Hunter et al v. Beshear, No. 2:2016cv00798 - Document 146 (M.D. Ala. 2020)

Court Description: OPINION AND ORDER: it is ORDERED that, to discuss the parties' progress and the apparent barriers to compliance, an in-person status conference is set for 2/5/2020, at 10:00 AM, in Courtroom 2FMJ. Signed by Honorable Judge Myron H. Thompson on 1/23/2020. (Furnished: Calendar & AG) (amf, )

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Hunter et al v. Beshear Doc. 146 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION DEMONTRAY HUNTER, et al., Plaintiffs, v. LYNN T. BESHEAR, in her official capacity as the Commissioner of the Alabama Department of Mental Health, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:16cv798-MHT (WO) OPINION AND ORDER The claim presented in this litigation is that the Alabama Department of Mental Health (ADMH) fails to provide timely mental-health competency evaluations and restoration treatments to pretrial detainees. The claim rests on the Due Process Clause of the Fourteenth Amendment, as enforced through 42 U.S.C. § 1983. Pursuant to the consent decree entered in January 2018, see Hunter v. Beshear, No. CV 2:16CV798-MHT, 2018 WL 564856 (M.D. Ala. Jan. 25, 2018) (Thompson, J.) (approving consent decree), and the parties’ subsequent Dockets.Justia.com joint plan to remediate ADMH’s noncompliance with the consent decree, see Parties’ Plan (doc. no. 137), and as required by the court’s scheduling order, see Order (doc. no. 134), the parties submitted to the court on January 22, 2020, a joint report on the status of compliance with the consent decree, see Joint Report (doc. no. significant 142). This and report substantial appears failures to to reflect meet the standards set out in the consent decree, including the requirements for (among other things) the provision of Inpatient Mental Outpatient Mental Evaluations, Evaluations, the and provision the admission male detainees into relevant facilities. it appears that, on a range of of of Put simply, metrics, ADMH’s provision of required services remains well short of substantial compliance. ADMH’s apparent ongoing failure to comply is of serious concern accordance with to the the court. court’s As a ongoing result, in monitoring obligation, it is ORDERED that, to discuss the parties’ 2 progress and the apparent barriers to compliance, an in-person status conference is set for February 5, 2020, at 10:00 a.m., in the Frank M. Johnson Jr. United States Courthouse Complex, Courtroom 2FMJ, One Church Street, Montgomery, Alabama. DONE, this the 23rd day of January, 2020. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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