Timeline: The Fight Against Segregation of Alabama Inmates with HIV

The ACLU has sued the Alabama Department of Corrections to end the practice of segregating HIV-positive prisoners from the rest of the prison population. Click on each date to learn more about our 25 years of advocacy trying to end HIV segregation in the nation’s prisons.

    1987

    • The ACLU sues Alabama over its prison HIV-segregation policy.

      The ACLU brings a class-action lawsuit on behalf of all Alabama prisoners with HIV, challenging the segregation policy.

    1989

    • A judge rules the state can exclude HIV-positive prisoners from various programs.

      Following trial, a federal judge rules that the Alabama Department of Corrections has the right to exclude all people with HIV from all prison programs.

    1991

    • A federal appeals court reverses decision; sends case back to original judge.

      A federal appeals court reverses and grants the prisoners a new trial--but sends the case back to the same judge.

    1994

    • Judge rules same way. Prisoners ask for new trial with different judge.

      The ACLU tries the case again. After weeks of testimony, the same trial judge once again rules that ADOC has the right to categorically exclude people with HIV from all prison programs. The prisoners again appeal, asking for a new trial before a different judge.

    1997

    • Appeals panel orders a retrial.

      A three-judge appeals panel decides the trial judge ignored the evidence, and orders a retrial ? this time before a different judge.

    1999

    • Entire appeals court reverses, trial judge's ruling reinstated

      A majority of the entire appeals court reverses the three-judge panel?s decision, and reinstates the trial judge?s ruling.

    2000

    • The Supreme Court denies review.

      The Supreme Court denies review, spelling the end of litigation efforts for the indefinite future. The ACLU, assisted by MSNBC host Rachel Maddow (then a 26-year-old graduate student) immediately launches a grassroots campaign in Mississippi and Alabama to challenge HIV segregation. The campaign sends a delegation to meet with the new commissioner of the Mississippi Department of Corrections, to ask for an end of the segregation policy.

    2001

    • The Mississippi prison comissioner creates a task force to study issue, ACLU advocates on panel.

      The Mississippi commissioner creates a task force to study and report on HIV-positive prisoners? access to programs, and appoints ACLU advocates as well as prison officials to serve. The task force issues a report recommending integration of all in-prison programs (but not community corrections). The commissioner adopts the recommendations and promptly integrates all in-prison programs.

    2002

    • ACLU report urges Alabama HIV Commission to recommend end to policy.

      The ACLU campaign drafts a white paper urging the Alabama governor?s HIV Commission to recommend an end to the policy of excluding prisoners with HIV from in-prison programs.

    2003

    • The commission adopts the ACLU report.

      The commission adopts the ACLU report and concludes: ?The evidence is overwhelming that the exclusion of prisoners from educational, vocational, rehabilitative, or community-based corrections programs, simply on the basis of HIV-status, has no public health or correctional justification. We recommend that prisoners with HIV/AIDS be allowed to participate in all in-prison and out-of-prison programs on an equal basis with other prisoners.? ADOC?s commissioner promptly announces that people with HIV will be allowed to participate in prison vocational and educational programs with general population prisoners.

    2004

    • In Alabama, prisons begin integrating a handful of programs.

      In Alabama, the ADOC commissioner begins integrating a handful of in-prison programs. In Mississippi, the ACLU wins a federal court hearing that orders the Mississippi Department of Corrections to allow prisoners with HIV to participate in community corrections programs on the same basis as all other prisoners.

    2006

    • Integration moves too slowly. ACLU revives its advocacy campaign.

      ADOC?s promised integration of prison programs is moving at a glacial pace. The ACLU revives its advocacy campaign.

    2007

    • Campaign results in Alabama integrating several vocational and rehabilitative programs.

      The ACLU campaign results in Alabama integrating several vocational and rehabilitative programs inside the prison-- but not work release.

    2009

    • The campaign focuses on work release --and results in Alabama DOC changing its policy.

      The campaign focuses on work release -- and results in Alabama DOC changing its policy. See Salon, Progress in Alabama by Rachel Maddow and Margaret Winter http://www.salon.com/2009/08/25/alabama_2/.

    2010

    • Mississippi abandons HIV housing segregation policy. Alabama refuses.

      When ADOC refuses to end its policy of HIV housing segregation, the ACLU issues a joint report with Human Rights Watch, ?Sentenced to Stigma,? http://www.hrw.org/sites/default/files/reports/health0410webwcover.pdf, on HIV segregation in Alabama, Mississippi, and South Carolina. The Mississippi Department of Corrections previews the Report?s findings, and immediately announces that it is abandoning its HIV housing segregation policy forthwith. Alabama, however, refuses to alter its policy.

    2011

    • ACLU files Henderson v. Thomas, challenging Alabama's policy.

      ACLU files Henderson v. Thomas, challenging Alabama?s HIV housing segregation policy.

    2012

    • Federal judge rejects motion to dismiss; orders trial to start Sept. 17

      U.S. District Court Judge Myron E. Thompson rejects ADOC?s motion to dismiss the case, and orders the trial to go forward starting Sept. 17.
Statistics image