U.S. District Judge Myron Thompson has officially ordered the termination of most Department of Justice (DOJ)- mandated oversight provisions of Julia Tutwiler Prison placed on the Alabama Department of Corrections (ADOC) in a 2015 settlement.
In January 2014, the DOJ informed then-Gov. Robert Bentley that it had found evidence of sexual abuse against female inmates in Tutwiler by ADOC guards. The following year, the DOJ filed suit against ADOC, accusing the department of negligence and complicity in the continued abuse, which included rape, fondling, voyeurism and sexually explicit verbal abuse.
The DOJ identified "several systemic failures that led to the pattern of abuse, including ineffective reporting and investigations and no grievance policy." It also claimed Tutwiler failed to hold culpable staff accountable for abuses.
The agreement required that all sexual abuse and l harassment allegations are "promptly, thoroughly and objectively investigated and appropriately referred for prosecutorial review" and that alleged victims are advised of the outcome of their claims. It also required Tutwiler to take appropriate disciplinary action against staff found to have engaged in sexual abuse or sexual harassment or to have violated Tutwiler's sexual abuse and harassment policies.
The agreement also stated that staff will be "trained on how to manage, interact and communicate appropriately with women prisoners and with their lesbian, gay, bisexual, transgender and gender nonconforming prisoners."
After nine years of oversight, the DOJ and ADOC both reached an agreement to petition the federal courts to eliminate 38 of the 44 provisions required in the initial settlement. On Sunday, Thompson officially ordered the provisions be struck down.
"The parties agree that 'the State satisfied, performed consistent with, and otherwise demonstrated sustained compliance with [the terminated sections],'" Thompson wrote. "As such, termination is final, and no party shall have the right to modify or enforce the terminated sections."
It continued, "The United States shall retain all currently existing rights under the consent decree regarding access to the facility, documents, information, inmates, and personnel, provided such access is 'reasonably necessary to evaluate compliance with [the consent decree]' pursuant to consent decree Section VII.A. Further, the United States may move the court to reinstate external monitoring for good cause."
ADOC commissioner John Q. Hamm praised removing the provisions, stating he looked forward to completely eliminating all oversight.
"I am thankful for the men and women who are dedicated to our mission at Tutwiler," Hamm said. "This joint motion to terminate most of the requirements on this consent decree is a credit to our entire team and their dedication to our department and our state. We look forward to ending all court oversight of Tutwiler in the near future."
To connect with the author of this story or to comment, email craig.monger@1819news.com.
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
