Alabama asks judge to dismiss federal prison lawsuit

FILE - In this Dec. 4, 2019, file photo, Sandy Ray, holds photos of her son, Steven Davis, during a press conference at the Alabama Statehouse in Montgomery, Ala. Davis died in 2019 after an altercation with corrections officers at the prison where he was incarcerated. Ray said she has received little information about his death. The U.S. Department of Justice filed a lawsuit Wednesday, Dec. 9, 2020, against Alabama over conditions in the state prisons, saying the state is failing to protect male inmates from inmate-on-inmate violence and excessive force at the hands of prison staff.

MONTGOMERY, Ala. (AP) — Alabama is asking a judge to dismiss a Justice Department lawsuit over state prison conditions, arguing the incidents of violence cited in the case do not rise to the level of a constitutional violation.

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(1) comment

john crowder

The article says, "“Plaintiff’s isolated examples of inmate-on-inmate violence fail to suggest an egregious or flagrant constitutional violation,” a lawyer for the state wrote in the court filing." By this "reasoning," then, only egregious or flagrant CONSTITUTIONAL violations are subject to corrective measures. Lesser CONSTITUTIONAL violations get a pass. And about those violations that resulted in the DEATHS of prisoners--how many such deaths would be required to reach the status of CONSTITUTIONAL violations? How many guard-on-prisoners deaths or excessive force incidents (of which there are many) does it take to reach an UNCONSTITUTIONAL level?

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