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HENDERSON v. THOMAS

Civil Action No. 2:11cv224-MHT.

913 F.Supp.2d 1267 (2012)

Louis HENDERSON, Dana Harley, Dwight Smith, Albert Knox, James Douglas, Alqadeer Hamlet, and Jeffrey Beyer, on behalf of themselves and of those similarly situated, Plaintiffs, v. Kim THOMAS, Commissioner, Alabama Department of Corrections; Billy Mitchem, Warden, Limestone Correctional Facility; Frank Albright, Warden, Julia Tutwiler Prison for Women; Bettina Carter, Warden, Decatur Work Release/Community Work Center; Edward Ellington, Warden, Montgomery Women's Facility, in their official capacities, Defendants.

United States District Court, M.D. Alabama, Northern Division.

December 21, 2012.

Attorney(s) appearing for the Case

Amanda C. Goad, Rose Saxe, American Civil Liberties Union Foundation Aids Project, New York, NY, Carl Takei, Gabriel B. Eber, Margaret Winter, Jennifer A. Wedekind, Washington, DC, Robert David Segall, Copeland, Franco, Screws & Gill, Montgomery, AL, for Plaintiffs.

Elizabeth Anne Sees, Alabama Department of Corrections, Montgomery, AL, Mitchell David Greggs, Maynard Cooper & Gale, PC, Birmingham, AL, for Defendants.

OPINION

MYRON H. THOMPSON, District Judge.

The seven plaintiffs (Louis Henderson, Dana Harley, Dwight Smith, Albert Knox, James Douglas, Alqadeer Hamlet, and Jeffery Beyer) bring this lawsuit on behalf of themselves and a class of all current and future HIV-positive prisoners incarcerated in Alabama Department of Corrections (ADOC) facilities. They challenge the ADOC's policy of categorically segregating HIV-positive prisoners from the general prison...

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