(CN) - A state judge in Alabama allowed claims to proceed Wednesday against the University of Alabama Health Services Foundation (UAHSF), the University of Alabama at Birmingham (UAB) and two pathologists accused of harvesting a federal inmate's organs during an autopsy without family consent. 

The parents of Matthew Harrell, who died in March 2023 while incarcerated in Talladega, Alabama, claim the practice is part of a broader, systemic exploitation of incarcerated individuals across the state that has resulted in a number of lawsuits. According to court documents, Harrell's parents, Violet and Jimmie Harrell, were never informed that his organs and tissues were removed and retained during a state-conducted autopsy at UAB. 

The Harrells filed a lawsuit in Jefferson County Circuit Court in March accusing UAHSF, UAB, Dr. Stephanie Reilly and Dr. Paul Benson of fraud, conspiracy, unlawful conversion and emotional distress under Alabama law. They claim the defendants routinely performed autopsies and retained organs from deceased inmates without proper consent from next of kin, relying instead on authorization from prison officials. 

Harrell's autopsy report stated permission was granted by Talladega warden Melissa Kimberley, who signed a form claiming she was the "legally designated representative" entitled to authorize the procedure.

However, the Harrells argue that Alabama's Uniform Anatomical Gifts Act requires notification and approval from next of kin for organ retention unless the autopsy is strictly for determining cause of death. They say they were never asked for consent and only discovered the organ removal months later, when the funeral home director advised them not to view Harrell's body due to its "severely damaged" condition.

"Defendants misled plaintiffs concerning whether their behavior was lawful," the family states, claiming the defendants engaged in a "pattern and practice" of retaining organs from inmates under questionable legal authority.

In a June motion to dismiss, the defendants claimed there is no private right to sue under organ donation laws, that organs are not "property" under conversion law and human remains cannot be treated as personal property. Thus, the family cannot sue for unlawful "theft" of organs.

The motion further asserts the fraud claims are too vague and the family failed to prove the doctors knowingly participated in an illegal scheme.

According to Michelle Dahl, an attorney for the National Police Accountability Project who is on the Harrells' legal team, Jefferson County Judge Pat Ballard on Wednesday denied the defendants' motion to dismiss on all grounds except for fraud. The family plans to file an amended complaint within 30 days and commence discovery thereafter.

"The family has been completely shocked that, after they lost their loved one who was in federal prison and was set to be released, [his body was] picked apart and used for other purposes without their consent," Dahl explained in a phone call Wednesday. "They really want to bring this case to make sure that this doesn't happen to any other families. I think they feel incredibly violated and like their loved one who was incarcerated was considered less than human, and that's why UAB felt like they could get away with this."

Dahl said organs should be treated as "quasi-property" that family members should have a right to dispose of in accordance with their wishes. Dahl emphasized that UAB's practice of retaining or disposing of organs after an autopsy is contrary to normal practice and "absolutely illegal and outrageous." 

She said Alabama's existing law offers adequate protections the defendants violated. Dahl also noted the state's legislators have written bills in recent years that would enhance the unauthorized harvesting or retention of organs from a misdemeanor crime to a felony. 

"The law right now does protect families," she said. "The reason why we're here today is because UAB was not following the law."

In an emailed statement Wednesday, a spokesperson for UAB declined to comment on the pending litigation. But broadly speaking, UAB's pathology department "has been in compliance with laws governing autopsies to determine the cause of death of incarcerated individuals under the appropriate clinical standard, and a panel of medical ethicists reviewed and endorsed our protocols regarding autopsies conducted for incarcerated persons."

Source: Courthouse News Service