ATLANTA — On Friday, the U.S. Justice Department declared that it has reached a court-enforceable agreement with Fulton County, Georgia’s most populous county, after uncovering severe issues in its jail facilities. These issues included violence and unsanitary conditions that seemed to infringe upon the constitutional rights of incarcerated individuals.
The Justice Department initiated a formal complaint and suggested a consent decree in federal court, which will require judicial approval, as announced in an official statement. “The primary objective of this consent decree is to ensure that the Fulton County Jail complies with the U.S. Constitution and federal law,” U.S. Attorney Ryan Buchanan told reporters on Friday. He expressed that achieving compliance would enhance safety for both residents of Fulton County and individuals apprehended by law enforcement who find themselves in the jail.
The investigation began in July 2023, focusing on civil rights violations concerning jail conditions in Fulton County, highlighting the issues of violence, squalid living environments, and the tragic in-custody death of a detainee whose body was discovered infested with insects. The inquiry concluded that jail administrators had not adequately protected detainees from violence, applied excessive force, and maintained “unconstitutional and illegal conditions.”
The Fulton County Sheriff’s Office acknowledged it had anticipated the Justice Department’s actions and stated they have been collaborating with federal authorities as well as the county attorney’s office. According to a press release, the consent decree resulted from “extensive negotiations.”
Sheriff Pat Labat commented, “This consent order serves as a roadmap to a better future for our facility, our staff, and those we are responsible for.” He added that these changes would foster meaningful and enduring improvements.
According to the proposed consent agreement with the county and sheriff’s office, officials will draft strategies to safeguard detainees from violence, enhance staff supervision, improve operational functionality of doors and locks, and ensure that staff complies with constitutional standards regarding the use of force. The measures also include protections for potentially suicidal detainees and improved access to medical and mental health services. Furthermore, a comprehensive cleaning and pest control strategy will be implemented to maintain hygiene within the jail.
The proposed measures emphasize the cessation of isolation for vulnerable individuals at risk of self-harm and aim to provide adequate educational services for incarcerated children with disabilities, as stated in the consent decree.
An independent monitor, yet to be agreed upon by the involved parties, will be appointed for an initial term of two years to evaluate the compliance with decreed terms, issuing public reports biannually. While no exact timeline has been given, the agreement will conclude once the county achieves compliance and sustains that status for a full year.
In the event of compliance issues, the Justice Department reserves the right to seek court intervention. However, U.S. Attorney Buchanan noted that Fulton County has shown a readiness to cooperate thus far.
“Currently, our approach is constructive, aiming towards a positive outcome rather than just avoiding negative repercussions,” he asserted. He expressed optimism that this momentum would facilitate timely improvements to the jail’s safety conditions.
The county’s primary jail has long been marred by persistent issues, and Sheriff Labat, who was re-elected in November, has been advocating for the construction of a new jail since he took office in January 2021. A report issued in November, detailing the Justice Department’s findings, indicated that despite awareness and public acknowledgment of these matters by Labat and other county officials, they had not taken sufficient action to resolve the crisis.
Following the Justice Department’s findings in November, Sheriff Labat and Board of Commissioners Chairman Robb Pitts asserted that they were already addressing structural and operational challenges within the facility. Pitts reiterated on Friday that the improvement efforts would continue, highlighting that the board had pledged up to $300 million for these enhancements.
The report highlighted a “crisis of violence” featuring instances of stabbings, sexual assaults, and deaths. It emphasized that vulnerable groups, including individuals identifying as gay, transgender, young, or those suffering from serious mental illness, were particularly susceptible to violence, which inflicts both physical harm and lasting psychological scars.
Investigators found that jail personnel lacked sufficient training and guidelines regarding the use of force and were involved in systematic excessive use of force against detainees.
Fulton County operates a central jail along with three annexes, and inspectors noted that the main jail posed significant hazards and lacked sanitary conditions, with issues such as floods from malfunctioning toilets, rodent infestations, and filthy living quarters characterized by hazardous exposed wiring. Reports indicate that food shortages and unsanitary distribution methods undermine both the health and well-being of detainees.
Investigators concluded that inmates in Fulton County facilities do not have access to adequate medical and mental health care, posing severe risks of injury and deterioration in their health, which can lead to suffering and even death.
Citing the death of 35-year-old Lashawn Thompson, who died in a pest-infested cell, the Justice Department underscored the neglect existing within these facilities, as an independent autopsy revealed that Thompson succumbed to severe neglect. Photographs from his family’s legal team depicted his body engulfed in insects and the unsanitary conditions of his surroundings.
Michael Collins, a senior director with the racial justice organization Color of Change, has actively criticized the jail’s management and Sheriff Labat. He expressed cautious optimism regarding the Justice Department’s steps but raised concerns about the effectiveness of these changes under the current sheriff’s leadership. “He’s certainly part of the issue,” Collins remarked regarding Labat. “What remains to be seen is how effectively the Department of Justice can enforce the required changes in light of the sheriff’s role.”