Case: Duke v. Dunn

4:14-cv-01952 | U.S. District Court for the Northern District of Alabama

Filed Date: Oct. 13, 2014

Case Ongoing

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Case Summary

On August 28, 2015, eleven men imprisoned in the Alabama Department of Corrections' St. Clair Correctional Facility brought this lawsuit in the U.S. District Court for the Northern District of Alabama. Represented by The Equal Justice Initiative of Alabama, a non-profit public interest group, they argued that the Alabama Department of Corrections' practices and policies resulted in a prison environment that amounted to cruel and unusual punishment, in violation of the Eighth and Fourteenth Amendments. They cited 42 U.S.C. §1983 and 28 U.S.C. § 2201 as their causes of action, and they sought class action certification to represent all of the prisoners at St. Clair Correctional Facility. The plaintiffs asked the court both for a declaration that the prison’s policies are unconstitutional, and an injunction requiring the prison to change its policies and practices.

In arguing that the Alabama Department of Corrections' actions at St. Clair’s constituted cruel and unusual punishment, plaintiffs argued that the Alabama Department of Corrections had allowed a pervasive culture of violence to develop in the prison. Partly, this allegedly stemmed from chronic overcrowding, under-staffing, and design flaws at the prison. Plaintiffs claimed that there were many blind spots in the prison where prison officials are unable to monitor prisoners’ activities, allowing prisoners to carry out assaults with impunity. They also claimed that prison employees failed to perform proper maintenance on the locks of individual cells, allowing prisoners to leave their own cells and enter other cells to commit assaults.

Additionally, plaintiffs argued that prison officials did not provide inmates with adequate therapeutic, educational, rehabilitative, and vocational services, and that this failure had further contributed to the violence. This was especially true with regard to the prison’s treatment of prisoners with drug addictions and mental illness. Plaintiffs argued that prison officials put those prisoners into punitive segregation rather than providing treatment. This served to exacerbate their conditions, resulting in even more violence when they were placed back into the general prison population.

Plaintiffs claimed that the prison consistently failed to properly respond to sexual assaults. They alleged that prisoners known to be at risk of committing sexual assaults, and prisoners known to be at risk of being sexually assaulted, were often housed together. Plaintiffs also claimed that prison officials often failed to provide counseling to victims, failed to properly investigate crimes, and either failed to protect victims from retaliation or placed those victims in isolation.

Plaintiffs further claimed that prison employees directly contributed to prison violence. They cited a number of incidents in which prison officials had used violence against inmates, often resulting in serious injuries requiring medical care. They also alleged that prison employees, in addition to failing to prevent inmates from smuggling in drugs, often sell drugs and other contraband themselves, exacerbating drug addiction problems and resulting in further violence.

On February 17, 2015, the judge assigned to the case, District Judge Virginia Emerson Hopkins, denied most of defendants’ motion to dismiss plaintiffs’ claims; though she did grant their request to terminate one of the named plaintiffs because that plaintiff had been transferred to a different correctional facility. Defendants sought review in the U.S. Court of Appeals for the Eleventh Circuit, by filing for a (discretionary) writ of mandamus, but on June 16, 2015, the Eleventh Circuit denied that petition without explanation.

For the next several months, the parties engaged in discovery. On October 20, 2016, the plaintiffs filed a motion for summary judgement, but on October 23, 2016, Judge Virginia Emerson Hopkins issued an order referring the case to mediation and therefore staying the matter for 180 days so the mediation could be conducted. The stay to allow for mediation was extended twice until August 30, 2017.

On December 1, 2017, the parties filed a joint motion for settlement and administrative closure of the case. The parties notified the court that they had reached a private settlement agreement, the terms of which were not disclosed, and requested that the administrative closure remained in effect for the term of agreement (2 years, until November 1, 2019) at which point the case would be dismissed unless, during this period, a motion for reinstatement was made and granted according to the procedures set forth in the settlement agreement.

On December 5, 2017, Judge Virginia Emerson Hopkins issued an order administratively closing the case as requested by the parties.

In 2018, plaintiffs initiated the settlement agreement's dispute resolution process and engaged in extensive mediation with the state. Plaintiffs alleged that the State had failed to comply with the promises included in the settlement agreement.

In June 2019, Alabama entered into a mediation process with the Department of Justice on issues that overlap with the issues raised in this case. The parties submitted a joint request to stay and retain jurisdiction on October 29, 2019. Plaintiffs agreed to stay reinstatement of the case pursuant to an agreement that provided a nine-month period for the parties to reach a mutually acceptable resolution of the issues giving rise to the lawsuit. The agreement also provided for the case to be reinstated pursuant to 18 U.S.C. § 3626(c)(2). In accordance with the request of the parties, Magistrate Judge John E. Ott entered the order and stayed the case until August 1, 2020.

The case was referred to Magistrate Judge John H. England, III in June 2020.

On July 31, 2020, the court granted the parties’ joint motion to extend the stay until January 2021. On January 29, 2021, however, plaintiffs claimed that the conditions alleged in the complaint had not been addressed, and they moved to reinstate the case pursuant to the 2019 agreement. The matter was reassigned to Judge R. David Proctor.

The parties engaged in discovery through the spring and summer of 2021, and the court held a scheduling conference on October 7 and 13. Given the discovery challenges presented, the parties agreed to the appointment of a Special Master to assist the court with discovery matters.

Plaintiffs filed a Third Amended and Supplemental Complaint on November 5, 2021. In response, the defendants filed a partial motion to dismiss, which the court granted in part on January 14, 2022. 2022 WL 138511. In the opinion, the court terminated from the action any plaintiffs who were not residing at St. Clair when the third complaint was filed, and dismissed all defendants except Commissioner Dunn for lack of authority to implement the proposed relief. The court rejected the defendants’ argument that relief sought in this class action regarding correctional and mental health staffing was precluded by another injunctive case, Braggs v. Dunn.

On February 7, 2022, plaintiffs filed a Fourth Amended and Supplemental Complaint under seal, adding factual allegations regarding each defendant’s authority to implement the proposed relief. Defendants moved to dismiss this complaint, but were denied on June 17, 2022. This time the court found that plaintiffs had sufficiently pled that the defendants in their official capacities had a sufficient connection to the alleged constitutional violations and also had the authority to implement portions of the proposed injunctive relief.

The parties continued to engage in discovery. On August 21, 2023, the court continued the discovery deadlines and indicated that the parties, the court, and the Special Master would develop a plan to coordinate discovery with the DOJ case against the Alabama Department of Corrections, United States v. Alabama.

Discovery continued into 2024. On January 24, the Special Master submitted a Report and Recommendation proposing a trial evidentiary fact cutoff deadline of April 26, 2024, which coincides with the expert discovery deadline.

The case is ongoing.

Note: After years of investigation into alleged constitutional violations within Alabama prisons, the Department of Justice filed a lawsuit against the State of Alabama in 2020. United States v. Alabama, No. 2:20-CV-01971-RDP (N.D. Ala.) The parties continue to engage in discovery in that case.


4:14-cv-01952	Docket [PACER]	Nov. 12, 2019	Nov. 12, 2019 Docket
1 4:14-cv-01952	Complaint	Oct. 13, 2014	Oct. 13, 2014 Complaint
20 4:14-cv-01952	Memorandum Opinion and Order	Feb. 17, 2015	Feb. 17, 2015 Order/Opinion
53 4:14-cv-01952	Second Amended Complaint	Aug. 28, 2015	Aug. 28, 2015 Complaint
180 4:14-cv-01952	Notice of Settlement and Request for Administrative Closure	Dec. 1, 2017	Dec. 1, 2017 Pleading / Motion / Brief
185 4:14-cv-01952	Stay Order	Oct. 30, 2019	Oct. 30, 2019 Order/Opinion
198 4:14-cv-01952	Motion to Reinstate Case	Jan. 29, 2021	Jan. 29, 2021 Pleading / Motion / Brief
261 4:14-cv-01952	Memorandum Opinion	Jan. 14, 2022	Jan. 14, 2022 Order/Opinion 2022 WL 138511
283 4:14-cv-01952	Memorandum Opinion & Order	June 17, 2022	June 17, 2022 Order/Opinion
537 4:14-cv-01952	Order Duke et al. v. Dunn et al.	March 14, 2025	March 14, 2025 Order/Opinion

ECF Number	Date	Description	Link
1	Oct. 13, 2014	COMPLAINT against Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas, filed by Allan Williams, Michael Mays, Mark Duke, Antonio Cheatham, Derrick White, Robert Woods, Dale Gilley, Franky Johnson, James Edwards.(AVC) (Entered: 10/14/2014)	Clearinghouse
2	Oct. 14, 2014	NOTICE regarding consent of a civil action to a magistrate judge. (AVC) (Entered: 10/14/2014)	RECAP
3	Oct. 14, 2014	UNIFORM INITIAL ORDER - with appendices attached. Signed by Judge Virginia Emerson Hopkins on 10/14/14. (KWC) (Entered: 10/14/2014)	RECAP
4	Oct. 14, 2014	ORDER REGARDING RULE 7.1. Signed by Judge Virginia Emerson Hopkins on 04/28/09. (KWC) (Entered: 10/14/2014)	RECAP
	Oct. 14, 2014	Filing Fee Received
	Oct. 14, 2014	Filing Fee received in the amount of $400.00, receipt number B4601056674. (JLC)
5	Oct. 15, 2014	Request for service by certified mail filed by Antonio Cheatham. (JLC) (Entered: 10/15/2014)	RECAP
6	Oct. 15, 2014	Summons Issued as to Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders and Kim Thomas via certified U.S. Mail on this the 15th day of October, 2014. (JLC) (Entered: 10/15/2014)	RECAP
7	Oct. 20, 2014	SUMMONS Returned Executed on Karen Carter, served on 10/16/2014, answer due 11/6/2014; Carter Davenport served on 10/16/2014, answer due 11/6/2014; Eric Evans served on 10/16/2014, answer due 11/6/2014; Gary Malone served on 10/16/2014, answer due 11/6/2014; Carl Sanders served on 10/16/2014, answer due 11/6/2014. (JLC) (Entered: 10/20/2014)	RECAP
8	Oct. 23, 2014	SUMMONS Returned Executed on James Deloach, served on 10/20/2014, answer due 11/10/2014; Greg Lovelace served on 10/20/2014, answer due 11/10/2014; Terrance McDonnell served on 10/20/2014, answer due 11/10/2014; Kim Thomas served on 10/20/2014, answer due 11/10/2014. (JLC) (Entered: 10/23/2014)	RECAP
9	Nov. 4, 2014	NOTICE of Appearance by Albert S Butler on behalf of All Defendants (Butler, Albert) (Entered: 11/04/2014)	RECAP
10	Nov. 6, 2014	Consent MOTION for Extension of Time by Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas. (Childs, Larry) (Entered: 11/06/2014)	RECAP
11	Nov. 7, 2014	TEXT ORDER GRANTING 10 Consent MOTION for Extension of Time to file answer/response filed by Greg Lovelace, Grant Culliver, Terrance McDonnell, James Deloach, Carl Sanders, Karen Carter, Kim Thomas, Gary Malone, Eric Evans, Carter Davenport. Answer/response due by 12/9/2014. Signed by Judge Virginia Emerson Hopkins on 11/7/14. (KWC) (Entered: 11/07/2014)	RECAP
12	Nov. 12, 2014	Alias Summons Reissued as to Grant Culliver via certified U.S.Mail on this the 12th day of November, 2014. (JLC) (Entered: 11/12/2014)	RECAP
13	Dec. 9, 2014	MOTION to Dismiss by Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas. (Fant, Michael) (Entered: 12/09/2014)	RECAP
14	Dec. 9, 2014	Brief re 13 MOTION to Dismiss filed by Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas. (Attachments: # 1 Exhibit)(Fant, Michael) (Entered: 12/09/2014) 1 Exhibit View on PACER	RECAP
15	Dec. 9, 2014	ANSWER to 1 Complaint, by Kim Thomas.(Fant, Michael) (Entered: 12/09/2014)	RECAP
16	Dec. 15, 2014	Consent MOTION for Extension of Time by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Swiergula, Jennae) (Entered: 12/15/2014)	RECAP
17	Dec. 17, 2014	TEXT ORDER granting 16 consent Motion for Extension of Time. The Rule 26 meeting shall occur 20 days after the court rules on the pending motion to dismiss 13 . Signed by Judge Virginia Emerson Hopkins on 12/17/14. (KWC) (Entered: 12/17/2014)	RECAP
	Dec. 17, 2014	Add and Terminate Judges
	Dec. 17, 2014	Magistrate Judge Harwell G Davis, III added. (JLC)
18	Dec. 23, 2014	RESPONSE to Motion re 13 MOTION to Dismiss filed by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Derrick White, Allan Williams, Robert Woods. (Morrison, Charlotte) (Entered: 12/23/2014)	RECAP
19	Dec. 30, 2014	RESPONSE in Support re 13 MOTION to Dismiss filed by Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas. (Fant, Michael) (Entered: 12/30/2014)	RECAP
20	Feb. 17, 2015	MEMORANDUM OPINION AND ORDER-re: 13 MOTION to Dismiss. It is hereby ORDERED, that dfts' motion is GRANTED to the extent that it seeks dismissal of the claims of Derrick White. All claims of pltf Derrick White are DISMISSED with prejudice. In all other respects, the motion is DENIED. Signed by Judge Virginia Emerson Hopkins on 2/17/2015. (AVC) (Entered: 02/17/2015)	Clearinghouse
21	Feb. 27, 2015	MOTION re 20 Order,, Terminate Motions, Motion to Amend For Certification For Interlocutory Appeal Of The Court's Order Denying Defendants' Motion to Dismiss by Karen Carter, Grant Culliver, Carter Davenport, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders. (Childs, Larry) (Entered: 02/27/2015)	RECAP
22	March 3, 2015	Joint MOTION to Substitute Party by Karen Carter, Grant Culliver, Carter Davenport, James Deloach, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, Kim Thomas. (Fant, Michael) (Entered: 03/03/2015)	RECAP
23	March 3, 2015	ORDER DENYING 21 MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL. Signed by Judge Virginia Emerson Hopkins on 3/3/2015. (JLC) (Entered: 03/03/2015)	RECAP
24	March 3, 2015	TEXT ORDER granting 22 Motion to Substitute Party. Further, the parties shall notify the court when Jefferson S. Dunn takes office as the Commissioner of the ADOC. Signed by Judge Virginia Emerson Hopkins on 3/3/15. (JTR) Modified on 3/3/2015 (JLC). (Entered: 03/03/2015)	RECAP
25	March 19, 2015	MOTION for Extension of Time by Karen Carter, Grant Culliver, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Carl Sanders, William G. Sharp, Jr. (Fant, Michael) (Entered: 03/19/2015)	RECAP
26	March 24, 2015	REPORT of Rule 26(f) Planning Meeting. (Fant, Michael) (Entered: 03/24/2015)	RECAP
27	April 1, 2015	NOTICE by Karen Carter, Grant Culliver, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell, Jefferson S Dunn of Service (Fant, Michael) (Entered: 04/01/2015)	RECAP
28	April 1, 2015	NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell of Taking Office (Fant, Michael) (Entered: 04/01/2015)	RECAP
29	April 1, 2015	NOTICE by Antonio Cheatham, Mark Duke, James Edwards, Dale Gilley, Franky Johnson, Michael Mays, Allan Williams, Robert Woods (Swiergula, Jennae) (Entered: 04/01/2015)	RECAP
30	April 2, 2015	AMENDED ANSWER to Complaint 1 Complaint, by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell. (Fant, Michael) (Entered: 04/02/2015)	RECAP
31	April 10, 2015	TEXT ORDER finding as moot 25 Motion for Extension of Time to file Rule 26 report. Signed by Judge Virginia Emerson Hopkins on 4/10/15. (KWC) (Entered: 04/10/2015)	RECAP
32	April 17, 2015	TEXT NOTICE of Hearing: Scheduling Conference (per request in Rule 26(f) report) set for 4/22/2015 at 02:00 PM, in Hugo L Black US Courthouse, 6th floor chambers, Birmingham, AL before Judge Virginia Emerson Hopkins. (KWC) (Entered: 04/17/2015)	RECAP
33	April 20, 2015	NOTICE by Karen Carter, Grant Culliver, Jefferson S Dunn, Dewayne Estes, Eric Evans, Greg Lovelace, Gary Malone, Terrance McDonnell of Service of Defendants' First Interrogatories, Defendants' First Requests for Procution and Defendants' Responses to Plaintiffs' Request for Prodcution of Documents (Fant, Michael) (Entered: 04/20/2015)	RECAP
34	April 22, 2015	SCHEDULING ORDER: Plaintiff(s) may amend pleadings and/or join additional parties by August 21, 2015. Defendant (s) may amend pleadings and/or join additional parties by September 18, 2015. Discovery due by 1/29/2016. See all other deadlines and instructions as set out herein. Signed by Judge Virginia Emerson Hopkins on 4/22/2015. (JLC) (Entered: 04/22/2015)	RECAP
	April 22, 2015	Minute Entry for proceedings held before Judge Virginia Emerson Hopkins: Scheduling Conference held on 4/22/2015. (KWC)
	April 22, 2015	Scheduling Conference

Case: Duke v. Dunn

4:14-cv-01952 | U.S. District Court for the Northern District of Alabama

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