Justice Department finds Georgia is ‘deliberately indifferent’ to unchecked abuses at its prisons

Georgia prison officials are "deliberately indifferent" to unchecked deadly violence, widespread drug use, extortion and sexual abuse at state lockups, the U.S. Justice Department said Tuesday, threatening to sue the state if it doesn’t quickly take steps to curb rampant violations of prisoners’ Eighth Amendment protections against cruel punishment.

Prison officials responded with a statement saying the prison system "operates in a manner exceeding the requirements of the United States Constitution" and decrying the possibility of "years of expensive and unproductive court monitoring" by federal officials.

Allegations of violence, chaos and "grossly inadequate" staffing are laid out in the Justice Department’s grim 93-page report, the result of a statewide civil rights investigation into Georgia prisons announced in September 2021. The system holds an estimated 50,000 people.

"In America, time in prison should not be a sentence to death, torture or rape," Assistant Attorney General Kristen Clarke, who oversees the Justice Department’s civil rights division, said Tuesday as she discussed the findings at an Atlanta news conference.

In its response, the Georgia Department of Corrections said it was "extremely disappointed" in the accusations. The Justice Department’s findings "reflect a fundamental misunderstanding of the current challenges of operating any prison system," the agency said.

Who’s in control?

The report said large, sophisticated gangs run prison black markets trafficking in drugs, weapons and electronic devices such as drones and smart phones. Officials fight the flow of contraband through the arrest of smugglers and mass searches. "However, the constant flow of contraband underscores that these efforts have been insufficient," the report said.

Inmate gangs have allegedly "co-opted" some administrative functions, including bed assignments, said Ryan Buchanan, U.S. Attorney for the Northern District of Georgia. "The leadership of the Georgia Department of Corrections has lost control of its facilities."

Death behind bars

FOX 5 has reported extensively on extortion schemes, murder plots, and understaffing inside state prisons.  

Rhonda Perez's son, Brandon Burrell, was murdered while incarcerated at the Georgia Diagnostic and Classification State Prison in Jackson.  

She believes her son's death is a clear example of the danger and lawlessness behind Georgia's prison walls 

"He was only there five days, and he was murdered in his cell by his roommate," Perez said. "Stabbed over 60 times, when he was found, he was already cold to the touch, and rigor mortis had set in." 

Perez said she was encouraged by the DOJ investigation. While Burrell's cellmate has been charged with his murder, Perez wants accountability up the chain of prison command. 

The number of homicides among prisoners has grown over the years — from seven in 2018 to 35 in 2023, the report said. The report said there were five homicides at four different prisons in just one month in 2023.

And the homicide numbers are often hard to nail down in Georgia Department of Corrections statistics, according to the report.

"GDC reported in its June 2024 mortality data that, for the first five months of 2024, there were 6 homicides, even though at least 18 deaths were categorized as homicides in GDC incident reports, and GDC assured us these suspected homicides were under investigation," the report said.

Sexual abuse allegations

Multiple allegations of sexual abuse are recounted in the report, including abuse of LGBTQ inmates. A transgender woman reported being sexually assaulted at knifepoint. Another inmate said he was "extorted for money" and sexually abused after six people entered his cell.

"In March 2021, a man from Georgia State Prison who had to be hospitalized due to physical injuries and food deprivation reported his cellmate had been sexually assaulting and raping him over time," the report said.

Again, the true number of such assaults may be higher. Victims are often reluctant to report sexual abuse, the report noted. And the report alleged that investigations of such abuse are sometimes questionable, as in the case of an Autry State Prison inmate who reported being raped at knifepoint. "A chemical examination of a rectum swab indicated the presence of seminal fluid, and the man was found to have bruising to his anal area. Despite this, the final OPS investigative report incorrectly determined that no seminal fluid was detected, and the allegations were not substantiated."

In pursuit of racial justice

Clarke said Tuesday that efforts to stop the violence, suffering and chaos in the Georgia prison system also figure into the pursuit of racial justice.

"We know that across the country, Black people are disproportionately represented in the prison population," she said. "And Georgia is no exception — 59% of people in Georgia’s prisons are Black, compared to 31% of the state’s population."

GEORGIA STATE PRISON STORIES

• Man killed in Georgia prison laid there for hours before guards came, autopsy suggests
• Officers nowhere to be found during recorded brutal stabbing attack on Georgia State Prison inmate
• Man accused of smuggling drugs into multiple Georgia prisons with paper
• Footballs full of tobacco seized near Baldwin State Prison
• Justice Department launches civil rights investigation into Georgia prisons

What’s next?

Included in the report are 13 pages of recommended short-and long-term measures the state should take. The report concludes with a warning that legal action was likely. The document said the Attorney General may file a lawsuit to correct the problems in 49 days, and could also intervene in any related, existing private suits in 15 days.

"We can’t turn a blind eye to the wretched conditions and wanton violence unfolding in these institutions," Clarke said. "The people incarcerated in these jails and prisons are our neighbors, siblings, children, parents, family members and friends.""

However, Clarke did not discuss possible legal action during the news conference in Atlanta. She said the Justice Department looked forward to working with Georgia officials to address the myriad problems.

"Certainly, severe staffing shortages are one critical part of the problem here," Clarke said. "We set forth in our report minimal remedial measures that include adding supervision and staffing, fixing the classification and housing system, and correcting deficiencies when it comes to reporting and investigations."

FULL PRESS CONFERENCE ON JUSTICE DEPARTMENT FINDINGS

Georgia Department of Corrections responds

A spokesperson from the Georgia Department of Corrections has issued the following public response to the DOJ's findings:

"The Georgia Department of Corrections (GDC) is extremely disappointed to learn today of the decision by the Department of Justice to issue a Notice Letter leveling a variety of accusations against our prison system.  The Notice Letter fails to acknowledge the extraordinary efforts of our staff – from corrections officers to nurses to vocational trainers – who have dedicated themselves to the care and rehabilitation of the inmates in our prison system.  The Notice Letter also ignores many of the successful initiatives undertaken to improve conditions inside our prisons for our staff and our inmates.  

 "Contrary to DOJ’s allegations, the State of Georgia’s prison system operates in a manner exceeding the requirements of the United States Constitution.  In short, the Notice Letter focuses on the challenges faced by prison systems across our country – correctional staffing, violence perpetuated by inmates, and unlawful gang activity.   These issues also plague the Federal Bureau of Prisons – DOJ’s own prison system.  Hence, DOJ’s findings today reflect a fundamental misunderstanding of the current challenges of operating any prison system.

 "The GDC fully cooperated with DOJ’s investigation and will continue to do so as we begin discussions with DOJ over next steps.  As history demonstrates, DOJ’s track record in prison oversight is poor – often entangling systems in years of expensive and unproductive court monitoring.   As merely one example, court monitoring instigated by DOJ at Riker’s Island remains on-going after eight years, despite the fact that New York City employs one jail officer for every inmate at Riker’s Island.  

 "Finally, we want to thank all of the men and women who dedicate themselves to our criminal justice system, especially as we recover from the devastation brought by Hurricane Helene.  We will continue to support them in our mission of maintaining the safety of our communities across Georgia."