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Civil Rights Litigation Clearinghouse
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Case Name Duke v. Dunn PC-AL-0036
Docket / Court Case No. 4:14-cv-01952-VEH-HGD ( N.D. Ala. )
State/Territory Alabama
Case Type(s) Prison Conditions
Case Summary
On August 28, 2015, eleven men imprisoned in the Alabama Department of Correction's 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 ... read more >
On August 28, 2015, eleven men imprisoned in the Alabama Department of Correction's 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 Correction’s practices and policies resulted in a prison environment that amounts 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 Correction’s actions at St. Clair’s amount constitute cruel and unusual punishment, plaintiffs argued that the Alabama Department of Corrections has allowed a pervasive culture of violence to develop in the prison. Partly, this stems from chronic overcrowding, under-staffing, and design flaws at the prison. Plaintiffs claimed that there are 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 fail 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 don’t provide inmates with adequate therapeutic, educational, rehabilitative, and vocational services, and that this failure has further contributed to the violence. This is 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 serves to exacerbate their conditions, resulting in even more violence when they are placed back into the general prison population.

Plaintiffs claimed that the prison consistently fails 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, are often housed together. Plaintiffs also claim that prison officials often fail to provide counseling to victims, fail to properly investigate crimes, and either fail to protect victims from retaliation or place those victims in isolation.

Plaintiffs further claimed that prison employees directly contribute to prison violence. They cited a number of incidents in which prison officials have 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.

The case is still in early stages of litigation. 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. As of June 28, 2016, Judge Hopkins has not yet decided whether to grant the plaintiffs class certification, nor has she decided the case on the merits.

Ryan Berry - 06/28/2016


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Classification / placement
Conditions of confinement
Counseling
Disciplinary procedures
Disciplinary segregation
Education
Failure to discipline
Failure to supervise
Failure to train
Funding
Grievance Procedures
Incident/accident reporting & investigations
Law library access
Pepper/OC spray
Personal injury
Recreation / Exercise
Rehabilitation
Religious programs / policies
Sexual abuse by residents/inmates
Solitary confinement/Supermax (conditions or process)
Staff (number, training, qualifications, wages)
Suicide prevention
Totality of conditions
Work release or work assignments
Medical/Mental Health
Intellectual disability/mental illness dual diagnosis
Mental health care, general
Mental health care, unspecified
Wound care
Plaintiff Type
State Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Alabama Department of Corrections
Plaintiff Description Prisoners at the St. Clair Correctional Facility of the Alabama Department of Corrections
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing PC-AL-0035 : Dunn v. Dunn (M.D. Ala.)
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
4:14-cv-01952 (N.D. Ala.) 06/20/2016
PC-AL-0036-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/13/2014
PC-AL-0036-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 02/17/2015 (N.D. Ala.)
PC-AL-0036-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 08/28/2015
PC-AL-0036-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hopkins, Virginia Emerson (N.D. Ala.)
PC-AL-0036-0002 | PC-AL-0036-9000
Monitors/Masters None on record
Plaintiff's Lawyers Becker, Ryan Christopher (Alabama)
PC-AL-0036-0001 | PC-AL-0036-0003 | PC-AL-0036-9000
Crowder, Carla Camille (Alabama)
PC-AL-0036-0001 | PC-AL-0036-0003 | PC-AL-0036-9000
Morrison, Charlotte Randolph (Alabama)
PC-AL-0036-0001 | PC-AL-0036-0003 | PC-AL-0036-9000
Stevenson , Bryan A. (Alabama)
PC-AL-0036-0001 | PC-AL-0036-0003 | PC-AL-0036-9000
Swiergula, Jennae Rose (Alabama)
PC-AL-0036-0001 | PC-AL-0036-0003 | PC-AL-0036-9000
Defendant's Lawyers Athanas, William C. (Alabama)
PC-AL-0036-9000
Butler, Albert Sims (Alabama)
PC-AL-0036-9000
Childs, Larry Brittain (Alabama)
PC-AL-0036-9000
Fant, Michael A. Jr. (Alabama)
PC-AL-0036-9000
Harmon, Bart Gregory (Alabama)
PC-AL-0036-9000
Prueter, Charles Walton (Alabama)
PC-AL-0036-9000
Other Lawyers None on record

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