The U.S. Department of Justice and Fulton County have reached a legal agreement, known as a consent decree, to resolve deplorable and unsafe conditions at the Fulton County Jail on Rice Street.
The agreement, which must still be approved by a federal judge, requires Fulton County and the Sheriff’s Office to address numerous problems outlined in a November report, which found jail conditions were “abhorrent, unconstitutional” and violated the Eighth and Fourteenth amendments to the U.S. Constitution.
The probe at the Rice Street facility and three annexes found authorities frequently failed to protect inmates’ safety, presiding over an environment that has led to homicides, stabbings and sexual abuse. Guards too often resorted to violence against detainees following small infractions and used solitary confinement in unconstitutional and discriminatory ways, according to the report.
Compliance will be overseen by an independent monitor chosen by Fulton, the Sheriff’s Office and DOJ. The agreement does not specify a deadline for the county to address all of the concerns raised in the investigation, although it does require that full compliance be maintained for a year before the agreement can be terminated, said Ryan Buchanan, U.S. Attorney for the Northern District of Georgia.
Buchanan said he is pleased with the pace of the process so far and added the county and sheriff have been “willing partners” as they seek to improve conditions at the jail.
Credit: Natrice Miller / Natrice.Miller@ajc.com
Credit: Natrice Miller / Natrice.Miller@ajc.com
“We have an optimistic idea that we can make a difference in the jail which is so important to us and this community,” Buchanan said.
Buchanan said the consent decree requires the Sheriff’s Office to make improvements to the physical jail facilities as well as the patterns and practices that contribute to violence in the jail, which are “inextricably intertwined.” As part of the agreement, the Sheriff’s Office must:
- Develop plans and policies to keep incarcerated people safe from violence.
- Improve supervision and staffing.
- Maintain doors and locks in working order.
- Require staff to abide by constitutional standards when using force.
- Take steps to protect incarcerated people at risk of suicide, and to afford incarcerated people adequate medical and mental health care.
- Develop and implement a comprehensive housekeeping plan and pest management system to keep the jail clean, sanitary and free of pests.
- Stop use of isolation or restrictive housing of vulnerable people who are at substantial risk of self-harm or other negative mental health outcomes, absent specific and significant protections.
- Facilitate the provision of adequate special education services to children with disabilities in the Jail.
The independent monitor will track implementation of those requirements and will issue a public report on the jail’s progress every six months. Buchanan said the DOJ is not prescribing the dollar figure necessary to bring the jail into compliance with federal law.
Credit: Ben Hendren
Credit: Ben Hendren
The Sheriff’s Office said in a statement that it has been working closely with federal officials regarding conditions at jail, and on the requirements listed in the decree.
“This consent order is a road map to a better future for our facility, staff, and the individuals entrusted to our care,” Fulton Sheriff Patrick Labat said in a statement. “Together, these opportunities will build meaningful and long-lasting change.”
Fulton County officials said on Friday they are committed to collaborating with the DOJ, the sheriff and others to fulfill the terms of the agreement. County Commission Chairman Robb Pitts noted that last year the Board of Commissioners committed to investing up to $300 million in facility improvements. He added that a contract has been approved with a project manager who is beginning a facility assessment.
Pitts also mentioned the $13 million “blitz” program to repair housing units at the Rice Street jail. He said that started in 2023 and is on track to finish within 90 days. The blitz work includes replacing all lights, fixing cell doors and locks, repairing all plumbing, and resealing all concrete walls, he said.
He added that in August, county commissioners allotted $3.2 million for jail repairs that included upgrading fire alarms, replacing kitchen and laundry equipment, and modernizing all elevators.
“The problems at the Fulton County jail did not arise in a day and will not be fixed in a day,” Pitts said, “but I am determined that they will be fixed.”
Pitts also sought to distance the county from responsibility for management of the jail, which the Sheriff’s Office does using funds provided by the Board of Commissioners.
Credit: Miguel Martinez
Credit: Miguel Martinez
“If you read the Department of Justice study, you’ll note one thing is crystal clear: The majority of their findings relate to the management of the jail and not the physical plant for which the Fulton County government is responsible for,” he said. “That’s important to note.”
Labat and commissioners have often sparred over the sheriff’s use of funds and his overall approach to jail operations. They also differ on whether a new, $1.7 billion facility should be built or if the existing jail should be revamped.
The Civil Rights advocacy group Color of Change said in a statement that they applaud the agreement but still have major concerns about leadership in the Sheriff’s Office.
“Until you address the sheriff, until you address the culture, and until you address the trust, the County runs the risk of repeating its history of death and destruction with respect to the Jail,” said Michael Collins, senior director of the organization.
Labat won reelection to a new, four-year term in November.
The DOJ began investigating the Fulton County Jail in July 2023, after the death of Lashawn Thompson in the jail’s psychiatric wing. An autopsy found that Thompson’s death was due to severe neglect, and photos showed him covered in insects in a cell filled with garbage.
Opened in 1989, the Fulton County jail was under federal supervision between 2006 and 2015. It currently houses roughly 2,000 people, down from the more than 3,200 who were there 18 months ago.
More than 60 inmates died in the jail between 2009 and October 2022, the highest total for any jail in Georgia during that time, according to an Atlanta Journal-Constitution investigation. Ten more inmates died in custody in 2023.
— Staff writer Reed Williams contributed to this story.
