Tag: alabama

Alabama is sued by inmates who claim state made a staggering $450M by ‘convict leasing’ – and forcing them to work in fast food joints like McDonald’s and Burger King ‘for next to nothing’ in move ‘similar to cotton-picking’

A group of current and former prisoners are suing Alabama state alleging they made $450million by forcing them to work in fast food chains for ‘next to nothing’. 

The lawsuit, filed on Tuesday at the Middle District Court, claims the prisoners were forced into a ‘modern-day form of slavery’ by the state. 

It says they were ‘entrapped in a system of ‘convict leasing’ in which incarcerated people are forced to work, often for little or no money’ while the state kept the profits of their labor. 

The plaintiffs said they are regularly forced to work at McDonald’s, KFC, Wendy’s, and Burger King franchises, Anheuser-Busch distributors, and meat processors. 

According to the complaint, inmates, ‘live in a constant danger of being murdered, stabbed, or raped… and if they refuse to work, the State punishes them even more.’

The lawsuit accuses government agencies – including the Alabama Department of Corrections – and over two dozen state officials, including Governor Kay Ivey and Attorney General Steve Marshall, of violating the Trafficking Victims Protection Act.

Alabama makes $450 million a year from forced labor, according to the complaint, which says since 2018, 575 private employers and over 100 public employers have ‘leased’ labor from Alabama prisons.

It says the inmates work against their will in ‘unsafe work conditions’ and the ADOC takes 40 percent of gross earnings claiming it is ‘to assist in defraying the cost of his/her incarceration’.

In September 2023, the complaint says 1,374 incarcerated people were enrolled in the work program. 

One of the individuals involved in the complaint, Lakiera Walker, was imprisoned from 2007 to 2023. 

She said she was forced to perform long hours of uncompensated work ‘upon threat of discipline’.

Her jobs included housekeeping, stripping floors, providing care for mentally disabled or other ill incarcerated people, unloading chemical trucks, working inside freezers, and at Burger King. 

She said she was paid just $2 per day and was subjected to sexual harassment by a supervising officer.

When she was so ill she could not work, she said a supervisor told her to ‘get up and go make us our 40 percent’. 

She told Law&Crime: ‘Those women need help. They really need a voice. I knew I had to do something. I want justice for this forced labor.’ 

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Daniel Williams, 22, dies after being ‘tied up, beaten and sexually assaulted for two days’ by prison gang – two weeks before he was due to be released from Alabama facility after a 12-month sentence for theft

An Alabama inmate has died after days of being tortured, beaten and sexually assaulted by a prison gang – just two weeks before he was due to be released, his family claim.

Daniel Williams, 22, was serving a 12-month sentence for second-degree theft at Staton Correctional Facility in Elmore, Alabama when a warden found him unresponsive in his dorm on October 22.

The father-of-two was declared brain dead upon his arrival at the hospital and provided palliative care, his family said in a GoFundMe campaign. He was taken off life support on November 5 and died four days later.

The warden allegedly told his family that Williams suffered a ‘drug overdose’, but insiders at the prison told the Alabama Political Reporter that he had been ‘kidnapped, bound, assaulted and sold out’ by another inmate for ‘two or three days’.

At least 12 prison cops at Staton Correctional Facility – along with adjoining Elmore and Draper prisons – have been arrested for assaulting inmates in the last two years. 

Federal investigators have also been probing the state of Alabama and its prisons since a scathing lawsuit was lodged by the Department of Justice in 2019. 

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Alabama’s next death penalty atrocity: The execution of Casey McWhorter

30 years after a murder committed by three teenage boys, Alabama plans to execute one of them, Casey McWhorter, who was just three months past his 18th birthday at the time of the crime. (McWhorter’s co-defendants were 15 and 16, respectively.)

Any argument in favor of executing McWhorter is undercut by the illogical, unbending brutality of a bright-line legal rule established by the U.S. Supreme Court. In 2005, in Roper v. Simmons, the Court held the 8th and 14th Amendments prohibit the execution of defendants younger than age 18, but, not the execution of juveniles like McWhorter whom — mentally and emotionally — under any reasonable interpretation, were children at the time of their crime(s). This is because of Roper’s legal fiction that childhood rigidly ends at 18 years of age — on the nose — and not a day, or as in McWhorter’s case, 3 months, older. Describing that period in his life to a reporter recently, McWhorter said: “I had issues in my head that I didn’t know how to work out.”

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State Cleared to Use Never-Before-Seen Execution Method on Murderer of Preacher’s Wife

A divided Alabama Supreme Court has ruled in favor of using nitrogen gas as a method of execution, marking the first instance of the method being considered for carrying out a death sentence.

The all-Republican court, in a 6-2 decision issued on Wednesday, granted the state attorney general’s request for an execution warrant for Kenneth Eugene Smith. Smith was one of two individuals convicted in the 1988 murder-for-hire killing of Elizabeth Sennett in northwestern Alabama. The specific execution date will be determined later by Governor Kay Ivey.

This decision brings Alabama closer to becoming the first state to pursue nitrogen gas as an execution method. However, it is likely that further legal challenges will emerge before this method is actually used. Other states like Oklahoma and Mississippi have also authorized nitrogen hypoxia for executions, a process in which an inmate breathes pure nitrogen and is deprived of the oxygen required for survival. While advocates argue it may be painless, opponents liken it to unethical human experimentation.

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‘Outrageous and flatly unconstitutional’: Lawyer decries arrest of Alabama journalists

Police arrested a southwestern Alabama newspaper publisher and a reporter for publishing an article that prosecutors say was based on confidential grand jury evidence.

Don Fletcher reported for the Atmore News on an investigation into the local school board’s payments to seven former school employees that Escambia County district attorney says broke the law against revealing grand jury proceedings, and both the reporter and publisher Sherry Digmon were arrested and charged with a felony, reported the Washington Post.

“While it’s illegal for a grand juror, witness or court officer to disclose grand-jury proceedings, it’s not a crime for a media outlet to publish such leaked material, provided the material was obtained by legal means,” legal experts told the Post.

Theodore J. Boutrous, an attorney who has represented media organizations, said the U.S. Supreme Court has consistently ruled that the First Amendment protects journalists who publish information of public importance, even if that information came from a source who broke the law.

“That applies to grand jury information, Boutrous said, calling the Alabama case “extraordinary, outrageous and flatly unconstitutional.”

The newspaper’s publisher and co-owner is a member of the county school board, and she voted recently against renewing the contract of the superintendent – who has been publicly supported by district attorney Stephen Billy.

“I wish I could [comment],” said Digmon, the publisher. “I would rather not answer. I can only refer you to my attorney.”

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Alabama Cops Who Arrested Mechanic for Not Giving Them His ID Denied Qualified Immunity

A federal court has sided with Roland Edger, an Alabama man who says he was wrongfully arrested after he declined to give police officers his driver’s license in 2019. While a lower court had granted qualified immunity to the officers, the U.S. Court of Appeals for the 11th Circuit overturned that decision, ruling that the officers clearly violated Edger’s Fourth Amendment rights and that Edger’s suit against them may go forward.

In June 2019, Edger, a mechanic in Huntsville, Alabama, received a call from a customer, who told him that his wife’s car had broken down and asked him to come out to repair it. The car was in the parking lot of a local church, where the customer’s wife worked. The customer told Edger he could pick up her keys at the church’s front desk.

When he arrived at the church on June 10, a few days after the customer had called, Edger retrieved the keys from the church and began inspecting the car. According to the ruling, Edger says he believed something was wrong with the car’s steering or tires and that he’d need to return with the necessary tools to fix the vehicle.

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Alabama Judge Issues Ruling in Carlee Russell Hoax Case

An Alabama judge found Carlee Russell guilty of two misdemeanor charges after she faked her own abduction in July.

Hoover Municipal Court Judge Thomas Brad Bishop on Wednesday found Russell guilty on charges of false reporting of an incident and false reporting to law enforcement, both misdemeanors, according to FOX affiliate WBRC.

The state recommended one year in jail, the maximum, which is six months for each charge. They also recommended a fine of $831 and restitution of $17,974.88.

According to the report, the case will be appealed to circuit court.

Russell, 24, dialed 911 on July 13 at around 9:34 p.m. to report a toddler walking along the southbound side of Interstate 459 near Birmingham, according to the Hoover Police Department.

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Video shows high school band director shocked with stun gun, arrested after refusing to stop music

Police body camera video shows an Alabama high school band director being shocked with a stun gun and arrested by officers in front of screaming students, in a chaotic scuffle that broke out after he refused to immediately stop the band as it played in the bleachers following a football game.

State Rep. Juandalynn Givan, who is representing band director Johnny Mims as his attorney, said Tuesday that the incident is an “alarming abuse of power” that instead “should have been should have been deescalated.”

The Birmingham Police Department said it remains under investigation but the band director resisted arrest and allegedly pushed an officer.

The altercation erupted after the game last Thursday between Minor and Jackson-Olin high schools.

In the body camera video released by police Monday night, officers are seen approaching Mims, the band director at Minor, as the band plays in the stands. They ask him several times to stop the band and clear the stadium. Mims continues to direct the band and replies to the officer, “Get out of my face.”

“We’re fixing to go,” he continues. “This is their last song.”

As the music continues, an officer tells Mims he will go to jail. and another says she will contact the school. Mims flashes two thumbs up and says, “That’s cool.”

“Put him in handcuffs,” an officer is later heard saying.

The video shows that the band played for about two minutes after officers approached Mims.

After the music stops, officers are seen on the video apparently trying to arrest him, in a scrum of bodies. One says Mims swung at an officer and must go to jail, and Mims denies doing so. An officer then shocks Mims with a stun gun.

Students — more than 140 were present, according to Givan — are heard screaming in the night as the arrest plays out.

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Alabama Says Helping With Out-of-State Abortions Is ‘Criminal Conspiracy’

Alabama’s attorney general is insisting that he has the right to prosecute people who help pregnant women obtain out-of-state abortions. In a court filing earlier this week, Steve Marshall said such actions amount to criminal conspiracy.

Marshall’s filing comes as part of a case involving the Yellowhammer Fund, a nonprofit that bills itself as an “abortion advocacy and reproductive justice organization.” The group and two women’s health centers—the West Alabama Women’s Center and the
Alabama Women’s Center—sued Marshall in July over the attorney general’s suggestion he could go after groups that help pregnant Alabamans get out-of-state abortions.

Marshall first made this suggestion last summer on a local talk radio program, The Jeff Poor Show. “If someone was promoting themselves out as a funder of abortion out of state, then that is potentially criminally actionable for us,” Marshall said, according to the Yellowhammer Fund’s complaint. “And so, one thing we will do in working with local law enforcement and prosecutors is making sure that we fully implement this law.”

“There is nothing about that law that restricts any individual from driving across state lines” and seeking an abortion, Marshall continued. But an “entity or a group that is using funds…to facilitate” out-of-state abortion travel “is something we are going to look at closely.”

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Triggered: Woke Alabama School Suspends 6-Year-Old Over ‘Finger Guns’ During Cops And Robbers Game

A six-year-old Alabama boy was suspended from school and had his “permanent record” threatened for making ‘finger guns’ during a game of cops and robbers.

“They labeled my six-year-old as a potentially violent and dangerous student because he was being a little boy and playing cops and robbers with another student (who was also suspended) and using his fingers like a gun,” said the boy’s father, Jarrod Belcher, in a statement released on Friday, Sept. 8.

According to the Epoch Times, a Jefferson County Board of Education “Due Process Referral for Class III Infractions” form released by Gun Owners of America (GOA) reads that Belcher’s son was “using gun fingers to shoot at another student.”

The boy was subsequently suspended from school pending a hearing with his parents.

According to the letter, on Sept. 1, 2023, two boys were playing “cops and robbers” during recess at Bagley Elementary School.

“During the course of their play, the children reportedly extended their index fingers and thumbs and said ‘bang-bang’ at each other,” the letter reads.

The child, identified as J.B., was suspended and accused of committing a Class III infraction. This is the district’s most serious infraction. According to the Jefferson County School District’s Student Parent Handbook, Class III infractions include possession of guns or explosives, sexual battery, battery of a school district employee, and robbery, among others.

The boy would only be allowed back in school after a hearing with his parents and the district. -Epoch Times

Following a complaint from the Belchers, the disciplinary action was downgraded to a less severe Class II infraction, however Belcher is still calling BS.

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