Lawyers for the University of Alabama at Birmingham and the Alabama Department of Corrections sought to dismiss a lawsuit brought against them for harvesting the organs of incarcerated individuals. Both UAB and ADOC argued that, as state agencies, they have immunity from wrongdoing while performing their duty; in this case, autopsies.
The lawsuit in question was brought forward by the families of incarcerated individuals who had their organs harvested without their families’ consent by UAB as part of an agreement for autopsies between UAB and ADOC.
That agreement was brought to light by a group of UAB medical students who noticed that many of the organs that they dissected in their classes came from deceased individuals who had been incarcerated in an ADOC facility.
The students’ discovery was referenced by the family of Brandon Clay Dotson, whose body was returned after his death without a heart, leading the family to file a lawsuit against UAB and ADOC. Following the allegations made by Dotson’s family and others, UAB terminated its agreement with ADOC. Dotson’s case was dismissed by a judge after the family and the state filed a joint motion to dismiss the case. The heart was never found.
The decision by UAB to terminate their contract has left ADOC without a third party vendor, limiting their ability to conduct autopsies. According to Alabama Appleseed, the lack of a third party vendor has hurt the families of those who die in ADOC facilities, since in many cases the families can’t afford to pay for a private autopsy to determine the cause of death for their loved ones.
The current lawsuits, which UAB and ADOC are attempting to have dismissed, were filed by the families of other incarcerated individuals over their relatives being returned to them with missing organs following autopsies by the university.
The families and their lawyers are arguing that the organs were harvested illegally.
“They are trying to say that ‘We entered into a contract that is contrary to the law, an illegal contract, and because we did that, we protect everyone who acted illegally after that point.’ It is insanity,” said Lauren Faraino, an attorney for one of the families during an interview. “We do not live in a country that protects government employees in that way.”
For their part, lawyers for UAB and ADOC argued that since everything done fell within the terms of their agreement, there was no grounds for the lawsuit. Additionally, they argued that organs are not personal property, which would invalidate some of the plaintiffs arguments.
“Alabama law is absolutely clear,” said UAB attorney Jay Ezelle. “It is a state contract between two state agencies.”
The judge told both sides they had several weeks to submit their arguments to him in writing.
Alabama top stories in brief
Committee approves bill to make obtaining occupational license easier for those convicted of crimes
- HB238 would allow those convicted of a crime to apply for a petition of limited relief from a court, which would presume that they are rehabilitated for their conviction and would prevent an occupational licensing board from disqualifying them simply for having a criminal conviction.
- The bill makes exceptions for those who committed crimes connected to the license for which they are applying.
- The bill was approved by a house committee on Feb. 26.
Judiciary Committee approves bill to enhance police immunity
- HB202 increases civil and criminal immunity for law enforcement officers, including corrections officers, and was approved by the House Judiciary Committee on Feb. 26.
- If enacted, the bill would require plaintiffs to prove that a law enforcement officer acted outside of their authority by violating a constitutional right or utilizing excessive force during a pretrial before a regular trial could be convened.
- The immunity provided by this bill would allow officers to continue to use their immunity as a defense during the trial, even if they fail to meet the burden of immunity during their pretrial.
- A companion bill for HB202, SB129 is awaiting approval from the Senate Judiciary Committee.
Accidental deaths leading manner of child deaths in 2023
- Around 38% of Alabama’s 800 childhood fatalities that occurred in 2023 were “non-medical, unexpected or unexplained.”
- According to the Alabama Department of Public Health, 2023 had 90 childhood deaths that were considered accidents, 42 homicides and 32 suicides, making accidents the most common manner of death.
- Over one-fourth of accidental childhood deaths were caused by a firearm, usually a handgun.
- Sleep-related deaths were the second highest cause of death followed by automobile accidents.
- “Most child deaths occur in the home. I mean, overwhelmingly, and most of them are related to accidents. It’s really disturbing that homicide is number two on the list. Those just seem like such preventable things,” Dr. Scott Harris, Alabama state health officer, told the Alabama Reflector.
- The State Child Death Review Team recommended increased suicide prevention initiatives, gun safety laws such as safe storage requirements and education on gun safety, increased car seat distribution and education targeted to rural areas on preventive measures.
Gov. Ivey commutes death sentence, citing lack of evidence
- Gov. Kay Ivey commuted the death sentence of Robin Myers to life without parole on Feb. 28.
- Ivey stated that “In short, I am not convinced that Mr. Myers is innocent, but I am not so convinced of his guilt as to approve of his execution.”
- Myers was convicted in 1991 for the murder of Ludi Mae Tucker, who was killed in her home during October of 1991; the jury sentenced him to life without parole, but a judge overruled them to assign Myers the death penalty.
- Myers was a neighbor of Tucker’s and maintained his innocence, saying that he had never been inside of Tucker’s house.
- In her statement regarding her decision, Ivey pointed towards a lack of a murder weapon, DNA evidence or any physical evidence to tie Myers to the case, as being the reason for her decision.
Alabama Democrats filibuster Senate over Archives bill
- Thursday, Democrats in Alabama’s Senate staged a filibuster, causing the senate to pass only two bills and preventing a vote on SB5, which would change the current laws governing the Board of Trustees of the Department of Archives and History.
- If passed, SB5 would increase the number of trustees to 19 and would give the governor and legislature greater control over the board so that they could remove them easier.
New bill would require 16 year olds to be tried as adults in murder cases
- HB146 sponsored by Rep. Phillip Pettus, R-Killen, would require that people 16 and older charged with murder be prosecuted as adults, preventing judges from granting youthful offender status to minors who were 16 at the time of their offense.
- The House Public Safety and Homeland Security Committee approved HB146 on Feb. 26.
- Under current law, it is up to a judge’s discretion on whether a defendant under 19 is granted youthful offender status for crimes not dealt with in juvenile court “that involves moral turpitude or is subject to a sentence of commitment for one year.”
Legislature considers bill to expand education prohibitions on LGBTQ+ material
- HB244 would expand restrictions on teachers placed in 2022, which prevent teachers engaging “classroom discussion or provide classroom instruction regarding sexual orientation or gender identity in a manner that is not age appropriate” for kindergarten to fifth grade to include K-12th.
- The bill would also expand the scope of current restrictions, striking the section of current law that allows age appropriate discussion and forbidding all conversations on the topic.
- Additionally, the bill would forbid public education employees from displaying any imagery that represents the LGBTQ+ community on school property or from using pronouns that are “inconsistent with the student’s biological sex at birth.”
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