A federal judge dismissed a lawsuit last week alleging officials with the Alabama Department of Corrections or a related entity removed and retained a dead inmate's organs.
The lawsuit received national and international news coverage months ago when it was first filed.
"We are pleased, but not surprised, to see this case dismissed. From the initial complaint, it was clear that the plaintiffs lacked any evidence to back up their assertions with respect to the state," William Califf, a spokesman for Alabama Attorney General Steve Marshall said in a statement to 1819 News.
The motion for joint dismissal earlier in April was agreed upon by attorneys for the plaintiffs and attorneys with the Alabama Attorney General's Office and the Alabama Department of Forensic Sciences representing the defendants. A federal judge will still have to sign off on the motion for the case to be officially dismissed.
The plaintiffs in the case were Audrey Marie Dotson and Audrey South, personal representatives of the estate of Brandon Dotson, an inmate who died in November at Ventress Correctional Facility in Clayton.
"Plaintiffs suspected foul play, in part because of the Alabama Department of Corrections' extensive and ongoing violations of basic human and constitutional rights, so they retained Dr. Boris Datnow, an autopsy pathologist, to conduct a second autopsy of Mr. Dotson's body. Upon conducting the autopsy, Dr. Datnow discovered that the heart was missing from the chest cavity of Mr Dotson's body. The Alabama Department of Corrections – or an agent responsible for conducting the autopsy or transporting the body to his family – had, inexplicably and without the required permission from Mr. Dotson's next of kin, removed and retained Mr. Dotson's heart," Lauren Faraino, an attorney for Dotson said in her lawsuit filed in December.
Tara Hetzel, a deputy Alabama Attorney General, said in a March response filing that the complaint is a shotgun pleading because it contains "vague and conclusory allegations."
Dotson Corrections Complaint by Caleb Taylor on Scribd
To connect with the author of this story or to comment, email caleb.taylor@1819News.com.
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