Autauga County Sheriff Mark Harrell recently released a statement that he had filed suit against the county commission, alleging a refusal to address mold and other issues he believes to be a public health crisis, nearly one year after evacuating the building over concerns.
Harrell evacuated the jail in June 2024, saying he has a "moral obligation for the safety, health and security of all individuals who come through the doors of the Autauga County Metro Jail."
Harrel placed the responsibility for the jail's conditions on the Autauga County Commission, claiming it would have to improve before employees or inmates would return to the facility.
According to Harrell, the Autauga County Commission has consistently failed to adequately address the safety concerns, which mainly stem from the prolific presence of black mold and water damage in the building.
Since then, Harrell claims to have encountered resistance from the commission in remediating the ongoing health hazards, leading him to file a suit.
"For more than a year I have tried to work with the Autauga County Commission to obtain the mold remediation, funding and completion on the Autauga County Metro Jail," Harrell said in a statement. "I have made numerous requests to the Commission which have either been denied or ignored."
"Perhaps most significant, is the fact that the Commission, for whatever reason, has just failed to provide communication on the many issues regarding the jail and the remediation of the jail that has been ongoing since I had to evacuate the Autauga County Metro Jail almost one year ago because of the health and safety concerns as a result of the presence of 'black mold' and other issues," he added.
Harrell continued, "I am disappointed to report that most of our requests have either not been responded to, or denied. We have sought to avoid litigation and to achieve meaningful communication on many issues. When all else failed, I have requested that my attorneys prepare litigation to assist in achieving the necessary meaningful communication and other matters set forth in the complaint which I have now filed. While I will not comment further on this active litigation, all of the matters that need to be addressed are set forth in that complaint. I am deeply saddened that we have had to take this remedy in order to achieve the benefits that the citizens of this county deserve and are entitled to have."
Harrell also claims in his suit that the commission had also failed to provide funding to increase the number of APOST-certified deputies and replacement vehicles.
"This case involves the negligent or willful refusal of the Defendant, Autauga County Commission and the Defendant Commissioners to follow their statutory mandated duties to maintain the Autauga County Metro Jail," the lawsuit reads. "Further at the heart of this suit is the Autauga County Commission's apparent willful refusal to follow their statutory mandated duty to provide the Sheriff of Autauga County, Alabama, with all necessary funds to fulfill his statutory mandated duties."
The suit, filed in Autauga County Circuit Court, seeks a judgment against the commission and asks the court to compel it to provide the Sheriff's office with sufficient funding to remediate the health concerns, maintain jail security, and provide adequate staffing.
The county commission did not immediately respond to inquiries from 1819 News following the suit's announcement.
Harrell's initial evacuation last year drew massive headlines.
Shortly after the evacuation, the jail and courthouse underwent testing to measure the proliferation and damage caused by mold and other hazards. Both the county commission and Harrell commissioned separate testing from different companies to test the level of contamination, with both presenting seemingly conflicting reports.
Childersburg-based A Plus Cleaning & Restoration conducted the study on behalf of the sheriff's office, and the commission used Montgomery-based Environmental Materials Consultants (EMC) to study the mold.
The A Plus report states that mold had affected nearly every area of the jail and that evacuation was necessary. There was no troubling concentration of airborne mold spores found in A Plus' tests. However, A Plus stated that mold spores only go airborne after eliminating the moisture source. The moisture is due to a dysfunctional HVAC system that has been unaddressed for years.
The report also states that several areas in the jail contain Stachybotrys, also called black mold. Black mold is commonly recognized as the most dangerous mold species. Spores from this mold produce mycotoxins, poisonous to humans if inhaled, eaten or touched.
In contrast, the EMC report gave a more vague description of the mold problem, opining in the report that most mold is normal and does not elicit negative health consequences.
"Mold is present in most environments around the world," the EMC report states. "There are thousands of types of mold with many types of subspecies. Everyone is exposed to molds spores in office buildings, stores, restaurants, in their homes and every day in the natural environment. The types of mold identified at the time of this assessment are very typical and extremely common for most indoor air environments, especially in Alabama. Most individuals with healthy immune systems do not exhibit health concerns or reactions under certain conditions and where spore counts stay within a normal or average range."
The EMC report acknowledged the presence of black mold but called it "rare."
Both companies suggested repairs to the HVAC system and other safety procedures, with A Plus recommending a more thorough and extreme treatment plan. EMC did not state if they believed the building should be evacuated. However, it did agree with A Plus in suggesting proper PPE, including N95 masks or respirators and disposable clothes, be worn by any individuals in the building until repairs are made.
Both companies also observed the Autauga County Courthouse. Similarly, EMC claimed no visible mold was present, while A Plus said some mold was present. EMC stated it found "dusty conditions" on air diffusers and suspended ceiling tiles outside the courtroom, while A Plus stated mold dust and debris on all the vents. A Plus also recommended replacing interiorly insulated ductwork and all porous materials affected by mold, including ceiling tiles, sheetrock, clothing, and other organic materials.
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