Safety and Basic Care in Georgia’s Largest County Under Scrutiny”
On a significant day, Kristen Clarke, the Assistant Attorney General, accompanied by United States Attorney Ryan Buchanan, Northern District of Georgia, announced a civil rights investigation into the Fulton County Jail, Georgia. The probe aims to uncover potential patterns of constitutional violations, particularly concerning living conditions, medical and mental health care access, use of excessive force, and discrimination against people with psychiatric disabilities.
Clarke cited two key legislations underpinning this initiative – the Civil Rights of Institutionalized Persons Act and the Americans with Disabilities Act (ADA). The former authorizes the Department of Justice to investigate state institutions, including county jails, for constitutional violations. The latter mandates equal access to public services and benefits for incarcerated individuals with disabilities, prohibiting discrimination based on someone’s disability. Clarke reminded her audience that the ADA, marking its 33rd anniversary this month, continues to be instrumental in protecting the rights of those incarcerated.
The decision to launch this comprehensive investigation was based on a thorough review of publicly available information and inputs from various stakeholders. Several disturbing incidents spotlighted the urgent need for this inquiry.
In September 2022, a destitute man with a severe psychiatric condition, LaShawn Thompson, tragically died in a cell within the jail’s mental health unit. Thompson’s body was found covered in lice and filth, prompting an independent medical examiner to conclude that severe neglect led to his demise. Subsequent findings revealed that the mental health unit was infested with insects, and most of the inhabitants were malnourished, receiving inadequate care.
The deplorable state of the Fulton County Jail, which the Fulton County Sheriff himself acknowledged as “dilapidated and rapidly eroding,” has reportedly compromised the safety of its occupants. Reports included instances of flooding, significant structural damages, and makeshift sleeping arrangements in common areas.
The alarming levels of violence within the jail also warranted investigation, with reports citing an average of more than one stabbing incident per day in 2022. Furthermore, three suspected homicides occurred in the same year, one incident revealing a victim’s body concealed for several hours before discovery.
Adding to the list of infractions, two detention officers from Fulton County face state charges for inappropriate use of force, including an incident where a female arrestee was choked during the booking process.
Clarke stressed the importance of recognizing that constitutional and civil rights are not forfeited upon incarceration, highlighting the racial justice aspect as 87% of the jail population is Black.
Fulton County, home to over a million people, includes the City of Atlanta and comprises more than 10% of Georgia’s population. The probe into the county’s jail underscores the unique role local jails play in the criminal justice system, given they are the initial point of incarceration for many. Clarke called for a focus on humane conditions within these facilities, emphasizing the right of all individuals to live safely while navigating the criminal process.
Notably, the Civil Rights Division has pursued systemic reforms in local jails across the country, striving to identify and address the root causes of unconstitutional confinement conditions. Several successful initiatives have already improved conditions in county jails in New Jersey, Virginia, and California.
This probe into the Fulton County Jail is the latest in the Department’s efforts to safeguard the rights of incarcerated people, ensuring independent, thorough, and fair investigations. In the event of a constitutional or ADA violation, the Department will provide written notice to Fulton County and its sheriff, outlining the necessary remedial measures.
This pressing endeavor reflects the Civil Rights Division of the Justice Department’s unwavering commitment to addressing unconstitutional, unlawful, and inhumane conditions within prisons and jails. Their partnership with the U.S. Attorney’s Office for the Northern District of Georgia aims to cooperatively establish solutions to any uncovered issues, ensuring the protection and respect of the rights of all incarcerated individuals.
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