Opinion

Braggs v. Hamm

Court
District Court, M.D. Alabama
Filed
Jun 7, 2021
Cited by
0 cases

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

EDWARD BRAGGS, et al., )

)

Plaintiffs, )

) CIVIL ACTION NO.

v. ) 2:14cv601-MHT

) (WO)

JEFFERSON S. DUNN, in his )

official capacity as )

Commissioner of )

the Alabama Department of )

Corrections, et al., )

)

Defendants. )

ORDER

In this longstanding litigation about the provision

of mental-health care in the prisons of the Alabama

Department of Corrections (ADOC), the court is currently

engaged in a series of hearings to develop “a final remedy

that addresses the serious constitutional violations it

has found and that will be a durable solution for the

monitors to help ADOC implement.” Opinion and Order on

a Process for Finalizing the Phase 2A Remedial Orders,

No. 2:14cv601-MHT, 2020 WL 7711366, at *8 (M.D. Ala. Dec.

29, 2020) (Thompson, J.). The defendants have objected

to certain exhibits introduced by the plaintiffs during

the first week of these hearings. See Defendants’

Objections to Plaintiffs’ Exhibits (Doc. 3250). For the

reasons below, and based on the agreement of all parties

on the record to the court’s resolution outlined in this

order, the objections are overruled.

It appears to the court that the defendants raised

two distinct kinds of objections to the exhibits offered

by the plaintiffs. The first was an objection to

plaintiffs’ expert Eldon Vail relying on large sets of

similar documents to support opinions about those

documents in the aggregate, without discussing each of

the underlying documents individually. An example of

this would be instances when Vail walked through a log

of segregation rounds on a particular day and showed how

he determined whether the rounds were done appropriately

on that day, and then testified that he looked at, for

example, several hundred other logs of segregation rounds

from different days and different units to develop

opinions about how regularly these rounds were done

across the board.

For this first kind of testimony, the court noticed

that Vail, in most if not all cases, walked through a

sample document from the set of documents submitted to

show his work for each of the opinions he testified about.

In the court’s experience, this is a common process when

experts testify about opinions that are based on

reviewing a large set of similar documents: The experts

may testify to that opinion, show how they came to the

opinion by discussing a sample of the documents they

reviewed, and reference the set of similar documents they

looked at to explain their sources. On cross, defense

counsel may then clarify, if needed, the documents that

the expert relied upon, and counsel may also challenge

whether those documents in fact support the conclusions

reached by the expert. Expert testimony in this case has

historically been handled in this way too.

During the hearing, defendants did not point to any

specific examples where Vail did not ultimately, on

direct and cross, make clear the documents he relied upon

as his source. As to this first kind of objection,

therefore, absent the defendants’ pointing to any

instance in which Vail didn’t show his work in that way,

the court believes that it was appropriate for him to

testify about these documents in the aggregate without

showing each one of the essentially duplicative

documents. The court granted the defendants an

opportunity after it raised these objections to

cross-examine Vail further to discuss any such instance,

and the defendants declined to do so. The objections to

this first kind of exhibit are overruled on that basis.

It appears to the court that the defendants are also

objecting to times when a single, large document has been

offered, but the experts testifying about that document

have referenced only a few pages from the document and

discussed their opinions about what those pages show.

For instance, an inmate’s entire institutional file might

be introduced into evidence, but Vail may have testified

about only a few of the incidents mentioned in that file.

To address the defendants’ concerns about this kind of

evidence, the court assured the defendants that it has

no intention of digging through those files for

information that was not discussed in court and to which

the defendants therefore has not had reason to respond.

As the court said yesterday, this is fundamentally an

issue of fairness, and the court will not be unfair to

the defendants.

That said, this fairness principle cuts both ways.

If the defendants wish to discuss other parts of these

large documents or to press an expert about the parts of

such documents they say they have relied on in reaching

their opinions in order to show that the documents do not

support these opinions, the opportunity to do so is on

cross-examination, not by subsequent objection to the

testimony or to the underlying documents. Again, the

court therefore provided the defendants an opportunity

for further cross-examination regarding the documents to

which they objected to allow the defendants to bring in

other parts of those documents or challenge Vail’s

opinions based on those documents, and the defendants

declined to do so.

For the foregoing reasons, and based on both parties’

agreement to this resolution of the issues raised by the

defendants’ objections (Doc. 3250), it is ORDERED that

the objections are overruled.

DONE, this the 7th day of June, 2021.

/s/ Myron H. Thompson

UNITED STATES DISTRICT JUDGE

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