Fortner family demands accountability after son's murder inside Fulton County Jail

Name: Family of Leonard Fortner files lawsuit
Uploaded: 2025-04-07T22:38:37-04:00
Description: On the anniversary of their son’s death, the parents of a man who was murdered at the Fulton County Jail say: the time for talk is over. They’re suing the county, the sheriff and the county board of commissioners, saying they are responsible their son’s death.

Family of Leonard Fortner files lawsuit

On the anniversary of their son’s death, the parents of a man who was murdered at the Fulton County Jail say: the time for talk is over. They’re suing the county, the sheriff and the county board of commissioners, saying they are responsible their son’s death.

ATLANTA - A family is taking legal action after their son was stabbed more than 20 times inside the Fulton County Jail in 2024.

In a new lawsuit, the Fortner family claims their son, 37-year-old Leonard Fortner, died due to negligence inside the jail.

The death of Leonard Fortner

The backstory:

The family is suing Fulton County, the sheriff, and the Fulton County Board of Commissioners, and they said they hope this lawsuit will hold those responsible for the Fulton County Jail accountable for keeping those incarcerated safe.

The complaint claims the staff left their son, who was a member of the LGBTQ+ community and was HIV-positive, in the general population when he should’ve been isolated for medical reasons. However, Fortner was left in the general population from February 2024 until April 4, 2024, when he was killed.

The lawsuit, filed on the one-year anniversary of Fortner’s murder, also claims the man who stabbed Fortner, Edward Cherry, used a piece of the jail’s crumbling walls to kill Fortner. Cherry has since pleaded guilty in court and is serving a life sentence in prison.

Leonard Fortner

Leonard Fortner's family files lawsuit

What they're saying:

"He did not have the protection. He did not have his civil rights honored," said Leonard’s mother, Donna Fortner. "So, we're wanting reform and reform enough where it's going to save lives."

"He took part of the building, made the shank, and stabbed him over 20 times, stabbed him to death," said CK Hoffler, the family’s attorney. "Being arrested and going to jail, to a county jail, should not equal a death sentence."

SEE ALSO:

DOJ's report on Fulton County Jail

Dig deeper:

Hoffler said what happened to Fortner is part of the negligence that was outlined in the November 2024 Department of Justice report on conditions and management of the Fulton County Jail.

"It was a level of hurt. It was a level of disappointment. It felt as though we were deprived of Leonard’s longevity of life because of their neglect," said Donna Fortner.

That DOJ report was followed by a January consent decree demanding changes be made.

"When the federal government is saying, ‘You need to do this or else,’ which is what a consent decree is, ‘you must do ABC or else,’ and it's enforceable by the courts, that, to me, would lead to plenty of action under normal circumstances, but we've not seen that," said Hoffler.

"Where are the corrections? Where are you really working to make it better? It is your job. Do your job," said Fortner.

Fulton County Jail woes

Local perspective:

The Fortners say the county's inaction is why now is the right time for their lawsuit. As they wait for the county to enact federal demands, they hope their lawsuit will force real changes, so others inside the jail can serve their time safely.

"We will never be the winners because we won't have our son, but at least we can be the advocate for those who cannot speak out, for those who may not know who to contact, build a community. Build a village," said Fortner.

The Fortners said they are prepared for a lengthy legal battle ahead. "It's not about the money. It will never be about the money. Yes, it will be about human rights. Yes, it will be about making sure that they're doing what they're supposed to do. Yes, making sure that they're doing the changes. Reform it," said Fortner.

Hoffler said this case is a wake-up call for the community. "Don't sleep on what is happening in the Fulton County Jail. Stand in solidarity with this fight. This fight is not about the money. It's about change, because before you know it, it could be your child," said Hoffler.