Department of Justice Fulton County Jail investigation: Rights of inmates violated

FULTON COUNTY, Ga. - The United States Department of Justice has issued its report after opening a civil investigation into the conditions at the Fulton County Jail. They announced the disturbing results of that investigation at a press conference early Thursday afternoon. 

According to Kristen Clarke, assistant attorney general for civil rights, their investigation revealed "long-standing, unconstitutional, unlawful and dangerous" conditions inside the jail. 

In 2023, the DOJ said it identified 313 stabbings and more than 1,000 assaults inside the jail, which currently houses around 2,000 people. That rate was 1.5 times the rate of stabbings in the New York City Jails and more than 27 times the rate of all incidents involving an edged weapon in the Miami-Dade County Jails. In the first 9 months of 2023, there were over 200 emergency transports of incarcerated people to an outside hospital for injuries from assaults.

How did the investigation come about?

In September 2022, Lashawn Thompson, a man with a history of mental illness, died alone in a filthy cell in the mental health unit of the Fulton County Jail.

Thompson, who had been held on a simple battery charge, was found slumped over in his cell after months in custody, with a medical examiner describing his malnourished body as infested with lice, ultimately concluding he was "neglected to death." His death, along with three others in the same mental health unit over the course of a year, made local and national headlines and brought attention to the jail. 

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In response to these and other reported incidents, the U.S. Department of Justice opened a civil rights investigation. The investigation looked into the living conditions, medical and mental health care, use of excessive force, and protection from violence at the jail. 

As a result, the DOJ discovered unsafe conditions, rampant violence, and lapses in supervision, especially affecting vulnerable groups such as minors, mentally ill individuals, and those with disabilities. 

"We cannot turn a blind eye to the inhumane, violent, and hazardous conditions that people are subjected to inside the Fulton County Jail," said Clarke.

Clarke also said that detention in the Fulton County Jail has amounted to a "death sentence" for dozens of people who have been murdered in the jail or died as a result of the "atrocious" conditions. Clarke pointed out that many people held in jails have not been convicted – they are awaiting hearings, trial dates or are serving short sentences for misdemeanors. 

Ryan K. Buchanan, U.S. Attorney for the Northern District of Georgia, called it "unacceptable" and said ""Our Constitution requires humane conditions while incarcerated that, at a minimum, ensure people in custody are safe."

PREVIOUS STORIES

• Fulton County Jail probe: Lawmakers demand DOJ makes investigation a priority after another death
• Georgia Senate report: 'Dysfunction' between agencies major cause of Fulton County Jail problems
• Georgia Senate Subcommittee concludes hearings on Fulton County Jail
• Fulton County sheriff, opponents grilled over jail conditions at candidate forum
• Fulton County Jail probe: Lawmakers demand DOJ makes investigation a priority after another death

What did the report discover?

Key Findings:

Violence and Understaffing:

• Violence, including stabbings and homicides, is common at the jail due to overcrowding, poor monitoring, and understaffing. Incidents are exacerbated by a lack of supervision and readily available weapons fashioned from crumbling jail fixtures. Understaffing has led to instances where officers left large housing units unsupervised, enabling assaults.
• Weapons and Drugs: The jail has a significant contraband issue, with 2,157 homemade weapons confiscated in 2023. Drug trafficking within the jail also contributes to violent outbreaks. During a search in January 2024, officials found a substantial quantity of illegal drugs, cellphones, and paraphernalia.

Excessive Force and Inadequate Grievance Response:

• Jail staff frequently use excessive force without adequate justification, often deploying Tasers or pepper spray on inmates showing no physical aggression. These incidents reflect a lack of training and insufficient discipline for abusive officers.
• Grievances submitted by inmates reporting violence or safety concerns are routinely ignored. For instance, a 17-year-old reported assault concerns shortly before he was killed, but the grievance was not addressed in time.

Living Conditions and Health Care:

• The jail’s unsanitary and unsafe conditions pose health risks. Cells lack basic amenities such as functioning sinks, and mold and pests infest showers and living areas. A county inspection found numerous cells with broken toilets and standing water.
• Medical and mental health care fall below constitutional standards, with gaps in treatment leading to preventable deaths. Inmates with mental illnesses face worsening conditions due to inadequate monitoring and restricted access to needed care.
• Malnutrition: Inadequate food has resulted in malnutrition among inmates. In one mental health unit, 90% of residents showed signs of malnutrition, and some lost significant weight in a matter of months.

Violence Against Minors and Grievances Unresolved:

• Seventeen-year-olds in the jail experience high rates of violence, including initiation assaults soon after arrival. Reports of sexual violence are also frequent, but investigations into these allegations are often closed without resolution.
• The jail has a poor record of responding to grievances, including reports of sexual assault and emergency safety concerns. In some cases, grievances were ignored until after inmates suffered serious harm or death.

Restrictive Housing and Mental Health Risks:

• Inmates, including minors and those with mental health issues, are held in isolation for extended periods without appropriate mental health assessments. This restrictive housing has contributed to instances of self-harm and suicide attempts.
• The facility uses disciplinary measures, including solitary confinement and nutriloaf (a blended loaf substitute for meals), without due process. These practices further degrade mental health and contribute to high rates of self-injury.

Deaths and Inadequate Medical Supervision:

• The jail's high mortality rate, particularly for non-homicide, non-suicide deaths, reflects poor medical oversight. In one case, an inmate with a known seizure disorder did not receive essential medication, leading to his death.
• Individuals with severe disabilities are often left unsupervised or provided inadequate care, leading to worsening conditions and, in some cases, death. Instances of suicidal inmates being left unmonitored also raise serious concerns.

The report also includes minimum remedial measures suggested by the Justice Department. 

Here’s a breakdown of those measures:

1. Protection from Harm

• Policy and Training: Enforce comprehensive policies for safety, classification, and supervision, ensuring staff accountability and proper training in handling incidents.
• Classification Systems: Adopt a modern classification system to separate incarcerated people by risk levels, provide protective housing, and reduce gang violence.
• Security Measures: Conduct frequent, documented security checks, implement thorough contraband control, and repair physical vulnerabilities in the jail to improve safety.
• Grievance System: Make grievance processes accessible and responsive to protect inmates’ rights and ensure prompt action on complaints.

2. Reducing Excessive Force

• Revised Use-of-Force Policies: Define clear limits on the use of force, emphasizing de-escalation tactics and the prohibition of force against compliant individuals.
• Training: Provide scenario-based training in force alternatives and handling inmates with mental health issues. A new tracking and review system will monitor use-of-force incidents for adherence to policy.
• Oversight: A dedicated review committee will oversee force incidents, holding staff accountable and identifying areas for improvement in policies or training.

3. Addressing Environmental and Health Hazards

• Sanitation and Pest Control: Implement regular cleaning, pest management, and timely repair of broken fixtures, ensuring housing units meet sanitation and safety standards.
• Food Safety and Nutrition: Improve food quality to meet nutritional standards, ensuring meals are served safely and align with dietary requirements.
• Physical Plant Upgrades: Repair or replace broken cell doors, plumbing, lighting, and ventilation systems. Improve fire safety measures and conduct frequent maintenance checks.

4. Enhanced Medical and Mental Health Care

• Intake and Ongoing Care: Improve screening, chronic care management, and access to medical and mental health support. Increase staffing in medical and mental health units to better serve high-need populations.
• Medication and Emergency Response: Ensure timely access to medication, adequate response to medical emergencies, and consistent care for individuals with addiction or withdrawal needs.
• Suicide Prevention and Mental Health Services: Increase monitoring, enhance crisis intervention services, and provide more out-of-cell time and therapy options for those with mental health needs.

5. Reforms in Restrictive Housing and Discipline

• Revised Disciplinary Process: Establish a fair disciplinary process with hearings and avoid placing people with mental health issues in restrictive housing without appropriate assessments.
• Minimizing Isolation for Juveniles: Prohibit the use of adult restrictive housing for 17-year-olds and allow more out-of-cell time and program options for youth.
• Tracking and Reviews: Monitor restrictive housing durations and review cases where inmates show signs of mental health decline, providing options for reduced sanctions based on behavior.

6. Special Education and Related Services

• Education for Juveniles: Screen all 17-year-olds for special education needs, develop Individualized Education Programs (IEPs), and provide necessary behavioral and academic support.
• Tracking and Compliance: Track disciplinary actions for minors to ensure compliance with the Individuals with Disabilities Education Act (IDEA) and prevent long-term isolation or exclusion from education.

Fulton County sheriff, chair responds

Fulton County Chair Robb Pitts and Sheriff Pat Labat addressed the report during an afternoon press conference.

The sheriff painted it as a "point-in-time study" with many of the issues that were brought up already being addressed. He points to the fact that the population of the jail has already significantly decreased.

"We share the concerns that were outlined," the sheriff said, adding that the jail blitz plan is already in place to begin the process of turning things around at the jail. 

"If you look at what was said this morning, the tone and tenor was ‘none of this was new,'" the sheriff said, adding that the report states all of the problems are fixable, something he says they are doing moving forward.

"We will have to comply with whatever the Department of Justice recommends and that's what we're doing right now," Pitts said.

"We don't have the luxury of saying who comes and goes," the sheriff said, pointing to having reduced the jail population to having only 200 misdemeanor inmates, all with charges related to domestic violence. They have been working with the Fulton County District Attorney’s Office and other non-governmental agencies to see who can be allowed out of jail, if applicable.

"We can’t just let them go; we try to get them connected to their families," the sheriff said.

The sheriff says his office will work to try to get an adequate classification system in place.  "We will not be able to throw staffing at this, we're going to have to use technology," the sheriff said.

"The first thing we have to do is fix the culture of how people are processed," he added.

As for if the 300 million renovation is enough to fix the sheriff believed that it would suffice for the immediate future, but added, "We have to have a replacement facility at some point in the future."

What has the sheriff done?

The Fulton County Jail is the responsibility of the Fulton County Sheriff's Office, which is led by Sheriff Patrick "Pat" Labat, who was recently reelected. Fulton County's Board of Commissioners provides funding for the jail and maintains the jail facilities. The county also sets funding levels for the sheriff's office.

Sheriff Labat has acknowledged issues at the jail and has pushed unsuccessfully for a brand-new jail in the past. However, the commissioners voted in July to nix plans for a new $2 billion facility and spend $300 million renovating the existing jail facilities instead. 

RELATED: New $2B Fulton County Jail nixed, commissioners approve renovation plan

The sheriff responded by saying that renovating the Fulton County Jail was like putting a band-aid on a growing problem. The sheriff acknowledged that the building itself was being weaponized and renovations are not the answer.

Most recently, Sheriff Labat has been seeking to restore overtime pay after a $2 million cut, citing low officer morale and potential worsening conditions. 

When the investigation was announced, Sheriff Labat said that he welcomed it was prepared to cooperate fully. The DOJ stressed that their investigation was a "civil" investigation and it is their goal to guide the sheriff's office in implementing the remedial measures given in the report.

FOX 5 Atlanta reached out to Sheriff Labat and commissioners for their reactions to the DOJ's report. 

Fulton County Jail DOJ report: Officials offer response

Multiple local, state, and federal officials have offered their response to the scathing report.

Here are some of those responses:

Sen. Jon Ossoff released this statement:

"Today’s Justice Department report confirms that abuse at the Fulton County Jail has been not just horrific, but also unconstitutional."Each day these conditions persist is a failure to uphold Georgians’ human and Constitutional rights."

Sen. Raphael Warnock wrote in response:

"A person’s incarceration status does not determine their humanity. I’ve spent months pushing the Justice Department to prioritize this investigation, and these disturbing findings echo the same reports of inhumane and unconstitutional practices we've previously heard from Georgians. Change is sorely needed, and as state and local leaders address this issue, I will continue doing all I can at the federal level to protect vulnerable Georgians."

Atlanta Mayor Andre Dickens released this statement:

"This is an extremely bad report about the county jail, to say the least. As I’ve said before, the people of Fulton County deserve to be treated humanely at all times—including when in custody. They also deserve the right to a fair and speedy trial. This report highlights the failures to do so. Fulton County and its Sheriff must take swift, deliberate action on all of the DOJ recommendations to solve this humanitarian crisis."

Commissioner Dana Barrett sent the following statement:

"I am horrified by the DOJ’s findings of excessive use of force by staff and unchecked violence between inmates. But I was not surprised that they pointed to the condition of Rice Street as a major contributor to the violation of constitutional rights because I have seen it with my own eyes. It’s well past time for the Board of Commissioners to own our share of the responsibility and to invest seriously in a modern facility, current technology, and recruitment of the best law enforcement available."