Settling cases

Prison agreements avoid costly court battles

Editorial
Birmingham News
July 1, 2004

State prison officials are on an incredible run. In a little more than a month, they have settled three serious and potentially costly and lengthy lawsuits over conditions at state prisons for men and women.

The settlements come with reasonable terms for the state and modest costs, considering the condition of the prisons and what could have happened if the cases had dragged on for years in the courts.

The latest settlement involves prisoners at Tutwiler, the state's prison for women. The Atlanta-based Southern Center for Human Rights sued the state in 2002 on behalf of inmates because of deplorable, dangerously crowded conditions at the Wetumpka lockup.

At the time, Tutwiler had 1,000 inmates in space designed for only 360. It also had the highest rate of violent acts among inmates, making it the most dangerous prison in Alabama. U.S. District Judge Myron Thompson ruled conditions at the prison - a "ticking time bomb," he said - were unconstitutional.

Since then, the state has worked to relieve the crowding and the unsafe conditions. The state shipped 300 inmates to a private prison in Louisiana and expanded the Board of Pardons and Paroles to speed up the parole of inmates. Today, Tutwiler houses about 700 inmates.

The agreement announced this week - which Thompson still must approve - should go further to improve conditions at Tutwiler. The Department of Corrections agreed to improve medical and mental health care and inmates' access to classes and drug treatment. Inmates also will get more ice, fans and showers to deal with the sweltering heat in the prison.

Most important, though, is that the care of inmates and the conditions within the prison will be monitored for the next four years by a doctor, a mental health expert and lawyers and advocates from the Southern Center.

Without such monitoring, there's no guarantee the prison system will hold up its end in making and sustaining the improvements. The state has an abysmal record when it comes to prisoners' care.

The Tutwiler agreement is similar to those reached in lawsuits brought on behalf of inmates at the St. Clair men's prison and at the Limestone prison where men infected with HIV/AIDS are housed. In those cases, prison officials agreed to substantial, common-sense changes that should improve prison conditions and inmates' health care, and for outside monitors to track those improvements.

The good news for taxpayers is that the improvements will likely come with a modest price tag, though the exact costs to comply with the agreements, including attorneys' fees, haven't been figured.

Credit Gov. Bob Riley's administration, including prison Commissioner Donal Campbell, for seeking to settle what could have been difficult and costly court battles. In the past, the state has unwisely fought losing court battles over prisons and other inadequate state services. It's encouraging this administration is taking a smarter approach.

But also credit the Southern Center for Human Rights. Its willingness to reach agreement with the state proves its focus is on improving prison conditions for inmates, not enriching lawyers.

SCHR in the News