Remarks as delivered
Good day. As previously mentioned, I am joined today by US Attorney Ryan Buchanan for the Northern District of Georgia.
We are here today to announce that the US Department of Justice is opening a civil investigation into the Fulton County Jail in Fulton County, Georgia. This investigation will be comprehensive. We will examine living conditions in the Fulton County Jail, access to medical and mental health care, the use of excessive force by staff, and conditions that may lead to violence between those incarcerated at the facility. The inquiry will also examine whether the Fulton County Jail discriminates against incarcerated people with mental disabilities.
We are conducting this investigation in accordance with the Civil Rights of Institutionalized Persons Act. This federal law authorizes the Department of Justice to investigate state institutions, including county jails, to determine whether incarcerated persons are subject to a pattern or practice of constitutional violations. We also conduct our research in accordance with the Americans with Disabilities Act (ADA), which requires incarcerated persons with disabilities to have equal access to public services and benefits as non-disabled incarcerated persons. I would like to note that this month marks the 33rd anniversary of the Americans with Disabilities Act — an important piece of legislation affecting some inmates in jails and jails. Under the ADA, prison officials must provide people with disabilities with equal access to services, benefits, and programs as people without disabilities, and must not discriminate based on an individual’s disability. This important law applies to incarcerated people and protects them from the harmful effects of discrimination and stigma based on disability.
Based on an extensive review of publicly available information and information gathered from stakeholders, we believe it is appropriate to initiate this investigation. For example:
- In September 2022, LaShawn Thompson, an unaccommodated man with serious psychiatric illness, died in a cell in the psychiatric ward of the main prison, covered in lice and dirt. A coroner hired by Mr Thompson’s family concluded that Mr Thompson died of severe neglect. The Fulton County Sheriff himself has admitted that the circumstances of Mr. Thompson’s death are “ruthless.” These circumstances were anything but isolated cases. Following Mr Thompson’s death, evidence surfaced that the psychiatric ward where he died was infested with insects and that the majority of the people living there were malnourished and not receiving basic services.
- The Fulton County Sheriff has acknowledged that the main prison “is in a state of disrepair and is rapidly deteriorating” and that these conditions affect the ability to provide basic security for all people at the facility. News crews have documented the extremely poor conditions in the main prison, broadcasting footage of flooding in the living units, large holes in the facility’s interior walls and common areas full of makeshift beds where people sleep at night.
- The level of violence in prisons is deeply concerning and by sometime in 2022 prisons were averaging more than one stabbing per day. A recent search by the sheriff’s office uncovered over 200 guns at the main facility. The sheriff reported that people were “making scissors out of the crumbling walls” of the main jail.
- In 2022, there were three suspected homicides at the main prison, including one where the victim’s body was reportedly hidden for hours before it was found.
- Two Fulton County detention officers are currently facing state charges for their use of violence in prison, including an incident in which the officer smothered a female detainee during the booking process at Alpharetta Prison.
Our examination of these matters is guided by a fundamental principle: people held in prisons and jails do not give up their constitutional and civil rights at the prison door.
Fulton County includes the city of Atlanta and is the largest county in Georgia with a population of more than one million people, making up over 10% of the state’s population. Those incarcerated at the Fulton County Jail are predominantly people of color. Data shows that 87% of prison inmates are black. This is a matter of racial justice.
We cannot ignore the unique role that local prisons play in our criminal justice system. In fact, there are over 3,100 prisons in the country – about double the number of state and federal prisons combined. Prisons are the front door to our incarceration system. Local jails house people at a vulnerable stage in their lives. The vast majority of those held in prisons have not been convicted — they are awaiting bail hearings, competency assessments and recovery services, or are incarcerated for being unable to post bail. Some are being dropped from charges or awaiting transfer to other jurisdictions, while others are awaiting hearings related to their possible criminal prosecution. Some are serving short prison sentences related to misdemeanors. To address the conditions of detention in our country, we must focus on the conditions that prevail in our prisons. Detention or detention in prison should not result in exposure to unconstitutional living conditions that endanger life or pose a risk of serious harm from assault. Prison facilities must provide constitutional and humane conditions in which all people can live safely during criminal proceedings.
I would like to note that in the past the Civil Rights Department has carried out system reforms not only in prisons but also in local prisons across the country. In all our work, we focus on identifying the root causes of unconstitutional prison conditions so that the solutions are effective and lasting. I would like to highlight just a few recent examples of how our cases aim to transform conditions in prisons while addressing the systemic issues that can harm people’s life, safety and physical integrity:
- In Cumberland County, New Jersey, we recently announced a consent regulation proposal designed to address the needs of incarcerated people with an opioid use disorder and implement appropriate suicide prevention measures;
- In enforcing our Consent Decree in Hampton Roads, Virginia, we are focused on harms caused by prolonged isolation;
- Our investigation of Santa Rita Prison in Alameda, California also focuses on the harms of prolonged isolation; And
- In our San Luis Obispo County, California investigation report, we address failures to prevent, detect, or correct the use of excessive force.
In addition to these prison investigations, we are also actively investigating state prisons across the country, including in Georgia, Alabama, Mississippi.
The Fulton County Jail investigation we are announcing today reflects our commitment to protecting the rights of those incarcerated. Our investigation will be independent, thorough and fair. We have not drawn any conclusions and will not draw any conclusions until our investigation is complete. If our investigation indicates a reasonable cause to believe that a systemic violation of the constitution or the ADA has occurred, we will notify Fulton County and the Fulton County Sheriff in writing of the violation, providing supporting facts and determining the minimum remedial action necessary. We will attempt to work with the county and sheriff to find resolutions to any issues our investigation uncovers.
Ultimately, addressing unconstitutional, unlawful and inhumane prison and detention conditions is a top priority for the Justice Department’s Civil Rights Division.
We are pleased to be conducting this investigation with our partners at the US Attorney’s Office for the Northern District of Georgia.
I now give the floor to US Attorney Buchanan, who will present his comments.
