Case 2:19-cv-00878-MHT-WC Document 1 Filed 11/13/19 Page 1 of 29

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IN THE UNITED STATES'.1WRIKI COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHEIMOLVISMSP la 2 Li
11,-e
ED PARISH,JR,as Personal Representative ),
of the Estate of BILLY MATTHEW SMITH, ;),
)
Plaintiff,
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v.
JEFFERSON DUNN,
GRANTT CULLIVER,
JOSEPH HEADLEY,
KENNY WAVER,and
JEREMY A. SINGLETON
Defendants.

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I

Civil Action No.0 •11-

OJ -9)1

JURY TRIAL DEMANDED

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COMPLAINT
COMES NOW Plaintiff Ed Parish, Jr., as personal representative of the Estate of Billy
Matthew Smith (the "Plaintiff), and respectfully files this Complaint and alleges the following:
INTRODUCTION
1.

At twenty-nine (29) years old, Billy Matthew Smith ("Mr. Smith") entered the

custody ofthe Alabama Department of Corrections("ADOC")and, tragically, was released from
prison to a funeral home rather than to his family and his freedom following the end of his
sentence. Although he was not sentenced to death by an Alabama court, his sentence to the
custody ofthe ADOC for a period ofincarceration was tantamount to a death sentence.
2.

On or about November 13, 2017, at Elmore Correctional Facility, a prisoner,

Bryan A. Blount, punched Mr. Smith in the head causing him to fall and hit his head on the floor.

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3.

Later, on that same day, Defendant Jeremy A. Singleton, a correctional officer,

violently and excessively struck Mr. Smith, who was already injured, multiple times about his
head and face and kicked Mr. Smith's feet out from under him causing Mr. Smith to fall on the
ground. Defendant Singleton then failed to seek timely medical attention for Mr. Smith
following these rounds of violence.
4.

Mr. Smith suffered serious injuries as a result of these attacks including but not

limited to a significant traumatic brain injury. Those serious injuries ultimately proved to be
fatal, and Mr. Smith died on or about December 9, 2017, as a result of the injuries inflicted upon
him at the hands of a fellow prisoner and an ADOC employee.
5.

Both Bryan A. Blount and Defendant Jeremy A. Singleton have been charged by

the State of Alabama with manslaughter for their misconduct in causing the death of Mr. Smith.
6.

For several years, up to and including the date of Mr. Smith's death, pervasive

violence including prisoner on prisoner assaults and excessive force by correctional officers
plagued Elmore Correctional Facility.
7.

Prior to his death, statewide officials within the ADOC, including Defendants

Jefferson Dunn and Grantt Culliver, were aware of the violence that plagued Elmore
Correctional Facility and the ADOC officials assigned to Elmore Correctional Facility, including
Defendants Joseph Headley and Kenny Waver, were aware the facility they directly administered
was beset by violence on an ongoing basis.
8.

Around the time of Mr. Smith's death, the ADOC was experiencing the highest

prison homicide rates in the nation.
9.

The ADOC, by its own account, maintained grossly overcrowded and

understaffed prisons, including Elmore Correctional Facility, at the time of Mr. Smith's death.

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10.

Mr. Smith is survived by his three(3) minor children.
JURISDICTION AND VENUE

11.

This Honorable Court has original jurisdiction pursuant to 28 U.S.C. §§ 1331 and

1343(a)(3). Several claims herein arise under the Constitution, laws, or treaties of the United
States.
12.

The Court has supplemental jurisdiction over the pendent state law claim pursuant

to 28 U.S.C. § 1367(a).
13.

Venue is proper pursuant to 28 U.S.C. § 1391(b)(2), because a substantial part of

the events or omissions giving rise to the claims presented in this case occurred in the Middle
District of Alabama.
PARTIES
14.

Plaintiff Ed Parish, Jr. (the "Plaintiff') is the duly appointed personal

representative of the Estate of Billy Matthew Smith, see In re: The Estate of Billy Matthew
Smith, In the Probate Court for Marshall County, Alabama, Case No.: 18-125, and brings this
action pursuant to 42 U.S.C. § 1983 and Alabama Code § 6-5-410. The Plaintiff is seeking
damages on behalf of Mr. Smith's heirs as the representative of his estate to remedy the
violations of Mr. Smith's rights secured by the United States Conštitution and the laws of the
state of Alabama, to punish the Defendants for their wrongdoing, and to deter similar wrongful
conduct from occurring in the future. The Plaintiff is a citizen of Alabama and over the age of
nineteen (19) years old. The decedent, Mr. Smith, was originally frorn Arab, Alabama, and is
survived by his mother, his two(2)sisters, and his(3)children. He was thirty-five(35) years old
at the time of his death.

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15.

Defendant Jefferson Dunn("Dune or "Defendant Dune)is a citizen of Alabama

and over the age of nineteen (19) years old. Defendant Dunn was the Commissioner of the
ADOC at the time Mr. Smith was assaulted on or about November 13, 2017. In April 2015,
Defendant Dunn was appointed the Commissioner of the ADOC. Defendant Dunn is responsible
for exercising the authority, functions, and duties of the Commissioner of the ADOC including
the appointment of personnel and employees within the ADOC required for the performance of
the ADOC's duties towards the prisoners it incarcerates. Those duties include operating a prison
system that respects the constitutional and human rights of persons within the custody of the
ADOC, including the rights belonging to Mr. Smith while he was a prisoner at Elmore
Correctional Facility. Defendant Dunn is sued in his individual capacity.
16.

Defendant Grantt Culliver ("CuHive!'" or "Defendant Culliver) is a citizen of

Alabama and over the age of nineteen (19) years old. At the time Mr. Smith was assaulted at
Elmore Correctional Facility, Defendant Culliver was the Associate Commissioner of Operations
for the ADOC. He was responsible for overseeing the daily operations at the ADOC's
correctional facilities housing men including Elmore Correctional Facility where Mr. Smith was
housed in November 2017. Defendant Culliver is sued in his individual capacity.
17.

Defendant Joseph Headley ("Headley" or "Defendant Headley") is a citizen of

Alabama and over the age of nineteen (19) years old. Defendant Headley was the Warden of
Elmore Correctional Facility at the time Mr. Smith was assaulted there on or about November
13, 2017.

As Warden, Defendant Headley was responsible for the operation of Elmore

Correctional Facility. Defendant Headley is sued in his individual capacity.
18.

Defendant Kenny Waver ("Waver or "Defendant Waver) is a citizen of

Alabama over the age of nineteen (19) years old. Defendant Waver was a correctional officer

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with the rank of Lieutenant who was working as the shift commander at Elmore Correctional
Facility at the time Mr. Smith was assaulted there on or about November 13, 2017. Defendant
Waver was a supervisor to Defendant Jeremy A. Singleton and on duty at the time Defendant.
Singleton assaulted Mr. Smith and then ignored Mr. Smith's life-threatening medical needs.
Defendant Waver is sued in his individual capacity.
19.

Defendant Jeremy A. Singleton ("Singletoe or "Defendant Singletoe) is a

citizen of Alabama and over the age of nineteen (19) years old. Defendant Singleton was a
correctional officer employed by the ADOC when he assaulted Mr. Smith at Elmore Correctional
Facility on or about November 13, 2017, and later ignored Mr. Smith's life-threatening medical
needs that resulted from the violence he suffered at Elmore Correctional Facility on November
13, 2017, caused by Defendant Singleton and other assailant(s). Defendant Singleton is sued in
his individual capacity.
ALLEGATIONS
I.

OVERCROWDING,UNDERSTAFFING,AND VIOLENCE
THROUGHOUT ADOC FACILITIES

20.

The United States Constitution guarantees that all persons within the custody of

the ADOC have a right to be housed in safe conditions and not be subjected to violence.
21.

Despite these constitutional protections, Alabama's prisoners are subject to the

nation's highest prison homicide rate while incarcerated in ADOC prisons.
22.

For years, understaffing has been a persistent, systemic problem that leaves many

ADOC facilities including Elmore Correctional Facility incredibly dangerous and out ofcontrol.
23.

A spokesperson for the ADOC has observed: "There is a clirect correlation

between the level of prison violence and the shortage of correctional staff in an overpopulated
prison system with limited resources for rehabilitating offendersH"

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24.

ADOC prisons, including the Elmore Correctional Facility where Mr. Smith was

housed, have been systetnically overcrowded and understaffed for years creating an unsafe and
extremely dangerous environment for the prisoners in ADOC custody. Defendants Dunn,
Culliver, and Headley were aware of the understaffing issues within the Elmore Correctional
Facility specifically and know the excessive amount of violence within the ADOC prisons
generally that has resulted from understaffing.
25.

The ADOC's ongoing constitutional violations have been severe, inherent, and

compounded by deficiencies in staffing and supervision; overcrowding; inadequate incident
reporting; ineffective prison management and training; and include a historically excessive
arnount of violence at Elmore Correctional Facility specifically and within ADOC prisons
generally. In fact, Defendant Dunn has admitted violence within the ADOC was so pervasive
that it was essentially the "norm."
26.

At the end of 2015, it was reported that Defendant Dunn acknowledged that the

ADOC would face violent consequences from prison overcrowding and understaffing.
27.

Between September of 2015 and September 2016, the number of correctional

officers assigned to the ADOC's prisons declined twenty percent(20%).
28.

In October of 2016, only 53% of the correctional officer positions within the

ADOC were filled. ADOC spokesperson Bob Horton spoke to the understaffing stating, "Nile
Alabama Department of Corrections has a critical shortage of corrections officers...Since 2012,
the number of DOC officers has dropped by 20 percent and the rate of violent incidents has
increased exponentially."
29.

On October 6, 2016, the United States Department of Justice ("DOT') put

Defendants Dunn, Culliver, and Headley on notice that it had opened a Civil Rights of

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Institutionalized Persons Act ("CRIPA") investigation into Alabama's male prisons, including
Elmore Correctional Facility.
30.

In 2016, there were 2,111 reported occasions of prisoner-on-prisoner violence in

Alabarna prisons. This marked an eighteen percent (18%) increase from 2015. Incidents of
prisoner-on-prisoner violence that caused serious injuries increased by approximately sixty-five
percent(65%)in 2016.
31.

During the fiscal year 2017, ADOC publicly reported nine (9) homicides in its

men's prisons. This staggering and tragic death toll equates to a homicide rate of fifty-six (56)
per 100,000 prisoners.
32.

For Fiscal Year 2017, the ADOC publicly reported "critical levels of authorized

staffing shortages."
33..

In its 2017 Annual Report, the Alabama Department of Corrections lists "To

ensure safe, humane and constitutional conditions of incarceration in all facilities[J" including
Elmore Correctional Facility, as one of its Departntent Priorities.
34.

Despite these professed values in its own policy statements and prior

acknowledgement of forthcoming, violent consequences due to overcrowding and understaffing,
violence has continued unabated for years widdn the ADOC during the time of Mr. Smith's
incarceration while correctional officer staffing levels were simultaneously declining and
overcrowding was pervasive throughout ADOC prisons, including consistently high
overcrowding rates at Elmore Correctional Facility.
35.

According to the ADOC's public monthly reports, between January 2015 and

December 2017, twenty (20) prisoner deaths occurred as a result of homicide. However, the

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actual number of homicides is necessarily higher because Mr. Smith's death was not included in
the ADOC monthly reports.
36.

In June of 2017, the United States District Court for the Middle District of

Alabama found that "ADOC facilities are significantly and chronically overcrowded." Braggs v.
Dunn,257 F. Supp. 3d 1171, 1193(M.D. Ala. 2017). The court's findings pertained to, in part, a
time period inclusive ofthe time Mr. Smith was imprisoned at the Elmore Correctional Facility.
37.

Defendant Dunn himself, in sworn testimony in the United States District Court

for the Middle District of Alabama "aptly described the prison system as wrestling with a 'twoheaded monster': overcrowding and understaffing." Braggs,257 F. Supp. 3d at 1184.
38.

The district court in the Middle District of Alabama has noted that,

"Understaffing has been a persistent, systemic problem that leaves many ADOC facilities
incredibly dangerous and out of control....[A] severe shortage of officers leads to dangerous and
violent conditions, especially in high-security facilities with overcrowded dormitories." Braggs,
257 F. Supp. 3d at 1198.
39.

In June 2017, the United States District Court for the Middle District of Alabama

found that "[t]he combination of overcrowding and undetstaffing leads to an increased level of
violence, both because of the difficulty of diffusing tension and violence in an overcrowded
open-dormitory setting, and because of the lack of supervision by correctional officers." Braggs,
257 F. Supp. 3d at 1200.
40.

From January 1, 2017, to July 26, 2017,thirteen(13)prisoners were assaulted and

killed in Alabama prisons.
41.

By the end of 2017, the year of Mr. Smith's death, ADOC's workforce had been

in decline for eight(8) years.

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42.

The DOJ wrote Alabama Gov. Kay Ivey on April 2, 2019, stating that in the

course of its nearly two and a half year investigation it "had reasonable cause to believe that
Alabama routinely violates the constitutional rights of prisoners housed in Alabama's prisons by
failing to protect them from prisoner-on-prisoner violence...and by failing to provide safe
conditions."
43.

Although Defendants Dunn and Culliver were well aware of a history of

widespread violence throughout the ADOC's prisons housing men, the connection between
violence and the ADOC's chronic problems with overcrowding and understaffing, neither
Defendant Dunn nor Defendant Culliver took meaningful steps, through custom or policy, in
2015, 2016, or 2017 to significantly alter the numbers in ADOC's prisons which continued to
show too many prisoners and not enough correctional officers. Thus, the recipe for violence in
ADOC prisons was passed down year after year after year.
44.

This perpetuation of violence in ADOC prisons was further exacerbated by a

chilling effect that ADOC's culture of silence has on reporting internal misconduct. For
exarnple, ADOC's Investigations and Intelligence division personnel have previously admitted
that they lack the necessary autonomy and support to expose and prosecute staff misconduct.
Some ADOC personnel have expressed fear of reprisals and termination if they identify
inappropriate behavior by correctional officers or administrative staff.
II.

OVERCROWDING,UNDERSTAFFING,AND VIOLENCE
AT ELMORE CORRECTIONAL FACILITY

45.

Elmore Correctional Facility originally was built in 1981. It is a medium custody

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46.

The design capacity for Elmore Correctional Facility is approximately 600

prisoners. In the month Mr. Smith was fatally wounded at Elmore Correctional Facility, the
prison's census was 1,119 which is 186.5% of its design capacity.
47.

In July 2013, the Equal Justice Initiative complained to the Alabama Department

of Corrections of widespread physical abuse and other misconduct at Elmore Correctional
Facility.
48.

The Alabama Department of Corrections began its own investigation in July

2013, into as many as ten (10) incidences of correctional officers using violent force against
prisoners at Elmore Correctional Facility.
49.

Later that year, in October 2013, Derrick Denis was stabbed to death by another

ptisoner at Elmore Correctional Facility.
50.

Eight(8)prisoners were sent to Jackson Hospital in Montgomery, Alabama (three

(3) were admitted for treatment) in March 2014, following prisoner on prisoner violence in the
course of a riot in one of Elmore Correctional Facility's dormitories.
51.

That same year, Correctional Officer Jeremy Walker assaulted a handcuffed

prisoner at Elmore Correctional Facility in July 2014, and pled guilty to his criminal assault in
May 2017, in the United States District Court for the Middle District of Alabama.
52.

In November 2014, the Equal Justice Initiative publicly issued findings of

"widespread abuse and corruption" in Alabama's prisons. Correctional officers were reportedly
smuggling in contraband items creating a black market that stimulated violence in Alabama's
prisons. Correctional officers and administrators at Elmore Correctional Facility were alleged to
be involved in "prolonged pattems of violence."

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53.

Although Elmore Correctional Facility is a medium custody prison, by 2015,

violent offenders totaled roughly fifty percent(50%)of its population.
54.

By 2015, nearly 400 prisoners were held in each dorm at Elmore Correctional

Facility, and bunk beds were being used to detain such a large population in a constricted area.
55.

Leon Forniss, the Warden at Elmore Correctional Facility back in 2015, explained

that outfitting dormitories at the prison with bunk beds was unsafe. The use of bunk beds
prevented correctional officers from properly supervising the dormitories because of poor
sightlines. Typically, there were only two (2) correctional officers supervising dormitories
housing 392 prisoners.
56.

In 2015, Elmore Correctional Facility was understaffed by approximately fifty

percent (50%), and there was typically only one correctional officer for every fifty-nine (59)
prisoners.
57.

Because prisoners at Elmore Correctional Facility are often double-bunked, the

correctional officers' lines of sight inside the dormitories are limited, and this combination can
lead to a higher risk of violent activity.
58.

Instances of brutality by correctional officers and violence within the ADOC and

the Elmore Correctional Facility have been well documented.
59.

The pervasive culture of violence at Elmore Correctional Facility was widely

known throughout the ADOC prior to Mr. Smith's death and Defendants Dunn, Culliver, and
Headley knew that prisoners were at substantial risk of serious harm due to violence perpetrated
both by other prisoners and correctional officers.

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60.

In addition to the overcrowding and understaffing, the violence at Elmore

Correctional Facility perpetuates year after year because its correctional officers continue to lack
training and supervision needed to turn the tide of unrelenting violence inside prison walls.
61.

On February 8, 2015, a prisoner was stabbed and killed at Elmore Correctional

Facility.
62.

Another prisoner was stabbed and killed at Elmore Correctional Facility on March

25, 2016..
63.

A snapshot from almost any rnonth at Elmore Correctional Facility, in the months

leading up to Mr. Smith's injury and death, indicates serious levels of violence. For example, in
August of 2016, Elmore Correctional Facility recorded thirteen (13) assaults for a total of
seventy-two (72)at the facility eight(8) months into the year.
64.

In an eighteen (18) month window from February 2015 through August 2016,

there were three(3)prisoner homicides at Elmore Correctional Facility.
65.

In 2016, Defendant Dunn explained, "The systemic issues throughout the

department directly correlate to

serious overcrowding, understaffing, and outdated

facilities...Elmore Correctional Facility is just one example of what the entire system faces."
66.

Even after these unnecessary deaths, in September 2016, Elmore Correctional

Facility still housed 1,186 prisoners in a facility designed to hold 600 prisoners exceeding design
capacity by 198%.
67.

In 2017, the Elmore Correctional Facility did not even employ half of the

correctional officers that it was allowed to hire.

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68.

On February 16, 2017, a prisoner was found unresponsive in his cell at Elmore

Correctional Facility after he had been badly beaten and died as a result of his injuries. The
ADOC investigated his death as a homicide.
69.

That same day another prisoner was stabbed and killed at Elmore Correctional

Facility.
70.

Ten (10) days later on February 26, 2017, a prisoner was stabbed and killed at

Elmore Correctional Facility.
71.

In May of 2017, a correctional officer pled guilty to assaulting a prisoner at

Elmore Correctional Facility.
72.

In June 2017, the Alabarna Department of Corrections revealed the Correctional

Officer staffing level for Elrnore Correctional Facility was only at 42.9%.
73.

Again on July 25, 2017, another prisoner was stabbed and killed.

74.

In 2017 due to safety concerns related to a stabbing, Defendant Mum said

"critical staffing may be needed." Defendant Dunn also promised that, IN* will employ all
available resources to prevent the escalation of violence in light ofrecent incidents."
75.

Despite this assertion in response to safety concerns, Defendants Dunn and

Culliver failed to lessen the risk of violence within the ADOC facilities as the number of
reported incidents of prisoner-on-prisoner violent incidents continued to increase.
76.

In September 2017, a prisoner was beaten and injured at Elmore Correctional

Facility.
77.

In November of 2017; Elmore Correctional Facility was holding 1,119 prisoners,

and its population was at 186.5% of design capacity.

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78.

In just the month of November of 2017, there were twenty-seven (27) assaults at

Elmore Correctional Facility, and six (6) of these assaults led to a serious injury. Furthermore,
there were sixteen (16)fights among prisoners in November of2017.
79.

In December of 2017, Elmore Correctional Facility housed 1,131 prisoners for a

census of 188.5% of design capacity.
80.

At the time of Mr. Smith's death in December 2017, the ADOC only filled fifty-

eight (58) of 157 recommended correctional officer positions at Elmore Correctional Facility
which equates to a correctional officer staffing level of36.9% of recommended positions.
81.

Defendants Dunn and Culliver were aware of the significant, accelerated, and

unprecedented decline in correctional officers assigned to ADOC prisons and the substantial risk
of violence that the conditions within Elmore Correctional Facility and other mens' prisons
within the ADOC.
82.

Defendant Headley had direct knowledge of overcrowding, correctional

understaffing, and ongoing violence and threats of violence toward prisoners and correctional
officers at Elmore Correctional Facility in the rnonths leading up to Mr. Smith's death. Despite
his knowledge of substantial risks of serious harm to prisoners at Elmore Correctional Facility,
Defendant Headley failed to act to prevent prisoners at Elmore Correctional Facility, including
Mr. Smith,from suffering serious injury and untimely death.
III.

MR.SMITH'S INJURIES AT ELMORE CORRECTIONAL
FACILITY AND RESULTING DEATH

83.

As of 2017, and in the days and months leading up to the assault he suffered in

November of that year, Mr. Smith was incarcerated in the ADOC system at Elmore Correctional
Facility.

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84.

Prior to November 13, 2017, Defendants Dunn, Culliver, Headley and Waver, as

alleged supra, had long been aware of overcrowding, understaffing, and violence at Elmore
Correctional Facility and had failed to take reasonable steps to address those issues in the days
and months leading up to the time Mr. Smith was injured through an assault by a fellow prisoner,
Bryan A. Blount, and the subsequent excessive force and violence perpetrated by Defendant
Singleton at Elmore Correctional Facility.
85.

Mr. Smith's confinement within a prison where violence and terror reigned

created a substantial risk of serious harm to him.
86.

On or about November 13, 2017, Mr. Smith was found conscious but lying in a

dormitory bathroom with noticeable swelling on his forehead.
87.

Initially, Mr. Smith was injured by fellow prisoner Bryan A. Blount who had

punched Mr. Smith in the head causing him to fall and hit his head on the concrete floor.
88.

Bryan A. Blount has since been indicted by an Elmore County grand jury for

manslaughter for recklessly causing the death of Mr. Smith. See Ala. v. Blount, In the Circuit
Court for Elmore County, Case Nos. CC-19-420 & CC-19-581.
89.

Instead of being directly routed to necessary medical care, Mr. Smith was instead

transported to an area near the shift office within the Elmore Correctional Facility. Defendants
Waver and Singleton were present at the shift office when Mr. Smith was brought there.
90.

While he was near the shift office area, Mr. Smith's wrists and legs were in

restraintS and Defendant Singleton attacked Mr. Smith striking him multiple times about his head
and face and kicking his feet out from under him causing him to fall to the ground.
91.

Both Defendant Waver and Defendant Singleton were aware that Mr. Smith had

sustained serious injuries caused by another prisoner and Defendant Singleton and that Mr.

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Smith obviously required immediate medical care, yet both failed to seek medical attention for
Mr. Smith for an extended period oftime.
92.

After the significant delay in obtaining medically necessary treatment for Mr.

Srnith which exacerbated or worsened the serious injuries he sustained, Mr. Smith eventually
was taken to Jackson Hospital in Montgomery, Alabama on or about November 14, 2017.
93.

He received treatment for his serious injuries at Jackson Hospital from

approximately November 14, 2017 to December 9, 2017.
94.

On or about December 9, 2017, Mr. Smith died as a result of the blunt force

trauma he sustained during the November 13, 2017, assaults at Elmore Correctional Facility.
95.

Defendant Singleton has since been indicted by an Elmore County grand jury for

manslaughter for recklessly causing the death of Mr. Smith. See Ala. v. Singleton, In the Circuit
Court for Elmore County, Case No. CC-19-690.
96.

Defendants Dunn, Culliver, and Headley failed to take reasonable measures

including to adequately staff Elmore Correctional Facility to provide for the safety of Mr. Smith
and to prevent extreme violence at the hands of another prisoner and correctional staff within the
Elmore Correctional Facility that ultimately cost Mr. Smith his life. The deliberate indifference
of Defendants Dunn, Culliver, and Headley to Mr. Smith's constitutional rights exposed him to a
substantial risk of serious harm to his health and safety that ultimately cost him his life.
97.

Defendants Dunn, Culliver, Headley, and Waver violated the Eighth Arnendment

rights of Mr. Srnith when he was housed at Elmore Correctional Facility by failing to protect him
from violence and by failing to provide a safe environment.
98.

Defendant Dunn had been briefed about overcrowding, correctional understaffing,

and ongoing violence and threats of violence toward prisoners and correctional officers at

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Elmore Correctional Facility in the months leading up to Mr. Smith's death. Despite his
knowledge of substantial risks of serious harm to prisoners at Elmore Correctional Facility,
Defendant Dunn failed to act to prevent prisoners at Elmore Correctional Facility, including Mr.
Smith,from suffering serious injury and death.
99.

Defendant Culliver had been briefed about overcrowding, correctional

understaffing, and ongoing violence and threats of violence toward prisoners and correctional
officers at Elmore Correctional Facility in the months leading up to Mr. Smith's death. Despite
his knowledge of substantial risks of serious harm to prisoners at Elmore Correctional Facility,
Defendant Culliver failed to act to prevent prisoners at Elmore Correctional Facility, including
Mr. Smith,from suffering serious injury and death.
100.

Prior to the injuries he sustained and his untimely death, Mr. Smith reported to his

mother his concerns about his own safety and the safety of other prisoners at Elmore
Correctional Facility.

His concerns included his grave fear of violence perpetrated by

correctional officers against prisoners at Elmore Correctional Facility.
101.

The Defendants knew Mr. Smith was at risk to be hurt or killed due to the unsafe

conditions and violence at Elmore Correctional Facility.
102.

ADOC did not report Mr. Smith's death in its December 2017 Monthly Statistical

Report. ADOC reported that there were no "inmate-on-inmate homicides" in December of 2017.
103.

As of the date of this filing, no personnel from the Alabama Department of

Corrections has expressed sympathy to Mr. Smith's family on the loss of their loved one or
explained the circumstances surrounding his injury and death.
ATT()RNEYS'FEES

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104.

In order to prosecute the causes of action alleged herein, the Plaintiff retained the

undersigned attorneys to litigate the claims in this case. The Plaintiff is entitled to recover
reasonable attorneys' fees and costs. See 42 U.S.C. § 1988.
CAUSES OF ACTION
COUNT ONE
Violation of the Eighth and Fourteenth Amendments of the United States Constitution
and 42 U.S.C.§ 1983
Excessive Force
(Against Defendant Singleton)
105.

The Plaintiff adopts and incorporates by reference each and every allegation

contained in the preceding paragraphs ofthis Complaint as if fully set forth herein.
106.

Defendant Singleton's violent, physical assault of Mr. Smith was unconstitutional

cruel and unusual punishment under the Eighth and Fourteenth Amendments, and he was acting
under color of state law.
107.

The Eighth Amendment of the United States Constitution prohibits cruel and

unusual punishment, and the Fourteenth Arnendment incorporates the Eighth. Amendment to
make its provisions applicable to the state of Alabama.
108.

Defendant Singleton violated 42 U.S.C. § 1983 when he subjected Mr. Smith to

unconstitutional cruel and unusual punishment through the use of excessive force while acting
under the color of state law.
109.

Correctional officers may only use force "in a good faith effort to maintain or

restore discipline." Skrtich v. Thornton, 280 F.3d 1295, 1300 (11th Cir. 2002)(quoting Whitley
v. Albers, 475 U.S. 312, 320-21 (1986)).

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110.

When a correctional officer causes pain that is unnecessary and wanton, such

actions are unconstitutional cruel and unusual punishment. Whitley v. Albers, 475 U.S. 312, 319
(1986).
111.

To determine if a correctional officer has used unnecessary and wanton force

against a prisoner, the court will look to whether the force was implemented "maliciously and
sadistically for the very purpose of causing harm." Whitley v. Albers, 475 U.S. 312, 320-21
(1986)(quoting Johnson v. Glick, 481 F.2d 1028; 1033(2d Cir. 1973)).
112.

Defendant Singleton's physical assault of Mr. Smith was not done in good faith or

with any goal of restoring discipline.
113.

Defendant Singleton's physical assault of Mr. Smith was done with malice and

with the objective of severely injuring Mr. Smith.
114.

Defendant Singleton, acting individually and under the color of state law,

proximately caused Mr. Smith's death by physically beating Mr. Smith—thereby depriving Mr.
Smith of his clearly established rights secured by the Eighth and Fourteenth Amendments of the
U.S. Constitution in violation of42 U.S.C. § 1983.
115.

Defendant Singleton's misconduct proximately caused Mr. Smith's wrongful

death.
COUNT TWO
Violation of the Eighth and Fourteenth Amendments of the United States Constitution
and 42 U.S.C.§ 1983
Deliberate Indifference -- Failure to Protect Mr.Smith From The Use of Excessive Force
(Against Defendant Waver)
116.

The Plaintiff adopts and incorporates by reference each and every allegation

contained in the preceding paragraphs ofthis Complaint as iffully set forth herein.

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117.

Defendant Waver was the Shift Commander at Elmore Correctional Facility on

the night Mr. Smith was injured, and he was aware of what happened. Defendant Waver had
actual, personal knowledge of the assaults on Mr. Smith and his resultant injuries because he
personally observed the misconduct or was also told about the assaults on Mr. Smith and his
resultant injuries.
118.

Defendant Waver was aware that the assaults on Mr. Smith placed Mr. Smith at

substantial risk of serious harm because Mr. Smith was being physically beaten, including while
he was restrained. Defendant Waver was also aware of the delay over an extended period of
time to seek medical attention for Mr. Smith and failed to intervene or act on Mr. Smith's behalf
to obtain medically necessary treatment in a timely fashion.
119.

Defendant Waver knew Defendant Singleton was acting unlawfully by beating

Mr. Smith.
120.

Defendant Waver was aware of the history of widespread abuse at Elmore

Correctional Facility and, like all ADOC supervisory personnel, he was on notice of the need to
correct the ongoing constitutional violations that were rampant at that facility.
121.

Defendant Waver was following and enforcing customs or policies that caused

Eighth Arnendment violations at Elmore Correctional Facility. For example, Defendant Waver
followed and enforced a custom of permitting unconstitutional beatings of prisoners by guards,
including the assault and abuse of Mr. Smith by Defendant Singleton.
122.

Defendant Waver violated 42 U.S.C. §1983 when he subjected Mr. Smith to

prison conditions that were so dangerous they resulted in cruel and unusual punishment.
123.

Defendant Waver, like all the Defendants, was aware of the horrific rates of

violent assault and homicide at Elmore Correctional Facility.

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Defendant Waver's supervision participated in the violence and encouraged or failed to prevent
violence among the prisoners.
124.

Prisoner-on-prisoner violence and staff-on-prisoner violence were rampant at

Elrnore Correctional Facility when Mr. Smith was attacked and then died as a result.
125.

Defendant Waver was deliberately indifferent to the unconstitutional deprivation

of Mr. Smith's rights because Defendant Waver was aware that Mr. Smith was being beaten and
abused through the use of excessive force.
126.

Despite his actual knowledge of these circumstances, Defendant Waver refused to

provide help, to order others to provide help, or to assist in any way to prevent or rernediate the
savage treatment of Mr. Smith by Defendant Singleton and others.
127.

Defendant Waver was deliberately indifferent to the known fact of Elmore

Correctional Facility's constant threat of violence to prisoners, including Mr. Smith.
128.

Through his deliberate indifference, including his failure to implement measures

to protect prisoners from violence, Defendant Waver subjected Mr. Smith to cruel and unusual
punishment violating his Eighth Amendment rights.
129.

Defendant Waver's conduct proximately caused the denial of Mr. Smith's

constitutional rights.
COUNT THREE
Violation of the Eighth and Fourteenth Amendments of the United States Constitution and
42 U.S.C.§ 1983
Supervisory Liability for Cruel and Unusual Punishment in Light of Unconstitutionally
Dangerous Conditions
(Against Defendant Dunn,Culliver, Headley, and Waver)
130.

The Plaintiff adopts and incorporates by reference each and every allegation

contained in the preceding paragraphs of this Complaint as if fully set forth herein.

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131.

Defendants Dunn, Culliver, Headley, and Waver were responsible for confining

Mr. Smith safely in a prison where violence and terror reigned.
132.

Defendants Dunn,Culliver, Headley, and Waver were aware ofthe constant threat

of violence to Mr. Smith because of the ongoing horrific conditions at Elmore Correctional
Facility.
133.

Rather than acting to mitigate the constant threat of violence, Defendants Dunn,

Culliver, Headley, and Waver encouraged or failed to prevent violence by prisoners against other
prisoners, and by correctional officers against prisoners, and otherwise utterly failed to
implement policies to prevent such atrocities.
134.

Conditions at Elmore Correctional Facility amounted to an environment in which

Mr. Smith was subjected to the constant threat of violence. These conditions included but were
not limited to the following:
a.

Prisoners were not properly housed based on their proclivity towards

b.

Correctional officers were not disciplined or removed from the prison

violence.

population in response to previous acts of violence, use of excessive force, or other indicators
that they were unlikely to refrain from violating prisoners' rights.
c.

Elniore Correctional Facility was known to house More prisoners than it

could accommodate.
d.

Elmore Correctional Facility was routinely understaffed.

e.

Prison officials and correctional officers failed to keep track of prisoners'

whereabouts, nor did they provide for effective monitoring of the conduct of prisoners or of
correctional officers by the correctional officers' supervisors.

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f.

Prisoners were free to roam freely; doors and locks were either not

functioning or were not used properly throughout Elmore Correctional Facility.

g.

Prisoners were armed and either encouraged to use violence or not

discouraged from using violence.
h.

Elmore Correctional Facility was not operated in accordance with written

policies. To the extent policies nominally existed, they were not followed, and Defendants
Dunn, Culliver, Headley, and Waver knew the policies were not followed. Nevertheless, these
Defendants failed to enforce the policies, and instead, allowed and encouraged a state of
lawlessness to persist at Elmore Correctional Facility.
i.

Prisoners were either not disciplined, or were disciplined in ways that

were not provided for underwritten policies, resulting in rampant violations of prisoners'
constitutional rights, including the right to be free from the use ofexcessive force.
j.

Correctional officers were stationed out of earshot or eyesight of

prisoners, and supervisors were stationed out of earshot or eyesight of the correctional officers
they were supervising.
135.

Defendants Dunn, Culliver, Headley, and Waver either encouraged violence or

did not disco4rage violence at Elmore Correctional Facility by, among other things, failing to
take any action to deter correctional officers from using excessive force, and failing to end the
custom or policy of encouraging prisoners to use violence against each other or not discouraging
prisoners from using violence against each other.
136.

A history of widespread constitutional violations in the form of abuse and assaults

at Elmore Correctional Facility -- both by prisoners against other prisoners, and by correctional
officers against prisoners -- was known to Defendants Dunn, Culliver, Headley, and Waver.

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137.

Defendants Dunn, Culliver, Headley, and Waver each had the ability to address

the widespread constitutional violations at Elmore Correctional Facility, but failed to do so.
138.

Defendants Dunn, Culliver, Headley, and Waver knew that the conditions at

Elmore Correctional Facility were cruel and unusual, and that the widespread, rampant violence
was a threat to the safety of all prisoners, including Mr. Smith. Overcrowding combined with
understaffing causes and exacerbates the violence prisoners are subjected to when incarcerated in
prisons with such poor conditions.
139.

Defendants Dunn, Culliver, Headley, and Waver implemented policies, customs,

and conditions at Elmore Correctional Facility that ensured Mr. Smith would be stripped of his
ability to protect himselffrom assaults such as the ones he suffered, and that he would be further
stripped of his ability to access aid.
140.

Despite their knowledge of exactly how violent the conditions at Elmore

Correctional Facility had become, and their knowledge of the need to implement policies and
procedures to address the violence there, Defendants Dunn, Culliver, Headley, and Waver failed
to implement policies to curb the violence.
141.

Defendants Dunn, Culliver, Headley, and Waver followed, and encouraged their

subordinates to follow, customs and policies which resulted in deliberate indifference to
constitutional rights, such as the right to be free from cruel and unusual punishment.
142.

Defendants Dunn, Culliver, Headley, and Waver knew that their subordinates

were acting unlawfully or would act unlawfully, but failed to prevent them from doing so. These
failures resulted in the violations of prisoners' constitutional rights, including those deprivations
of Mr. Smith's constitutional rights which resulted in his death.

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143.

There is a causal connection between the actions of Defendants Dunn, Culliver,

Headley, and Waver on the one hand, and Mr. Smith's death on the other.
COUNT FOUR
Violation of the Eighth and Fourteenth Amendments of the United States Constitution and
42 U.S.C.§ 1983
Deliberate Indifference -- Failure to Address a Known,Serious Medical Need
(Against Defendants Waver and Singleton)
144.

The Plaintiff adopts and incorporates by reference each and every allegation

contained in the preceding paragraphs ofthis Complaint as if fully set forth herein.
145.

Mr. Smith had a serious medical need for treatment following the assaults and

resultant injuries he was subjected to by Defendant Singleton.
146.

Defendants Singleton and Waver were both aware of Mr. Smith's serious medical

need because they were personally aware of the physical beating he had sustained and the
resultant, obvious injuries.
147.

Defendants Singleton and Waver acted with deliberate indifference by failing to

seek medical attention for Mr. Smith for an extended period of time. In addition to failing to
seek medical attention for Mr. Smith, they did not take any steps to warn others that Mr. Smith
needed medical attention, or to arrange for Mr. Smith to timely obtain medical attention in any
way.
148.

Defendants Singleton and Waver's failure to address Mr. Smith's known, serious

medical needs following the assaults and resultant injuries Mr. Smith suffered had a causal
connection to Mr. Smith's death.
149.

Mr. Smith's need for medical attention was obvious. He was experiencing

bleeding and swelling and the severity of the assaults were personally observed by Defendants
Singleton and Waver.

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150.

Mr. Smith's need for medical attention was urgent, and it was obvious to

Defendants Singleton and Waver that the delay in treating Mr. Smith's injuries would worsen his
condition.
151.

Defendants Singleton and Waver had subjective knowledge of the risk of serious

harm to Mr. Smith because they were personally aware of the assaults and the injuries Mr. Smith
sustained.
152.

Defendants Singleton and Waver disregarded the risk of serious medical harm to

Mr. Smith. Defendant Singleton caused the harm by assaulting Mr. Smith; instead of seeking
medical attention, Defendant Singleton further assaulted and abused Mr. Smith. Defendant
Waver disregarded the risk of serious medical harm to Mr. Smith because, instead of seeking
medical attention or ordering others to do the same, Defendant Waver allowed Mr. Smith to
languish without medical attention for an extended period of time.

Defendant Waver

consciously declined to timely intervene in any way to help Mr. Smith or address his need for
medical attention.
153.

Defendants Singleton and Waver's conduct was more than grossly negligent

because they were aware of a substantial risk of serious harm to Mr. Smith from the beating he
was subjected to, but did not take any reasonable measures to alleviate that risk.

Both

Defendants Singleton and Waver failed to seek medical attention for Mr. Smith for an extended
period of time after they were aware of his injuries
154.

It was evident to both Defendant Singleton and Defendant Waver that a delay in

Mr. Smith's treatment would exacerbate the medical problem he was facing following the
assaults. There was no justification for the delay of medical treatment, but Defendants Singleton

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and Waver nevertheless delayed seeking medical treatment for Mr. Smith for an extended period
of time.
155.

As a result of Defendants Singleton and Waver's knowing failures to timely seek

necessary medical treatment for Mr. Smith, Mr. Smith suffered injuries up to and including his
death.
COUNT FIVE
Ala. Code § 6-5-410
Wrongful Death
(Against Defendant Singleton)
156.

The Plaintiff adopts and incorporates by reference each and every allegation

contained in the preceding paragraphs of this Complaint as if fully set forth herein.
157.

The death of Mr. Smith was the direct and proximate result of Defendant

Singleton's intentional assaults on Mr. Smith and his failure to seek necessary medical attention
in the face of Mr. Smith's obvious and urgent need for medical treatment.
158.

Defendant Singleton's actions and failures to act proximately caused Mr. Smith's

159.

Defendant Singleton's misconduct gives rise to a cause of action by Mr. Smith's

death.

personal representative and renders Defendant Singleton liable for punitive damages under
Alabama's wrongful death statute, Ala. Code § 6-5-410.
160.

Mr. Smith could have commenced an action for these wrongful acts or failures to

act if they had not caused his death.
PRAYER FOR RELIEF
WHEREFORE, premises considered, the Plaintiff respectfully prays that this Honorable
Court enter an Order:

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A.

That this Honorable Court enter a judgment in favor of Plaintiff and against

Defendants Dunn, Culliver, Headley, Waver, and Singleton under 42 U.S.C. § 1983 and
Alabama law;
B.

That darnages be awarded to Plaintiff against Defendants in their individual

capacities in an amount deemed appropriate by a jury and authorized by law;
C.

That attorneys' fees, expenses, and costs of this action be awarded as authorized

by law, including under 42 U.S.C. §§ 1983 and 1988; and
D.

That the Plaintiff be awarded such other and further relief as the Court deems just

and proper.
JURY DEMAND
Plaintiff demands trial by a struck jury.
Dated: November 13, 2019

Respectfully submitted,

Gregory arzaur (ASB-0759-E45Z)
One ofthe Attorneysfor the Plaintiff
OF COUNSEL:
Anil A. Mujumdar(ASB-2004-L65M)
ZARZAUR
2332 Second Avenue North
Birmingham, Alabama 35203
T: 205.983.7985
F: 888.505.0523
E: gregory@zarzaur.com / anil@zarzaur.com

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PLAINTIFF WILL SERVE THE FOLLOWING DEFENDANTS WITH THE SUMMONS
AND COMPLAINT BY PERSONAL PROCESS SERVER:
Jefferson Dunn
Cornmissioner, Alabama Department of Corrections
301 South Ripley Street
P.O. Box 301501
Montgornery, Alabama 36130-1501
Grantt Culliver
11977 Wares Ferry Road
Montgomery, Alabama 36117
Joseph Headley
Warden- Staton Correctional Facility
2690 Marion Spillway Road
Elmore, Alabama 36025
Kenny Waver
Elmore Correctional Facility
3520 Marion Spillway Road
Elmore, Alabama 36025
Jeremy A. Singleton
254 Lynwood Drive Apartment B
Montgomery, Alabama 36105

29