Court upholds suspension of Clayton County Sheriff Victor Hill
Suspended Clayton County Sheriff Victor Hill appears in federal court for a hearing on his motion to dismiss the indictment against him on Nov. 29, 2021. (Richard Miller)
ATLANTA - A Fulton County Superior Court judge had denied the request to override the governor's suspension of Clayton County Sheriff Victor Hill.
COURT HEARS ARGUMENTS TO LIFT SUSPENSION OF CLAYTON COUNTY SHERIFF
On Wednesday, a judge ruled that it could not overturn the suspension because Hill's lawyers did not demonstrate to the court that it was the only legal relief to do so after hearing arguments late last month and again early this month. The final ruling sides with the state and Gov. Brian Kemp, upholding the suspension.
In April, a federal grand jury indicted Hill on several charges related to civil rights abuses against detainees at the Clayton County Jail. Gov. Kemp suspended Hill in an executive order in June pending the outcome of his federal case. Kemp's order was based on the recommendation of a committee that reviewed Hill's indictment. The committee included Burke County Sheriff Alfonzo Williams, Cherokee County Sheriff Frank Reynolds and Georgia Attorney General Chris Carr.
Attorneys argued the case against Hill is unconstitutional, saying the move by federal prosecutors is politically motivated.
Attorneys for suspended Clayton County Sheriff Victor Hill released a letter sent to Kemp in September requesting his immediate reinstatement, citing Georgia law. Attorneys said Hill's suspension should be over because a time limit provision expired.
Hill's suspension was made effective on June 2 based on the recommendation of a panel appointed by the governor. Hill's attorneys cited Georgia code O.C.G.A § 45-5-6 (d), which they say supports their demand he should be reinstated.
CLAYTON COUNTY SHERIFF VICTOR HILL GETS BACKING OF CIVIL RIGHTS ORGANIZATION
Suspended Clayton County Sheriff Victor Hill sits in a federal courtroom in Atlanta as his lawyer argues for his case to be dismissed on Nov. 29, 2021. (Richard Miller)
In the indictment, Hill is accused of ordering deputies to strap detainees in restraint chairs for hours inside the Clayton County Jail.
Kurt R. Erskine, acting U.S. Attorney for the Northern District of Georgia, said Hill deprived the detainees of due process because the force was so excessive it amounted to punishment. Erskine said each charge carries a maximum sentence of 10 years in prison if it is found beyond a reasonable doubt that the use of force caused pain and bodily injury.
Hill pleaded not guilty in federal court. His legal team has argued that Hill's rights have been violated by the government's handling of his indictment and suspension.