SCHR: Human Rights in Prisons and Jails

 

HAMILTON A & I (AL.)

 

Department of Corrections Sued for Dangerous and Poor Conditions for Elderly, Disabled, and Severely Ill Prisoners

HAMILTON, ALABAMA, February 22, 2005 – Today, attorneys from the Southern Center for Human Rights filed a federal class action lawsuit on behalf of people incarcerated at Hamilton Aged and Infirm Correctional Facility ("Hamilton A&I") in Hamilton, Alabama. The lawsuit states that the Alabama Department of Corrections confines elderly, disabled, and severely ill prisoners in overcrowded, deplorable living conditions and denies them essential medical treatment resulting in unnecessary suffering and, at times, premature death.

Click here for a copy of the Complaint

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The Alabama Department of Corrections is responsible for providing the medical care for aged and infirm prisoners. Only the most elderly, disabled, severally ill or wounded prisoners confined in the Alabama Department of Corrections are housed at Hamilton A&I. Because of their conditions, their survival depends upon constant vigilance, monitoring, and care by competent medical staff. Without competent medical staff, medical treatment, and emergency medical care, the prisoners at Hamilton A&I are susceptible to unnecessary pain and suffering and premature death. Additionally, Hamilton A& I is severely overcrowded. This facility is designed to house a maximum of sixty-seven prisoners, however there are currently three-hundred prisoners housed there, forty-eight of which are housed in a double-wide trailer in the facility's yard.

"The medical treatment and housing conditions for the elderly and sickest prisoners in the Alabama Department of Corrections is deplorable," said, Joshua Lipman, one of the attorneys for the Plaintiffs. "The Constitution of the United States requires minimal medical treatment to prevent the unnecessary suffering of prisoners, and the medical treatment at Hamilton A&I is far below even the minimal standard and violates the Constitution."

The medical care the Alabama Department of Corrections provides to prisoners at Hamilton A&I is grossly inadequate. There is no permanent, full-time physician or dentist on staff at this facility nor is there an adequate number of trained medical staff. The facility’s response to aged and infirm medical emergencies that regularly arise are inadequate and untimely. There are lengthy delays in providing appropriate medical treatment for prisoners with severe injuries, and minimal physical therapy which cripples handicapped prisoners and stroke victims. This inadequate medical care accelerates the progression of diseases and infirmities which cause death.

Some of the more egregious consequences of the lack of care include the following:

  • The sickest and most infirm prisoners, many of whom are unable to get out of bed without assistance, are housed in the prison's overcrowded infirmary. When there is a medical emergency in the infirmary, the prisoners must pound on the door leading to the nursing station and often the correctional staff will not respond.
     
  • Prisoners often provide medical care to other prisoners. Prisoners change colostomy bags, bandages, and soiled diapers without any training.
     
  • In violation of the Americans with Disabilities Act, the van used to transport prisoners to the dentist or medical specialists is not handicap accessible. Handicapped prisoners must crawl or climb into the van without assistance from guards or staff.

 

Attorneys are asking the Court to require the Alabama Department of Corrections to immediately provide aged and infirm prisoners at Hamilton A&I Correctional Facility with access to a full-time, permanent physician and dentist stationed at the facility; adequate and appropriate emergency care; adequate access to medical specialists; and adequate housing which conforms with the Americans with Disabilities Act.

"Without immediate intervention by the Federal Court, the lives of the elderly and infirm prisoners at Hamilton A&I are in immediate jeopardy" said Mr. Lipman.

This is the second time in less than a week, that the attorneys at Southern Center for Human Rights have moved a federal court for relief on behalf of Alabama prisoners. Last Thursday, Southern Center lawyers filed a motion asking a federal court to find the Alabama Department of Corrections in contempt of a settlement agreement reached in a case challenging the medical treatment and conditions at Limestone Correctional Facility.

For more information, please contact Joshua Lipman or Melanie Velez at 404-688-1202.

Read press accounts about the Hamilton A & I case