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Prisoners quarantined at formerly closed prison kept in unconstitutional conditions, groups say

Conditions are so bad that inmates have been forced to urinate and defacate on themselves because restrooms are not accessible, the complaint alleges.

Eddie Burkhalter

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The male intake area at an ADOC facility. (VIA ADOC)

The Alabama Department of Corrections is violating the constitutional rights of inmates being quarantined in deplorable conditions in the previously decommissioned Draper prison, several civil rights groups wrote in a letter to the state’s prison commissioner.

The ACLU of Alabama, the Southern Center for Human Rights, Alabama Appleseed and other groups in a letter to Alabama Department of Corrections Commissioner Jeff Dunn on Thursday detail those conditions, which include no indoor toilets or running water, repeated power outages, deprivation of regular showers and the requirement of incarcerated men to urinate in “styrofoam cups and plastic water” bottles.

“These conditions fail to meet the most basic constitutional standards and present a substantial risk of serious harm to people already suffering from a potentially fatal disease,” the letter reads. “We therefore request that you immediately cease using Draper to house and/or quarantine COVID-19 patients, and instead house them in medically appropriate settings in accordance with Eighth Amendment standards.”

The groups note that Draper was closed after the U.S. Department of Justice, during its investigation of violence in Alabama prisons, noted Draper as exceptionally “dangerous and unsanitary” with “open sewage” near the entrance, rat and maggot infestations and “standing sewage water on the floors.”

In October 2017, the Justice Department informed ADOC of the department’s shock at the state of the facility and a month later ADOC’s engineer concluded that Draper was “no longer suitable to house inmates, or to be used as a correctional facility,” the letter states.

ADOC reopened a portion of Draper earlier this year to house incoming inmates from county jails being quarantined amid the COVID-19 pandemic, but the civil rights groups note in the letter that ADOC failed to indicate plans to also use a classroom without bathrooms, running water or adequate medical care at Draper to house COVID-19 patients from other state prisons.

The groups allege in the letter that approximately 15 cots are located in the approximately 500 square feet former classroom, where at any given time between 5 and 15 inmates are being kept. The only restroom facilities the men can use are portable bathrooms outside, and the men have to “bang on the classroom windows to get officers’ attention.”

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“Though officers sometimes escort the men when asked, they decline at other times and fail to maintain a schedule; thus, the men do not have access to bathroom facilities when needed,” the letter reads, adding that the men aren’t allowed to use the outdoor restrooms between 10 p.m. and 6 a.m.

“We have further reason to believe that one man was permitted to use the bathroom only three times during a 13-day quarantine. Another man was not taken to the bathroom until his third day at Draper, while another was forced to urinate on himself on multiple occasions after being denied bathroom access,” according to the letter. “One man suffering from diarrhea was forced to wait hours to use the restroom to defecate. Many others could only relieve themselves into styrofoam cups, plastic bottles, portable urinal containers, or trash cans.”

“They had to hold onto urine-filled bottles for hours at a time until they were allowed to leave the classroom to empty them. It is also our understanding that some men held in these conditions did not receive bottles at all; correctional officers simply told these men that they were ‘out of luck,’” the letter continues.

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The letter also details instances of alleged inadequate medical care, including a man who was sent to a local hospital with heart attack symptoms after not receiving his heart medication for several days.

The groups are also unaware of any Inmates leaving Draper who were tested for COVID-19 before being returned to Elmore and Staton prisons, the letter also states.

“We also have reason to believe that many of the symptomatic men at Staton and Elmore have not reported their symptoms to prison staff for fear of being held at Draper in the deplorable conditions described above,” the letter continues.

APR has learned from several sources in recent weeks, who asked not to be identified because they have loved ones in Alabama prisons and are fearful of retributions for speaking out, that many inmates who have symptoms of COVID-19 aren’t reporting those symptoms to prison staff for fear of being quarantined. Those family members are concerned that the disease is spreading much more broadly in Alabama prisons than is known as a result, putting their loved ones at greater risk of contracting the deadly disease.

Many of the concerns expressed in the letter were first reported by AL.com reported on Sept. 13, which found that access to medical care in Draper is limited and the conditions unsanitary.

In a response to AL.com’s questions for that article, an ADOC spokeswoman wrote that inmates at Draper have access to “medical and mental health care, telephones, law library, mail services, and showers.”

“Please remember — Inmates remanded to our custody have been convicted of a crime and handed a sentence to serve time as determined by a court. The unfortunate reality is that he or she, as a result of the crime committed and subsequent conviction, loses his or her freedoms,” ADOC said in the responses.

“This response is unacceptable as a matter of principle, and inadequate as a matter of law,” the letter from the civil rights group states.

“As ADOC knows, the fact of a criminal conviction does not strip incarcerated people of their rights under the Eighth Amendment, nor does it relieve ADOC of its constitutional obligations to the people in its custody, which are to provide them with ‘humane conditions of confinement,’ ‘adequate food, clothing, shelter, and medical care,’ and ‘reasonable safety,’” the letter continues.

On Sept. 16, ADOC reported that there have been 403 confirmed COVID-19 cases among inmates, 21 deaths of inmates after testing positive for COVID-19, and 375 cases among prison staff. Two prison workers have died from COVID-19, ADOC previously said.

As of Sept. 14, there had been 1,954 inmate tests for coronavirus, out of the approximately 22,000 state inmates, according to ADOC.

ADOC on Sept. 16 said that on Thursday the department was to begin rolling out a plan to provide free COVID-19 tests to ADOC staff and contracted healthcare staff using fixed and mobile testing sites.

“In addition, we will test all inmates in facilities that house large numbers of inmates with high risk factors as an enhancement to our current testing protocols,” ADOC said in a press release.

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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Elections

Coalition of attorneys general file opposition to Alabama attempt to ban curbside voting

The AGs argue that Alabama’s suggestion to the courts that curbside voting invites fraud is “unfounded.” 

Eddie Burkhalter

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(STOCK PHOTO)

A coalition of 17 state attorneys general have filed an opposition to Alabama’s attempt to get the U.S. Supreme Court to ban curbside voting. 

In a friend-of-the-court brief, led by District of Columbia Attorney General Karl Racine, the attorneys general argue to that curbside voting is safer for those at greatest risk from COVID-19, and that a ban on the practice would disproportionately impact the elderly, the disabled and Black Alabamians.

They also argue that Alabama’s suggestion to the courts that curbside voting invites fraud is “unfounded.” 

“The Presidential Advisory Commission on Election Integrity, established by President Trump following the 2016 election, ‘uncovered no evidence to support claims of widespread voter fraud,’” the brief states, adding that there is no evidence that curbside voting in the many states that allow it invites fraud. 

“The practice is longstanding and widespread—as noted, more than half of states have historically offered curbside voting in some form,” the brief continues. 

Alabama Attorney General Steve Marshall on Oct. 13 said the state will appeal to the U.S. Supreme Court a federal appeals court ruling allowing curbside voting in the Nov. 3 election. 

A panel of federal appeals court judges on Oct. 13 reversed parts of U.S. District Judge Abdul Kallon’s Sept. 30 ordered ruling regarding absentee voting in the upcoming Nov. 3 elections, but the judges let the previous ruling allowing curbside voting to stand. 

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The lawsuit, filed by the NAACP Legal Defense and Educational Fund, Southern Poverty Law Center, American Civil Liberties Union, ACLU of Alabama and Alabama Disabilities Advocacy Program, was brought on behalf of several Alabamians with underlying medical conditions. 

“Curbside voting is a longstanding, secure voting option that local jurisdictions have made available to protect the health of vulnerable voters, including elderly, disabled, and voters with underlying health issues,” Racine said in a statement. “Curbside voting minimizes the risk to persons who are particularly susceptible to COVID-19, and local jurisdictions should be able to offer this common-sense accommodation to voters. State Attorneys General will keep fighting to ensure that voters can safely make their voices heard at the ballot box this November.”

The brief filed by the coalition of state attorneys general comes as the number of COVID-19 hospitalizations across Alabama has been ticking upward.

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Racine is joined in the brief by attorneys general from California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia and Washington.

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Elections

Tuberville, Sessions campaign together

The two former Republican primary opponents participated in a series of campaign events across the Tennessee Valley area.

Brandon Moseley

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Former Sen. Jeff Sessions, left, and Senate candidate Tommy Tuberville, right.

The Tommy Tuberville for U.S. Senate campaign released a social media video Thursday featuring Tuberville alongside former U.S. Sen. and Attorney General Jeff Sessions. The two former Republican primary opponents had participated in a series of campaign events across the Tennessee Valley area.

Tuberville and Sessions on Wednesday met with representatives of Huntsville’s defense and technology sectors, participated in an event sponsored by the Republican Women of Huntsville and headlined multiple campaign fundraising events.

Sessions said, “Tommy, I support you 100 percent. Alabama must send you to represent us in the Senate. We cannot allow a Chuck Schumer acolyte – Doug Jones – to represent Alabama in the Senate.”

“You see it on his vote on the judges and Kavanaugh and the way he’s behaved about the new nominee, so I think … it would be shocking that Alabama would reelect a Doug Jones,” Sessions continued. “I know you’re going to win. I feel really good about it, and I’m glad that you’re traveling the state hard and that you’re here in this important community.”

The night after Tuberville won the Republican primary runoff election, Sessions committed to doing his part to help defeat Jones and reclaim the Senate seat for the ALGOP.

“After we won the runoff, Jeff Sessions called and told me, ‘Coach, I’m all in,’ and today’s joint events certainly demonstrate that he is a man of his word,” Tuberville said following the video shoot. “Jeff Sessions understands that it’s time we once again had a U.S. senator whose votes reflect our conservative Alabama values, not the ultra-liberal Hollywood and New York values of Doug Jones’s high-dollar, out-of-state campaign donors.”

Tuberville faces a determined Jones, who is flooding the airwaves with ads. Democrats are desperate to hold on to Jones’ seat, believing that his seat could tip control of the Senate to the Democrats.

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Democrats hope to hold onto their control the U.S. House of Representatives and a recent poll by Rasmussen shows Democratic presidential nominee Joe Biden with a five point lead over incumbent Donald Trump.

Sessions left the U.S. Senate to accept an appointment as Trump’s first attorney general.

Jones defeated former Chief Justice Roy Moore to win the seat in the special election.

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Sessions was fired by Trump in 2018 and announced his candidacy for Senate the day before qualifying ended. Tuberville had already spent ten months on the campaign trail at that point.

Tuberville defeated Sessions, Moore, Congressman Bradley Byrne, State Rep. Arnold Mooney and businessman Stanley Adair in the crowded Republican primary. Tuberville is a former Auburn University head football coach. He also coached Texas Tech, Cincinnati and Ole Miss. Tuberville won a national championship as the defensive coordinator at the University of Miami. Tuberville lives in Auburn.

The general election is Nov. 3.

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Education

Report: Alabama is fourth-least politically engaged state in 2020

The study scored states based on 11 key indicators of political engagement. Those included things like voter turnout, political donations and voter accessibility policies.

Micah Danney

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(STOCK PHOTO)

Alabama was ranked fourth from last in political engagement in the country in 2020 in an analysis done by the personal finance website WalletHub.

The study scored states based on 11 key indicators of political engagement. Those included things like voter turnout, political donations and voter accessibility policies.

A record 137.5 million Americans voted in the 2016 presidential election, but that only accounts for 61.4 percent of citizens who are old enough to vote. The U.S. ranks 26 in voter turnout among the world’s 35 developed nations. 

“That’s no surprise, considering most states don’t emphasize civic education in their schools,” the report points out. “Large proportions of the public fail even simple knowledge tests such as knowing whether one’s state requires identification in order to vote.”

One of the study’s metrics where Alabama scored lowest was the percentage of the electorate that voted in the 2016 election, which was 57.4 percent. That number is low, said Jill Gonzalez, a WalletHub analyst, and is 4.5 percent lower than it was in the 2012 presidential election.

She said that other factors responsible for the state’s low rank were its preparedness for voting in a pandemic and the low percentage of residents who participate in local groups or organizations.

The report’s assessment of the state’s preparedness for voting in a pandemic included voting accessibility metrics.

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“Alabama actually received a negative score here because of the unnecessary obstacles created for voter access, such as: voters need a notary or two witnesses to complete an absentee ballot, voters are required to provide a copy of a photo ID for the mail application and/or ballot, and mail ballots are due before close of polling,” Gonzalez said in an email.

She said that states ranked at the top of the list, like first-place Maine, have higher engagement due to measures taken by state legislatures. 

“Making it easy for people to vote increases engagement,” Gonzalez said. “This can be done through things like automatic voter registration, early voting, or voting by mail. The existence of local civic organizations involved in voter mobilization also plays a part in this.”

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A federal judge ordered Alabama on Sept. 30 to do away with its witnesses or notary requirement for mail-in ballots, and to allow curbside voting for the Nov. 3 election. An appeals court reversed the former ruling on Tuesday, a decision which Alabama Secretary of State John Merrill applauded. It upheld the latter decision, about which Merrill said, “we intend to appeal to the Supreme Court to see that this fraudulent practice is banned in Alabama, as it is not currently allowed by state law.”

Metrics where Alabama ranked below average, with a score of one being best and 25 being average, were as follows:

  • 26th in percentage of registered voters in the 2016 presidential election
  • 35th in voter accessibility policies
  • 37th in percentage of the electorate who voted in the 2018 midterm elections
  • 38th in total political contributions per adult population
  • 42nd in percentage of the electorate who voted in the 2016 presidential election
  • 45th is the change in the percentage of the electorate who actually voted in the 2016 elections versus the 2012 elections

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Elections

Alabama Retail Association endorses Mike Rogers

“Proud to receive the endorsement of the Alabama Retail Association’s PAC!” Rogers said.

Brandon Moseley

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Congressman Mike Rogers

Congressman Mike Rogers, R-Alabama, this week thanked the Alabama Retail Association for their recent endorsement. Rogers is seeking his tenth term representing the 3rd Congressional District.

“Proud to receive the endorsement of the Alabama Retail Association’s PAC!” Rogers said. “Through sales of food, clothing, furniture, medicine and more, the retailers’ 4,300 independent merchant and national company members touch almost every aspect of daily living.”

Rogers was first elected in 2002 after previous service in the Alabama House of Representatives and the Calhoun County Commission. He currently serves as ranking member of the Committee on Homeland Security and is a senior member of the House Armed Services Committee. Mike also serves as a member of the Strategic Forces subcommittee.

Rogers summarizes his conservative ideology with the old adage “the government that governs best, governs least.”

Rogers is a graduate of Saks High School and earned both his undergraduate degree in political science and masters of public administration at Jacksonville State University. He was a practicing attorney and is a small business owner in Calhoun County.

Rogers faces Democratic nominee Adia Winfrey in the Nov. 3 general election.

The Alabama Retail Association represents retailers, the largest private employer in the state of Alabama, before the Alabama Legislature and the U.S. Congress. Through sales of food, clothing, furniture, medicine and more, the association’s 4,300 independent merchant and national company members touch almost every aspect of daily living.

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Rogers is a sixth generation East Alabamian and native of Calhoun County. He has been married to his wife, Beth, for 35 years. They have three children. Mike grew up in the small mill village of Blue Mountain. His mother worked in the local textile mill and his father was a firefighter.

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