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Alabama attorney general says state was “ambushed” with DOJ report on mens’ prisons

Eddie Burkhalter

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Alabama Attorney General Steve Marshall (GOVERNOR'S OFFICE)

Reaction to the U.S. Department of Justice’s latest scathing report on Alabama’s broken prisons for men came swiftly on Thursday, and the state’s top law enforcement officer claims Alabama was “ambushed.”

The Justice Department report published Thursday details numerous instances of unprovoked and illegal violence against inmates by correctional officers, cover-ups of those crimes by officers and supervisors and shoddy investigations that often resulted in no disciplinary action.

The federal government in the report alleges that Alabama violates inmates’ Constitutional protections. 

DOJ’s previous report, released in April 2019, found that Alabama’s prisons for men were likely violating inmates’ rights to protection from sexual abuse and physical harm. The latest report was expected, but it was unclear when the department would release it. 

DOJ attorneys in a letter Thursday to Gov. Kay Ivey wrote that the U.S. attorney general can file a lawsuit against the state if Alabama fails to “satisfactorily address conditions in the prisons within 49 days,” although the department hopes to resolve the problems “through a more cooperative approach.” 

“Though the State has been diligently working toward a settlement agreement with the DOJ based on its previous findings, we were ambushed with today’s report, issued in the form of a public press release only moments after we received it,” said Alabama Attorney General Steve Marshall in a statement Thursday. 

Marshall said the state has never denied the challenges facing the Alabama Department of Corrections, and as evidence of such, the state plans to build three new men’s prisons “that we believe—and the DOJ has conceded—will have a significant positive impact on many of the areas of concern that the DOJ has identified.” 

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It should be noted, however, that the April 2019 Justice Department report noted that new prisons alone won’t solve ADOC’s systemic problems, a sentiment shared by numerous criminal justice reform groups and advocates working in Alabama. 

“At the same time, I have made it absolutely clear from the beginning that the State will not, under any circumstances, enter into a consent decree with the federal government to avoid a lawsuit,” Marshall continued. “On November 7, 2018, then–Attorney General Jeff Sessions addressed the use of civil consent decrees in a DOJ memorandum, acknowledging the sovereignty of state governments and urging special caution before using this bludgeon to settle litigation against the states. I share General Sessions’ concerns with consent decrees and will not submit our state to judicial oversight of our prisons, with the DOJ as the hall monitor, that will last well beyond my tenure as Attorney General—and indeed, if history is any indication, could last well beyond my lifetime.

“Along with the release of its newest findings today, DOJ officials also communicated to my Office that the State has forty-nine days to agree upon the terms of a consent decree. Presumably, if we do not, the federal government will file suit. My response to that is simple: the State of Alabama has worked, and will continue to work, both to improve our prison facilities to meet the standards of the U.S. Constitution and to negotiate with the federal government in good faith. But Alabama will not be bullied into a perpetual consent decree to govern our prison system, nor will we be pressured to reach such an agreement with federal bureaucrats, conspicuously, fifty-three days before a presidential election.

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“In short, a consent decree is unacceptable and nonnegotiable. The State of Alabama shall retain her sovereignty.”

Ebony Howard, senior supervising attorney for the Southern Poverty Law Center, in a statement on Thursday said Alabama’s prisons are notoriously overcrowded and understaffed by correctional officers who undergo little training. 

“It comes as no surprise to us that the Department of Justice has found frequent use of excessive force by correctional officers against incarcerated men in Alabama’s prison system,” Howard said. “The violent conditions and circumstances outlined in the DOJ’s latest report are at the hands of prison personnel and demonstrate failures of the Alabama Department of Corrections’ leadership to ensure people in their custody are safe. This unconstitutional behavior will not be solved by building newer, larger prisons.”

“People in Alabama prisons are human beings with constitutional rights. They deserve to be treated humanely, with respect, and dignity,” Howard continued.

Eddie Burkhalter is a reporter at the Alabama Political Reporter. You can email him at [email protected] or reach him via Twitter.

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Alabama Department of Corrections investigating inmate death

Robert Earl Adams, 40, died on Aug. 5 and although no foul play is suspected, a department spokeswoman in a message to APR said the exact cause of death is pending an autopsy.

Eddie Burkhalter

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(STOCK PHOTO)

The Alabama Department of Corrections is investigating the death of an inmate at the Donaldson Correctional Facility.

Robert Earl Adams, 40, died on Aug. 5 and although no foul play is suspected, a department spokeswoman in a message to APR said the exact cause of death is pending an autopsy.

“While Adams’ exact cause of death is pending the results of a full autopsy, at the time of his passing inmate Adams was not exhibiting symptoms of COVID-19, was not under quarantine following direct exposure to an inmate or staff member who previously had tested positive, and was not in medical isolation as a result of a positive COVID-19 test,” said ADOC spokeswoman Samantha Rose in the message.

Because Adams was not exhibiting symptoms of COVID-19, he had not been tested, Rose said.

An ADOC worker who contacted APR Friday morning about the death, who asked not to be identified for fear of repercussions from ADOC administrators, said it’s suspected that Adams may have overdosed after being given a cigarette laced with a drug.

Adams is at least the sixteenth state inmate to die this year from either homicide, suspected drug overdose or suicide. Additionally, fifteen inmates and two prison workers have died after testing positive for COVID-19.

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Alabama House speaker addresses arrest of Rep. Will Dismukes on theft charge

Eddie Burkhalter

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Rep. Will Dismukes, R-Prattville, turned himself in at the Montgomery County Detention Center Thursday.

Speaker of the Alabama House Mac McCutcheon, R-Monrovia, on Friday said a state representative arrested and charged with theft on Thursday is alleged to have committed the theft before he was elected and is due a presumption of innocence. 

Rep. Will Dismukes, R-Prattville, turned himself in at the Montgomery County Detention Center Thursday after a warrant for his arrest was issued for felony theft from a flooring business where he worked. The theft occurred at his place of employment between the years 2016 to 2018, Montgomery County District Attorney Daryl Bailey said Thursday.

“Like all Americans, Rep. Dismukes is due the presumption of innocence, and it is important to note that the crime of which he is accused was said to have occurred well before he announced his candidacy for the Alabama House,” McCutcheon said in a statement Friday. “As a former law enforcement officer, I have faith in the criminal justice process and trust that he will receive a full and fair hearing.” 

“Both Democrats and Republicans have been accused of similar crimes in the past, and we cannot tolerate such behavior whether the lawmaker involved has a D or an R beside their name,” McCutcheon continued. 

Dismukes in recent weeks has faced a torrent of calls for his resignation in recent weeks after posting to Facebook an image of himself attending a birthday celebration for the first grand wizard of the Ku Klux Klan, Nathan Bedford Forrest.

Dismukes has said he has no plans to resign, but if convicted of felony theft, Dismukes would be removed from office.

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Arrest warrant issued for Rep. Will Dismukes for felony theft

Dismukes is charged with first-degree theft of property in connection with a theft that occurred at his place of employment between the years 2016 to 2018.

Eddie Burkhalter

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Alabama State Rep. Will Dismukes, R-Prattville, has been accused of theft of property, a Class B felony. (WSFA)

An arrest warrant has been issued for Alabama State Rep. Will Dismukes, R-Prattville, for felony theft from a business where he worked, Montgomery County District Attorney Daryl Bailey said Thursday.

Dismukes is charged with first-degree theft of property in connection with a theft that occurred at his place of employment between the years 2016 to 2018, Bailey said during a press conference.

Bailey said the charge is a Class B felony and levied when a person steals in excess of $2,500 and that “I will tell you that the alleged amount is a lot more than that.” 

“The warrant has just been signed, his attorney has been notified and we are giving him until late this afternoon to turn himself in,” Bailey said.

Bailey said the employer contacted the district attorney’s office with a complaint about the theft on May 20, and after reviewing bank records and interviewing witnesses, the decision was made to charge Dismukes with the theft. 

WSFA reported Thursday that the theft occurred at Dismukes’ former employer, Weiss Commercial Flooring Inc. in East Montgomery. Bailey did not provide any more specifics on the charge but said the employer signed the arrest warrant after countless hours of investigation on the part of the DA’s office.

While the charge stems from a complaint filed months ago, Dismukes been in the headlines recently and faced a torrent of calls for his resignation in recent weeks after posting to Facebook an image of himself attending a birthday celebration for the first grand wizard of the Ku Klux Klan, Nathan Bedford Forrest.

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The event was hosted by an individual with close ties to the League of the South, a hate group, according to the Southern Poverty Law Center.

In response, Dismukes stepped down from his post as a pastor at an Autauga County Baptist church but defiantly refused to step down from the Legislature.

If convicted of the felony, Dismukes would be immediately removed from his seat in the Alabama House, to which he was elected in 2018.

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In June, the Alabama Democratic Party called for his resignation over previous social media posts glorifying the Confederacy.

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Alabama Department of Corrections investigating death of 28-year-old inmate

Eddie Burkhalter

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(STOCK PHOTO)

The Alabama Department of Corrections is investigating the death of a 28-year-old inmate at the St. Clair Correctional Facility as a possible suicide. 

Charles Labarron Braggs was found unresponsive by prison officials in his cell on Monday, and life-saving attempts were unsuccessful, the department said in a message to APR on Thursday.

Braggs was not on suicide watch at the time of his death, and the department said in the statement that there’s “no evidence of a use-of-force incident” and that the investigation into his death is ongoing. 

“Use-of-force” refers to instances when correctional officers use physical force with an inmate. 

Braggs’ death is at least the sixth suspected suicide among those serving in Alabama prisons so far this year, according to the ACLU of Alabama’s Campaign for Smart Justice.

The U.S. Justice Department in April 2019, released a report detailing what federal investigators found were systemic problems of violence, sexual assaults, drugs, high levels of homicides and suicides and corruption in Alabama prisons.

ADOC continues to defend the department in a lawsuit filed by the Southern Poverty Law Center over mental health care and treatment of inmates in state prisons, arguing in the complaint that the department was indifferent to the health of those inmates, who were dying by suicide in greater and greater numbers.

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The U.S. Department of Justice last week released a scathing report detailing systemic excessive use-of-force by Alabama correctional officers against inmates in the state’s prisons for men. The federal government believes the acts of violence against inmates violates the Eighth Amendment protection from cruel and unusual punishment.

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