Judge Orders Alabama to Stop Segregation of Prisoners Living with HIV

Fox News, December 21, 2012

A federal judge in Alabama has ordered the state to stop segregating its prisoners living with HIV, a “historic decision” according to prison advocates who successfully argued the practice violated the Americans with Disabilities Act.

In a 153-page ruling, U.S. District Court Judge Myron H. Thompson ruled Friday in a class-action lawsuit filed by the American Civil Liberties Union (ACLU) that the Alabama Department of Corrections discriminates against the state’s 250 prisoners living with the disease by housing them separately and denies them equal access to rehabilitative programs.

“Today’s decision is historic,” said Margaret Winter, associate director of the ACLU National Prison Project and lead counsel for the plaintiffs.  “It spells an end to a segregation policy that has inflicted needless misery on Alabama prisoners with HIV and their families.”

Thompson, in his decision, said that while the state’s segregation policy has been an unnecessary tool for preventing the transmission of HIV, it has been an effective one for “humiliating and isolating” prisoners living with the disease.

“It is not transmitted through casual contact or through the food supply,” he wrote. “A person would have to drink a 55-gallon drum of saliva in order for it to potentially result in a transmission. There is no documented case of HIV being sexually transmitted between women.”

Thompson’s ruling issued a permanent injunction ordering Alabama to halt its discriminatory practices, including the categorical exclusion of prisoners with HIV from work-release jobs in the food industry, assignment to faith-based honor dorms and other educational and vocational programs.

The decision also prohibits the state’s policy of requiring all male prisoners with HIV to wear white armbands at all times to inform others of their health status. {snip}

“Ending a policy that treated human beings like cattle to be tagged and herded is a tremendous victory for human rights,” said Olivia Turner, executive director of the ACLU of Alabama.

{snip}

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  • Triarius

    Prisoners should sue for endangering their health. I’d go crazy if I had to do 30 days for a DUI and came out with AIDS.

    • Ulick

      Exactly. Liberals will always back someone they think is being dicriminated against. Yet, the reason why prisoners with AIDS are segregated is for the greater good of the prison population, some of whome will likeky get raped by an AIDS prisoner. It’s always standing up for the minority or the least common denominator with Liberals.

      • Fredrik_H

        “It’s always standing up for the minority..with Liberals.”

        I’m usually not someone who likes to throw around labels but I think some of these people would object to the idea of keeping Ebola patients away from the general population. Surely it must be some kind of disorder.

        • i am

          They do it because they know it will cause more harm. That is the only reason.

          • http://twitter.com/MarkTenneyNewMa Mark Tenney New Math

            They think the harm is White folk’s business, even if a black gets AIDS, Whites have to pay for it.

        • gemjunior

          Boy you said it. Some kind of disorder, I think it must be picking the polar opposite of what is right and correct. Pick what is most damaging or most insane. Pretty soon it will be “discriminatory” to separate children from pedophiles and some liberal mental judge will declare that every pedophile must be housed where there is access to children of all ages. Sound insane? Well in the ’50s it sounded insane to tell people that homosexuals would have rights that trump heterosexual rights and take precedence over them with protected status. All I know is that I probably won’t be here but I hope that by that time whites will have found that ethnocentricity is a necessity.

      • http://twitter.com/peppermint6789 Sage Basil

        Exactly. And here, the people in prison whose lifestyle decisions did not lead to them contracting AIDS are not the oppressed minority, the people who have AIDS and still want to rape other prisoners are. The people in jail for a short amount of time are not the oppressed minority, the lifers are. Liberals literally celebrate bad decisions in other people’s lives. Just as long as they don’t have to deal with the consequences personally.

    • ageofknowledge

      Absolutely. What’s that all about? A law abiding citizen slips up in some way and gets a minor stint in jail and are at risk of Aids? That’s a broken system if it’s happening.

    • rebelcelt

      You cannot sue aJudge.

      • Tom_in_Miami

        They can be impeached, can’t they?

  • The__Bobster

    “Today’s decision is historic,” said Margaret Winter, associate director
    of the ACLU National Prison Project and lead counsel for the
    plaintiffs. “It spells an end to a segregation policy that has
    inflicted needless misery on Alabama prisoners with HIV and their
    families.”

    ____________

    No, it spells death to the prisoners who can now be sexually assaulted by these diseased thugs. Leave it to the usual suspects to make a bad situation worse.

    I wonder if the libtarded judge was one of the Peanut Farmer’s leftist kooks

    • EndTimesComing

      I wonder if he is a closet queen.

  • Biff_Maliboo

    Incarcerated bug-chasers, rejoice!

  • Sam

    US taxpayers will pay for a lifetime of very expensive HIV treatments for everyone who is infected, so why bother to do anything to stop the spread of the disease? As long as taxpayers are paying, consequences don’t matter! Just like Angel Adams can keep on having babies as long as her baby factory keeps working, because taxpayers will pay for everything, and taxpayers are evil white people.

  • EndTimesComing

    I guess the good judge isn’t cognizant of the routine male to male sex in prisons. I guess he didn’t factor in that those poor “victims” of discrimination in jailing were actually THERE because they were criminals and likely to rape other inmates. I wonder how many of these poor “victims” WERE actually in prison FOR rape? Does the good judge know? Does he care? Liberals. As much a curse on mankind as the blacks they so love.

    • John

      Why would you guess a JUDGE isn’t cognizant of male on male rape in prison?

    • i am

      I bet the judge would insist that child-molesters be kept away from mainstream inmates to prevent them from being harmed.

  • Sloppo

    The judges and lawyers who worked for this decision should spend a couple of years in a prison for extra-violent offenders, so they would have time to contemplate some issues they seem to have neglected.

  • bluffcreek1967

    This is one of many reasons I don’t trust our judges. Most are Leftist in their ideology and they don’t actually have to live among the Blacks and Hispanics they give light sentences to. One would think that having to deal with ‘minorities’ in court each day would make them race realists, but most often it doesn’t because they are unable to break free from their politically-correct foundations which has entrapped them most of their lives. The judges are intellectuals, academically inclined, liberal, financially comfortable – but they are not brave, fearful of expressing unpopular opinions, and more than willing to go along with the status-quo rather than render unpopular judgments in many instances when it comes to Black on White crime and other racial matters!

    • boogieboogie

      So sad to think one person has control over millions,the one percent truly has taken over.

  • http://jewamongyou.wordpress.com/ Reuben H

    Sometimes it’s hard to tell whether such decisions are the result of evil judges, evil laws or a combination of both. I’m inclined to think the latter. The “Americans with Disabilities Act” is a recipe for disaster. It was only a matter of time before the system took it to its logical extreme.

    http://www.jewamongyou.wordpress.com

  • John

    This is insane.

  • odius liberal

    The infected bantu will be released and will in turn infect his white breeding sow who will infect others when the bantu is returned to prison for another felony.

  • Fredrik_H

    Finally you can be raped by an HIV-positive thug while incarcerated! What a tremendous victory for equality and diversity!

  • Bill

    the destruction of our western civilization and our country before our very eyes.

  • Mike Lane

    I say let the violent rapists and child molesters share the same cells.

  • JohnEngelman

    Judges who make decisions like this suffer from what George Orwell called, “money sheltered ignorance.” They do not consider the realistic implications and results of their decisions.

    • dhs

      If these judges are ignorant of the consequences of their decisions, they are unfit to be judges.

      If these judges are not ignorant of the consequences of their decisions, they are unfit to be judges.

      By the rules of logic: These judges are unfit to be judges.
      QED

    • i am

      They more likely suffer from the same genetic illness that you have. You know the one that makes you repeatedly claim you are one of us on one hand, but then you support anti-white communist agendas on the other hand.

      • http://www.facebook.com/george.clark.7545 George Clark

        Didn’t this Engleman guy used to troll internet forums awhile back as “Dr. Mabuse?” Similar MO, he got banned pretty quickly from quite a lot of forums.

      • SLCain

        Indeed, he is a snake-in-the-grass.

  • rebelcelt

    The formost prerequiste of being a Federal judge is stupidity.

  • Michael_C_Scott

    A two-edged sword. This also guarantees that HIV+ inmates will be exposed to illnesses in other inmates that are not particularly dangerous to normal persons but which could be life-threatening to those with compromised or nonexistant autoimmune systems.

    One of the first fatal HIV cases in Boulder County, Colorado was a fellow who ended up dying of tick fever – not Rocky Mountain Spotted Fever. He was the secretary where I worked that summer home from college. He wasn’t feeling well one Friday afternoon, and died that Sunday. Tick fever doesn’t kill people any more often than chickenpox, but without an immune system, it went through him like a forest fire.

    People with HIV need to be very careful about what they are exposed to.

  • http://twitter.com/MarkTenneyNewMa Mark Tenney New Math

    Another proof the system is really broken. It also shows that Libs can’t be reasoned with.

    It would be justice if an inmate got AIDS from this and then that inmate requested that the International Court of Criminal Justice bring charges against the judge for subjecting said inmate to improper conditions of confinement that shock the conscience and are a violation of human rights laws.

    • Stentorian_Commentator

      Unfortunately, I think what would happen is that some poor sap gets AIDS, and the ACLU will be suing the prison system and the state for inadequate protective measures, and getting more legal fees to boot. Just look at what happened in Massachusetts. A federal judge ruled that not only did the state have to pay for a convicted wife murderer’s sex change operation as a medical necessity, but he then ruled that the murderer’s counsel was entitled to hundreds of thousands in legal fees. WTF? It’s as if the state was supposed to know that a judge would make such an f’d up decision that they should not have fought the lawsuit. Unbelievable.

  • http://twitter.com/MarkTenneyNewMa Mark Tenney New Math

    http://www.hrw.org/news/2012/05/17/us-new-prison-rape-standards-offer-landmark-protection

    ” The long awaited national prison rape elimination standards issued on
    May 17, 2012 by the Justice Department, if fully implemented, may end
    widespread prison rape in the United States,
    Human Rights Watch said today. The standards provide detailed guidance
    to federal, state, and local officials on how to prevent, detect, and
    respond to sexual abuse in their confinement facilities.”

    “The standards require facilities, for example, to:

    screen inmates for prior sexual victimization or abusive conduct and
    use this information when making housing and programming assignments;

    prohibit cross-gender pat searches of females by male staff;

    separate inmates under 18 in adult facilities from adult inmates;

    Even cross gender touching is not allowed. So why wouldn’t cross HIV status touching not be allowed?

  • http://twitter.com/MarkTenneyNewMa Mark Tenney New Math

    http://cybercemetery.unt.edu/archive/nprec/20090820154837/http://nprec.us/publication/report/executive_summary.php

    “Air Force veteran Tom Cahill, who was arrested and detained for just a
    single night in a San Antonio jail, recalled the lasting effects of
    being gang-raped and beaten by other inmates.”

    “FINDING 4

    Few correctional
    facilities are subject to the kind of rigorous internal monitoring and
    external oversight that would reveal why abuse occurs and how to prevent
    it. Dramatic reductions in sexual abuse depend on both.”

    “FINDING 5

    Many victims cannot safely and easily report sexual abuse, and those who speak out often do so to no avail.”

    “Exposure to HIV and other sexually transmitted infections are other
    potential consequences of sexual abuse. Michael Blucker tested negative
    for HIV when he was admitted to the Menard Correctional Center in
    Illinois, but approximately 1 year later, after being raped multiple
    times by other prisoners, he tested positive.”

  • http://www.facebook.com/profile.php?id=100002454802929 John Smith

    When a few Aids inmates end up dead of something other than Aids, say like poisoned food or tossed off a 3rd level tier, they might feel better off living in segregation. When black folks move into an area where they are really not welcome, they don’t need to worry about getting killed. A lot of prison inmates will kill you for a packet of dehydrated soup.

    • Michael_C_Scott

      It all makes me glad I was sent to a “low”. Even fights were extremely rare.

  • Lygeia

    Wow. Has this judge never heard of prison rape? The entire prison population in Alabama can now get AIDS. Thank you Myron H. Thompson for another idiot ruling from a judiciary so liberal that when they try to keep an open mind, their brains fall out!

  • FourFooted_Messiah

    Great. So now they’re free to rape lesser criminals and infect them with AIDS, way to go, libtarrds.