Judge rules Alabama can inspect federal prisons to build defense in DOJ lawsuit

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Judge rules Alabama can inspect federal prisons to build defense in DOJ lawsuit
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Alabama wants to inspect four federal prisons to help defend itself against allegations of unconstitutional conditions in the state's 13 men's prisons.

Inmates sit in a treatment dorm at Staton Correctional Facility in Elmore, Ala., Wednesday, Sept. 4, 2019. The Department of Justice has threatened to sue Alabama over excessive violence and other problems in state prisons for male inmates. APU.S. District Judge R. David Proctor has ruled in favor of the state of Alabama on an issue in the U.S. Department of Justice lawsuit alleging unconstitutional conditions in the state’s prisons.

In an order issued Oct. 31, Proctor sided with the state and with a special master for the court who recommended allowing the inspections.in December 2020, alleging that Alabama violated the 8th and 14th amendments by failing to prevent prisoner-on-prisoner violence and sexual abuse, failing to protect prisoners from the use of excessive force by security staff, and by failing to provide safe physical conditions of confinement.

The DOJ said the inspections would be unduly burdensome and harassing, were not sufficiently relevant, and were generally inappropriate and unnecessary. The DOJ filed objections to the special master’s report that recommended allowing the inspections.

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