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21. The class is so numerous that joinder of all members is impracticable. There are approximately 1,681 men at Donaldson. This population changes often as prisoners are transferred to and from the prison.
22. There are questions of law and fact common to the class. These include the nature and constitutionality of conditions, practices, pOlicies and treatment of men at Donaldson.
23. The conditions, policies, practices and treatment challenged in this action apply with equal force to the named plaintiffs and all members of the class so that the claims of the named plaintiffs are typical of those of the class.
24. The named plaintiffs will fairly and adequately represent the interests of the class. They possess the requisite personal interest in the subject matter of the lawsuit. They are represented by a law office experienced in class action litigation involving unconstitutional conditions in prisons and jails.
25. Defendants have acted and refused to act on grounds generally applicable to the class, thereby making appropriate final declaratory and injunctive relief with respect to the class as a whole.
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VI. STATEMENT OF FACTS 26. William E. Donaldson Correctional Facility opened in 1982 as
the West Jefferson Correctional Facility, with a capacity of 700 medium and minimum security prisoners held in dormitories and 16 single cells. 27. Donaldson was subsequently expanded, giving it a "designed capacity" of 968 men. 1 The number of men confined at Donaldson has more than doubled over the years. As of December 2008, Donaldson was at 173.7% capacity, holding 1,681 men. 28. Some men at Donaldson are housed in open dormitories, where beds are so close together that a prisoner can reach out his hand and touch the person in the next bunk. 29. In another part of the prison, known as "the blocks," three men are crammed into cells designed for two. These cells measure approximately 8 x 12 feet, but much of the space is taken up by bunks, property boxes, toilets, and hanging laundry. Men housed in 3-man cells do not have enough room to sit upright on their bunks or to dress. Grooming and hygiene activities often take place in the hallway. The smell of feces often permeates the cells, and overflowing toilets back up into adjacent cells.
"Design capacity" means "original architecture designs plus renovations." Ala. Dep't of Corr. Dec. 2008 Monthly Statistical Report, p. 3.
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30. In the summer months, the heat and lack of ventilation in the blocks becomes unbearable. Men are often confined to their locked, 3-man cells, lying on sweat-dampened mattresses. The lack of space in the blocks is so unbearable that prisoners beg officers to move them, sometimes committing assaults on other prisoners so as to be moved to another area of the prison.
31. Donaldson is so overcrowded that prisoners, who go to the dining hall in shifts, are often given just minutes to eat meals. Some eat standing up.
32. Due to overcrowding, the curreIlt level of security staff is insufficient to properly run the prison. There is a shortage of correctional officers throughout the Department of Corrections, but the staff shortage at Donaldson is particularly acute. As of December 2008, Donaldson was short 82 correctional security staff out of a total authorized number of 302 officers.
33. In March 2005, former Donaldson Warden Stephen Bullard described the shortage of officers at Donaldson as a "crisis" and wrote to the former Commissioner: "I am concerned it is going to take a lawsuit, riot, death or serious injury for anyone to take this crisis seriously." Over three years later, more than 25 percent of the authorized officer positions at Donaldson are still empty.
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34. The ongoing staffing shortage compromises institutional security and the safety of prisoners and staff. In a grievance dated May 14, 2008, an officer at Donaldson warned Defendant HETZEL that the present staffing situation "does not provide enough manpower for regular posts and certainly not for any extra security requirements." In one dorm, the officer reported, two officers are assigned to guard 288 men. In the prison's south side units, there are often only two to three officers supervising 520 prisoners.
35. As a result of overcrowding and understaffing, security at Donaldson is lacking. Prisoners are routinely able to exit their cells, even when they are supposed to be locked. Prisoners, moreover, routinely leave their cellblocks and enter other areas of the prison where they are not authorized to be. Men who are assigned to A and B blocks, for example, are able to leave their assigned area, pass through several security checkpoints, and spend days at a time, undetected, in other prison dormitories on the south side of the prison.
36. Due to the shortage of security staff, officers are forced to work overtime on a regular basis. In addition to its economic cost to the prison system, excessive overtime accrual compromises security because exhausted officers are less likely to remain alert or be able to respond adequately to normal or exigent security needs.
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37. Exhausted officers at Donaldson are often asleep on duty. 38. Correctional officers working in such a stressful
environment have become disrespectful, short-tempered, and often violent toward prisoners, contributing to the overall volatility in the prison. Prisoners report that officers routinely curse at them, threaten them, use excessive force, and refer to them as "bitches" "f---boys," "n------," and other derogatory names. 39. Corruption is a problem at Donaldson. A number of officers are involved in illegal activity. These officers bring drugs, cell phones, cell phone chips, and other contraband into the prison. They also serve as look outs for prisoners engaging in criminal activity, alerting those prisoners when other prison officials are approaching. Some officers participate in betting and gambling along with prisoners. Officers have engaged in sexual relationships with inmates. In one recent instance, an officer allegedly put a "hit" out on another officer who threatened to disclose the first officer's involvement in illegal activity. 40. There are an unacceptable number of instances of excessive force by officers. Charles Agee was beaten to death by officers in 2005. 2 Also in 2005, Sammy Duncan was struck by an officer repeatedly with a metal baton in the head, back,
See Bogus v. Alabama Dep't of Corrections, Civil Action No. 7:06-cv-1667-RDP (N.D. Ala.).
10

arm, and groin, fracturing his wrist and injuring him so severely that he required surgery to remove a portion of his testicles. 3 41. There are many more recent examples. On December 23, 2008, Corey Bedgood was punched in the face while handcuffed. 42. On December 12, 2008, Billy Jessie was lured into a vacant hallway by an officer with a history of excessive force and corrupt activities. The officer handcuffed Jessie and repeatedly hit him in the face and head with his radio as a sergeant looked on. Jessie was beaten unconscious. He lost a tooth and suffered a cracked jaw, two black eyes, and multiple cuts and contusions. 43. Ricardo Swift's arm was broken when an. officer repeatedly hit him with a baton in June 2008. Surgery was required to repair the damage. 44. Kenneth Knabenshue was injured in March 2008, when officers stomped on his head, beat him with batons, and kicked him as he lay on the ground, handcuffed. Mr. Knabenshue's leg was swollen and bruised, his left eye was swollen shut, his ribs were bruised, blood leaked from his ear for several days, and he had numerous cuts on his face, head, and back. 45. In March 2008, Plaintiff Gregory Wynn was assaulted by an officer who threw him to the ground, placed a knee on his back, punched him in the head with a closed fist, and sprayed

3

Duncan v. Jenkins et al., ~~-cv-2095-IPJ.

him directly in the face with pepper spray. 46. Kurt Taylor, a disabled man with a prosthetic leg, was
beaten in April 2008 with batons, dragged into the cellblock, and kicked while he was on the ground, handcuffed. 47. Officers who repeatedly engage in unprofessional activity are not appropriately reprimanded. 48. There have also been numerous assaults on security staff, including a serious assault on a lieutenant in September 2008. As a result of this and similar assaults, security officers already fearful of walking into prisoner living areas have become even more reluctant to enter the open dormitories Hhere they are greatly outnumbered, often leaving these areas largely unsupervised. 49. Illegal drugs are readily available at Donaldson, and drug abuse is rampant. Prisoners have ready access to crack cocaine, heroin, methamphetamines, marijuana, and other controlled substances. Prisoners report seeing other prisoners smoke crack cocaine or inject methamphetamines on a near-daily basis in the open areas of some cell blocks. It is common to smell burning wire or soda cans used to inject or smoke controlled substances. 50. The insufficient number of security staff to supervise and patrol the large prison population makes it nearly impossible to conduct adequate shakedowns and searches, which allows
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dangerous contraband such as knives and shanks to be hidden throughout the prison facilities. Knives fashioned out of sheet metal, razors, and box cutters are plentiful. Cell phones and drugs are smuggled into the prison creating a volatile environment. 51. Tensions are further increased by conditions at the prison. The men at Donaldson are incarcerated in dilapidated buildings in need of repair. 52. When it rains, water leaks through the walls and ceilings, flooding entire ce11b1ocks. Cardboard is stacked in the dormitories in an attempt to create a walkway through the inch or more of water on the floor. Rain falls into prisoners' cells, soaking their bunks. The men attempt to plug leaks with toilet paper and toothpaste. Failing that, they use garbage cans or cups to collect rainwater in their living areas. 53. The smell of sewage from the waste facility outside the prison often permeates the cell blocks. 54. Cockroaches often crawl across prisoners' food. The dining hall is damp, unsanitary, and infested with flies and roaches. Chips of paint and plaster fall down on prisoners while they eat. Prisoners have become sick due to eating tainted meat. Rats crawl on food trays used to serve meals.
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55. Tensions are further exacerbated by the extreme heat during the summer months. The few fans in the dormitories do not provide sufficient relief from the heat. When prisoners are locked down in windowless, three-man cells, no air circulates and the heat becomes unbearable.
56. The tension and danger caused by forcing men to live in unsupervised dormitories and overcrowded cells where weapons are readily available has been made even worse by the dearth of treatment, educational, and vocational programs. Many men at Donaldson have nothing to do all day, every day. The lack of activities, exercise, and work for prisoners contributes to the already substantial risk of fights and assaults.
57. Critical incidents at Donaldson in 2008 and 2009 include, but are not limited to: a. 2/18/09: Eric Blankenship committed suicide by hanging. b. 2/2/09: A prisoner was stabbed. c. 1/28/09: Michael Mays was badly beaten by a group of prisoners and subsequently hospitalized. d. 12/24/08: Sahking Burke was stabbed 12 times and suffered two punctured lungs. e. 12/18/08: A prisoner was assaulted in a fight over a stolen cell phone. f. 12/5/08: A prisoner was assaulted. g. 11/17/08: A prisoner was badly beaten by other prisoners.
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h. 11/9/08: A prisoner was assaulted by another prisoner. i. 11/08: A prisoner was sodomized with a broomstick. j. 10/25/08: A prisoner was assaulted by another prisoner
who blackened his eyes. k. 10/20/08: A prisoner was stabbed three times with an
inmate-made knife. 1. 10/17/08: A prisoner was stabbed. m. 10/17/08: A prisoner was stabbed. n. 10/9/08: A prisoner was stabbed. o. 10/6/08: A prisoner was stabbed. p. 10/6/08: A prisoner was stabbed 4-5 times in the
segregation exercise yard by another prisoner who used a key to remove his handcuffs. q. 10/6/2008: Two prisoners were stabbed. r. 9/26/08: A prisoner was stabbed in the stomach while he slept. s. 9/25/08: A prisoner was tied up in a cell and beaten. t. 9/25/08: A prisoner was stabbed. u. 9/25/08: A prisoner was assaulted. v. 9/23/08: A prisoner was stabbed twice in the chest. w. 9/13/08: A prisoner was stabbed in the chest and shoulder. x. 9/10/08: A prisoner was stabbed. y. 9/7/08: A prisoner was attacked while he slept and was
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stabbed 11 times. z. 8/23/08: A prisoner stabbed another prisoner with a knife
made from the metal frame of a window. aa. 8/11/08: Two prisoners stabbed each other in the
segregation yard. bb. 7/27/08: A prisoner was slashed three times across the
head with a knife and beaten with a mop handle. cc. 7/23/08: Charles Malec was slashed with a razor. dd. 7/22/08: A prisoner was stabbed. ee. 7/20/08 : A prisoner was stabbed in the chest with a
knife ~. ff. 6/23/08: A prisoner was stabbed multiple times and
taken to the hospital. gg. 5/30/08: A prisoner was involved in an altercation with
several inmates and was transported to hospital due to his injuries. hh. 5/27/08: A prisoner was stabbed repeatedly in the head in the southside dorm. ii. 5/27/08: A prisoner was stabbed in 4-block. jj. 5/18/08: John Hicks was attacked by a man with mental illness. He suffered a broken nose and eye socket. He was hospitalized, had surgery, and lost vision in his left eye. kk. 4/25/08: A prisoner was stabbed.
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11. 4/16/08: A prisoner was stabbed and cut in the face with a box cutter.
mm. 4/1/08: A prisoner was stabbed 5 times, once in the head and taken to the hospital.
nn. 3/30/08: A prisoner was assaulted. 00. 3/20/08: A prisoner was assaulted. pp. 3/19/08: Four prisoners attacked a prisoner because of
a debt. qq. 3/4/08: A prisoner was assaulted. rr. 3/4/08: Two prisoners were observed fighting. ss. 3/3/08: A prisoner was stabbed in the neck. tt. 3/08: A prisoner was stabbed in the hand while in his
segregation cell by a prisoner who was able to exit his cell. uu. 3/08: A prisoner was stabbed in the back. vv. 2/15/08: A prisoner was repeatedly stabbed, hospitalized, and underwent a surgical procedure to drain fluid from his brain. ww. 2/9/08: A prisoner was assaulted. xx. 2/08: A prisoner was stabbed 14 times. yy. 2/08: A prisoner was stabbed in C/O block. zz. 1/29/08: A prisoner was stabbed. aaa. 1/25/08: A prisoner was stabbed and suffered minor injuries.
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bbb. 1/22/08: A prisoner was stabbed by a prisoner wielding an ice pick.
58. In addition to these incidents, a number of sexual assaults have also been reported in the past year.
59. Despite the high level of violence, there are few security cameras in the prison. There are many areas, such as showers and corridors, that correctional officers cannot see from their stations. Investigations into violent incidents are often perfunctory or happen not at all.
60. Despite the high level of violence at Donaldson, persons who complain that t-hey fear an assault are often ignored. Unprotected by prison staff, prisoners resort to their own devices to protect themselves. Some prisoners have attacked innocent bystanders in order to be placed in a disciplinary segregation cell, away from general population.
61. Much of the violence at Donaldson goes unreported. Certain prisoners act as "doctors," sewing up prisoners' wounds.
62. Paradoxically, the chaotic environment at Donaldson contributes to prison overcrowding. Even those men who attempt to stay out of trouble at Donaldson find themselves being pulled into altercations. In an attempt to defend themselves, the men incur disciplinary reports for fighting. These disciplinary reports may cause the parole board to deny parole and extend incarceration.
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63. For many years, defendants have known about and failed to take the necessary steps to abate the conditions challenged in this lawsuit, and their deliberate indifference to these conditions has resulted in the crisis that now threatens the basic health and safety of named plaintiffs and all members of the plaintiff class.
64. Proof of defendants' knowledge includes: (a) plaintiffs' counsel having placed defendants on notice by letters dated March 15, 2007, May 12, 2008, January 27, 2009, and February 12, 2009; (b) Institutional Incident Reports prepared by defendants' employees deBcribing violent incidents in -the last several years; (c) lawsuits filed by prisoners challenging conditions of confinement and lack of security; and (d) prisoners' oral assertions to prison administrators of lack of safety.
65. Defendants have further been made aware that the violent conditions at Donaldson have caused significant injuries and/or lasting disabilities to men at the prison because they had to provide medical care for people severely injured in the violence. Specifically, Defendants have knowledge of the following incidents: a. In August 2007, a prisoner was stabbed 5-6 times and suffered two collapsed lungs. He was taken to the hospital where he was placed on life support.
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b. In June 2007, David Carter was knifed in the chest with the blade barely missing his heart.
c. In May 2007, Dana Davis was nearly killed when another prisoner cut his throat and stabbed him over ten times with a foot-long knife. His lung collapsed. He was airlifted to UAB hospital.
d. In January 2007, a prisoner was stabbed. The knife punctured his liver and he suffered a collapsed lung.
e. In November 2006, a prisoner was stabbed by another prisoner, causing him to be confined to a wheelchair.
f. Leo Beverly was critically injured in November 2006 when a prisoner stabbed him in the legs, chest, back, and neck. His lung was pierced and he suffered nerve damage.
g. In August 2006, a prisoner was stabbed in the neck. He is now partially paralyzed.
h. In October 2005, a prisoner was stabbed in the eye and blinded.
66. The violence at Donaldson resulted in the death of Arthur Lee Scruggs in 2006. Mr. Scruggs was dragged into a cell, beaten, mutilated, and stabbed over 20 times.
67. On January 21, 2005, a mentally ill man, Charles Agee, was allegedly beaten to death by officers. See Bogus v. Alabama Dep't of Corrections, Civil Action No. 7:06-cv-1667-RDP (N.D. Ala. )
20

68. Defendants have had both objective and sUbjective knowledge of the high level of overcrowding and violence at Donaldson and of the risk presented to its inmates for years.
69. In spite of such knowledge, Defendants have failed to take reasonable steps to reduce the ongoing substantial risk of assault and serious injury presented to the men in custody at Donaldson.
70. The failure to act under these circumstances goes beyond gross negligence; the defendants have acted with a knowing, willful, unreasonable, and unconscionable disregard of the plaintiffs' rights, wel.fare, and well-being.
71. This Court has repeatedly found that overcrowding and understaffing inevitably may contribute to and exacerbates other impermissible prison conditions. This Court has explicitly and on multiple occasions ordered defendants to remedy the overcrowding that has been endemic in Alabama's prison system for the past 30 years. See e.g. Laube v. Haley, 234 F. Supp. 2d 1227 (M.D. Ala. 2002); Pugh v. Locke, 406 F. Supp. 318, 323 (M.D. Ala. 1976) ("overcrowding is primarily responsible for and exacerbates all the other ills of Alabama's penal system."). See also Graddick v. Newman, 453 u.S. 928, 934 (1981) ("Subject to judicial orders for nearly a decade, the State still failed to achieve compliance" with consent decree remedying conditions and overcrowding) .
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72. The courts have repeatedly made it clear that cost is not a

defense to constitutional violations. "It should not need

repeating that compliance with constitutional standards may

not be frustrated by legislative inaction or failure to

provide the necessary funds." Newman v. Alabama, 559 F.2d

283, 286 (5th Cir. 1977), rev'd in part on other grounds sub

nom, Alabama v.

438 u.s. 781 (1978). Prisons must meet

constitutional standards irrespective of financial

considerations. See Ancata v. Prison Health Servs.

., 769

F.2d 700, 705 (11th Cir. 1985) ("Lack of funds for facilities

cannot justify an unconstitutional lack of competent medical

care and treatment for inmates."). See also Moore v. Morgan,

922 F.2d 1553, 1557 n.4 (11th Cir. 1991); Gates v. Collier,

501 F.2d 1291, 1319-20 (5th Cir. 1974); Laube v. Haley, 234 F.

Supp.2d 1227, 1252 (M.D. Ala. 2002).

VI. EXHAUSTION OF ADMINISTRATIVE REMEDIES 73. There are no administrative remedies within the Alabama
Department of Corrections for named plaintiffs and other members of the plaintiff class to exhaust.

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VII. CAUSES OF ACTION
74. Defendants' deliberate indifference to the substantial risk of serious physical violence to which plaintiffs are exposed, and to the conditions which serve to increase that risk, as described in paragraphs 1-11 and 26-72 violates plaintiffs' rights under the Eighth and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S.C. § 1983.
75. Defendants' deliberate indifference to the denial of plaintiffs' basic human needs of living space, ventilation, and sanitation, as described in paragraphs 1-11 and 26-72 violates plaintiffs' rights under the Eighth and Fourteenth Amendments to the United States Constitution, as enforced through 42 U.S.C. § 1983.
PRAYER FOR RELIEF WHEREFORE, plaintiffs respectfully pray that this Court: 1. Assume jurisdiction over this action; 2. Personally conduct an unannounced inspection of Donaldson Correctional Facility; 3. Grant plaintiffs a full trial and discovery in this matter; 4. Adjudge and declare that the acts and omissions of the defendants with regard to the class members violate the Eighth and Fourteenth Amendments to the United States
23

Constitution; 5. Order defendants to comply with the Constitution and enjoin
defendants from subjecting plaintiffs to cruel and unusual punishment; 6. Award plaintiffs the costs of this lawsuit and reasonable attorney's fees; and 7. Order such additional relief as the Court may deem just and proper.
Respectfully submitted this 26th day of February, 2009.
SARAH GERAGHTY Alabama Bar No. 8047-A35G MELANIE VELEZ Georgia Bar No. 512460 (Pro hac vice motion pending) LISA KUNG Georgia Bar No. 430302 (pro hac vice motion pending) SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street, N.W. Atlanta, Georgia 30303-2122 Telephone: (404) 688-1202 Facsimile: (404) 688-9440 sgeraghty@schr.org mvelez@schr.org lkung@schr.org Attorneys for Plaintiffs
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 Case 2:09-cv-00155-WKW -WC Document 152 Filed 04/20/11 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JOHN HICKS, et al., Plaintiffs,
v. GARY HETZEL, et al.,
Defendants.

) ) ) ) ) CASE NO. 2:09-CV-155-WKW ) ) ) )

ORDER

Upon consideration of the Parties’ Joint Motion to Stay (Doc . # 151), and for the

reasons stated in the motion, it is ORDERED that the m otion is GRANTED, and that this

action is STAYED on the terms agreed upon by the parties. It is further ORDERED that if

Plaintiffs have not m oved to lift the stay prior to March 28, 2012, then Defendants are

DIRECTED to file a notice of that fact by5:00 p.m. on March 28, 2012, “so that the action

can then be dism issed without prejudice as contem plated by the [Parties’] Agreement.”

(Doc. # 151 ¶ 4.)

DONE this 20th day of April, 2011.

/s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

 
 Case 2:09-cv-00155-WKW -WC Document 155 Filed 03/30/12 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JOHN HICKS, et al., Plaintiffs,
v. GARY HETZEL, et al.,
Defendants.

) ) ) ) ) CASE NO. 2:09-CV-155-WKW ) ) ) )

ORDER

This action has been stayed for nearly a year to permit Defendants to fulfill

their obligations specified in the parties’ settlement agreement. (Doc. # 152.) The

parties agreed that, if during the stay, Plaintiffs concluded that Defendants had failed

to fulfill their obligations under the settlement agreement, Plaintiffs could file a

motion at any time prior to March 28, 2012, requesting that the stay be lifted. As

directed in a prior Order (Doc. # 152), Defendants informed the court on March 28,

2012, that no such motion had been filed by Plaintiffs (Doc. # 154). Accordingly,

pursuant to the terms of the agreement between the parties (Doc. # 151), this action

is DISMISSED without prejudice.

The Clerk of the Court is DIRECTED to close this case.

DONE this 30th day of March, 2012.

/s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE

 
 Case 2:09-cv-00155-WKW-WC Document 52 Filed 06/19/09 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JOHN HICKS, et al., Plaintiffs,
v. GARY HETZEL, et al.,
Defendants.

) ) ) ) ) CASE NO. 2:09-CV-155-WKW ) ) ) )

ORDER

Pursuant to the proceedings held in open court at the scheduling conference on June

18, 2009, it is ORDERED as follows:

(1) Defendants’ Motion for Protective Order and/or Discovery Management Plan

(Doc. # 36) is DENIED to the extent that Defendants seek bifurcated discovery on the issue

of class certification.

(2) To permit the parties to reevaluate their Rule 26(f) Report (Doc. # 43) in light

of the court’s ruling denying bifurcated discovery, it is ORDERED that the parties file an

Amended Rule 26(f) Report on or before July 2, 2009.

(3) Defendants’ Unopposed Motion to Extend Deadline to Supplement Response

in Opposition to Motion for Class Certification (Doc. # 49) is GRANTED. The parties’

Amended Rule 26(f) Report should include proposed dates for submission of Plaintiffs’

Motion for Class Certification (Doc. # 16), to include proposed dates for Defendants to file

Case 2:09-cv-00155-WKW-WC Document 52 Filed 06/19/09 Page 2 of 2 a supplemental response to Plaintiffs’ Motion for Class Certification and for Plaintiffs’ to file a reply in support of their Motion for Class Certification.
DONE this 19th day of June, 2009. /s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE
2

 
 Case 2:09-cv-00155-WKW-WC Document 27 Filed 04/08/09 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JOHN HICKS, et al., Plaintiffs,
v. GARY HETZEL, et al.,
Defendants.

) ) ) ) ) CASE NO. 2:09-CV-155-WKW ) ) ) )

ORDER

Upon consideration of Plaintiffs’ Motion for Class Certification (Doc. # 16), it is

ORDERED that Defendants file a response to the motion on or before April 22, 2009.

DONE this 8th day of April, 2009.

/s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

 
 Case 2:09-cv-00155-WKW-WC Document 56 Filed 07/08/09 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JOHN HICKS, et al., Plaintiffs,
v. GARY HETZEL, et al.,
Defendants.

) ) ) ) ) CASE NO. 2:09-CV-155-WKW ) ) ) )

ORDER

Upon consideration of Plaintiffs’ Unopposed Motion to Dismiss Plaintiff John Hicks,

filed pursuant to Rule 21 of the Federal Rules of Civil Procedure (Doc. # 53), and based upon

the representation of the parties that Mr. Hicks was granted parole on June 9, 2009, it is

ORDERED that the motion is GRANTED and that Mr. Hicks is dropped as a plaintiff in this

litigation.

DONE this 8th day of July, 2009.

/s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

 
 Case 2:09-cv-00155-WKW-WC Document 59 Filed 07/08/09 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JOT-IN HICKS, et a!., Plaintiffs,
vs. GARY HETZEL, et al.,
Defendants.

)

)

)

)

)

CASE NO. 2:09-cv-1 55-WKW

)

)

)

)

CONSENT PROTECTIVE ORDER

To expedite the flow of discovery material, facilitate the prompt resolution of disputes

over confidentiality, protect adequately material entitled to be kept confidential, and ensure that

protection is afforded only to material so entitled, it is, pursuant to the Court's authority under

the Federal Rules of Civil Procedure and by the consent of the parties, ORDERED as follows:

1. Nondisclosure of Stamped Confidential Documents. Except with the prior

written consent of the party or other person originally designating a document to be stamped as a

confidential document, or as hereinafter provided under this Order, no "stamped confidential

document" may be disclosed to any person. A "stamped confidential document" means any

document which bears the legend (or which shall otherwise have had the legend recorded upon it

in a way that brings it to the attention of a reasonable examiner) "Confidential" to signify that it

contains information believed to be subject to protection under the applicable Federal Rules of

Civil Procedure and this Order. For purposes of this Order, the term "document" means all

written, recorded, or graphic material, whether produced pursuant to a request for production,

subpoena duces tecum, subpoena, by agreement, or by any other means. Interrogatory answers,

responses to requests for admission, deposition transcripts and exhibits, pleadings, motions,

affidavits, and briefs that quote, summarize, or contain material entitled to protection may be

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Case 2:09-cv-00155-WKW-WC Document 59 Filed 07/08/09 Page 2 of 6
accorded status as a stamped confidential document, but, to the extent feasible, shall be prepared
in such a manner that the confidential information is bound separately from that not entitled to
protection. Any party may designate any document produced in this litigation as confidential
notwithstanding whether it is the original producing party, subject to the provisions of paragraph
3 of this order.
2. Permissible Disclosure. Notwithstanding paragraph 1, stamped confidential
documents may be disclosed to counsel for the parties in this action who are actively engaged in
the conduct of this specific action/litigation as cited in the style above; to the partners, associates,
secretaries, paralegal assistants, and employees of such counsel to the extent reasonably
necessary to render professional services in such litigation; and to court officials involved in this
litigation (including court reporters, persons operating video recording equipment at depositions,
and any special master or mediator appointed by the court). Such documents may also be
disclosed:
(a) to the parties involved in this litigation for use in this litigation except that neither documents stamped confidential by the Defendants nor information contained in documents stamped confidential by Defendants shall be provided to any Plaintiff or putative class member;
(b) to any person designated by the Court in the interest of justice, upon such terms as the Court may deem proper; and
(c) to persons noticed for depositions or designated as trial witnesses to the extent reasonably necessary in preparing to testify; to outside consultants or experts retained for the purpose of assisting counsel in the litigation; to employees of parties involved solely in one or more aspects of organizing, filing, coding, converting, storing, or retrieving data or designing programs for handling data connected with these actions, including the performance of such duties in relation to a computerized litigation support system; and to employees of third-party contractors performing one or more of these functions; provided, however, that in all such cases the individual to whom disclosure is to be made has signed, and counsel for the relevant party has maintained a form containing:
(1) a recital that the signatory has read and understands this Order; and
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(2) a recital that the signatory understands that unauthorized disclosures of the stamped confidential documents may constitute contempt of Court.
3. Declassification. If a party to this Order who is to receive any stamped
confidential documents produced in accordance with this Order disagrees with respect to its
designation as confidential, in full or in part, it shall notify the producing party in writing, and
the recipient and the producing party will thereupon confer in good faith as to the status of the
subject information proffered within the context of this Order. If the recipient and producing
party are unable to agree upon the status of the subject information, any party to this Order may
raise the issue of such designation with the Court, which shall decide the issue. The Court may
raise the issue of designation of the protected status without request from a party. In any
disagreement over a designation of confidentiality, the producing party bears the burden of
proving that the designated information is protected under the Federal Rules of Civil Procedure.
4. Confidential Information in Depositions.
(a) A deponent may during any deposition be shown and examined about stamped confidential documents if the provisions of paragraph 2(c) are complied with. Deponents shall not retain or copy portions of the transcript of their depositions that contain confidential information not provided by them or the entities they represent unless they sign the form prescribed in paragraph 2(c). A deponent who is not a party or a representative of a party shall be furnished a copy of this Order before being examined about, or asked to produce, potentially confidential documents.
(b) Parties (and deponents) may, within 7 days after receiving a deposition transcript, designate pages of the transcript (and exhibits thereto) as confidential. Confidential information within the deposition transcript may be designated by underlining the portions of the pages that are confidential and marking such pages with the following legend: "Confidential -- Subject to Protection Pursuant to Court Order." Until expiration of the 7-day period, the entire deposition will be treated as subject to protection against disclosure under this order. If no party or deponent timely designates confidential information in a deposition, then none of the transcript will be treated as confidential; if a timely
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Case 2:09-cv-00155-WKW-WC Document 59 Filed 07/08/09 Page 4 of 6
designation is made, the confidential portions and exhibits shall be filed under seal separate from the portions and exhibits not so marked.
5. Confidential Information at Trial. Subject to the Federal Rules of Evidence, stamped confidential documents and other confidential information may be offered in evidence at trial or any court hearing, provided that the proponent of the evidence gives ten (10) days advance notice to counsel for any party or other person that designated the information as confidential. Any party may move the Court for an order that the evidence be received in camera or under other conditions to prevent unnecessary disclosure. The Court will then determine whether the proffered evidence should continue to be treated as confidential information and, if so, what protection, if any, may be afforded to such information at the trial.
6. Subpoena by Other Courts or Agencies. If another court or an administrative agency subpoenas or orders production of stamped confidential documents that a party has obtained under the terms of this Order, such party shall promptly notify the party or other person who designated the document as confidential of the pendency of such subpoena or order.
7. Filing. Stamped confidential documents need not be filed with the clerk except when required in connection with motions for summary judgment or other evidentiary matters pending before the Court. If filed, they shall be filed under seal and shall remain sealed while in the office of the clerk so long as they retain their status as stamped confidential documents.
8. Prohibited Copying. If a document contains information so sensitive that it should not be copied by anyone, it shall bear the additional legend "Copying Prohibited." Application for relief from this restriction against copying may be made to the Court, with notice to counsel so designating the document, or the parties may themselves agree in writing to allow copying of such documents under terms and conditions negotiated by them.
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Case 2:09-cv-00155-WKW-WC Document 59 Filed 07/08/09 Page 5 of 6
9. Use. Persons obtaining access to stamped confidential documents under this Order shall use the information only for preparation and trial of this specific action/litigation specified by the style above (including appeals and retrials), and shall not use such information for any other purpose, including business, governmental, commercial, administrative, or other judicial proceedings.
10. Modification Permitted. Nothing in this Order shall prevent any party or other person from seeking modification of this Order or from objecting to discovery that it believes to be otherwise improper.
11. Responsibility of Attorneys. The attorneys of record are responsible for employing reasonable measures, consistent with this Order, to control duplication of, access to, and distribution of copies of stamped confidential documents. Parties shall not duplicate any stamped confidential document except working copies and for filing in Court under seal.
12. No Waiver. (a) Review of the confidential documents and information by counsel, experts, or consultants for the litigants in the litigation shall not waive the confidentiality of the documents or objections to production.
(b) The inadvertent, unintentional, or in camera disclosure of confidential document and information shall not, under any circumstances, be deemed a waiver, in whole or in part, of any party's claims of confidentiality.
(c) In addition, nothing in this Order shall be deemed a waiver of the Plaintiffs' or Defendants' right (a) to oppose any subsequent motion for a protective order; or (b) to oppose any objection by the other party to the production of materials or documents in response to requests for discovery in this litigation.
13. Return of Documents. Within 30 days after all matters in this lawsuit or pre-suit discovery petition have been finally resolved, including but not limited to any appeal and proceeding on remand, counsel for a party that produced material marked "Confidential" may
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Case 2:09-cv-00155-WKW-WC Document 59 Filed 07/08/09 Page 6 of 6

request in writing the return of all such documents (including physical or electronic copies of

such documents, if any), from the party to which they were produced. Upon receipt of such a

timely request, the responsive documents shall be returned to the counsel for the producing party,

except that the returning party may retain a log of documents produced which may identify the

individual documents being returned in a manner that does not breach their confidentiality.

14. Any document produced in accordance with this Order shall be deemed authentic,

as true and correct copy of the original. Nothwithstanding the foregoing, nothing contained in

this protective Order and no action taken pursuant to it shall prejudice the right of any party to

contest the alleged relevancy, admissibility, or discoverability of the confidential documents and

information sought.

DONE and ORDERED this the ____ day of

, 2009.

UNITED1MM1S1ATE JUDGE

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 Case 2:09-cv-00155-WKW-WC Document 120 Filed 04/13/10 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JOHN HICKS, et al., Plaintiffs,
v. GARY HETZEL, et al.,
Defendants.

) ) ) ) ) CASE NO. 2:09-CV-155-WKW ) ) ) )

ORDER

Upon consideration of the motions to seal (Docs. # 107, 111 & 116), and for good

cause shown, it is ORDERED that the motions are GRANTED.

DONE this 13th day of April, 2010.

/s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

 
 Case 2:09-cv-00155-WKW-WC Document 143 Filed 09/16/10 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

JOHN HICKS, et al., Plaintiffs,
v. GARY HETZEL, et al.,
Defendants.

) ) ) ) ) CASE NO. 2:09-CV-155-WKW ) ) ) )

ORDER

For the reasons stated during the telephonic status conference held on September 8,

2010, it is ORDERED that the motion for class certification (Doc. # 82) is DENIED without

prejudice, with leave to renew by adoption, if and when appropriate.

DONE this 16th day of September, 2010.

/s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

 
 83 Poplar Street, N.W. Atlanta, GA 30303
(404) 688-1202 voice (404) 688-9440 fax
www.schr.org
FOR IMMEDIATE RELEASE – February 26, 2009
Media Contact: Sarah Geraghty or Melanie Velez 404/688-1202
Severe Overcrowding Creates Chaos, Violence, and Corruption at Donaldson Correctional Facility
Lawsuit filed on behalf of Injured Prisoners to Prevent Future Violence
MONTGOMERY, AL, February 26, 2009 — Today, attorneys from the Southern Center for Human Rights filed a federal class action lawsuit on behalf of people incarcerated at Donaldson Correctional Facility in Bessemer, Alabama. The case, Hicks v. Hetzel, names Warden Gary Hetzel, Alabama Department of Corrections (ADOC) Commissioner Richard Allen, and Governor Bob Riley as Defendants. The case was filed in the U.S. District Court for the Middle District of Alabama. The Plaintiffs have asked the ADOC to reduce the population at Donaldson to the number the facility was designed to hold.
William E. Donaldson Correctional Facility (“Donaldson”) opened in 1982 as the West Jefferson Correctional Facility, with a capacity of 700 medium and minimum security prisoners. The prison was subsequently expanded, giving it a designed capacity of 968 men. The number of men confined at Donaldson has more than doubled over the years. As of December 2008, Donaldson was at 173.7% capacity, holding 1,681 men.
Because of overcrowding, three men are crammed into cells that were designed for two. These cells measure approximately 8 x 12 feet. Men do not have enough room to sit upright on their beds or to dress. When it rains, water pours through the ceiling. The smell of feces often permeates the cells, and overflowing toilets back up into adjoining cells. In the summer months, the heat becomes unbearable. Without room for movement, men must often remain in their locked cells, lying on sweat-dampened mattresses.
Prisoners are packed so tightly into cellblocks that the tension and volatility results in weekly stabbings, fights, and assaults. Prisoners report that stabbings and beatings have left them with slit throats, punctured livers, pierced lungs, partial blindness, paralysis, and other injuries, as well as psychological trauma. The potential for violence is exacerbated by the absence of appropriate security measures, the ready availability of weapons, the flourishing drug trade in which some officers are involved, the absence of industry, the dearth of activities, and the dilapidated condition of prison buildings.
In the last two months, there have been a number of critical incidents at Donaldson. For example, on February 18, a prisoner committed suicide by hanging; on February 2, a prisoner was stabbed; on January 28, a prisoner was hospitalized after being beaten by a group of other prisoners; on December 24, a prisoner was stabbed twelve times, suffering two punctured lungs; on December 23, an officer slammed a prisoner’s head into the wall after the prisoner objected to the officer using the word “n-----;” in a separate incident on the same day, an officer punched a handcuffed prisoner in the face, bloodying his nose; and on December 12, a handcuffed prisoner was beaten unconscious by an officer with a history of using excessive force and participating in illegal activities.
This level of violence is not unusual for Donaldson. The following is a snapshot of some of the incidents that have been reported to the Southern Center for Human Rights over the last three years:

• On September 7, 2008, a prisoner was stabbed 11 times.
• On June 6, 2008, an officer hit Ricardo Swift’s arm repeatedly with a baton, causing his arm to fracture and requiring him to undergo surgery.
• On April 16, 2008, Alphonso Lark was stabbed and cut in the face with a box cutter.
• On February 15, 2008, a prisoner was stabbed, requiring him to undergo a surgical procedure to drain fluid from his brain.
• In August 2007, a prisoner was stabbed 5-6 times and suffered two collapsed lungs.
• In June 2007, David Carter was knifed in the chest with the blade barely missing his heart.
• In May 2007, Dana Davis was nearly killed when another prisoner cut his throat and stabbed him over ten times with a foot-long knife. His lung collapsed. He was airlifted to UAB hospital.
• In January 2007, a prisoner was stabbed. The knife punctured his liver and he suffered a collapsed lung during emergency surgery.
• In November 2006, a prisoner was stabbed by another prisoner. He is now paralyzed and confined to a wheelchair.
• In November 2006, Leo Beverly was stabbed and suffered a punctured lung.
• In August 2006, a prisoner was stabbed in the neck. He is now partially paralyzed.
• In January 2006, Arthur Lee Scruggs was dragged into a cell, beaten, mutilated, and stabbed over 20 times, causing his death.
Plaintiffs contend that reducing the prison population statewide is key to creating a safe and humane environment for both prisoners and officers at Donaldson and at other state prisons.
“Without an immediate reduction in the population at Donaldson, the health and wellbeing of both prisoners and officers will remain in jeopardy,” said Melanie Velez, one of the attorneys for the Plaintiffs.
Conditions at Donaldson are such that even those men who seek to follow the rules and stay out of trouble are pulled into the fray. Plaintiff John Hicks, for example, was sitting in a prison day room when a prisoner he did not know assaulted him with a broom handle, blinding him in one eye. Plaintiff Charles Malec was asleep in his bunk when a prisoner slashed his face with a razor from his temple to his neck. At the time, there was no officer present in the dorm.
“There are many men at Donaldson who want to change their lives for the better,” said Sarah Geraghty, an attorney for the Plaintiffs. “But the goals of redemption and rehabilitation suffer when prisoners must remain in a constant state of vigilance to protect their physical safety.”
To read the Complaint, visit www.schr.org. For additional information, contact Attorneys Sarah Geraghty or Melanie Velez at 404/688-1202 (office),
(404) 909-7079 (cell), or sgeraghty@schr.org, mvelez@schr.org

 
 Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 1 of 19
CLOSED,STAYED
U.S. District Court Alabama Middle District (Montgomery) CIVIL DOCKET FOR CASE #: 2:09−cv−00155−WKW−WC

Hicks et al v. Hetzel et al Assigned to: Chief Judge William Keith Watkins Referred to: Honorable Judge Wallace Capel, Jr Cause: 42:1983 Prisoner Civil Rights
Plaintiff

Date Filed: 02/26/2009 Date Terminated: 03/30/2012 Jury Demand: None Nature of Suit: 555 Habeas Corpus (Prison Condition) Jurisdiction: Federal Question

John Hicks TERMINATED: 07/08/2009

represented by Herman Austin Watson , Jr. Watson, McKinney &Artrip, LLP PO Box 18368 Huntsville, AL 35804−8368 256−536−7423 Fax: 256−536−2689 Email: watson@watsonmckinney.com TERMINATED: 07/08/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Kung Southern Center for Human Rights 83 Poplar Street, NW Atlanta, GA 30303 404−688−1202 Fax: 404−688−9440 Email: lkung@schr.org TERMINATED: 07/08/2009 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Melanie Velez Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, GA 30303 404−688−1202 Fax: 404−688−9440 Email: mvelez@schr.org TERMINATED: 07/08/2009 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Rebekah Keith McKinney Watson, McKinney &Artrip, LLP PO Box 18368 Huntsville, AL 35804−8368 256−536−7423 Fax: 256−536−2689 Email: mckinney@watsonmckinney.com TERMINATED: 07/08/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty Southern Center for Human Rights 83 Poplar Street, NW Atlanta, GA 30303

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 2 of 19

404−688−1202 Fax: 404−688−9440 Email: sgeraghty@schr.org TERMINATED: 07/08/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff James Taylor

represented by Herman Austin Watson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Kung (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Melanie Velez (See above for address) TERMINATED: 07/08/2009 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Rebekah Keith McKinney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Charles Malec

represented by Herman Austin Watson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lisa Kung (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Melanie Velez (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Rebekah Keith McKinney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sarah Elisabeth Geraghty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 3 of 19

Plaintiff Gregory Wynn

represented by Herman Austin Watson , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lisa Kung (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Melanie Velez (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rebekah Keith McKinney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sarah Elisabeth Geraghty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
Gary Hetzel Warden of W.E. Donaldson Correctional Facility, in his official capacity

represented by Anne Adams Hill Alabama Department of Corrections 301 South Ripley Street P.O. Box 301501 Montgomery, AL 36130 334−353−3877 Fax: 334−353−3967 Email: Anne.Hill@doc.alabama.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bart Gregory Harmon Alabama Department of Corrections Legal Division 301 South Ripley Street P.O. Box 301501 Montgomery, AL 36130 334−353−3881 Fax: 334−353−3891 Email: bart.harmon@doc.alabama.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
David R. Boyd Balch &Bingham − MGM PO Box 78 Montgomery, AL 36101−0078 334−269−3132 Fax: 334−269−3115 Email: dboyd@balch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 4 of 19

Defendant
Richard Allen Commissioner, Alabama Department of Corrections, in his official capacity TERMINATED: 01/25/2011

John Garland Smith Balch &Bingham PO Box 78 105 Tallapoosa Street Montgomery, AL 36101−0078 334−956−8123 Fax: 334−269−3115 Email: jgsmith@balch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kim Tobias Thomas Alabama Department of Corrections Legal Division 301 South Ripley Street PO Box 301501 Montgomery, AL 36130−1501 334−353−3884 Fax: 334−353−3891 Email: kim.thomas@doc.alabama.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Michael Calligas Balch &Bingham − MGM PO Box 78 Montgomery, AL 36101−0078 334−269−3127 Fax: 877−313−6054 Email: lcalligas@balch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Anne Adams Hill (See above for address) TERMINATED: 01/25/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bart Gregory Harmon (See above for address) TERMINATED: 01/25/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED
David R. Boyd (See above for address) TERMINATED: 01/25/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Garland Smith (See above for address) TERMINATED: 01/25/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kim Tobias Thomas (See above for address) TERMINATED: 01/25/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 5 of 19

Defendant Bob Riley Governor of Alabama, in his official capacity
Defendant Kim Tobias Thomas Commissioner
Defendant George Edwards Deputy Warden of W.E. Donaldson, in his

Louis Michael Calligas (See above for address) TERMINATED: 01/25/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Anne Adams Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David R. Boyd (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Garland Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kim Tobias Thomas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Louis Michael Calligas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Anne Adams Hill (See above for address) ATTORNEY TO BE NOTICED
Bart Gregory Harmon (See above for address) ATTORNEY TO BE NOTICED
David R. Boyd (See above for address) ATTORNEY TO BE NOTICED
John Garland Smith Balch &Bingham PO Box 78 105 Tallapoosa Street Montgomery, AL 36101−0078 334−834−6500 Fax: 334−269−3115 Email: jgsmith@balch.com ATTORNEY TO BE NOTICED
Louis Michael Calligas (See above for address) ATTORNEY TO BE NOTICED
represented by Anne Adams Hill (See above for address)

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 6 of 19

official capacity

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bart Gregory Harmon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David R. Boyd (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Garland Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kim Tobias Thomas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Louis Michael Calligas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Christopher Gordy Deputy Warden of W. E. Donaldson, in his official capacity

represented by Anne Adams Hill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Bart Gregory Harmon (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David R. Boyd (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Garland Smith (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kim Tobias Thomas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Louis Michael Calligas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/26/2009

# Docket Text
1 Inmate 1983 COMPLAINT against all defendants ( Filing fee $ 350.00 receipt number 4602009045.), filed by Gregory Wynn, John Hicks, James Taylor, Charles

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 7 of 19

02/26/2009 02/26/2009 02/26/2009 02/26/2009 02/27/2009
03/04/2009 03/04/2009 03/04/2009 03/05/2009 03/06/2009 03/06/2009 03/06/2009 03/06/2009 03/06/2009
03/06/2009
03/11/2009 03/11/2009 03/12/2009 03/12/2009

Malec. (Attachments: # 1 receipt)(vma, ) (Entered: 02/27/2009)
DEMAND for Trial by Jury by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (No PDF attached; contained within doc. 1 )(vma, ) (Entered: 02/27/2009)
2 Summons Issued as to Gary Hetzel; summons and complaint returned to counsel for personal service.(vma, ) (Entered: 02/27/2009)
3 Summons Issued as to Richard Allen; summons and complaint returned to counsel for personal service. (vma, ) (Entered: 02/27/2009)
4 Summons Issued as to Bob Riley; summons and complaint returned to counsel for personal service. (vma, ) (Entered: 02/27/2009)
5 Case reassigned to Honorable William Keith Watkins. Honorable Truman M. Hobbs no longer assigned to the case as he was assigned under the assumption that this case would proceed in the manner of a pro se inmate case. These inmates are represented by counsel, therefore this case will proceed as any other civil case. (cc, ) (Entered: 02/27/2009)
6 Corporate/Conflict Disclosure Statement by Gary Hetzel. (Harmon, Bart) (Entered: 03/04/2009)
7 Corporate/Conflict Disclosure Statement by Richard Allen. (Harmon, Bart) (Entered: 03/04/2009)
***Attorney Bart Gregory Harmon for Gary Hetzel and Richard Allen added − per docs. 6 , 7 − Conflict Disclosure Statement. (No PDF attached)(vma, ) (Entered: 03/05/2009)
AO FORM 85 mailed to counsel for Gary Hetzel, Richard Allen (vma, ) (Entered: 03/05/2009)
8 Corporate/Conflict Disclosure Statement by Gregory Wynn. (Geraghty, Sarah) (Entered: 03/06/2009)
9 Corporate/Conflict Disclosure Statement by Charles Malec. (Geraghty, Sarah) (Entered: 03/06/2009)
10 Corporate/Conflict Disclosure Statement by James Taylor. (Geraghty, Sarah) (Entered: 03/06/2009)
11 Corporate/Conflict Disclosure Statement by John Hicks. (Geraghty, Sarah) (Entered: 03/06/2009)
12 Motion to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602009199.) by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Cert/good standing (Velez), # 2 receipt, # 3 proposed order)(vma, ) (Entered: 03/06/2009)
13 Motion to Appear Pro Hac Vice ( Filing fee $ 350.00 receipt number 4602009200.) by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Cert/good standing/Kung, # 2 receipt, # 3 proposed order)(vma, ) (Entered: 03/06/2009)
14 ORDER granting 12 Motion for Leave for Melanie Velez to Appear Pro Hac Vice. Signed by Honorable William Keith Watkins on 3/11/09. (djy, ) (Entered: 03/11/2009)
15 ORDER granting 13 Motion for Leave for Lisa Kung to Appear Pro Hac Vice. Signed by Honorable William Keith Watkins on 3/11/09. (djy, ) (Entered: 03/11/2009)
16 MOTION to Certify Class by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Memorandum of Law in Support)(Geraghty, Sarah) (Entered: 03/12/2009)
BRIEF/MEMORANDUM in Support re 16 MOTION to Certify Class filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (NO PDF document attached to this notice−See Docket Entry 16 ). (djy, ) (Entered: 03/13/2009)

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 8 of 19

03/13/2009 03/13/2009 03/16/2009 03/16/2009 03/16/2009 03/18/2009 03/18/2009 04/03/2009
04/06/2009 04/06/2009 04/06/2009 04/08/2009 04/09/2009
04/09/2009 04/13/2009 04/13/2009

17 NOTICE of Appearance by David R. Boyd on behalf of all defendants (Boyd, David) (Entered: 03/13/2009)
***Attorney John Garland Smith for Gary Hetzel, Richard Allen and Bob Riley added − per doc. 17 − notice of appearance. (No PDF attached) (vma, ) (Entered: 03/16/2009)
18 SUMMONS Returned Executed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. Richard Allen served on 2/26/2009, answer due 3/18/2009. (vma, ) (Entered: 03/16/2009)
19 SUMMONS Returned Executed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. Gary Hetzel served on 3/10/2009, answer due 3/30/2009. (vma, ) (Entered: 03/16/2009)
20 SUMMONS Returned Executed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. Bob Riley served on 2/26/2009, answer due 3/18/2009. (vma, ) (Entered: 03/16/2009)
21 Corporate/Conflict Disclosure Statement by Bob Riley. (Smith, John) (Entered: 03/18/2009)
22 Answer of Defendants to Special Report to Inmate 1983 Complaint by Gary Hetzel, Richard Allen, Bob Riley.(Smith, John) (Entered: 03/18/2009)
23 MOTION to Expedite Discovery by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Exhibit photographs, # 2 Affidavit Declaration of Steve J. Martin, # 3 Affidavit Declaration of Captain Lloyd Wallace, President, ACO, # 4 Exhibit Plaintiffs' Notice of Inspection and Entry, # 5 Exhibit Plaintiffs' Request for Production, # 6 Exhibit Plaintiffs' Index of Exhibits in Support of Motion, # 7 Text of Proposed Order Proposed Order)(Geraghty, Sarah) Modified on 5/7/2009 − to show that Exhibit 1 photographs are filed under seal − see doc. 28 (vma, ). (Entered: 04/03/2009)
24 ORDER TO SHOW CAUSE that Defendants shall show cause why the 23 Motion to Expedite Discovery filed by John Hicks, Gregory Wynn, James Taylor, Charles Malec should not be granted. Show Cause Response due by 4/16/2009. Signed by Honorable Wallace Capel, Jr on 4/6/09. (vma, ) (Entered: 04/06/2009)
25 MOTION File Under Seal Photographs in Support of Motion for Expedited Discovery re 23 MOTION to Expedite Discovery by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Text of Proposed Order)(Geraghty, Sarah) (Entered: 04/06/2009)
26 ORDER granting 25 Motion to file under seal photographs in Support of Motion for expedited discovery. Signed by Honorable Wallace Capel, Jr on 4/6/09. (vma, ) (Entered: 04/06/2009)
27 ORDER re 16 MOTION to Certify Class filed by John Hicks, Gregory Wynn, James Taylor, Charles Malec; Response to Motion due by 4/22/2009. Signed by Honorable William Keith Watkins on 4/8/09. (vma, ) (Entered: 04/08/2009)
28 NOTICE OF FILING DOCUMENTS UNDER SEAL by Gregory Wynn, John Hicks, James Taylor, Charles Malec re 26 Order − (documents sealed are photos − which are filed conventionally for viewing in Clerk's office) (Attachments: # 1 Re: Exhibits − (Photos))(vma, ) (Additional attachment(s) added on 4/13/2009: # 2 main doc. #2) (vma, ). (Entered: 04/09/2009)
29 NOTICE of Appearance by Louis Michael Calligas on behalf of all defendants (Calligas, Louis) (Entered: 04/09/2009)
30 NOTICE of Correction attaching corrected PDF (w/corrected signatures) re 28 Notice of Filing Documents under seal (Attachments: # 1 corrected PDF)(vma, ) (Entered: 04/13/2009)
31 ORDER that the Rule 26(f) report containing the discovery plan shall be filed fourteen days after Judge Capel rules on Plaintiffs' Motion to Expedite discovery (see docs. # 23 − 24 ). Signed by Honorable William Keith Watkins on 4/13/09. (vma, ) (Entered: 04/13/2009)

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 9 of 19

04/13/2009
04/16/2009 04/16/2009 04/17/2009
04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/21/2009 04/22/2009 04/23/2009
05/07/2009 05/11/2009
05/15/2009 05/19/2009

32 NOTICE by Gregory Wynn, John Hicks, James Taylor, Charles Malec re 23 MOTION to Expedite Discovery (Attachments: # 1 Affidavit of Sahking Burke, # 2 Affidavit of Michael Mays, # 3 Affidavit of Daniel Thomas, # 4 Affidavit of Brandon Russell, # 5 Affidavit Coy Crowe, # 6 Affidavit of Charles Malec)(Geraghty, Sarah) (Entered: 04/13/2009)
33 RESPONSE in Opposition re 23 MOTION to Expedite Discovery and Entry Upon Land for Inspection and Other Purposes filed by Gary Hetzel, Richard Allen, Bob Riley. (Attachments: # 1 Exhibit A)(Smith, John) (Entered: 04/16/2009)
34 MOTION to Strike 23 MOTION to Expedite Discovery Ex. 3 − Declaration of President of ACO by Gary Hetzel, Richard Allen, Bob Riley. (Attachments: # 1 Exhibit "A")(Smith, John) (Entered: 04/16/2009)
35 REPLY to Response to Motion re 23 MOTION to Expedite Discovery filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Affidavit of Billy Jessie, # 2 Exhibit ADOC Monthly Statistical Report, Feb. 2009 and December 2007, # 3 Exhibit ADOC Monthly Statistical Report, Jan. 2009)(Geraghty, Sarah) (Entered: 04/17/2009)
36 MOTION for Protective Order and/or Discovery Management Plan by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 04/21/2009)
37 MOTION to Take Deposition from Plaintiffs Hicks, Taylor, Malec and Wynn (Motion for Leave to Take Plaintiffs' Depositions) by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 04/21/2009)
38 MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Certify Class by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 04/21/2009)
39 RESPONSE in Opposition re 34 MOTION to Strike 23 MOTION to Expedite Discovery Ex. 3 − Declaration of President of ACO filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 04/21/2009)
40 RESPONSE in Opposition re 38 MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Certify Class filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 04/21/2009)
41 RESPONSE in Opposition re 16 MOTION to Certify Class filed by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 04/22/2009)
42 ORDER denying 23 Motion to Expedite; Pursuant to the Court's Order of 4/13/09 (doc. 31 ), the Rule 26(f) report will be due on or before fourteen days after the date of this Order as further set out in order. Signed by Honorable Wallace Capel, Jr on 4/23/09. (vma, ) (Entered: 04/23/2009)
43 REPORT of Rule 26(f) Planning Meeting. (Geraghty, Sarah) (Entered: 05/07/2009)
44 MOTION for Permission to File by May 26, 2009 a Reply in Support of Plaintiffs' Motion for Class Certification (Doc. No. 16 ) and a Response to Defendants' Motion for Protective Order (Doc. No. 36 ) re 16 MOTION to Certify Class by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 05/11/2009)
45 RESPONSE in Opposition re 23 MOTION to Expedite Discovery [Doc 23−4] Notice of Entry Upon Land for Inspection and Other Purposes filed by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 05/15/2009)
46 RESPONSE to Motion re 44 MOTION for Permission to File by May 26, 2009 a Reply in Support of Plaintiffs' Motion for Class Certification (Doc. No. 16 ) and a Response to Defendants' Motion for Protective Order (Doc. No. 36 ) re 16 MOTION to Certify Class MOTION for Permission to File by May 26, 2009 a Reply in Support of Plaintiffs' Motion for Class Certification (Doc. No. 16 ) and a Response to Defendants' Motion for Protective Order (Doc. No. 36 ) re 16 MOTION to Certify Class filed by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 05/19/2009)

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 10 of 19

05/20/2009
05/26/2009
05/29/2009 06/17/2009 06/17/2009 06/18/2009 06/18/2009 06/19/2009
06/23/2009 06/23/2009 07/02/2009 07/08/2009

47 ORDER 1) denying as moot 34 Motion to strike Declaration of President of Alabama Correctional Organization as further set out in order; 2) Granting 37 MOTION to Take Deposition as further set out; 3) Granting MOTION for Extension of Time to File Response as to 16 MOTION to Certify Class and the deadline for dfts to file a supplemental response to Plaintiffs' Motion for Class Certification is extended to and including 6/9/09; 4) Granted 44 MOTION for Permission to File a Reply in support of their Motion for class certification, and plaintiffs may file on or before 6/16/09; 5) Plaintiffs' motion for permission to file a response to defendants' Motion for Protective Order (doc. 44 ) is granted in that Plaintiffs are directed to file a response to dfts' Motion for Protective Order and/or Discovery Management Plan (doc. 36 ) on or before 5/26/09; Setting an on−the−record planning and Status Conference for 6/18/2009 01:30 PM in Courtroom 2E before Honorable William Keith Watkins; The Clerk of the Court is directed to provide a court reporter for the conference. Signed by Honorable William Keith Watkins on 5/20/09. (furn: yg hc ar)(vma, ) (Entered: 05/20/2009)
48 RESPONSE in Opposition re 36 MOTION for Protective Order and/or Discovery Management Plan filed by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Attachments: # 1 Affidavit of Larry Wayne Jones, # 2 Affidavit of Jameth McDonald, # 3 Affidavit of Christopher Benjamin, # 4 Affidavit of KeUndre Johnson, # 5 Exhibit Defendants' Response to Plaintiffs' Request for Production)(Geraghty, Sarah) (Entered: 05/26/2009)
49 MOTION for Extension of Deadline To Supplement Response in Opposition to Motion for Class Certification re 41 Response in Opposition to Motion by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 05/29/2009)
50 NOTICE of Appearance by Herman Watson, Jr. and Rebekah Keith McKinney on behalf of Gregory Wynn, John Hicks, James Taylor, Charles Malec (McKinney, Rebekah) Modified on 6/18/2009 − to add Herman Watson to docket entry(vma, ). (Entered: 06/17/2009)
***Attorney Herman Austin Watson, Jr for Gregory Wynn, John Hicks, James Taylor and Charles Malec added − per doc. 50 . (No PDF attached)(vma, ) (Entered: 06/18/2009)
NOTICE of Docket Text Correction re 50 Notice of Appearance − Modified on 6/18/2009 − to add Herman Watson to docket entry and also added attorney to docket for the plaintiffs.(No PDF attached to this notice)(vma, ) (Entered: 06/18/2009)
51 Minute Entry for STATUS CONFERENCE held 6/18/09 before Judge William Keith Watkins (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ajr, ) (Entered: 06/18/2009)
52 ORDER directing as follows: (1) defs' 36 MOTION for Protective Order and/or Discovery Management Plan is DENIED to the extent that defs seek bifurcated discovery on the issue of class certification; (2) to permit the parties to reevaluate their Rule 26(f) report in light of the court's ruling denying bifurcated discovery, it is ORDERED that the parties file an Amended Rule 26(f) report on ofr before 7/2/2009; (3) defs' unopposed 49 MOTION to extend deadline to supplement response in opposition to motion for class certification is GRANTED, as further set out in order. Signed by Honorable William Keith Watkins on 6/19/09. (djy, ) (Entered: 06/19/2009)
53 MOTION to Dismiss Plaintiff John Hicks by Gregory Wynn, John Hicks, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 06/23/2009)
54 NOTICE of Appearance by Anne C Adams on behalf of Gary Hetzel, Richard Allen, Bob Riley (Adams, Anne) (Entered: 06/23/2009)
55 REPORT of Rule 26(f) Planning Meeting. (Calligas, Louis) (Entered: 07/02/2009)
56 ORDER granting 53 Motion to Dismiss Plaintiff John Hicks and that Mr. Hicks is dropped as a plf in this litigation. Signed by Honorable William Keith Watkins on 7/8/2009. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) (Entered: 07/08/2009)

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 11 of 19

07/08/2009 07/08/2009 07/08/2009 07/13/2009 07/13/2009 07/14/2009
07/30/2009 07/30/2009 07/31/2009
07/31/2009 07/31/2009 07/31/2009 08/03/2009 08/04/2009
08/14/2009

57 MOTION Adopt Class Certification Briefing Schedule Set Forth in Para. 3C of Amended Rule 26 Report re 55 Report of Rule 26(f) Planning Meeting by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit Decl. of Steve Martin)(Geraghty, Sarah) (Entered: 07/08/2009)
58 Joint MOTION for Protective Order by Gary Hetzel, Richard Allen, Bob Riley. (Attachments: # 1 Exhibit A)(Calligas, Louis) (Entered: 07/08/2009)
59 CONSENT PROTECTIVE ORDER. Signed by Honorable Wallace Capel, Jr on 7/9/2009. (cc, ) (Entered: 07/09/2009)
60 Joint MOTION for Order Qualified HIPAA Protective Order by Gary Hetzel, Richard Allen, Bob Riley. (Attachments: # 1 Exhibit A)(Calligas, Louis) (Entered: 07/13/2009)
61 QUALIFIED HIPAA PROTECTIVE ORDER. Signed by Honorable Wallace Capel, Jr on 7/13/09. (djy, ) (Entered: 07/13/2009)
62 RESPONSE in Opposition re 57 MOTION Adopt Class Certification Briefing Schedule Set Forth in Para. 3C of Amended Rule 26 Report re 55 Report of Rule 26(f) Planning Meeting MOTION Adopt Class Certification Briefing Schedule Set Forth in Para. 3C of Amended Rule 26 Report re 55 Report of Rule 26(f) Planning Meeting filed by Gary Hetzel, Richard Allen, Bob Riley. (Calligas, Louis) (Entered: 07/14/2009)
63 MOTION to Compel by Gregory Wynn, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 07/30/2009)
BRIEF/MEMORANDUM in Support re 63 MOTION to Compel filed by Gregory Wynn, James Taylor, Charles Malec. (No PDF document attached to this notice−See Docket Entry 63 ). (djy, ) (Entered: 07/31/2009)
64 SCHEDULING ORDER (MODIFIED) setting Pretrial Conference set for 5/10/2010 before Honorable William Keith Watkins, in the FMJUSC, Montgomery, AL; Jury Trial set for 6/7/2010 before Honorable William Keith Watkins, in Montgomery, AL; setting Amended Pleadings due for plfs by 9/15/09 and due for defs by 9/30/2009; setting Discovery due by 2/9/2010; setting dispositive Motions due by 2/9/2010; setting Mediation Notice due by 3/7/2010, as further set out in order. Signed by Honorable William Keith Watkins on 7/31/09. Furnished to YG, HC &AR.(djy, ) (Entered: 07/31/2009)
65 ORDER denying as moot 57 Motion to adopt class certification briefing schedule, as further set out in order. Signed by Honorable William Keith Watkins on 7/31/09. (djy, ) (Entered: 07/31/2009)
66 ORDER directing the parties file a corrected amended Rule 26(f) report that contains the omitted text, as further set out in order; Rule 26 Meeting Report due by 8/7/2009. Signed by Honorable William Keith Watkins on 7/31/09. (djy, ) (Entered: 07/31/2009)
67 AMENDED REPORT of Rule 26(f) Planning Meeting. (Calligas, Louis) Modified on 8/3/2009 to reflect that this is an AMENDED REPORT (QC/djy, ). (Entered: 07/31/2009)
NOTICE of Docket Text Correction re 67 Report of Rule 26(f) Planning Meeting to add text to reflect that the document is an AMENDED Report (NO PDF document attached to this notice). (djy, ) (Entered: 08/03/2009)
68 ORDER, upon consideration of plfs' 63 motion to compel, directing that the parties shall conduct a face to face meeting on or before 8/18/09 in an attempt to resolve the issue; On or before 8/25/09, the parties shall file joint report informing the Court as to the result of the meeting, as further set out in order. Signed by Honorable Wallace Capel, Jr on 8/4/09. (djy, ) (Entered: 08/04/2009)
69 MOTION for Extension of Deadline to file Expert Report re 64 Scheduling Order,, by Gregory Wynn, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 08/14/2009)

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 12 of 19

08/17/2009
08/20/2009 08/21/2009 08/24/2009 08/26/2009
09/02/2009 09/02/2009 09/15/2009 09/18/2009
09/28/2009
09/28/2009
09/29/2009 09/29/2009
10/23/2009

70 ORDER granting 69 Motion for Extension of Deadline; extending the deadline for plfs to file the report of their expert, Steve J. Martin from 9/21/2009 to and including 9/28/2009. Signed by Honorable William Keith Watkins on 8/17/09. (djy, ) (Entered: 08/17/2009)
71 MOTION for Extension of Deadline re 64 Scheduling Order,, by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 08/20/2009)
72 MOTION to Take Deposition (Motion for Leave to Take Plaintiffs' Depositions) by Gary Hetzel, Richard Allen, Bob Riley. (Smith, John) (Entered: 08/21/2009)
73 STATUS REPORT re: Resolution of Plaintiffs' Motion to Compel [Doc #63] by Gregory Wynn, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 08/24/2009)
74 ORDER granting 71 Motion for Extension of time; the deadline established in the 64 scheduling order pertaining to expert witness disclosures is extended from 10/9/09 to and including 10/16/09. Signed by Honorable William Keith Watkins on 8/26/09. (djy, ) (Entered: 08/26/2009)
75 ORDER denying as moot 63 Motion to Compel. Signed by Honorable Wallace Capel, Jr on 9/2/09. (djy, ) (Entered: 09/02/2009)
76 ORDER granting 72 Motion to Take Deposition of plaintiffs. Signed by Honorable Wallace Capel, Jr on 9/2/09. (djy, ) (Entered: 09/02/2009)
77 First MOTION to Amend/Correct Complaint to Add Defendants by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Geraghty, Sarah) (Entered: 09/15/2009)
78 ORDER granting 77 Motion for leave to amend; directing plfs to file an exact duplicate of the amended complaint, attached to the motion as Exhibit 1 on or before 9/22/2009. Signed by Honorable William Keith Watkins on 9/18/09. (djy, ) (Entered: 09/18/2009)
79 Defendants ANSWER to Complaint (AMENDED) by Gary Hetzel, Richard Allen, Bob Riley.(Smith, John) Modified on 9/29/2009 to reflect as answer to 80 amended complaint and also filed on behalf of added defendants George Edwards &Chrisopher Gordy (qc/djy, ). (Entered: 09/28/2009)
***Attorney David R. Boyd John Garland Smith Louis Michael Calligas, Kim Tobias Thomas, Bart Gregory Harmon and, Anne C Adams for George Edwards and Christopher Gordy added pursuant to 79 answer (NO PDF document attached to this notice). (djy, ) (Entered: 09/29/2009)
80 AMENDED COMPLAINT against all defendants, filed by Gregory Wynn, James Taylor, Charles Malec.(Geraghty, Sarah) (Entered: 09/29/2009)
NOTICE of Docket Text Correction re 79 Answer to Complaint to reflect as answer to 80 amended complaint and to reflect as also filed on behalf of added defendants George Edwards &Chrisopher Gordy (NO PDF document attached to this notice). (djy, ) (Entered: 09/29/2009)
81 BRIEF/MEMORANDUM in Support of Motion for Class Certification filed by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit Expert Report, # 2 Exhibit Summary of Stabbings and Assaults, # 3 Exhibit Inmate Count Sheet, # 4 Exhibit Hetzel Deposition, # 5 Exhibit Gregory Wynn Deposition, # 6 Exhibit Billy Jessie Deposition, # 7 Exhibit Patrick Crowe Deposition, # 8 Exhibit Document Regarding Removal of Third Bunks, # 9 Exhibit Charles Malec Deposition, # 10 Exhibit Brandon Russell Deposition, # 11 Exhibit James Taylor Deposition, # 12 Exhibit Lt. Terry Raybon Deposition, # 13 Exhibit ADOC Staffing Study, # 14 Exhibit Officer Richard Cooper Deposition, # 15 Exhibit Incident Reports, # 16 Exhibit Larry W. Jones Deposition, # 17 Exhibit KeUndre Johnson Deposition, # 18 Exhibit Christopher Benjamin Deposition, # 19 Exhibit Michael Mays Deposition, # 20 Exhibit Sahking Burke Deposition, # 21 Exhibit Warden Edwards Deposition, # 22 Exhibit Letter to ADOC, # 23 Exhibit Photographs, # 24 Exhibit Medical Records, # 25 Affidavit John Hicks Declaration, # 26 Exhibit Jameth McDonald Deposition, # 27 Affidavit Christopher

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 13 of 19

10/23/2009 10/23/2009 10/29/2009 11/03/2009
11/06/2009 11/20/2009 11/20/2009 01/29/2010 02/02/2010 02/09/2010 02/09/2010
02/09/2010

Benjamin Second Declaration, # 28 Affidavit Terrance Mosley Declaration, # 29 Exhibit Index)(Geraghty, Sarah) (Additional attachment(s) added on 10/27/2009: # 30 Redacted Exhibit Gregory Wynn Deposition, # 31 Redacted Exhibit Patrick Crowe Deposition, # 32 Redacted Exhibit Charles Malec Deposition, # 33 Redacted Exhibit Brandon Russell Deposition, # 36 Redacted Exhibit James Taylor Deposition, # 37 Redacted Exhibit Larry W. Jones Deposition, # 38 Redacted Exhibit Christopher Benjamin Deposition, # 39 Redacted Exhibit Michael Mays Deposition, # 40 Redacted Exhibit Sahking Burke Deposition) (djy, ). (Entered: 10/23/2009)
82 MOTION File Exhibits Under Seal by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Text of Proposed Order)(Geraghty, Sarah) (Entered: 10/23/2009)
MOTION for class certification by Gregory Wynn, James Taylor, Charles Malec. (NO PDF document attached−See Docket Entry 81 ). (djy, ) (Entered: 02/09/2010)
83 ORDER granting 82 Motion to file under seal certain exhibits to plfs' supplemental brief in support of motion for class certification. Signed by Honorable William Keith Watkins on 10/29/09. (djy, ) (Entered: 10/29/2009)
84 NOTICE by Gregory Wynn, James Taylor, Charles Malec of filing certain documents under seal in support of 81 BRIEF/MEMORANDUM in Support of motion for class certification pursuant to 83 court order (Attachments: # 1 SEALED Exhibit 2 part 1, # 2 SEALED Exhibit 2 part 2, # 3 SEALED Exhibit 3, # 4 SEALED Exhibit 8, # 5 SEALED Exhibit 13, # 6 SEALED Exhibit 16, # 7 SEALED Exhibit 24, # 8 SEALED Exhibit 25)(djy, ) (Entered: 11/03/2009)
85 RESPONSE to Motion re 16 MOTION to Certify Class (Supplemental) filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Smith, John) (Entered: 11/06/2009)
86 REPLY to Response to Motion re 16 MOTION to Certify Class filed by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Geraghty, Sarah) (Entered: 11/20/2009)
87 MOTION File Exhibit Under Seal re 86 Reply to Response to Motion by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Text of Proposed Order)(Geraghty, Sarah) (Entered: 11/20/2009)
88 ORDER granting 87 Motion to file under seal one exhibit. Signed by Honorable William Keith Watkins on 1/29/10. (scn) (Entered: 01/29/2010)
89 NOTICE of filing documents under seal by Gregory Wynn, James Taylor, Charles Malec re 86 Reply to Response to Motion (Attachments: # 1 sealed documents not legible for scanning purposes available for viewing in the Clerk's office)(djy, ) (Entered: 02/03/2010)
90 MOTION for Leave to File exhibit under seal by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Attachments: # 1 Text of Proposed Order)(djy, ) (Entered: 02/09/2010)
91 ORDER directing as follows: (1)for administrative purposes, Plaintiffs' 81 Brief in Support of Motion for Class Certification, filed on October 23, 2009, is construed as containing a Motion for Class Certification; (2) the 16 Motion to Certify Class is DENIED as moot; (3) On or before 3/1/2010, Plfs are DIRECTED to submit paper courtesy copies of their briefs and exhibits submitted in support of class certification 81 &86 ; (4) On or before 3/1/2010, Defs are DIRECTED to submit paper courtesy copies of their briefs and exhibits submitted in opposition to class certification 85 , as further set out in order. Signed by Honorable William Keith Watkins on 2/9/10. (djy, ) (Entered: 02/09/2010)
92 MOTION for Partial Summary Judgment on Failure to Protect Claim by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Brief, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, #

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 14 of 19

02/09/2010 02/09/2010 02/09/2010
02/09/2010 02/11/2010 02/11/2010 02/11/2010
02/11/2010 02/16/2010 02/17/2010
02/18/2010 02/19/2010

22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Appendix)(Geraghty, Sarah) (Entered: 02/09/2010)
93 MOTION for Summary Judgment by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Calligas, Louis) (Entered: 02/09/2010)
94 BRIEF/MEMORANDUM in Support re 93 MOTION for Summary Judgment filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Calligas, Louis) (Entered: 02/09/2010)
95 Evidentiary Submission re 94 BRIEF/MEMORANDUM in Support, 93 MOTION for Summary Judgment filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5, # 6 Attachment 6, # 7 Attachment 7, # 8 Attachment 8, # 9 Attachment 9, # 10 Attachment 10, # 11 Attachment 11, # 12 Attachment 12, # 13 Attachment 13)(Calligas, Louis) (Entered: 02/09/2010)
BRIEF/MEMORANDUM in Support re 92 MOTION for Partial Summary Judgment on Failure to Protect Claim filed by Gregory Wynn, James Taylor, Charles Malec. (NO PDF document attached to this notice−See Docket Entry 92 ). (djy, ) (Entered: 02/11/2010)
96 ORDER granting 90 Motion for Leave to File exhibit under seal. Signed by Honorable William Keith Watkins on 2/11/10. (djy, ) (Entered: 02/11/2010)
97 SEALED Exhibit 27 re 95 Evidentiary submission. (djy, ) (Entered: 02/11/2010)
98 ORDER directing that the 92 and 93 MOTIONS for Summary Judgment be submitted without oral argument on 3/15/2010; further ORDERING that the non−movants file responses, which shall include briefs, on or before 3/4/2010; the movants may file reply briefs on or before 3/15/2010, as further set out in order. Signed by Honorable William Keith Watkins on 2/11/10. (djy, ) (Entered: 02/11/2010)
99 MOTION to file under seal certain exhibits to plfs' brief in support of 92 motion for partial summary judgment by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Text of Proposed Order)(djy, ) (Entered: 02/11/2010)
100 ORDER granting 99 Motion for Leave to File under seal certain exhibits to plfs' brief in support of motion for partial summary judgment. Signed by Honorable William Keith Watkins on 2/16/10. (djy, ) . (Entered: 02/16/2010)
101 SEALED DOCUMENT− Evidentiary Submission re 92 MOTION for Partial Summary Judgment on Failure to Protect Claim filed by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit 1 Vol 1 Part A1, # 2 Exhibit 1 Vol 1 Part A2, # 3 Exhibit 1 Vol 1 Part A3, # 4 Exhibit 1 Vol 1 Part A4, # 5 Exhibit 1 Vol 1 Part A5, # 6 Exhibit 1 Vol 1 Part B1, # 7 Exhibit 1 Vol 1 Part B2, # 8 Exhibit 1 Vol 1 Part C, # 9 Exhibit 1 Vol 1 Part D, # 10 Exhibit 1 Vol 1 Part E, # 11 Exhibit 1 Vol 1 Part F, # 12 Exhibit 1 Vol 2 Part A 1, # 13 Exhibit 1 Vol 2 Part A 2, # 14 Exhibit 1 Vol 2 Part A 3, # 15 Exhibit 1 Vol 2 Part A 4, # 16 Exhibit 1 Vol 2 Part A 5, # 17 Exhibit 1 Vol 2 Part A 6, # 18 Exhibit 1 Vol 2 Part B, # 19 Exhibit 1 Vol 2 Part C, # 20 Exhibit 1 Vol 2 Part D, # 21 Exhibit 1 Vol 3 Part A, # 22 Exhibit 1 Vol 3 Part B, # 23 Exhibit 1 Vol 3 Part C, # 24 Exhibit 1 Vol 3 Part D, # 25 Exhibit 1 Vol 3 Part E, # 26 Exhibit 1 Vol 4 Part A, # 27 Exhibit 1 Vol 4 Part B, # 28 Exhibit 1 Vol 4 Part C, # 29 Exhibit 1 Vol 4 Part D, # 30 Exhibit 3, # 31 Exhibit 4, # 32 Exhibit 17, # 33 Exhibit 18 Part A, # 34 Exhibit 18 Part B, # 35 Exhibit 18 Part C, # 36 Exhibit 18 Part D, # 37 Exhibit 18 Part E, # 38 Exhibit 21)(djy, ) (Entered: 02/17/2010)
102 BRIEF/MEMORANDUM in Support of Motion for Partial Summary Judgment (Revised per Doc. #98) filed by Gregory Wynn, James Taylor, Charles Malec. (Geraghty, Sarah) Modified on 2/19/2010 to reflect as a brief in support of the 92 motion (qc/djy, ). (Entered: 02/18/2010)
NOTICE of Docket Text Correction re 102 BRIEF/MEMORANDUM in Support to reflect as a brief in support of the 92 motion (NO PDF Document attached to this

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03/01/2010 03/03/2010
03/04/2010
03/04/2010
03/04/2010 03/04/2010 03/04/2010 03/05/2010 03/05/2010 03/08/2010 03/08/2010 03/15/2010

notice). (djy, ) (Entered: 02/19/2010)
103 Notice of Mediation and Settlement Conference by all plaintiffs (Geraghty, Sarah) (Entered: 03/01/2010)
104 RESPONSE in Opposition re 93 MOTION for Summary Judgment filed by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Appendix Index of Exhibits)(Geraghty, Sarah) (Entered: 03/03/2010)
105 MOTION to Strike 92 MOTION for Partial Summary Judgment on Failure to Protect Claim Objection to Evidence Submitted in Support of Motion by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Smith, John) (Additional attachment(s) added on 3/5/2010 to correct the main PDF document to include an accurate certificate of service: # 3 main document) (qc/djy, ). (Entered: 03/04/2010)
106 RESPONSE in Opposition re 92 MOTION for Partial Summary Judgment on Failure to Protect Claim filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Attachments: # 1 Evidentiary Submission and Designation, # 2 Attachment 1, # 3 Attachment 2, # 4 Attachment 3, # 5 Attachment 4)(Calligas, Louis) (Additional attachment(s) added on 3/5/2010 to correct the main PDF document to include an accurate certificate of service: # 7 main document) (djy, ). (Entered: 03/04/2010)
Notice of Objection to Evidence submitted in support of 92 MOTION for Partial Summary Judgment on Failure to Protect Claim filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (NO PDF document attached to this notice−See Docket Entry 105 ). (djy, ) (Entered: 03/05/2010)
Evidentiary Submission re 106 Response in Opposition to Motion, filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy (NO PDF Document attached to this notice − See Evidentiary Submission and Designation attachment to Docket Entry 106 ). (djy, ) (Entered: 03/05/2010)
107 MOTION for Leave to File Exhibit under seal by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Attachments: # 1 Text of Proposed Order)(djy, ) (Entered: 03/05/2010)
108 NOTICE of Correction re 106 Response in Opposition to Motion to correct the main PDF document to include an accurate certificate of service (Attachments: # 1 corrected main document to Docket Entry 106 )(djy, ) (Entered: 03/05/2010)
109 NOTICE of Correction re 105 notice of objection to evidence to correct the main PDF document to include an accurate certificate of service (Attachments: # 1 corrected main document to Docket Entry 105 )(djy, ) (Entered: 03/05/2010)
110 ORDER directing that the plfs file a response to the 107 MOTION for Leave to File exhibit under seal and 105 MOTION to Strike 92 MOTION for Partial Summary Judgment on or before 3/22/2010. Signed by Honorable William Keith Watkins on 3/8/10. (djy, ) (Entered: 03/08/2010)
111 MOTION to file under seal certain exhibits to plfs' 104 response to defs' motion for summary judgment Leave to File by Gregory Wynn, James Taylor, Charles Malec. (djy, ) (Entered: 03/08/2010)
112 REPLY BRIEF re 106 Response in Opposition to Motion, filed by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Appendix)(Geraghty, Sarah) (Entered: 03/15/2010)

Case: 2:09-cv-00155-WKW-WC As of: 01/29/2013 06:51 PM CST 16 of 19

03/15/2010 03/15/2010 03/15/2010 03/15/2010 03/16/2010 03/18/2010 03/22/2010
04/08/2010 04/13/2010 04/13/2010 04/13/2010 04/13/2010 04/14/2010 04/14/2010 04/14/2010 04/14/2010

113 MOTION to Strike 104 Response in Opposition to Motion,, Certain Evidence Submitted by Plaintiffs by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Smith, John) (Entered: 03/15/2010)
114 MOTION to Strike 104 Response in Opposition to Motion,, Supplemkental Declaration of Steve Martin by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Smith, John) (Entered: 03/15/2010)
115 REPLY BRIEF re 104 Response in Opposition to Motion,, 95 Evidentiary Submission, 94 BRIEF/MEMORANDUM in Support, 93 MOTION for Summary Judgment filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Smith, John) (Entered: 03/15/2010)
Notice of Objection to certain declarations and documents submitted in support of 104 Response in Opposition to Motion filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (NO PDF document attached to this notice−See Docket Entry 113 ). (djy, ) . (Entered: 03/16/2010)
116 MOTION to File under seal certain exhibits to plfs' 112 reply to defs' response in opposition to motion for partial summary judgment by Gregory Wynn, James Taylor, Charles Malec. (djy, ) (Entered: 03/18/2010)
117 RESPONSE to Motion re 107 MOTION for Leave to File Exhibit Under Seal filed by Gregory Wynn, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 03/18/2010)
118 RESPONSE in Opposition re 113 MOTION to Strike 104 Response in Opposition to Motion,, Certain Evidence Submitted by Plaintiffs, 105 MOTION to Strike 92 MOTION for Partial Summary Judgment on Failure to Protect Claim Objection to Evidence Submitted in Support of Motion MOTION to Strike 92 MOTION for Partial Summary Judgment on Failure to Protect Claim Objection to Evidence Submitted in Support of Motion filed by Gregory Wynn, James Taylor, Charles Malec. (Attachments: # 1 Exhibit 1, # 2 Errata 2, # 3 Exhibit 3, # 4 Exhibit 4)(Geraghty, Sarah) (Entered: 03/22/2010)
119 RESPONSE in Opposition re 114 MOTION to Strike 104 Response in Opposition to Motion,, Supplemkental Declaration of Steve Martin filed by Gregory Wynn, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 04/08/2010)
120 ORDER granting 107 , 111 and 116 Motions to seal. Signed by Honorable William Keith Watkins on 4/13/10. (djy, ) (Entered: 04/13/2010)
121 SEALED DOCUMENT −Attachment 4 to Docket Entry 106 filed under seal pursuant to order 120 . (djy, ) (Entered: 04/13/2010)
122 SEALED DOCUMENT Exhibits 2, 3, 4, 5, 9, 10, 11, 18 &19 to Docket Entry 104 filed under seal pursuant to order 120 . (djy, ) (Entered: 04/13/2010)
123 SEALED DOCUMENT Exhibits 1 and 10 to Docket Entry 112 filed under seal pursuant to order 120 . (djy, ) (Entered: 04/13/2010)
124 MOTION to Strike 112 Reply Brief, [112−8] Third Declaration of Steve Martin by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Smith, John) (Entered: 04/14/2010)
125 MOTION to Strike 112 Reply Brief, 92 MOTION for Partial Summary Judgment on Failure to Protect Claim Additional Declarations Submitted in Support of Plaintiffs' Motion for Summary Judgment by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (Smith, John) (Entered: 04/14/2010)
Notice of Objection to Third Declaration of Steve Martin submitted in support of 112 Reply filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy. (No PDF document attached to this notice−See Docket Entry 124 ). (djy, ) (Entered: 04/15/2010)
Notice of Objection re certain declarations in support of 112 Reply filed by Gary Hetzel, Richard Allen, Bob Riley, George Edwards, Christopher Gordy (NO PDF document attached to this notice−See Docket Entry 125 ). (djy, ) (Entered: 04/15/2010)

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04/21/2010 04/30/2010
05/04/2010
05/07/2010 05/07/2010 05/07/2010 05/07/2010 05/10/2010 05/10/2010
05/12/2010
06/09/2010 06/10/2010 06/15/2010 06/22/2010

126 RESPONSE in Opposition re 124 MOTION to Strike 112 Reply Brief, [112−8] Third Declaration of Steve Martin filed by Gregory Wynn, James Taylor, Charles Malec. (Geraghty, Sarah) (Entered: 04/21/2010)
127 ORDER directing that the pretrial hearing, previously set for 5/10/10 is continued generally, and that in its place, a Status Conference will be held on 5/10/2010 @ 10:15 AM in Courtroom 2E FMJUSCC, Montgomery, AL before Honorable William Keith Watkins, as further set out in order. Signed by Honorable William Keith Watkins on 4/30/10. Furnished to YG, HC &AR.(djy, ) (Entered: 04/30/2010)
128 RESPONSE to Motion re 125 MOTION to Strike 112 Reply Brief, 92 MOTION for Partial Summary Judgment on Failure to Protect Claim Additional Declarations Submitted in Support of Plaintiffs' Motion for Summary Judgment MOTION to Strike 112 Reply Brief, 92 MOTION for Partial Summary Judgment on Failure to Protect Claim Additional Declarations Submitted in Support of Plaintiffs' Motion for Summary Judgment filed by Charles Malec, James Taylor, Gregory Wynn. (Velez, Melanie) (Entered: 05/04/2010)
129 Witness List by Charles Malec, James Taylor, Gregory Wynn. (Geraghty, Sarah) (Entered: 05/07/2010)
130 Exhibit List by Richard Allen, George Edwards, Christopher Gordy, Gary Hetzel, Bob Riley.. (Smith, John) (Entered: 05/07/2010)
131 Deposition Designations by Richard Allen, George Edwards, Christopher Gordy, Gary Hetzel, Bob Riley.. (Smith, John) (Entered: 05/07/2010)
132 Witness List by Richard Allen, George Edwards, Christopher Gordy, Gary Hetzel, Bob Riley. (Smith, John) (Entered: 05/07/2010)
133 Minute Entry for STATUS CONFERENCE held before Judge William Keith Watkins on 5/10/2010 (PDF available for court use only). (Court Reporter Mitchell Reisner.) (ajr, ) (Entered: 05/10/2010)
134 ORDER that on or before June 10, 2010, the parties file a joint status report as to mediation and settlement posture of the case; that the parties are relieved from all outstanding pretrial and trial deadlines until further order of the court. Signed by Honorable William Keith Watkins on 5/10/2010. (cc, ) Deadline terminated: 06/07/2010 Jury Trial (Entered: 05/10/2010)
135 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of In−Court Pretrial Conference Proceedings (PDF ACCESS RESTRICTED FOR 90 DAYS) held on May 10, 2010, before Judge Watkins. Court Reporter/Transcriber Reisner, Telephone number 334−235−8218. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 6/2/2010. Redacted Transcript Deadline set for 6/14/2010. Release of Transcript Restriction set for 8/10/2010. (djy, ) (Entered: 05/12/2010)
136 STATUS REPORT (Joint) by Richard Allen, George Edwards, Christopher Gordy, Gary Hetzel, John Hicks, Charles Malec, Bob Riley, James Taylor, Gregory Wynn. (Smith, John) (Entered: 06/09/2010)
137 ORDER directing that the Hon. L. Scott Coogler, US District Judge, Northern District of Alabama, with his consent, is DESIGNATED as the mediator, as further set out in order. Signed by Honorable William Keith Watkins on 6/10/10. (djy, ) (Entered: 06/10/2010)
138 ORDER setting a Telephone Conference for 6/18/2010 @ 01:15 PM before Honorable L. Scott Coogler, as further set out in order. Signed by Honorable L. Scott Coogler on 6/15/10. Furnished to YG &HC.(djy, ) (Entered: 06/15/2010)
139 ORDER setting Settlement Conference for 7/27/2010 09:00 AM in 3rd floor chambers, US Courthouse, 1118 Greensboro Avenue, Tuscaloosa, AL, before Honorable L. Scott Coogler; directing counsel for the parties and the parties or all

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07/14/2010
07/27/2010 09/02/2010
09/10/2010
09/16/2010 01/18/2011 01/20/2011 01/24/2011
01/24/2011 01/24/2011 01/25/2011
01/25/2011 01/28/2011 02/03/2011

persons with the authority to make final decisions and settle the claims herein to attend. Signed by Honorable L. Scott Coogler on 6/22/10. Furnished to YG, HC &AR.(djy, ) (Entered: 06/22/2010)
140 ORDER directing that the court will hold a Settlement Conference on 7/27/2010 09:00 AM in 3rd floor chambers, US Courthouse, 1118 Greensboro Avenue, Tuscaloosa, AL before Honorable L. Scott Coogler, as further set out in order. Signed by Honorable L. Scott Coogler on 7/14/10. Furnished to YG, HC &AR.(djy, ) (Entered: 07/14/2010)
Minute Entry for proceedings held before Judge Honorable L. Scott Coogler: Off−the−Record Settlement Conference held on 7/27/2010 (No PDF attached). (ajr, ) (Entered: 07/28/2010)
141 ORDER setting telephonic Status Conference for 9/8/2010 10:00 AM before Honorable William Keith Watkins; directing lead counsel for plfs and defs to participate; directing counsel for plfs to set upt the call. Signed by Honorable William Keith Watkins on 9/2/10. Furnished to YG, HC &AR.(djy, ) (Entered: 09/02/2010)
142 ORDER directing that, for the reasons stated during the telephonic status conference held on September 8, 2010, it is ORDERED that all pending motions (Docs. # 92 , 93 , 105 , 113 , 114 , 124 and 125 ) are DENIED without prejudice, with leave to renew by adoption, if and when appropriate. Signed by Honorable William Keith Watkins on 9/10/10. (scn, ) (Entered: 09/10/2010)
143 ORDER denying 82 Motion for Class certification without prejudice, as further set out in order. Signed by Honorable William Keith Watkins on 9/16/2010. (Attachments: # 1 civil appeals checklist) (djy, ) (Entered: 09/16/2010)
144 MOTION Reinstate Case to the Trial Docket by Charles Malec, James Taylor, Gregory Wynn. (Velez, Melanie) (Entered: 01/18/2011)
145 RESPONSE to Motion re 144 MOTION Reinstate Case to the Trial Docket filed by Richard Allen, George Edwards, Christopher Gordy, Gary Hetzel, Bob Riley. (Smith, John) (Entered: 01/20/2011)
146 ORDER setting Status Conference for 2/3/2011 @ 02:30 PM in chambers before Honorable William Keith Watkins; further ORDERING that on or before 1/28/2011 the parties file a Status Report setting forth whether the issues or claims were narrowed as a result of mediation and which issues and claims remain. Signed by Honorable William Keith Watkins on 1/24/11. Furnished to calendar group &AR.(djy, ) (Entered: 01/24/2011)
147 MOTION to Withdraw as Attorney by Richard Allen, George Edwards, Christopher Gordy, Gary Hetzel, Bob Riley. (Thomas, Kim) (Entered: 01/24/2011)
***Attorney Bart Gregory Harmon,Anne C Adams,David R. Boyd,John Garland Smith,Louis Michael Calligas for Kim Tobias Thomas added pursuant to 147 motion (NO PDF Document attached to this notice). (djy, ) (Entered: 01/25/2011)
148 ORDER directing as follows: (1) granting 147 MOTION to Withdraw as Attorney by Kim Thomas; and (2) pursuant to FRCP 25(d) Commissioner Kim Tobias Thomas is substituted for the former commissioner as a defendant in this case. Signed by Honorable William Keith Watkins on 1/25/11. (djy, ) (Entered: 01/25/2011)
*** Attorney Louis Michael Calligas; Bart Gregory Harmon; John Garland Smith; Kim Tobias Thomas; Anne C Adams and David R. Boyd terminated pursuant to 148 order (NO PDF document attached to this notice). (djy, ) (Entered: 01/25/2011)
149 STATUS REPORT JOINTLY FILED BY THE PARTIES by Charles Malec, James Taylor, Gregory Wynn. (Geraghty, Sarah) (Entered: 01/28/2011)
150 Minute Entry for proceedings before Judge William Keith Watkins: Status Conference held on 2/3/2011 (PDF available for court use only). (Court Reporter Risa Entrekin.) (ajr, ) (Entered: 02/04/2011)

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04/19/2011 04/20/2011
04/22/2011 03/28/2012 03/30/2012

151 Joint MOTION to Stay by Christopher Gordy, Gary Hetzel, Bob Riley, Kim Tobias Thomas. (Smith, John) (Entered: 04/19/2011)
152 ORDER granting 151 Joint MOTION to Stay and this action is STAYED on the terms agreed upon by the parties; further ORDERING that if plfs have not moved to left the stay prior to 3/28/2012 then defs are DIRECTED to file a notice of that fact by 5:00 pm on 3/28/2012, as further set out in order. Signed by Honorable William Keith Watkins on 4/20/11. (djy, ) (Entered: 04/20/2011)
153 ORDER denying as moot 144 Motion to reinstate case to the trial docket. Signed by Honorable William Keith Watkins on 4/22/11. (djy, ) (Entered: 04/22/2011)
154 NOTICE by Richard Allen, George Edwards, Christopher Gordy, Gary Hetzel, Bob Riley, Kim Tobias Thomas re 152 Order Staying Case, Terminate Motions, Set Deadlines,,, Notice of Dismissal (Smith, John) (Entered: 03/28/2012)
155 ORDER, pursuant to the terms of the 151 agreement between the parties, this action is DISMISSED without prejudice; directing the clerk to close this case. Signed by Chief Judge William Keith Watkins on 3/30/12. (Attachments: # 1 civil appeals checklist)(djy, ) (Entered: 03/30/2012)

 
 SETTLEMENT AGREEMENT
Plaintiffs, by and through counsel, and Defendants, by and through counsel, enter into this Settlement Agreement (”Agreement”) providing for resolution of the claims asserted by Plaintiffs in the civil action styled Hicks, et al., v. Hetzel, et al., Civil Action No. 2:09-cv-155WKW, in the United States District Court for the Middle District of Alabama (the “Lawsuit”), pursuant to the terms and conditions set forth below.
I. INTRODUCTION
1. WHEREAS, the Lawsuit, a putative class action for injunctive relief, was filed based on allegations including failure to protect, excessive force, and unconstitutional conditions at Donaldson Correctional Facility;
2. WHEREAS, Defendants deny liability in this matter, but the parties, through this Agreement, seek to continue to improve safety for inmates and staff and conditions at Donaldson Correctional Facility as provided herein;
3. WHEREAS, Plaintiffs and Defendants acknowledge that this Agreement does not constitute: (a) an admission by any Defendant of any violation of law; or (b) an admission by any Defendant that any policy, practice, or procedure addressed in this agreement violated or failed to comply with any applicable Constitutional provision, law, rule, or regulation; or (c) a consent decree enforceable in any United States Federal Court.
4. WHEREAS, the parties agree that neither this Agreement, nor anything contained in this Agreement, confers “prevailing party” status on any Plaintiff for any purpose whatsoever, and that Plaintiffs have not achieved that status as a result of this litigation or the entry into this Agreement by the parties. Likewise, Plaintiffs shall not be determined to be “prevailing parties” as a result of this Agreement or any performance or failure of performance hereunder.
5. WHEREAS, the parties agree that a resolution of the claims in the Lawsuit would benefit all parties by avoiding the time and expense of ongoing litigation;
6. WHEREAS, the parties have entered into this Agreement in reliance on the mutual representations contained herein;
7. THEREFORE, in consideration of the mutual promises of the parties set forth below, the undersigned parties agree to the final resolution of all claims related to the Lawsuit. It is hereby stipulated and agreed by and between the undersigned as follows:
II. EFFECTIVE DATE
8. The Effective Date of this Agreement shall be the date on which the Agreement is last executed by the parties, by and through counsel.

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III. PARTIES
9. Plaintiffs are Charles Malec, James Taylor, and Gregory Wynn. Plaintiffs filed the Lawsuit on behalf of all inmates who are now, or will in the future, be incarcerated at Donaldson Correctional Facility.
10. Defendants are Kim Thomas, Commissioner of the Alabama Department of Corrections, Robert Bentley, Governor of the State of Alabama, and individuals assigned to Donaldson Correctional Facility – Gary Hetzel, Correctional Warden III at Donaldson Correctional Facility; Christopher Gordy, Correctional Warden II at Donaldson Correctional Facility; and Lloyd Hicks, Correctional Warden I at Donaldson Correctional Facility (“Donaldson Defendants”). All of the Defendants are sued in their official capacities only and enter into this Agreement in their official capacities only.
IV. DEFINITIONS
11. “ADOC” or “Alabama Department of Corrections” means the Alabama Department of Corrections and its employees and designated agents.
12. “Donaldson” means W. E. Donaldson Correctional Facility in Bessemer, Alabama.
13. “Inmates” means all persons who are now, or in the future will be, incarcerated at Donaldson.
14. “Officers” means Correctional Officers employed by the ADOC at Donaldson.
15. “I&I Division” means the Investigations and Intelligence Division of the Alabama Department of Corrections.
16. “Open Dormitories” means the dormitories that, as of the Effective Date of this Agreement, are designated as dormitories K, L, M, N, and O.
17. “Security Staff” means all APOST certified correctional security personnel and all employees of the ADOC, irrespective of job title, whose regular duties include the supervision of Inmates at Donaldson. This term also includes any CERT team member who performs duties at Donaldson.
V. REMEDIAL PROVISIONS
A. POPULATION
18. The Defendants shall not reinstitute the practice of housing three men to a cell in any of Donaldson’s cell blocks.

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B. STAFFING
19. Defendants are committed to adequate, responsible staffing at Donaldson. As of October 7, 2010, there are two-hundred-fifty-eight (258) allocated correctional officer positions at Donaldson, an increase of allocated positions since the commencement of this litigation. Defendants shall maintain the level of 258 allocated correctional officer positions for the duration of the agreement. As of October 7, 2010, 209 of these allocated positions are filled, leaving 47 positions to be filled. Defendants will use their best efforts to hire correctional officers to fill these positions. Best efforts shall include maintaining pay and housing incentives for officers employed at Donaldson.
20. Open Dormitories (K, L, M, N, and O). Donaldson Defendants agree to staff Donaldson so that there is at least one (1) Officer physically present inside each of the Open Dormitories at all times, absent emergency or exceptional circumstances. The term “emergency or exceptional circumstances” shall be narrowly construed. ADOC shall maintain records showing every shift on which there have not been enough officers to maintain this staffing level, and shall indicate on such records the actual number of Officers on duty for each such shift, and where each such Officer was assigned. Production of such records shall be subject to the Protective Order (Doc. 59) entered in this action.
21. Cell Blocks (A, B, C, D, X, and Y). Donaldson Defendants agree to staff Donaldson so that there is at least one (1) Officer physically present inside each of the following cell blocks at Donaldson at all times, absent emergency or exceptional circumstances: A, B, C, D, X, and Y. The term “emergency or exceptional circumstances” shall be narrowly construed. ADOC shall maintain records showing every shift on which there have not been enough officers to maintain this staffing level, and shall indicate on such records the actual number of Officers on duty for each such shift, and where each such Officer was assigned. Production of such records shall be subject to the Protective Order (Doc. 59) entered in this action.
22. East Hallway. Absent emergency or exceptional circumstances, the Defendants shall ensure that there is at least one (1) Officer physically present in the east hallway at all times when inmates are present.
23. Duration of Staffing Commitment. The Defendants shall maintain the commitments set forth in ¶ 18-22 for the duration of this Agreement.
C. SECURITY AND RELATED MEASURES
24. Request to National Institute of Corrections (NIC) for technical assistance. Defendants have submitted a request to the NIC for technical assistance with reducing the presence of illegal drugs, weapons, and other contraband at Donaldson. Defendants shall produce to Plaintiffs’ counsel a copy of this letter upon request. If the NIC agrees to provide such technical assistance, Defendants shall use their best efforts to implement the NIC’s recommendations, and shall provide, subject to the Protective Order entered in this case (Doc. 59), Plaintiffs’ counsel with both NIC’s recommendations and Defendants’ response to those recommendations. If the NIC agrees to provide such technical assistance, Defendants shall also

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confer with NIC regarding the cost and effectiveness of installing and operating video security cameras at the prison.
25. Lines of sight in Open Dormitories. Beds in the Open Dormitories shall be configured so that there are clear lines of sight and unobstructed passageways between beds for roving officers, as presently exist in O Dorm.
26. Search of Officers. Absent emergency or other extraordinary circumstances, and in compliance with existing laws, Officers entering Donaldson shall undergo a search for contraband before entering the Donaldson facility. All such Officers shall walk through a metal detector and property in the possession of Officers brought into the Donaldson facility shall be searched.1
27. Security Cameras: Defendants shall make their best efforts to investigate the feasibility (including costs and effectiveness) of installing and operating video security cameras permitting correctional security supervisors to view the dayrooms in the following cell blocks: A, B, C, D, X and Y.
28. Medical records. If an inmate’s injury requires off-site medical treatment, the Donaldson Defendants will request and make reasonable efforts to obtain a discharge summary from the off-site facility. Upon receipt of the discharge summary, it shall be made a part of any I&I investigative report.
29. Sexual assault investigations. Whenever a report of sexual assault, or attempted sexual assault, on an Inmate is investigated, one or more of the Donaldson Defendants will inform the complainant Inmate of the results of the investigation within a reasonable time after the results of the investigation become known to the Donaldson Defendants. Each inmate who reports a sexual assault shall be offered counseling services with a mental health professional.
30. Cell checks by roving security staff in cell blocks. Security Staff shall patrol all cell blocks on an irregular basis during each shift. The patrols shall include direct visual inspection of each cell.
31. Inmate movement. Defendants shall maintain their policy requiring inmates to wear wrist bands designating the housing unit to which they are assigned. Defendants shall further conduct weekly, unannounced inspections of the dormitories to search for inmates who are assigned to the cell blocks and of the cell blocks to search for inmates who are assigned to the dormitories. Security Staff shall document in an Incident Report any occasion on which an inmate was found in any living area he was not authorized to be in.
32. Contraband searches. Defendants shall schedule and conduct weekly unannounced searches of cells in each segregation unit. Within fourteen (14) days of the execution of this Agreement, Defendants shall advise Security Staff in writing that if any Officer falsifies a “shakedown form” or represents that he/she has searched a cell or an Inmate’s person
1 This provision shall not limit the search of others who may wish to enter Donaldson.

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or property when he/she has not, in fact, done so, said Officer will be subject to appropriate disciplinary action in accordance with ADOC Administrative Regulation 208. Defendants shall provide Plaintiffs’ counsel with a copy of the written notice. For the duration of the Agreement, Defendants shall provide the same written notice to new correctional officers within a reasonable time after their employment at Donaldson begins. Appropriate disciplinary action shall be taken against an Officer who is found to have falsified a “shakedown form.”
33. Programming. The Defendants shall use their best efforts to provide or make available vocational, educational, therapeutic, or other appropriate programming to the inmates assigned to open dormitories and population cellblocks at Donaldson, including otherwise qualified inmates serving sentences of life without parole, as allowed by law.
D. PHYSICAL PLANT PROVISIONS
34. Defendants will, consistent with the obligations set forth in the contractual agreement between ADOC and Noresco, LLC, dated July 19, 2010, implement the repairs, improvements, renovations and upgrades described therein for Donaldson. These repairs, improvements, renovations, and upgrades include, but are not limited to, the following: energy management system upgrade, lighting, air cooled condensing units, HVAC motor replacement, ice machine counterflow heat exchangers, and new water fixtures and controls. The work that will be contractually scheduled at Donaldson includes the following:
a. Energy Management System Upgrade: Non-networked controls will be installed in the East and West Gym; the Laundry; dormitories K,L,M,N,O; and the trade school, for the purpose of regulating thermostats/heating/ventilation for more effective comfort controls and energy savings.
b. Lighting: Existing light fixtures will be retrofitted or replaced with energy saving fixtures and bulbs in all dorms, each cell, and all common areas at Donaldson.
c. Ice Machine Counterflow Heat Exchangers: Heat exchangers will be installed on all existing ice machines at Donaldson in order to enhance the performance of the ice machines and conserve energy.
d. Ozone Laundry System: An ozone injection laundry system will be installed at Donaldson, minimizing energy, water, and chemical usage and providing a sterile washing environment.
e. Water Fixtures/Controls: Existing concealed diaphragm flush valves will be replaced with high efficiency ICON control valves, shower valves and urinal valves. The Department will replace approximately 681 toilets, approximately 15 urinals, approximately 100 shower heads, and approximately 104 faucets at Donaldson.
In addition, Defendants will, consistent with the obligations set forth in the contractual Amendment to the Contract between ADOC and Noresco, LLC, implement the repairs, improvements, renovations and upgrades described as “Phase II” for Donaldson which will include: the replacement of all housing unit windows (excluding Southside dormitories), the replacement of the roof on the main building (East and West hallway, Health Care Unit,

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Education, Gymnasiums, Kitchen and Dining)(excluding Southside) and the replacement of the domestic hot water system for the entire facility at Donaldson.
Plaintiffs acknowledge, however, that they are neither intended nor incidental beneficiaries of the contract between ADOC and Noresco, LLC and Plaintiffs, for themselves, do not and will not contend that any inmate at Donaldson is or was an intended beneficiary of the contract between ADOC and Noresco.
E. USE OF FORCE
35. Timing. Within ten (10) days after the Effective Date, the Defendants shall provide Security Staff with written notice of the provisions in this section (¶ 35-41).
36. Batons. Security Staff shall not use intentional overhead strikes with a baton to vital areas of an inmate’s body unless reasonably necessary to defend oneself or others from an imminent threat of death or serious injury. Reasonable efforts should be made to avoid baton strikes to the head.
37. Inmate statement forms. As soon as reasonably possible after an application of force, the inmate(s) subject to force shall be provided with a Statement Form upon which he may make a written statement pertaining to the force used. These Statement Forms, the format of which was provided by Plaintiffs’ counsel, shall be made a part of the Incident Report and any investigative report.
38. Photographing of inmate injuries. After a use of force or an allegation of a use of force on an Inmate, a designated person (the “Designated Person”) shall ensure that color digital photographs are taken of each Inmate involved in the incident, as soon as reasonably possible following the incident, according to the procedure set forth below:
a. The photographs shall capture the Inmate from the waist up, showing left, right, front and back views. The Inmate’s face shall be included in left, right and front photographs.
b. If the photographs do not capture the visible injuries on the Inmate’s body, the Designated Person shall ensure that additional photographs are taken to show all visible injuries.
c. Unless inconsistent with the need for medical treatment or the circumstances existing at the time, photographs shall be taken as soon as reasonably possible after the incident or alleged incident, and, if medically acceptable, shall be taken before bandages are applied to an Inmate’s injury.
d. The person taking the photograph shall make reasonable efforts to take clear photographs in a well-lit area.
e. No employee who was involved in the use of force incident shall take the photographs.
f. The photographs shall be attached to the Incident Report.

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g. If an Inmate is in need of immediate medical attention following an application of force, photographs shall be taken pursuant to this section as soon as reasonably practicable after the Inmate has been treated.
h. Photographs shall not be required pursuant to this section whenever, in the judgment of the Designated Person, the taking of photographs would endanger the safety of Security Staff or Inmates, or the security of Donaldson. In cases where photographs are not taken, the Designated Person shall note the reason in the Incident Report.
39. Criteria for use of force investigation. In reviewing use of force Incident Reports and/or in otherwise investigating allegations of use of excessive or unnecessary force, and consistent with ADOC and Donaldson regulations, the Warden and/or other supervisory personnel shall consider the criteria listed below:
a. whether the level or amount of force actually used appeared to be inconsistent or disproportionate to the level of resistance or threat presented by the Inmate;
b. whether the injuries sustained by the Inmate required care by an outside medical provider as determined by a licensed medical professional;
c. whether the Inmate sustained injuries not explained by Officer reports; d. whether hard impact strikes were delivered to an Inmate’s head, neck,
groin, kidney area, or spine; e. whether Officer reports appear to be incomplete, inconsistent, or
conflicting regarding the force applied; f. whether Officers used prohibited or unauthorized weaponry; g. whether Officers used prohibited techniques; h. whether Officers used authorized weaponry improperly; i. whether Officers used hard impact strikes to a cuffed subject; and j. whether the Inmate involved in a Use of Force incident received medical
attention.
40. Referral of use of force incidents to I&I Division. If any of the criteria listed in ¶ 39 are met, the Warden shall refer the matter to the I&I Division pursuant to Administrative Regulation 300 § (V)(F)(4). If an Inmate is transported to an off-site medical provider for treatment or diagnosis of injuries sustained or allegedly sustained during a use of force incident, the warden shall refer the incident to the I&I Division for investigation.
41. Criteria for use of force investigation. When a correctional security officer or warden conducts an investigation into a use of force incident or an alleged incident of excessive/unnecessary force, his or her findings shall be documented in writing.
VI. PROVISION OF INFORMATION TO PLAINTIFFS’ COUNSEL
42. Defendants shall provide Plaintiffs’ counsel with the following documents on the first day of each month for the duration of the Agreement: (a) All Incident Reports documenting use of force, alleged use of force, assaults with or without a weapon, fighting with or without a weapon, sexual assaults or alleged sexual assaults; (b) All I&I investigative reports pertaining to

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the matters described in ¶ 42(a) above for Donaldson that have been closed within the preceding month; (c) all logs required to be maintained under this Agreement; (d) a list of recovered contraband or Incident Reports documenting recovered contraband; (e) unredacted staffing rosters for the 1st and 15th day of the preceding month showing the number of officers who actually reported for duty and where they were assigned. Production of such records shall be subject to the Protective Order (Doc. 59) entered in this action.
43. The parties agree that should Defendants fail to comply with the preceding paragraph, Plaintiffs may ask the Court to remove this case from its administrative docket and restore this case to the Court’s active docket for resolution of any dispute arising under ¶ 42. Such a motion will not relieve the parties of their obligations to produce the documents described in ¶ 42. Prior to approaching a court for such relief, Plaintiffs’ counsel will make a good faith effort to confer with Defendants to resolve the issue.
VII. ATTORNEYS’ FEES AND COSTS
44. ADOC shall pay Plaintiffs’ counsel $66,860.10 within 30 days of their execution of this Agreement as reimbursement for any and all claims for costs and fees as of the date of this Agreement associated with Plaintiffs’ prosecution of the Lawsuit. By their signatures to this Agreement, Plaintiffs’ counsel waive any further or additional claim for litigation costs, attorney fees, reimbursement or the like associated with the prosecution of the Lawsuit as of the date of this Agreement and release Defendants, ADOC and any other person or entity from any claim of attorney fees, litigation costs, reimbursement or the like Plaintiffs or their counsel may have, or claim to have, in connection with the prosecution of the Lawsuit as of the date of this Agreement by Plaintiffs or their counsel.
By their signatures to this Agreement, Defendants waive any claim for litigation costs, attorney fees, reimbursement or the like associated with the defense of the Lawsuit as of the date of this Agreement and release Plaintiffs and Plaintiffs’ counsel from any claim of attorney fees, litigation costs, reimbursement or the like Defendants or their counsel may have, or claim to have, in connection with the defense of the Lawsuit as of the date of this Agreement by Defendants or their counsel.
VIII. MISCELLANEOUS PROVISIONS
45. Best efforts. All parties agree to exercise their best efforts and take all reasonable steps necessary to effectuate this Agreement. The parties commit to open and timely communication about issues that arise with regard to implementation of this Agreement.
46. Dissemination of this Agreement to Security Staff: Defendants shall educate and inform their employees, assigns, and successors regarding the contents of this Agreement. Defendants shall post a summary of the material points of this Agreement.
47. Availability of this Agreement to prisoners: Defendants shall maintain copies of this Agreement in Donaldson’s law library and/or make the same available on Donaldson’s law library computers for the duration of this Agreement.

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48. No waiver of privilege. Nothing in this Agreement, or undertaken pursuant to this Agreement, constitutes or is intended to constitute a waiver of any applicable privilege.
49. Entire Agreement. This Agreement represents the entire agreement by and among the parties as to the claims in this case and no agreement entered into at any time, nor any written agreement entered into prior to the execution of this Agreement, shall be deemed to exist or bind the parties, or to vary the terms and conditions contained herein, or to determine the meaning of any provisions therein.
50. Mutual exclusivity of provisions. If any provision of this Agreement is declared invalid, illegal, or unenforceable in any respect, the remaining provisions shall remain in full force and effect, unaffected and unimpaired.
51. Persons bound. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns.
52. Applicable Law. This Agreement shall be governed by the laws of the State of Alabama as to interpretation, construction, and performance.
IX. STIPULATION OF DISMISSAL AND EXECUTION OF THE AGREEMENT
53. Upon execution of the Agreement, the parties will jointly move the Court to stay the Lawsuit and place the Lawsuit on the Court’s administrative docket until March 28, 2012.
54. The parties shall perform their respective obligations and duties under this Agreement beginning on the Effective Date. The parties agree to make a good faith effort to confer regarding any dispute that arises under the Agreement and mediate any dispute that arises under this Agreement. Counsel will make good faith efforts to mediate any dispute in a timely manner.
55. At any time prior to March 28, 2012, Plaintiffs may file a motion requesting that this case be restored to the Court’s active docket for such proceedings as the Court deems necessary and appropriate.
56. If the Plaintiffs do not file the motion described in the preceding paragraph within the prescribed time, or if the motion is filed but the Court finds after an evidentiary hearing that there is no current and ongoing violation of Plaintiffs’ rights or current violations of the Agreement, the case will be dismissed without prejudice.
57. The Court will retain jurisdiction of the case until it is finally dismissed pursuant to the terms of this Agreement.
58. The parties hereto, by and through counsel, with full and complete authority, have caused this Agreement to be properly executed as of the date last executed below.

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