U.S. Department of Justice sues Alabama over unsafe prison conditions

The U.S. Department of Justice filed a lawsuit against the Alabama Department of Corrections today for failure to protect prisoners from inmate-on-inmate violence and sexual abuse, failure to protect them from excessive force by staff, and failure to provide safe conditions of confinement.

The DOJ first made most of the allegations in April 2019 and said today the state has failed to address the problems since. The DOJ said some problems have gotten worse since it started an investigation four years ago.

“The United States Constitution requires Alabama to make sure that its prisons are safe and humane,” Assistant Attorney General Eric Dreiband for the Civil Rights Division said in a press release. “The Department of Justice conducted a thorough investigation of Alabama’s prisons for men and determined that Alabama violated and is continuing to violate the Constitution because its prisons are riddled with prisoner-on-prisoner and guard-on-prisoner violence. The violations have led to homicides, rapes, and serious injuries. The Department of Justice looks forward to proving its case in an Alabama federal courtroom.”

Today’s lawsuit follows the notification to Alabama by the DOJ in April 2019 that conditions in Alabama’s men’s prisons violated the Constitution because of the unsafe conditions. The state entered negotiations with the DOJ after that, and both state officials and the DOJ said then they hoped to address with issues without going to court.

But in today’s lawsuit, the DOJ said that after multiple rounds of negotiations beginning in the spring of 2019, “the state has failed or refused to correct the unconstitutional conditions in Alabama’s prisons for men.”

In July, the DOJ notified the state of its allegations that correctional officers frequently used excessive force., a follow-up to the April 2019 notification.

The DOJ says Alabama prisons are in violation of the 8th and 14th Amendments to the U.S. Constitution.

Gov. Kay Ivey issued a statement saying she was disappointed in the lawsuit.

“This is disappointing news, as the state has actively been negotiating in good faith with the Department of Justice following the release of its findings letters,” Ivey said. “Out of respect for the legal process, we unfortunately cannot provide additional comment at this time. We will, however, push forward with our plan to reimagine and rebuild Alabama’s correctional system from the ground up through the construction of three new regional men’s prisons. The comprehensive efforts underway will go a long way in addressing the long-standing challenges faced by the Alabama Department of Corrections.”

Alabama is in negotiations with developer teams to build three new prisons for men.

Alabama Attorney General Steve Marshall issued a statement criticizing the decision to file the lawsuit and called it a “brazen federal overreach.”

“DOJ’s decision to file suit against the state—particularly at this time—is illogical, at best,” Marshall said. “This move both discounts the hundreds of hours that have gone into settlement negotiations thus far and disregards the immense progress that the State has made in improving our prisons since DOJ first released its findings in early 2019. Much of what the DOJ is still demanding, as its lawyers well know, goes beyond what federal law requires—in other words, these demands are unenforceable. The State will not yield to this brazen federal overreach. We look forward to our day in court.”

But the DOJ said more than 20 months of negotiations with the state failed to achieve a settlement that would correct the problems. The DOJ said it seeks injunctive relief for the unconstitutional conditions, which the agency said must be proven in federal court. The lawsuit does not seek monetary damages.

The DOJ said it began its investigation in Alabama’s men’s prisons in 2016. Since that time, the prisons have gotten more crowded, prisoner-on-prisoner homicides have increased, violence and sexual abuse remains unabated, excessive force by staff is common, the physical facilities remain inadequate, and staffing levels are critically and dangerously low, the DOJ said.

“In the 20 months following the United States’ original notification to the State of Alabama of unconstitutional conditions of confinement, Alabama prisoners have continued daily to endure a high risk of death, physical violence, and sexual abuse at the hands of other prisoners,” the lawsuit says.

Alabama’s prisons became more overcrowded after the April 2019 report by the DOJ, partly because of the closing of some deteriorating facilities. Another factor was a sharp decline in the number of inmates granted parole by the Alabama Board of Pardons and Paroles.

The case was filed in U.S. District Court for the Middle District of Alabama.

The DOJ’s Civil Right Division and the U.S. Attorney’s Offices for the Northern, Middle, and Southern Districts of Alabama conducted the multi-year investigation. The DOJ provided the state with written notice of the facts supporting the allegations and minimum steps to fix them as required by the Civil Rights of Institutionalized Persons Act (CRIPA), the DOJ said. CRIPA authorizes DOJ to take action when it has reasonable cause to believe there is a pattern or practice of depriving the constitutional rights of prisoners.

JaTaune Bosby, executive director of ACLU of Alabama, issued a statement about the DOJ lawsuit.

“For years, currently and formerly incarcerated people have been sounding the alarm on the abuse and conditions that they experienced within Alabama Department of Corrections facilities, and they have been rallying, protesting, writing, and calling elected leaders at every level to demand change,” Bosby said. “The U.S. Department of Justice has issued two reports detailing excessive and unconstitutional treatment of incarcerated people, and yet ADOC Commissioner Jeff Dunn has been either unable or unwilling to address these issues in any meaningful way. It has been past time for reform, and it is shameful that our state leaders are once again being forced through litigation to do the right thing for the people of Alabama.”

Bosby also called on the Legislature to repeal the state’s sentencing laws to reduce the number of people in prison.

“But while this lawsuit will hopefully bring relief to the thousands of people incarcerated in state facilities, we must continue holding our representatives accountable for their role in Alabama’s mass incarceration crisis,” Bosby said. “When the Legislative Session begins in February, it is imperative that we see bold reforms supported by leaders across the board like repealing the outdated Habitual Felony Offender Act.”

Ivey, Alabama Department of Corrections Commissioner Jeff Dunn, and other officials have said new prisons are an essential part of a larger plan to overhaul the state’s troubled system.

The plan for three new prisons calls for the developers to finance, build, and maintain the prisons, which the state would lease and operate. Proposed sites are in Bibb, Elmore, and Escambia counties. Some of the state’s existing prisons would close.

Ivey appointed a criminal justice reform study group last year. The group, led by former state Supreme Court Justice Champ Lyons, held public meetings, toured prisons, and issued a set of recommendations that stressed the need for programs to reduce recidivism.

State lawmakers introduced some bills earlier this year based on the study group’s report, including measures to increase oversight of the Alabama Department of Corrections. The COVID-19 pandemic cut short the legislative session and the bills did not pass.

Lawmakers have increased funding for prisons and approved more money for correctional officers pay in an effort to address a severe staffing shortage.

The Legislature returns in February.

In a separate lawsuit, U.S. District Judge Myron Thompson found in 2017 that mental health care in Alabama prisons was “horrendously inadequate” in violation of the Constitution. That case is ongoing, with the ADOC working on improvements that would fix the deficiencies.

Ebony Howard, senior supervising attorney at the Southern Poverty Law Center, said today’s lawsuit by the DOJ was overdue. The SPLC represents inmates in the lawsuit over mental health care.

“The Department of Justice filing this lawsuit signals what incarcerated people, their families, and advocates have long been waiting for - a clear and unequivocal signal that the failures of the State and Alabama prison system are abhorrent,” Howard said. “The inaction with regard to protecting the humanity of incarcerated people is illegal and immoral.

“The same questions arise again for Alabama leaders: What are you going to do? Now that the State is a defendant in another federal lawsuit and again linked to civil and human rights abuses, will leaders remain silent in the face of this crisis?

“History will judge the actions of the people who were entrusted with leadership and whether or not they abide by true principles. Will Alabama finally do what it should have done in 2014, or will the state continue to ignore the crisis of conscience that threatens the state’s moral fiber.”

Former state Sen. Cam Ward, R-Alabaster, has been a leader in criminal justice reform efforts in the Legislature. Ward just left his Senate seat to accept Ivey’s appointment as director of the Pardons and Paroles Bureau, a job he started Monday.

Ward said the lawsuit did not come as a surprise. Ward said he believes state Attorney General Marshall worked hard to reach a settlement on behalf of the state, but said the Legislature has failed to act.

“At the end of the day, they have been saying for years we have to act,” Ward said. “And we haven’t done it. I don’t think there’s any one reason. I think General Marshall’s done as good as he could do for negotiating a settlement. But at the end of the day, the policy makers have to make a decision.”

Ward said he believes Ivey understands the urgency of the situation, but said it’s a matter of the executive and legislative branches coming together on solutions.

“And it’s not one issue,” Ward said. “It’s not just construction. It’s not just pardons and paroles. It’s not just sentencing. It’s multiple factors. It’s not an easy solution.”

Ward said he believes new prisons have to be part of the solution. He said the key to make things safer in the meantime is more oversight of correctional officers.

“But that’s up to the Legislature,” Ward said. “They’ll figure it out. Legislature has to figure that out.”

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