Braggs v. Dunn

382 F. Supp. 3d 1267
CourtDistrict Court, M.D. Alabama
DecidedJanuary 2, 2019
DocketCIVIL ACTION NO. 2:14cv601-MHT
StatusPublished
Cited by3 cases

This text of 382 F. Supp. 3d 1267 (Braggs v. Dunn) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Braggs v. Dunn, 382 F. Supp. 3d 1267 (M.D. Ala. 2019).

Opinion

Myron H. Thompson, UNITED STATES DISTRICT JUDGE

*1269In June 2017, this court found that the Alabama prison system's "persistent and severe shortages of mental-health staff and correctional staff" are a significant factor causing the State to provide constitutionally inadequate mental-health care to prisoners. See Braggs v. Dunn , 257 F. Supp. 3d 1171, 1267-68 (M.D. Ala. 2017) (Thompson, J.). As part of the remedy, the court ordered the Alabama Department of Corrections (ADOC) to file under seal quarterly mental-health and correctional staffing reports. See Phase 2A Understaffing Remedial Order (doc. no. 1657) at 7. The plaintiffs moved to unseal these reports and the defendants agreed, except as to the correctional staffing statistics broken down by facility. The court held an evidentiary hearing on the sole disputed issue of whether to unseal the facility-specific correctional staffing figures. After balancing the public's interest in accessing these figures against ADOC's interest in keeping them confidential, the court will now order that past and future quarterly staffing reports be disclosed in their entirety, albeit with the facility-specific correctional data being unsealed five months after the last day of each quarter.

I. PROCEDURAL HISTORY

The plaintiffs in this class-action lawsuit include a group of mentally-ill prisoners in the custody of ADOC. The defendants are the ADOC Commissioner and Associate Commissioner of Health Services, who are both sued in only their official capacities. In a liability opinion entered on June 27, 2017, this court found that ADOC's mental-health care for prisoners in its custody was, simply put, "horrendously inadequate." Braggs , 257 F. Supp. 3d at 1267. The court laid out seven factors contributing to the Eighth Amendment violation. Id. at 1267-68. Additionally, it found that "persistent and severe shortages of mental-health staff and correctional staff" constitute an "overarching issue[ ] that permeate[s] each of the ... contributing factors of inadequate mental-health care." Id. at 1268.

On February 20, 2018, the court issued a remedial opinion on understaffing, see Braggs v. Dunn , 2018 WL 985759, at *1 (M.D. Ala. Feb. 20, 2018) (Thompson, J.), along with a remedial order, see Understaffing Remedial Order (doc. no. 1657). The remedial order required the defendants to "submit to the court under seal a 'Correctional Staffing Report' and 'Mental Health Staffing Report' on a quarterly basis, that is, March 1, June 1, September 1, and December 1 of each year." Id. at 7. The defendants filed such reports under seal in March, June, and September.

On September 17, 2018, the plaintiffs moved to unseal past and future quarterly staffing reports. At a hearing on the motion on September 18, the defendants agreed that the mental-health staffing figures could be unsealed. The defendants also acknowledged that, until June 2017, when the court issued its liability opinion, ADOC had published correctional staffing figures broken down by facility every month on its website. Defense counsel represented that the decision to stop publishing the correctional staff figures was made for three reasons: (1) concern that the reported figures were inaccurate; (2) security concerns about disclosing the number of staff posted at different facilities, especially given that the staffing numbers were lower than in the past; and (3) the number of "authorized" positions in the reports was no longer relevant. See Order Regarding Motion to Unseal (doc. no. 2075) at 1-2.

On September 20, 2018, the defendants agreed to make public the total correctional *1270staffing levels across ADOC, but not to break down those figures by facility. See Notice of Filing (doc. no. 2066) at 1-2. The defendants cited "security and other concerns related to unsealing the facility-specific information related to correctional staffing levels." Id. at 1.

Accordingly, the only remaining disputed issue from the plaintiffs' motion to unseal is whether to unseal the facility-specific correctional staffing numbers. The court held an evidentiary hearing on this issue on October 23 and 24, 2018, and subsequently heard oral argument to clarify the parties' positions.1

II. DISCUSSION

The public has a common-law right to inspect and copy judicial records and documents. See Nixon v. Warner Commc'ns, Inc. , 435 U.S. 589, 597, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978) ; see also Newman v. Graddick , 696 F.2d 796, 802-04 (11th Cir. 1983) (applying the common-law right to access judicial records in a class action brought by Alabama prisoners). The "test for whether a judicial record can be withheld from the public is a balancing test that weighs the competing interests of the parties to determine whether there is good cause to deny the public the right to access the document." F.T.C. v. AbbVie Prods., LLC , 713 F.3d 54, 62 (11th Cir. 2013) (internal quotation marks omitted). This balancing test weighs "the public interest in accessing court documents against a party's interest in keeping the information confidential." Romero v. Drummond Co. , 480 F.3d 1234, 1246 (11th Cir. 2007). On the public's side of the scale is the "presumption ... in favor of public access to judicial records." Nixon , 435 U.S.

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Related

Braggs v. Hamm
M.D. Alabama, 2020
Braggs v. Dunn
383 F. Supp. 3d 1218 (M.D. Alabama, 2019)

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Bluebook (online)
382 F. Supp. 3d 1267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braggs-v-dunn-almd-2019.