Suspended sheriff's legal team demands reinstatement, citing Georgia law
CLAYTON COUNTY, Ga. - Attorneys for suspended Clayton County Sheriff Victor Hill released a letter sent to Gov. Brian Kemp on Wednesday requesting his immediate reinstatement.
Hill is under federal investigation for alleged civil rights abuses to inmates in Clayton County Jail. Hill's attorneys cited the law that Kemp used to suspend Hill to justify his reinstatement. Attorneys said Hill's suspension should be over because of a time limit provision that has now 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.
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"Since the suspension of Sheriff Victor Hill occurred on June 2nd 2021, hence triggering the code section time clock for the Public Official whose suspension would have ended on September 2nd, 2021, Sheriff Hill should have been reinstated back into office on September 3rd, 2021," the letter said, in part. "Because the continuation of this suspension is not supported by law, and his "suspension" has now expired in excess of twenty-seven (27) days, the only statutory remedy is to reinstate the Sheriff immediately. "
The review commission that recommended Kemp be suspended included Burke County Sheriff Alfonzo Williams, Cherokee County Sheriff Frank Reynolds and Georgia Attorney General Chris Carr.
Kemp's own order said Hill would be suspended until the conclusion of his case or the end of his current term, whichever comes first.
RELATED: Lawsuit against Clayton sheriff alleges man beaten in jail
In April a federal grand jury indicted Hill for civil rights violations after he allegedly ordered deputies to strap detainees in restraint chairs for hours inside the Clayton County Jail.
"The indictment alleges specifically, that without justification, Hill ordered his employees to strap his detainees into a restraint chair and keep them there for hours in violation of their constitutional rights," said Kurt R. Erskine, acting U.S. Attorney for the Northern District of Georgia.
Erskine 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.
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