In a major development that underscores the critical importance of accountability and human rights, an Alabama state judge has ruled that a lawsuit accusing state prisons of illegally harvesting organs from deceased inmates can proceed.
The consolidated case, brought forward by eight families, alleges that the Alabama Department of Corrections (ADOC) permitted the University of Alabama at Birmingham (UAB) to extract and study organs from their loved ones without obtaining consent from next of kin — a serious violation of state law and ethical standards. The families claim this misconduct was intentionally concealed from them.
Judge Dismisses State Immunity Argument
On Tuesday, Circuit Court Judge J.R. Gaines rejected a motion from the defense to dismiss the lawsuit based on the principle of state immunity, which typically shields state officials from litigation if actions are carried out within their official roles.
However, Judge Gaines ruled that immunity does not apply when officials act unlawfully, fraudulently, or outside their legal authority. In his written decision, he emphasized that immunity cannot be used as a shield when actions are “willful, malicious, fraudulent, in bad faith, beyond their authority, or under a mistaken interpretation of the law.”
This pivotal ruling opens the door for the families to seek justice in a case that challenges long-standing practices within Alabama’s correctional and medical systems.
Families Claim Breach of State Law and Ethical Violations
Lawyers representing the families argue that the contract between ADOC and UAB — which authorized autopsies and organ retention — was itself illegal. Under Alabama state law, medical examiners are prohibited from keeping organs without explicit permission from the deceased’s family.
Attorney Lauren Faraino, who represents all eight families, praised the judge’s decision, saying,
“We are encouraged to see our legal system affirm that no one is above accountability. Our clients are simply seeking recognition that harm occurred — and a path forward rooted in responsibility and truth.”
The lawsuit also highlights allegations of a broader pattern of misconduct, with two additional families filing similar claims in Jefferson and Barbour counties.
Heartbreaking Personal Stories Bring Human Cost to Light
The deeply personal toll of these allegations was evident during a February hearing attended by family members of Kelvin Moore, who died in 2023 at Limestone Correctional Facility.
Moore’s family discovered that his organs had been removed without their knowledge. After a grueling four-hour drive to UAB, they were handed a sealed red bag containing what they were told were Moore’s remains. That bag was buried along with his body.
Simone Moore, Kelvin’s brother, voiced the family’s anguish:
“You’re robbing the deceased. We’re responsible for laying them to rest. We probably can never lay Kelvin to rest now.”
Financial Incentives Under Scrutiny
Evidence submitted to the court revealed that between 2006 and 2015, UAB’s Division of Autopsy derived nearly a quarter of its annual income from autopsies performed on inmates under the ADOC’s authority. An additional 29% came from the Alabama Department of Forensic Sciences.
A report prepared by former UAB medical students and presented to the Ethics Oversight Committee in 2018 further exposed disturbing practices. The report noted that organs from deceased prisoners were especially valuable for medical research because untreated diseases in prison settings tend to progress more severely.
One internal document chillingly noted, “it is easier to study a 3 cm tumor than a 3 mm one.” Another revealed that roughly a third of lung samples in a university lab came from incarcerated individuals.
Attorney Michael Strickland, representing the families, said in court:
“If this were happening in a local hospital or funeral home, the Attorney General’s office would be investigating it — not defending it.”
Despite multiple requests, attorneys for the defendants have declined to comment on the case.
What’s Next: A Fight for Justice
The families are now preparing for the next phase of litigation, hoping to uncover the full extent of the practices and demand accountability from both the Alabama Department of Corrections and the University of Alabama at Birmingham.
This case shines a harsh light on the treatment of incarcerated individuals — a population often invisible to the public — and raises critical ethical questions about consent, dignity, and respect for the deceased.
As the lawsuit moves forward, it signals a broader call for transparency, reform, and the unwavering protection of human rights, even behind prison walls.
