After failed negotiations with the state, the Department of Justice has officially filed a lawsuit against Alabama in an attempt to correct poor prison conditions that have led to prisoner-on-prisoner violence, homicide, suicide, and inadequate medical support for inmates.

In the lawsuit, the DOJ indicates that “The State of Alabama violates the Eighth and Fourteenth Amendment rights of these prisoners by failing to prevent prisoner on prisoner violence and sexual abuse, by failing to protect prisoners from the use of excessive force by skilled staff, and by failing to provide safe conditions of confinement in violation of the Constitution.”

The lawsuit comes on the heels of failed negotiation attempts during the spring between the government and the state. The state was officially alerted by the government about the need for conditions to change on April 2nd, 2019, and again on July 23rd, 2020. In both instances, the state failed to take action and reverse the poor living conditions of inmates in the men's prison.

According to the lawsuit, Alabama's prison system is only getting more crowded as the prisons have more inmates than they did in 2016. The overcrowding has caused the overuse of the prison's facilities, resulting in the deterioration of bathrooms and shower areas. This overuse has mounted tensions among the prison population resulting in more prisoner fights, sexual abuse among prisoners, and even physical abuse from guards directed at prisoners. With the increase in overcrowding, staffing continues to be a topic of concern as staff rates are “critically and dangerously low.”

During the 20 months that the government has been investigating Alabama's prison conditions, the government alleges that the state has failed to take necessary action. The DOJ explains in part, “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 state of Alabama is deliberately indifferent to the serious and systematic constitutional problems presented in Alabama's prisons for men.”

Increase in Prison Deaths

Unsanitary conditions have resulted in prison deaths throughout 2020. Because of the state's approach to dealing with the pandemic, or lack thereof, according to the government, AL News reports that at least 43 inmates have died from the coronavirus. The Associated Press also reports that Alabama happens to have the nation's ninth-highest rate of inmate deaths due to the virus (per 100,000 inmates).

Along with the pandemic, poor access to mental health resources has fueled the prison system's suicide rates. Over the course of 2018 and 2019, at least 15 prisoners have committed suicide. A 210-page ruling over the prison conditions highlights the circumstances of some of the suicides but points to a definitive lack of resources overall.

State Government Responds

In a statement shared by Richard W. Moore, the U.S. attorney for the Southern District of Alabama, Moore explains, "Our investigation has demonstrated that constitutionally required standards have not been met in Alabama prisons, and this must be corrected. I am disappointed that the efforts of both Alabama officials and Department of Justice officials to find appropriate solutions have not resulted in a mutually agreed upon resolution. Our oath as public officials now requires us to follow the Constitution and to pursue justice in the courts."

In response to the lawsuit, the state's governor, Kay Ivey, issued a statement expressing her disappointment with the federal government's decision to pursue a lawsuit. The statement read in part, “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 goes on to explain short-term goals the state is hoping to achieve. “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,” Ivey said.

The Alabama Attorney General Steve Marshall echoed Gov. Ivey's frustration by describing the lawsuit as a “brazen federal overreach.”