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Alabama Department of Corrections “disappointed” by “surprise” DOJ report on excessive force

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Eddie Burkhalter

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The Alabama Department of Corrections on Friday responded to a scathing report released Thursday by the U.S. Department of Justice detailing correctional officers’ violence against incarcerated men in state prisons, saying the department was “disappointed in the surprise manner” in which the DOJ released the report. 

The DOJ’s report 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 believes systemic use of excessive force within Alabama’s prisons for men violates the Eighth Amendment. The report was expected, although it was unclear when DOJ would release it, and follows the DOJ’s previous report, released in April 2019, that found that Alabama’s prisons for men were likely violating inmates’ rights to protection from sexual abuse and physical harm. 

“We are disappointed in the surprise manner in which the DOJ orchestrated the release of this letter, which hinders the progress made by our Department to address the long-standing challenges facing our correctional system,” ADOC said in a statement Friday. “This substantive progress includes targeted efforts to reduce instances of violence within our facilities.” 

ADOC in the statement said the department stands behind previous statements by Gov. Kay Ivey and Alabama Attorney General Steve Marshall.

Ivey responded to the DOJ report by saying it was an “expected follow-up” to the April 2019 report, completing the DOJ’s investigation into the state’s men’s prisons that began in 2016.  

“We will be carefully reviewing these serious allegations in the coming weeks. My Administration remains hopeful that with the completion of this investigation, the state and federal governments can finally reach a resolution to all of the Department’s allegations,” Ivey’s statement reads. 

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We all desire an effective, Alabama solution to this Alabama problem, and my Administration will put in the hard work and long hours necessary to achieve that result,” Ivey continued. 

Marshall, however, took a much harder stance, claiming Alabama was “ambushed” by the DOJ report, and said the state “will not, under any circumstances, enter into a consent decree with the federal government to avoid a lawsuit.” 

Among the many serious instances of excessive use of force against inmates in the report, the DOJ detailed the death of Michael Smith, 55, at Ventress prison in December 2019, in which “ADOC personnel informed hospital medical personnel that the injuries occurred after the prisoner fell from a bunk bed.” 

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“The autopsy revealed that the prisoner died from blunt force trauma to the head. He sustained multiple areas of intracranial bleeding, fractures of his nose and left eye socket, and had at least six teeth knocked out,” federal investigators wrote in the report.

Federal investigators found that ADOC’s investigative arm, the Intelligence & Investigations Division, did substandard investigations into use of force incidents, failed to collect necessary information on allegations and came to improper findings in numerous incidents. 

ADOC in the statement Friday said the department has been proactive in dealing with the DOJ’s concerns, and that Commissioner Jeff Dunn formed a Violence Reduction Task Force in December 2019. 

The recommendations of the Task Force include refresher protocol and procedure training; health and wellness interventions for correctional officers and staff; an emphasis on inmate rehabilitation programs and resources; and the reexamination of enhanced surveillance measures such as facility cameras and the use of body cameras for on-duty correctional officers,” ADOC’s statement reads. 

DOJ’s report also notes that chronic understaffing in the overcrowded prisons is contributing to the use of violence among correctional officers, which has resulted in the serious injury and deaths of inmates. 

“The DOJ’s claim that the ‘ADOC …  has not taken meaning[ful] steps or other emergency measures to address the understaffing’ is simply false,” ADOC said in the statement, adding that in 2018 a federal judge accepted the department’s plan to hire additional staff. 

It has been more than two years since U.S. District Judge Myron Thompson ordered the ADOC to hire an additional 2,000 correctional officers by 2022.

We are disappointed in the surprise manner in which the DOJ orchestrated the release of this letter, which hinders the progress made by our Department to address the long-standing challenges facing our correctional system."

“Since then, they have increased correctional staff by only 147 officers,” said attorneys for the plaintiffs in the lawsuit in a filing on June 24. The Southern Poverty Law Center and the Alabama Disability Advocacy Program, the plaintiffs, filed the 2014 suit arguing the state was indifferent to the health of inmates dying by suicide in greater and greater numbers. 

Both Ivey and ADOC in their statements mentioned infrastructure investment as important steps to addressing the DOJ’s concerns. Ivey’s plan to build three new mega-prisons through a build-lease proposal continues to move forward. 

Rep. Chris England, D-Tuscaloosa, is a member of Ivey’s Study Group on Criminal Justice Policy, which was formed in 2019 to study the state’s failing prison system and suggest legislative fixes. The group in January made a series of recommendations but COVID-19 brought an end to this year’s Legislative session without the bills that those suggestions produced coming up for votes.

England in a Tweet Friday expressed concern about spending billions on new prisons, and reiterated his previous calls for Ivey to call a special session to address the state’s prison crisis.

“After two DOJ reports detailing how bad our prisons are, are we really going to give the same @ALCorrections that is failing miserably to manage our current prisons over 2 billion dollars to build new ones? Seriously? We need a special session @GovernorKayIvey.”

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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