Judge dismisses suit seeking to block Alabama prison leases
KIM CHANDLER, Associated Press
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MONTGOMERY, Ala. (AP) A judge on Monday dismissed a lawsuit that sought to block Alabama Gov. Kay Ivey’s plan to lease prisons that would be owned by private companies and operated by the state.
Montgomery Circuit Judge Greg Griffin granted the state s motion to dismiss the lawsuit after rejecting plaintiffs claims that the leases are unconstitutional. Among other grounds, the lawsuit contended the leases violate state law because the massive $3 billion expenditure was not approved by the Alabama Legislature and is an unconstitutional debt. Specifically, this Court finds that the Leases do not constitute a debt to the state, and therefore are not unconstitutional, Griffin wrote.
Judge dismisses Jim Zeigler lawsuit challenging Kay Ivey’s prison lease plan
Updated 2:10 PM;
Montgomery County Circuit Judge Greg Griffin today dismissed a lawsuit filed by State Auditor Jim Zeigler and others challenging Gov. Kay Ivey’s plan to lease and operate privately owned prisons.
Griffin granted the request of the Alabama Department of Corrections to dismiss the case, rejecting the claims by Zeigler and the other plaintiffs that the prison leases would violate restrictions in the state Constitution on putting the state of Alabama in debt. Griffin also rejected plaintiffs’ claim that the leases violate a state law that prohibits the ADOC from leasing facilities without consent of the Legislature, as well as other claims.
Judge hears arguments in lawsuit over prison leases
May 14, 2021
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MONTGOMERY, Ala. (AP) A judge said Friday that he will decide soon whether to let a lawsuit go forward challenging Alabama Gov. Kay Ivey’s plan to lease privately owned prisons.
Montgomery Circuit Judge Greg Griffin heard arguments in the state’s request to dismiss the lawsuit that contends the plan violates state law because the massive $3 billion expenditure was not approved by the Alabama Legislature. Griffin indicated he would rule by Monday.
Attorney Kenny Mendelson, of Montgomery, filed the lawsuit in Montgomery County Circuit Court on behalf of four plaintiffs Republican State Auditor Jim Zeigler; Democratic state Rep. John Rogers, of Birmingham; Leslie Ogburn, a homeowner near the proposed prison site outside Tallassee; and prisoner rights activist Rev. Kenny Glasgow of Dothan.
Judge hears arguments in lawsuit over Alabama prison leases
Updated 2:02 PM;
Today 2:02 PM
The exterior of Draper Correctional Facility is pictured here on Feb. 6, 2017, about a year before the Alabama Department of Corrections shuttered the prison. (Julie Bennett | jbennett@al.com)
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A judge said Friday that he will decide soon whether to let a lawsuit go forward challenging Alabama Gov. Kay Ivey’s plan to lease privately owned prisons.
Montgomery Circuit Judge Greg Griffin heard arguments in the state’s request to dismiss the lawsuit that contends the plan violates state law because the massive $3 billion expenditure was not approved by the Alabama Legislature. Griffin indicated he would rule by Monday.
Lawsuit seeks to stop construction of 3 new men s prisons in Alabama
Opponents of a prison construction plan have filed suit to stop construction of three new men’s prisons, arguing the plan violates the state constitution and unlawfully bypassed the Legislature.
The action opens a new front in the battle over the proposed facilities for the Alabama Department of Corrections (ADOC). Gov. Kay Ivey says new prisons will address a violence and overcrowding epidemic in the state prisons.
The plans have drawn strong opposition in communities getting the prisons and a good deal of unease from the Alabama Legislature.
“ADOC leasing and contracting regulations do not allow the governor to negotiate a private deal on its behalf, bypassing competitive bidding regulations and the ADOC approval process,” the lawsuit says.