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| AL DOC stays mum on ACLU lawsuit |
| By decaturdaily.com |
| Published: 03/30/2011 |
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The state Department of Corrections is not commenting on an ACLU lawsuit regarding treatment of HIV-infected inmates. “We can’t comment on pending litigation,” said DOC spokesman Brian Corbett. “We do look forward to defending our position in court.” On Monday, the American Civil Liberties Union filed a federal class action lawsuit that accuses the state of discriminating against HIV-infected inmates by segregating them from the general prison population. The lawsuit is on behalf of 10 inmates, including four at Limestone Correctional Facility in Capshaw. Limestone Correctional houses male prisoners with HIV. The lawsuit says there are about 250 HIV-infected inmates in the state’s prison system. According to the lawsuit, HIV-infected inmates must wear an armband publicly identifying them as being HIV positive. The lawsuit also alleges that prisoners with HIV are excluded from residential pre-release units where prisoners near the end of their sentence participate in transition programs to ensure they successfully transition back into the community. The lawsuit states HIV-infected inmates cannot live in faith-based honor dorms or have jobs in the kitchen and elsewhere. Prisoners with HIV in Alabama are also excluded from the community corrections program, which affords qualified prisoners the opportunity to work in the community during the day, the ACLU stated. Former DOC Commissioner Richard Allen told the ACLU in 2008 that segregation is necessary to protect HIV-infected inmates from retaliation by other inmates. He said inmates voted against having HIV-infected inmates working in the prison kitchen. “There is absolutely no legitimate justification for segregating prisoners with HIV from the general prison population,” said Margaret Winter, associate director of the ACLU National Prison Project. “It is more than clear that Alabama can meet its obligation to safely incarcerate prisoners and provide them with necessary medical care without requiring them to forfeit their right to be free from disability-based discrimination. Alabama’s policy, which has been rejected by 48 states, is nothing more than a shameful remnant of an earlier era of ignorance and hysteria about HIV.” The ACLU said Alabama and South Carolina are the only states that segregate HIV-infected inmates in specially designated housing units. Mississippi ended its segregation policy last year when the ACLU and Human Rights Watch released a report documenting the stigma, harassment and systemic discrimination segregated prisoners with HIV face, Winter said. “The policy of segregating prisoners with HIV not only is discriminatory, but it undermines what should be a goal shared by all Alabamians to save valuable taxpayer dollars by reducing the number of people in prison across the state,” said Olivia Turner, executive director of the ACLU of Alabama. “We should be doing everything we can to provide the best possible rehabilitation opportunities to all prisoners in an effort to ensure that they lead healthy and productive lives upon release and don’t end up being reincarcerated.” Read More. |
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