During a hearing on Monday, lawyers representing six Alabama inmates presented an argument that the prison system’s discipline of inmates who refuse to work is a violation of the state constitution that was recently updated.
In May, the prisoners initiated a lawsuit in which they contended that they desire to work for an employer beyond the prison system. However, they do not wish to be penalized by the prison system if they are unable to work or refuse to do so due to reasons such as illness or hazardous working conditions.
According to the lawyers representing inmates, if prisoners fail to show up for work or decline to do so, the Alabama Department of Corrections has the authority to withdraw their phone privileges and access to commissary, withdraw good time, or even place them in solitary confinement. Furthermore, the department is also authorized to assign additional work to the prisoners inside the prison without any compensation.
Creating a record of disciplinary infractions through prison punishments can reduce the chances of someone being paroled, even if they are deemed safe enough for work release.
Lawyers from the Center for Constitutional Rights are representing the six inmates, who are all Black. However, they were not present during Monday’s hearing. The lawsuit includes five male inmates and one female inmate.
According to Jessica Vosburgh, a senior staff attorney, the individuals in question are willing to work; however, they are not willing to face consequences if they choose not to work.
In Montgomery County Circuit Court, a lawsuit has been filed citing the amendment made to the state Constitution. The change was made after voters in 2022 elected to update the document and remove any racist language. According to the lawyers involved, the new state Constitution now states that there shall be no form of slavery or involuntary servitude in the state. The lawsuit is based on this amendment.
In 2022, the people of the state voted to ratify a new constitution that prohibits slavery and involuntary servitude without any exceptions. However, the state has blatantly disregarded this mandate, which has led to a lawsuit being filed. The lawsuit argues that the state’s failure to abide by the will of the people is unacceptable and must be addressed.
On Monday, the case was scheduled to address the state’s motion to dismiss the lawsuit. The lawsuit, filed in Montgomery County and presided over by Circuit Judge James Anderson, differs somewhat from a federal case that presents similar allegations regarding the state’s work release program. As per the December filing, inmates claimed they were refused parole and made to work in fast-food chains as part of a “labor-trafficking scheme” that earned the state $450 million annually.
In the lawsuit, lawyers highlighted several reasons why inmates would refuse to work, including health hazards, inadequate pay, and workplace harassment or abuse. This was stated on Monday by the lawyers representing the inmates.
According to Vosburgh, the case is relatively straightforward compared to other challenges faced by the Alabama Department of Corrections. The inmates are not pursuing any financial compensation, but rather seeking an injunction to prevent the department from penalizing them for their refusal to work.
According to Vosburgh, it is fair to be terminated from a job for failing to show up. However, he believes that the issue at hand is the additional penalties imposed by the Department of Corrections.
During the hearing, the state’s attorney argued that the matter ultimately revolves around good time, which the majority of the six plaintiffs are not entitled to. He pointed out that the sanctions are a result of the work release privilege, which is voluntary and not imposed upon inmates. According to him, the decision to participate in work release is made by the inmates themselves.
Assistant Solicitor General Soren Geiger stated that the 2022 vote to amend the Constitution is not convincing enough to imply that the citizens of Alabama wanted to completely transform the Alabama Department of Corrections.
According to him, the focus of the case revolves around obtaining the advantages of work release or community-based programs while bypassing the necessary regulations.
According to the state’s motion to dismiss the case, the six inmates are attempting to leverage the linguistic updates in the 2022 Constitution to challenge the incentive structure of Alabama’s prison system.
The inmates are seeking a court order that would allow them to abandon their posts either daily or even hourly, regardless of the legitimacy of the reason.
The case was presented to the judge who carefully listened to the arguments for about 20 minutes. However, he made it clear that he would not provide a ruling right away.
Anderson commented from the bench saying, “Now, I will look at everything with a renewed perspective.”
After the hearing, Vosburgh expressed her optimism regarding the judge’s decision.
