ADOC Statement on Justin Faircloth

The case of Justin Faircloth has garnered significant attention, and the ADOC both understands and appreciates the advocacy of his wife and family for his continued medical care while incarcerated with the Alabama Department of Corrections. As with any case involving medical care, due to HIPPA protections we legally cannot comment on the exact nature or aspects of his continued treatment while in our custody unless expressed permission is granted. It is clear, however, based on information available in the public domain, that his situation is both unique and unfortunate, and we sympathize with his family during this difficult time.

However, allegations that Justin Faircloth has not received or is not receiving prompt and thorough medical attention and ongoing treatment are both unfounded and categorically false. The ADOC’s Health Services Division, while struggling with the same type of staffing challenges the Department is working diligently to overcome, is comprised of numerous, hardworking and caring individuals who regularly go above and beyond to fulfill their duties. In the case of Mr. Faircloth, he without question has received equal if not better outside medical care than if he remained free to access the open healthcare system. He also, without question, was rapidly provided access to medical professionals who specialize in treating his particular condition shortly after his intake at Kilby Correctional Facility. It is worth noting that anyone who has found themselves in a situation where they must regularly navigate the open healthcare system likely understands its challenges related to accessibility and cost.

The ADOC is responsible for safely housing individuals remitted to our custody after being convicted of a crime or crimes by the criminal justice system. The unfortunate reality which must be acknowledged in this case is that, when one commits and is convicted of a crime, that individual loses his or her freedom – including their freedom of choice. In the case of Mr. Faircloth, one of the unintended consequences of the actions he took which led to his conviction and subsequent incarceration is that he lost the freedom to choose his own medical provider. What that means is that he no longer has the ability to choose from whom or from where treatment for his condition is provided – not that he no longer has a right to adequate medical treatment. Mr. Faircloth – like all those who require ongoing, outside medical intervention – has and will continue to receive the caliber of treatment to which is he legally entitled while in ADOC custody.

Regarding the possibility of obtaining medical furlough, Mr. Faircloth does not qualify as no physical or medical condition that existed at the time of sentencing (unless the inmate has become incapacitated or terminally ill after the date of sentencing) shall provide the basis for eligibility under section 14-14-3 of the Alabama Medical Furlough Act.

We acknowledge the difficult situation faced by Mr. Faircloth and his family, and extend our best wishes for a successful recovery.