As Alabama continues to negotiate public-private partnerships to build three prisons, the Department of Justice followed through with its threat to take legal action against the state for violating prisoners' constitutional rights.
The DOJ filed a
The complaint alleges conditions at Alabama’s prisons for men violate the constitution because Alabama fails to provide adequate protection from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, fails to provide safe and sanitary conditions, and subjects prisoners to excessive force at the hands of prison staff.
Gov. Kay Ivey said the lawsuit is disappointing because the state has been actively negotiating in good faith with the Department of Justice. In July, the DOJ provided the state with written notice of its allegations and the minimum remedial measures necessary to address them.
"Out of respect for the legal process, we unfortunately cannot provide additional comment at this time," Ivey said. "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," she said.
The DOJ said its lawsuit is the result of a multi-year investigation into allegations of constitutional violations within Alabama’s prisons for men conducted by the department’s civil rights division and the three U.S. Attorney’s Offices in Alabama.
In addition to the notice in July, the DOJ department provided the state with written notice of the supporting facts for these alleged conditions, and the minimum remedial measures necessary to address them in April 2019.
“The results of the investigation into safety and excessive force issues within Alabama’s prisons are distressing and continue to require real and immediate attention,” said Louis V. Franklin Sr., the U.S. Attorney for the middle district of Alabama. “We hope the filing of this complaint conveys the department’s continued commitment to ensuring that the Department of Corrections abides by its constitutional obligations.”
In September, Ivey announced two consortiums had been chosen to enter nonpublic discussions on financial terms for the purchase of land and to design, build, finance, and maintain three turnkey correctional facilities. The Alabama Department of Corrections will lease and staff the facilities.
One consortium is Alabama Prison Transformation Partners, a group that includes Star America; BL Harbert International; Butler-Cohen; Arrington Watkins Architects; and Johnson Controls Inc.
The CoreCivic team includes CoreCivic; Caddell Construction; DLR Group; and R&N Systems Design.
The ADOC didn't immediately respond to questions about the status of P3 negotiations.
