Who: Freedom fighters inside Alabama prisons, Alabama women and children with incarcerated loved ones, Local and National Prison Slavery Abolition Organizations What: “Alabama to DC: End Prison Slavery” Rally and press conference with speeches from inside, banners, personal stories, music When: Friday, September 20, 2019, 4 PM to 6 PM Where: Pershing Park, corner of 14th St NW & Pennsylvania Ave NW, Washington DC
Washington DC — On September 20, Unheard Voices OTCJ, along with DC Abolition Coalition and allies will gather from 4 PM to 6 PM with a delegation of women and children from Alabama who have been personally impacted by the Alabama DOC to confront the Department of Justice for their inaction after finding ongoing, egregious 8th amendment violations in Alabama prisons earlier this year. As one voice from the inside declares, “the prisons in Alabama are functioning in the same exact manner. Men are being murdered, assaulted, raped, overdosing and being denied mental and medical care constantly. These conditions have become frequent and ADOC is failing to report the many incidents that take place in order to gain favor in the eyes of the Federal agencies involved in investigating ADOC and to gain favor with you, the public.”
We demand that the DOJ follow through on their commitment to file suit against the Alabama prison system! We demand that U.S. Attorney General William Barr uphold his oath of office. We demand #NoNewPrisons!
We know that Alabama politicians and Alabama Attorney General Jay Town are not going to protect the rights of incarcerated individuals and hold their own accountable and prosecute the civil rights violations of prisoners and criminal activities of the ADOC. We know that their priority is only building three new private prisons which will exacerbate the human rights abuses and expand prison slavery in Alabama.
Those gathered at this family-friendly event will amplify the cry heard from behind the walls: “We are MEN!” These words are an echo of those spoken on the first day of the 1971 Attica Rebellion — a reminder of our past, a call to action, and an insistence on the humanity of incarcerated individuals whose constitutional rights require equal protection and enforcement by the Department of Justice.
Twenty U.S. states’ constitutions, including the Constitution of Alabama, contain the same shortcoming found in the Thirteenth Amendment to the U.S. Constitution. They permit slavery, or in the case of Louisiana, “involuntary servitude,” as punishment for a crime.
Banning slavery is not simply a formality. U.S. prisons market the labor of prisoners and have created financial incentives to maintain that labor force. While prisoners may benefit from training, and may prefer employment to doing nothing, they and society as a whole do not benefit from labor without a living wage, labor without workers’ rights, labor that undermines others’ wages, and labor that creates motivations to keep more people in prison longer.
Paying prisoners for their labor enables them not only to better provide for themselves while in prison, but also to pay bills and unpaid court fees that may have landed many of them in prison in the first place. Compensating prisoners for their labor through a legitimate “Work Time” system that reduces their sentence grants hardworking prisoners the opportunity to be reviewed early by parole boards — which also helps state taxpayers.
As a constituent, I urge you to take immediate action to amend our state constitution to ban slavery and involuntary servitude as punishment for a crime, and in all circumstances. While Colorado has amended its Constitution to ban slavery entirely, our state lags behind. Our current Constitution protects and promotes the legal exploitation of people’s labor and human dignity and should be amended immediately.
After signing the petition, please use the tools on the next webpage to share it with your friends.
P.S. RootsAction is an independent online force endorsed by Jim Hightower, Barbara Ehrenreich, Cornel West, Daniel Ellsberg, Glenn Greenwald, Naomi Klein, Bill Fletcher Jr., Laura Flanders, former U.S. Senator James Abourezk, Frances Fox Piven, Lila Garrett, Phil Donahue, Sonali Kolhatkar, and many others.
1. Rhode Island has banned slavery in its Constitution since 1843. Twenty-seven states’ constitutions don’t mention slavery. Vermont’s Constitution allows slavery for people under 21 years old or consenting to it or enslaved for payment of debts, damages, fines, or costs. These are the 20 states that allow slavery as punishment for crime: Alabama, Arkansas, California, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oregeon, Tennessee, Utah, and Wisconsin. The state of Colorado has removed itself from that list.
A federal judge has determined that the risk of suicide among state prisoners in Alabama “is so severe and imminent” that he ordered the state’s Department of Corrections to immediately implement permanent mental health remedies to address “severe and systematic inadequacies.”
The decision by Judge Myron Thompson on Saturday, comes after 15 prisoners killed themselves in the span of 15 months.
In a 210-page ruling that includes summaries of the circumstances leading to each of the inmate suicides, Thompson agreed with prisoners’ attorneys that the spike had reached crisis levels, a result of what he previously said are “horrendously inadequate” mental health services provided to inmates.
In addition to ordering the Alabama Department of Corrections to comply with a host of court ordered measures he issued in a 2017 ruling, Thompson also required the state to establish an internal monitoring system and said the court will appoint an interim external monitor to oversee the department’s progress.
“The more someone fails to do something he agreed to do, the bigger the need to supervise whether he does it in the future,” Thompson wrote, adding that existing monitoring efforts “have been too little, too late.”
Five of the 15 suicides occurred between January and March this year. In one instance a prisoner with “severe mental illnesses, as well as intellectual and physical disabilities” killed himself 10 days after testifying in court that he had not received adequate treatment, according to the documents. In another, a man hanged himself roughly 12 hours after being transferred from mental health observation to a segregated cell, rather than being placed on suicide watch.
Although ADOC acknowledged in the court documents that persistent and severe correctional understaffing has significantly contributed to its noncompliance, attorneys had argued that prison officials were working on a plan to reduce the rash of suicides.
“The defendants argue that they cannot prevent all suicides in ADOC. It is true that, as in the free world, not all suicides can be prevented. But this reality in no way excuses ADOC’s substantial and pervasive suicide-prevention inadequacies. Unless and until ADOC lives up to its Eighth Amendment obligations, avoidable tragedies will continue,” Thompson wrote.
Lawyers from the Southern Poverty Law Center and the Alabama Disabilities Advocacy Program, which represent prisoners in the ongoing case, welcomed the increased oversight.
“The court’s opinion recognizes the urgency of the situation facing ADOC. The system remains grossly understaffed and people are dying as a result,” Maria Morris, senior supervising attorney at the SPLC told Mary Scott Hodgin, reporter for NPR member station WBHM.
“The time has long since come for ADOC to comply with its constitutional obligations, Morris added in a written statement.
Last month, the U.S. Department of Justice determined the state “routinely violates the constitutional rights of prisoners by failing to protect them from prisoner-on-prisoner violence and sexual abuse,” NPR’s Debbie Elliott reported.
The immediate steps ordered by Thompson were intended to address specific failures by the ADOC. They include adequately-trained personnel for suicide risk assessments; placing people who are suicidal or potentially suicidal on suicide watch; following up with inmates released from suicide watch; and limiting segregated confinement for prisoners released from suicide watch.
Additionally, ADOC must enforce existing policies, including 30-minute check-ins on people in segregation, where most of the suicides occurred, and requiring that staff take immediate life-saving measures when they find an inmate attempting suicide, including immediately cutting down inmates who have hanged themselves.
A trove of photographs depicting brutalized and murdered prisoners in Alabama’s St. Clair Correctional Facility has thrust the treatment of our nation’s 2.3 million incarcerated people into public view. The first horror is what these people have endured in prison. The second horror is that while shocking, it is not a surprise.
As a lawyer who has represented prisoners for more than two decades, I have come to expect such violence and degradation of human beings held in appalling conditions like those seen in these photos. The only thing that’s unusual is that, for a brief moment at least, the curtain has been pulled aside and the everyday brutality of our prisons laid bare for all to see.
Transparency is like daylight — applied directly, it can be a disinfectant. And to protect the health and lives of incarcerated people across our country we need full transparency of how they are treated.
That is not the case currently. Prisons are closed institutions, literally walled off from public view. To some extent, this is unavoidable and understandable. While journalists and members of the public can freely wander into the Department of Motor Vehicles, in prisons safety and security considerations preclude similarly unfettered access. Those same considerations require some monitoring and control of communications between prisoners and the outside world.
But to a large extent, the hidden nature of U.S. prisons represents a deliberate policy choice — one that is unique among the democracies we think of as our peer nations.
Many countries have an independent national agency that monitors prison conditions and enforces minimal standards of health, safety, and humane treatment. In Great Britain, Her Majesty’s Inspectorate of Prisons has the power to conduct unannounced inspections of all prisons; a similar agency operates in Canada. In countries that have ratified the Optional Protocol to the Convention Against Torture(OPCAT), prison monitoring by a national oversight body is supplemented by periodic visits by the United Nations Subcommittee on Prevention of Torture.
By contrast, the United States has no independent national agency that monitors prison conditions. The U.S. also has not ratified OPCAT or any other treaty that would provide for outside monitoring. The bipartisan Commission on Safety and Abuse in America’s Prisons concluded that “[f]ew [U.S.] states have monitoring systems that operate outside state and local departments of corrections, and the few systems that do exist are generally underresourced and lacking in real power.”
Perhaps for this reason, the main vehicle for oversight of conditions in U.S. prisons has been the federal courts. Litigation can permeate prison walls and allow us into the housing units and the solitary confinement cells where prisoners live and die. It allows us to review videos and records otherwise shielded from public view. It allows us to compel prison officials to testify publicly and under oath.
But the federal courts’ oversight role has been sharply limited by the 1996 Prison Litigation Reform Act (PLRA). The PLRA subjects lawsuits brought by prisoners in the federal courts to a host of burdens and restrictions that apply to no other litigants. Consequently, there has been a significant decline in judicial oversight of prison conditions. Between 1995 and 2000 alone, the number of states with fewer than 10 percent of their prison populations under court supervision more than doubled, from 12 to 28.
The lack of public knowledge about our prisons has real costs. Most obviously, a lack of oversight facilitates neglect and mistreatment of prisoners and prevents accountability when such misconduct occurs. But there are other consequences as well. Prisons represent the ultimate in big, coercive government — in many states, they represent one of the largest line items in the state budget. They are empowered to confine thousands of people against their will for years or decades and, in some circumstances, to use lethal force against them.
Given these high stakes and the potential for abuse, prisons should be subject to the most exacting scrutiny and public oversight. The reality, though, is just the opposite. Prisons are among the least transparent and accountable government agencies.
Many states ban in-person interviews with prisoners, and prison officials have barred specific journalists whose reporting they considered too critical. Some states have amended their freedom of information laws to limit their application to prisons, even barring prisoners from submitting requests. The federal prison system enacted a rule banning prisoners from publishing their writings under a byline; the rule was later invalidated by a federal court. Arizona went so far as to pass a law making it a crime for prisoners to post information on the internet; that statute, too, was overturned as a violation of the First Amendment.
As long as the public is kept in the dark, horrors like those at the St. Clair Correctional Facility will continue unseen. Increased transparency and oversight are just first steps in correcting the dreadful conditions in our prisons, but make no mistake — the need for them is as immediate as it is urgent.
The contraband is scary enough: Homemade knives with grips whittled to fit particular hands. Homemade machetes. And homemade armor, with books and magazines for padding.
Then there is the blood: In puddles. In toilets. Scrawled on the wall in desperate messages. Bloody scalps, bloody footprints, blood streaming down a cheek like tears.
And the dead: a man kneeling like a supplicant, hands bound behind his back with white fabric strips and black laces. Another, hanging from a twisted sheet in the dark, virtually naked, illuminated by a flashlight beam.
These were ugly scenes from inside an American prison, apparently taken as official documentation of violence and rule violations.
Prisons are the black boxes of our society. With their vast complexes and razor wire barriers, everyone knows where they are, but few know what goes on inside. Prisoner communication is sharply curtailed — it is monitored, censored and costly. Visitation rules are strict. Office inspections are often announced in advance.
So when prisoners go on hunger strikes or work strikes, or engage in deadly riots, the public rarely understands exactly why. How could they? Many people harbor a vague belief that whatever treatment prisoners get, they surely must deserve. It is a view perpetuated by a lack of detail.
But some weeks ago, The New York Times received more than 2,000 photographs that evidence suggests were taken inside the St. Clair Correctional Facility in Alabama. Some show inmates as they are being treated in a cramped, cluttered examination room. Others are clinical: frontal portraits, close-ups of wounds.
It is hard to imagine a cache of images less suitable for publication — they are full of nudity, indignity and gore. It is also hard to imagine photographs that cry out more insistently to be seen.St. Clair is the most violent prison in Alabama, which has the country’s highest prison homicide rate, according to the Equal Justice Initiative.
As I scrolled through them, shock rose from my gut to my sternum. Was I looking at a prison, or a 19th-century battlefield? Those pictured betrayed little emotion and certainly none of the bravado broadcast by their tattoos: South Side Hot Boy, Something Serious, $elfmade.
After considering the inmates’ privacy, audience sensibilities and our inability to provide more context for the specific incidents depicted, The Times determined that few of these photos could be published. But they could be described.
For years there have been complaints that St. Clair inmates are heavily armed — some for self-protection — and allowed to move freely about the compound. In fact, St. Clair is more deadly now than it was in 2014, when the Equal Justice Initiative brought suit against it for failing to protect prisoners. There have been four stabbing deathsthere in seven months.
Last June, the group said the prison was failing to comply with a settlement agreement.
Prison officials dispute that, saying the Alabama Department of Corrections is committed to improving safety and security. The department has requested money to raise salaries and increase the number of officers. Multiple law enforcement agencies recently teamed up to conduct a contraband search at St. Clair that recovered 167 makeshift weapons, said Bob Horton, a department spokesman.
But as of October, the prison was still severely short staffed, with more vacancies than actual officers.
A second lawsuit, brought by the Southern Poverty Law Center, a legal advocacy group in Montgomery, says the prisons have failed to provide adequate mental health care. (The photos show a message painted on the wall in blood, with letters about the height of a cinder block. “I ask everyone for help,” it read in part. “Mental Health won’t help.”)
The photos were given to The Times by the S.P.L.C., which said it had received them on a thumb drive.
Bob Horton, a spokesman for the corrections department, said the department could not authenticate the photos.
But Maria Morris, a staff lawyer at the S.P.L.C., said the environment shown looked like St. Clair, and some photos had identifying information that corresponded to known inmates or showed men that the S.P.L.C. recognized as its clients (S.P.L.C. removed the identifying information before giving the images to The Times).
The man who painted the blood on the wall, referred to in the lawsuit as M.P., had schizophrenia and bipolar disorder and repeatedly tried to kill himself. He testified that he had been held in solitary confinement for six years, allowed to exercise one hour a day in ankle shackles.
Ms. Morris has specialized in prisoner’s rights litigation for more than a decade. She hears accounts of rape, beating or stabbing on a daily basis. I asked what it was like for her to see the photographs.
They made it impossible, she explained, to retreat into that small, self-protective corner of her mind — the place where it was possible to imagine that her clients’ stories might not be as bad as they sounded.
“Seeing what had been done to those people’s bodies — it just stripped away all of the numbing,” she said. “It was very painful to see that all of the suffering that I’ve been hearing about and trying to relate to the court — how deep it goes.”
The thumb drive included a document titled “READ ME FIRST” and claiming to be from a corrections officer. It said the photos represented only a “small portion of the injuries from inmate-on-inmate violence in the past three years.”
The writer said that the current legal agreements governing the prison stood no chance of working: “The day-to-day treatment of these men does nothing but foster anger and despair. Until major fundamental changes take place in our sentencing and housing of these men it will only continue to get worse. I can’t help but wonder if the public knows just how bad these men are treated day after day and year after year.”Testimony shows that fires in solitary confinement are common, and are sometimes used to get attention in a medical emergency.
The photos show dozens of wounded men. One had been stabbed at least 10 times. Another had a hole in his lip you could stick a pencil through. A pair of handcuffed wrists displayed 15 precise slashes. There was a recurring palette of pale red and sickly, Mercurochrome yellow. One man’s back had a shiv at least an inch wide still buried in it, right between the shoulder blades.
There were three individuals pictured in a folder called “Dead men” and seven in a folder called “Murders,” all of whom could be identified through news reports, press releases and booking photographs.
But most disturbing were the images that seemed to echo the most painful aspects of African-American history.
Many convincing arguments have been made that our penal system was at least partly designed to extend control of black people and their labor, particularly in the South, where after slavery ended black men were conscripted into chain gangs for offenses like vagrancy and “selling cotton after sunset.”
Amid the St. Clair pictures were 19 taken of a black man who was completely naked but for a pair of handcuffs, photographed from the front, back, left and right. In one frame two white officers, standing guard inches away from him, avert their eyes.
Another image brought to mind the photos of the monstrously disfigured face of Emmett Till, the teenage victim of a 1955 lynching in Mississippi, which galvanized the civil rights movement when they were published by Jet magazine.
Though separated by more than half a century and by a wide gulf in circumstances, the St. Clair photos showed another mutilated, African-American face, this time belonging to Emory Cook, a 54-year-old prisoner killed in a cell three years ago. Under Alabama’s harsh version of a three-strikes law, Mr. Cook had been serving a life sentence for third-degree burglary.
As a prisoner, he was entitled to be protected from harm. He looked like he had been hit with a plank.
Correction: April 1, 2019 An earlier version of this article misidentified the location of the Equal Justice Initiative, a nonprofit civil rights organization. It is in Montgomery, Ala., not Birmingham.
Shaila Dewan is a national reporter and editor covering criminal justice issues including prosecution, policing and incarceration. @shailadewan
One prisoner had been dead for so long that when he was discovered lying face down, his face was flattened. Another was tied up and tortured for two days while no one noticed. Bloody inmates screamed for help from cells whose doors did not lock.
Those were some of the gruesome details in a 56-page report on the Alabama prison system that was issued by the Justice Department on Wednesday. The report, one of the first major civil rights investigations by the department to be released under President Trump, uncovered shocking conditions in the state’s massively overcrowded and understaffed facilities.
Prisoners in the Alabama system endured some of the highest rates of homicide and rape in the country, the Justice Department found, and officials showed a “flagrant disregard” for their right to be free from excessive and cruel punishment. The investigation began in the waning days of the Obama administration and continued for more than two years after Mr. Trump took office.
The department notified the prison system that it could sue in 49 days “if State officials have not satisfactorily addressed our concerns.”
Alabama is not alone in having troubled, violent prisons. But the state has one of the country’s highest incarceration rates and its correctional system is notoriously antiquated, dangerous and short-staffed. The major prisons are at 182 percent of their capacity, the report found, contraband is rampant and prisoners sleep in dorms they are not assigned to in order to escape violence.
“The violations are severe, systemic, and exacerbated by serious deficiencies in staffing and supervision,” the report said, noting that some facilities had fewer than 20 percent of their allotted positions filled. It also cited the use of solitary confinement as a protective measure for vulnerable inmates, and “a high level of violence that is too common, cruel, of an unusual nature, and pervasive.”
State officials said the report addressed issues that Alabama was already aware of and working to fix.
“For more than two years, the D.O.J. pursued an investigation of issues that have been the subject of ongoing litigation and the target of significant reforms by the state,” a statement from the office of Gov. Kay Ivey said. “Over the coming months, my Administration will be working closely with D.O.J. to ensure that our mutual concerns are addressed and that we remain steadfast in our commitment to public safety, making certain that this Alabama problem has an Alabama solution.”
But the report called the state “deliberately indifferent” to the risks prisoners face, and said, “It has failed to correct known systemic deficiencies that contribute to the violence.” Legislative efforts to reduce overcrowding through measures such as reducing sentences were not made retroactive and have had “minimal effect,” the report said.
Alabama’s prisons have for years been the subject of civil rights litigation by the Equal Justice Initiative and the Southern Poverty Law Center, nonprofit legal advocacy groups based in Montgomery. Maria Morris, the lead lawyer for the center’s lawsuit, also disputed the assertion that the problems were being fixed.
“They’re not fixing them,” Ms. Morris said. “They’re giving a lot of lip service to the need to fix them, but the lip service always comes back to we just need a billion dollars to build new prisons and, as the Department of Justice found, that’s not going to solve the problem.”
Alabama inmates continue to die in high numbers. There have been 15 suicides in the past 15 months, and the homicide rate vastly exceeds the national average for prisons.
The department is still investigating excessive force and sexual abuse by prison staff members, an investigation that former federal prosecutors say could lead to criminal indictments.
[Our reporter went inside St. Clair Correctional Facility in Springville, Ala. He found it was “virtually ungoverned” and the inmates were armed.]
Investigators visited four prisons and interviewed more than 270 prisoners. To “provide a window into a broken system,” the report detailed a single week’s worth of injuries and attacks, including days that saw multiple incidents including stabbings, a sleeping man attacked with socks filled with metal locks and another man being forced to perform oral sex on two men at knife point.
The department also concluded that the system does not provide “safe and sanitary” living conditions. Open sewage ran by the pathway that government lawyers used to access one facility, which the state closed soon after the visit. One investigator grew ill from the toxic fumes of cleaning fluids while inspecting the kitchen, the report said.
The report said the state failed to track violent deaths or adequately investigate sex abuse. At least three homicide victims — including one who was stabbed and another who was beaten — were classified as having died from natural causes, the report said. The report listed nine killings in which the victims had been previously attacked or officials had received other warnings that they were in danger.
Sexual assaults occur in “dormitories, cells, recreation areas, the infirmary, bathrooms, and showers at all hours of the day and night,” the report said. Prisons must screen inmates and separate sexually abusive prisoners from those at risk of sexual abuse, particularly gay and transgender people; the report said Alabama does not do so.
Inmates are raped to pay off debts, and one mother told the Justice Department that a prisoner had texted her to say he would “chop her son into pieces and rape him if she did not send him $800,” the report said.
Last month, Governor Ivey warned of “horrendous conditions” in the prisons and an impending federal intervention in her State of the State speech.
Ms. Ivey said the department had increased the prison budget in recent years, given raises to corrections officers and requested $31 million to hire 500 more correctional officers and increase pay in the coming fiscal year.
But Mac McArthur, the executive director of the Alabama State Employees Association, which includes state corrections workers, said attrition was still outpacing recruitment, in part because starting salaries were still below $30,000 a year for some officers, and in part because the job was so dangerous.
The federal investigation was opened during the Obama administration, after the lawsuits over prison abuses and published accounts of endemic brutality, violence and torture. The investigation continued under former Attorney General Jeff Sessions, who had also served as a longtime senator from Alabama.
The report included a series of measures necessary to remedy the constitutional and other violations that regularly occur in the Alabama prison system, including additional screening for those entering the prisons, moving low-risk inmates, hiring 500 additional corrections officers and overhauling disciplinary processes around violence and sexual assault.
Similar federal civil rights investigations have resulted in consent decrees — court-approved deals that include a road map of changes that institutions such as police departments and state correction departments must adhere to in order to avoid being sued.
But in a break with past practice, Mr. Sessions placed three key restrictions on consent decrees. He said that a top political appointee must sign off on any deal. Department lawyers must show proof of violations that go beyond unconstitutional behavior. And the deals must have a sunset date, meaning they can expire before violations have been remedied. The current attorney general, William P. Barr, has not changed Mr. Sessions’s policy.
Mr. Sessions said that the consent decrees interfered with states’ rights, a position echoed by Ms. Ivey in her statement insisting on an “Alabama solution.”
But Vanita Gupta, a head of the civil rights division in the Obama administration and one of the officials who opened the investigation, said that given the pervasive problems and the history of inaction, “nothing short of a comprehensive consent decree will adequately address these constitutional violations.”
The Justice Department declined to comment on whether it would seek a consent decree.
Ms. Ivey is hardly the first governor to reckon with the prison system and its decrepit conditions. Her immediate predecessor, Robert Bentley, pushed a plan for $800 million in bonds to build four new prisons and to close some existing facilities.
But governors have only so much influence in Alabama, and the Legislature balked, especially as a scandal left Mr. Bentley weakened. This year, Ms. Ivey proposed a similar plan for new prisons that state officials hoped would be ready by 2022.
This week Defense Attorney Eric Davis represented Cody Lee Fulgham.
Arrested on November 29, 2016 on 98 counts of Possession of Porn Material, Fulgham could not afford to hire an attorney to represent him. Houston County Distirct Court Judge Benjamin Lewis appointed Attorney Eric Davis to represent Cody Fulgham in Circuit Court.
On May 16, 2016 a Houston County Grand Jury indicted Fulgham. ( Understand – in Alabama Grand Juries are the biggest joke and a ham sandwich could get indicted.)
This week Cody Fulgham went to trial before 20th Judicial Circuit Court Judge Larry Anderson. Davis (Court Appointed) represented him.
The phone in Fulgham‘s possession was not his phone. And evidence did not show that it his phone.
In the end a jury of 12 peers of Cody Lee Fulgham declared a mistrial.
The unfortunate thing is the case will have to be tried again.