A recent order by U.S. District Judge Myron Thompson dismissed both a case and the consent decree, following an agreement between the U.S. Department of Justice (DOJ) and the State of Alabama that terminates the governing terms imposed on the State for over a decade.
In January 2014, the DOJ informed then-Gov. Robert Bentley that it had found evidence of sexual abuse against female inmates in Tutwiler by Alabama Department of Corrections (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 2015 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 reached an agreement to petition federal courts to eliminate 38 of the 44 provisions required under the initial settlement. Those provisions were struck down in October 2024.
Attorney General Steve Marshall announced on Thursday that the DOJ's outstanding requirements have been terminated, and the case against the state was dismissed with prejudice, meaning it cannot be reopened or refiled.
"This judgment marks an important milestone for Alabama," Marshall said. "Over the past decade, the Alabama Department of Corrections has made real, measurable progress in strengthening oversight and safety at Tutwiler, and this judgment reflects that work."
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