our findings, the facts SUppoliing tl1em, and the minimum remedial steps necessary to address the identified deficiencies. We conclude that the State of Alabama violates the Eighth Amendment of the United States Constitution by failing to protect women plisoners at Tutwiler from ham1 due to sexual abuse and harassment from correctional staff. Tutwiler has a history of unabated staff-on-prisoner sexual abuse and harassment. The women at Tutwiler universally fear for their safety. They live in a sexualized envirolunent with repeated and open sexual behavior, including: abusive sexual contact between staff and prisoners; sexualized activity, including a strip show condoned by staff; profane and unprofessional sexualized language and harassment; and deliberate cross-gender viewing of prisoners showering, urinating, and defecating. The inappropriate sexual behavior, including sexual abuse, continues, and is grossly undelTepOlied, due to insufficient staffing and supervision, inadequate policies and procedures, a heightened fear of retaliation, and an inadequate investigative process. Officials at the Alabama Department of Con·ections ("ADOC") and Tutwiler have failed to remedy the myriad systemic causes ofhann to the women prisoners at Tutwiler despite repeated notification of the problems. ADOC and Tutwiler have demonstrated a clear deliberate indifference to the hann and substantial risk ofhann to women prisoners. They have failed to take reasonable steps to protect people in their custody from the known and readily apparent threat of sexual abuse and sexual harassment. Officials have been on notice for over eighteen years of the risks to women prisoners and, for over eighteen years, have chosen to ignore them. - 2 - During the course of our investigation, we reviewed information suggesting that the systemic deficiencies at Tutwiler that facilitated staff sexual misconduct may also lead to excessive use of force, constitutionally inadequate conditions of confinement, constitutionally inadequate medical and mental health care, and discriminatory treatment based on national origin, sexual orientation, and gender identity. Therefore, in addition to informing you of our findings, this letter serves as notice of our intent to expand our investigation into these areas.1 Alabama Department of Corrections Commissioner Kim T. Thomas, Warden Bobby Barret, and Warden II Karla Jones have fully cooperated with our investigation. We recognize that Warden Barret has recently assumed the position, and was not present at the Facility when much of the alleged misconduct took place. We commend ADOC and Tutwiler leadership for recognizing the need for reform at Tutwiler, and appreciate their receptiveness to our suggestions for change thus far. We look forward to continuing to work cooperatively with all interested parties. I. Summary of Findings We have made the following factual determinations: For nearly two decades, Tutwiler staff have harmed women in their care with impunity by sexually abusing and sexually harassing them.2 Staff have raped, 1 Because our expanded investigation will evaluate Tutwiler’s overall provision of medical and mental health care, we do not issue findings at this time with regard to our investigation into whether women who have alleged that they are subject to sexual abuse receive adequate medical and mental health care. This is, in part, due to the fact that the inquiries and remedies will overlap to such an extent that it will be more efficient to issue them all at once so that the state can implement broad based remedies in a coordinated fashion. In addition, our investigation of the medical and mental health system with regard to sexual abuse victims could not be completed satisfactorily because we were prevented from interviewing prisoners outside of the presence of
Same source, country, and finding where possible.