One way to leave a positive legacy on the world is to become an organ donor. You won't have any further use for them, but each harvested part can extend someone else's life, be used for research, or become teaching tools for medical students.
Of course, it's necessary to get permission before helping yourself to the deceased's heart, liver, and other internal bits. It feels as if a university medical center should have known that.
In what sounds like part of the plot for the latest Stephen King horror novel, on August 13, 2025, a judge denied most of a motion for dismissal in a lawsuit where the defendants stand accused of illegally harvesting the organs of a deceased Alabama inmate without permission and obscuring the act from the family. Perhaps even more unnerving is that this is just one of many similar lawsuits lodged against a host of Alabama agencies and schools, including the Department of Corrections and the University of Alabama - Birmingham (UAB).
While the defendants claim that members within the correctional system have the right to authorize the autopsies and organ harvesting of deceased inmates, the family of Matthew Harrell charges in their suit that it's a violation of the Uniform Anatomical Gifts Act. Alleging fraud, conspiracy, and a tort of outrage for the unauthorized "desecration" of Harrell's corpse among its charges, the suit seeks unspecified damages in a jury trial.
Uhm, I Wouldn't Open That if I Were You
On the evening of March 21, 2023, Violet Harrell received a phone call from a chaplain informing her that her son Matthew, an inmate at the Federal Correctional Institution in Talladega, had died a few hours earlier while playing basketball. Two days later, Violet called the prison and was told she couldn't see her son's body, as it was scheduled for an autopsy.
According to the lawsuit, it was suggested that Violet use a specific funeral home and that her son's body would be delivered in a suit, ready for burial. Violet claims that at no point was she asked for permission for either an autopsy or organ donation, nor did she sign any releases to that effect.
The family had the body moved from the recommended funeral home to one of their own preference after arrival on March 27. The owner of the selected funeral parlor alerted the Harrells that Matthew's body wasn't in good shape and offered to "clean up" what they considered to be sub-standard preparation.
After the funeral on April 1, 2023, the family began trying to get a copy of the autopsy report. The director from the suggested funeral home indicated they should contact UAB, as that's where the autopsy had been conducted. After being informed by the Talladega County coroner that UAB should indeed be the source, the family claims they were ignored by the school. They finally received a copy from the county coroner via the Federal Correctional Institution in Talladega.
Furious about the treatment of Harrell's remains and upset that the harvesting of his organs was done without their permission, the family filed suit on March 21, 2025, against UAB, the University of Alabama Health Services Foundation, two doctors, and up to 40 "fictitious defendants."
Does Incarceration Equal Ownership?
In their motion to dismiss filed on June 27, 2025, the defendants argued that the permission given to them to perform an autopsy on Harrell by Talladega Warden Melissa Kimberley was legal and covered all aspects of the procedure, including the taking of his organs. They further contended that an Unlawful Conversion of Anatomical Parts claim was invalid because a deceased person's "organs and tissues are not personal property capable of being converted."
UAB continued to maintain that it acted within "ethical guidelines" and that the organs were used to help teach medical students. Those arguments failed to sway Jefferson County Judge Pat Ballard, who allowed the suit to continue after striking down only a fraud claim. Given the U.S.'s track record regarding organs and lack of consent, this issue strikes a deep chord.
The Harrell family has 30 days to file an amended complaint.
Related Resources
- Prisoners' Rights (FindLaw's Civil Rights Law)
- So You Want To Be an Organ Donor (FindLaw's Law and Daily Life)
- Living Will Basics (FindLaw's Estate Planning)
