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Justice Department says jail conditions in Georgia's Fulton County violate detainee rights

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Justice Department says jail conditions in Georgia's Fulton County violate detainee rights
News

News

Justice Department says jail conditions in Georgia's Fulton County violate detainee rights

2024-11-15 06:36 Last Updated At:06:40

ATLANTA (AP) — Jail officials in Georgia's most populous county are violating the constitutional rights of people in their custody by failing to protect them from violence, using excessive force and holding them in filthy and unsafe conditions, U.S. Justice Department officials said Thursday.

They detailed “unconstitutional and illegal conditions” in Fulton County lockups in a lengthy report and suggested remedial actions. County officials said they have already started making changes to improve conditions for those in custody and that they look forward to working with the Justice Department to continue that work.

“Our investigation finds longstanding, unconstitutional, unlawful and dangerous conditions that jeopardize the lives and well-being of the people held there,” Kristen Clarke, assistant attorney general for civil rights, said at a news conference in Atlanta.

The report resulted from a federal investigation launched in July 2023 to examine living conditions, access to medical and mental health care, use of excessive force by staff, and conditions that may give rise to violence between people held in jails in the county, which includes most of Atlanta.

Federal authorities cited the September 2022 death of 35-year-old Lashawn Thompson in a bedbug-infested cell in the Fulton County Jail’s psychiatric wing, noting that an independent autopsy conducted at his family’s request found that he died of severe neglect. Photos released by attorneys for Thompson’s family showed that his body was covered in insects and that his cell was filthy and full of garbage.

“We cannot turn a blind eye to the inhumane, violent and hazardous conditions that people are subjected to inside the Fulton County Jail,” Clarke said. “Detention in the Fulton County Jail has amounted to a death sentence for dozens of people who have been murdered or who've died as a result of the atrocious conditions inside the facility.”

Assaults and stabbings with “shanks” are “a feature of life" at the jail, the report states, noting that there were 1,054 assaults and 314 stabbings in 2023. In some cases, officers have allowed or initiated the violence, and many attacks go unreported or are not properly documented.

Fulton County Sheriff Pat Labat, who took office in 2021 and was reelected last week, has consistently raised concerns about overcrowding, dilapidated infrastructure and staffing shortages at county facilities. He has pushed county leaders to build a new jail, which they have so far been unwilling to do, but he said he appreciates the Board of Commissioners approving up to $300 million to make improvements to the current jail.

Although county leaders and the sheriff's office are aware of the violence and have publicly spoken out against it, “they have failed to take adequate action to address the crisis," according to the report.

Labat and Board of Commissioners Chairman Robb Pitts said they have already been working together in recent months to address both structural and programming concerns.

“I think today is a time of us looking forward and not backwards,” Pitts said. “How do we accomplish some of the things that have been pointed out in the study.”

Clarke said the Justice Department is ready to work with the county.

“I'm hopeful at the end of the day that Fulton County can put in place the reforms, measures and best practices necessary so that it might stand as a model for other institutions across the country,” she said.

Ryan Buchanan, the U.S. attorney in Atlanta, said the problems affect a large percentage of the jail population. An overwhelming majority of those in custody are in pretrial detention and have not been convicted of a crime.

“The most obvious casualties of the civil rights violations occurring in the jail are those who leave the jail in body bags,” he said. “But our investigation has revealed hundreds more injured, traumatized and dehumanized people, all of whom are just as deserving of the protections of the Constitution as all of us in this room.”

The “crisis of violence” — including stabbings, sexual assaults and killings — in the Fulton County Jail is due in part to a lack of an effective classification system, resulting in a extremely violent people and gang members being housed with vulnerable and low-risk people, he said.

Vulnerable populations, including people who are gay, transgender, young or who have serious mental illness, are particularly at risk from the violence, which causes physical injury and long-lasting trauma, the report says.

Jail officers “have a pattern or practice of using excessive force” against people in county custody, the report says. Officers do not receive adequate training and guidance on the use of force, they use Tasers too frequently and in “an unreasonable, unsafe manner,” and staff who use excessive force are not consistently disciplined, it states.

Fulton County has a main jail and three annexes, and investigators found that the main jail is hazardous and unsanitary, citing flooding from broken toilets and sinks, infestations of cockroaches and rodents, and filthy cells with dangerous exposed wires. There isn't enough food for detainees and the distribution services are unsanitary, the report says. That leaves detainees exposed to pest infestation, malnourishment and other harms, investigators contend.

People held in Fulton County custody receive inadequate medical and mental health care in violation of their constitutional rights, leaving them open to risk of injury, serious illness, pain and suffering, mental health decline and death, the report states.

People with serious mental illness are routinely held in restrictive housing that exposes them to risk of serious harm, including self-injury, physical decline and acute mental illness, the report says.

The jurisdiction of the juvenile justice system in Georgia ends at age 16, so 17-year-olds are housed in county jails. They are held in restrictive housing with little time outside of their cells, leaving them susceptible to the onset of mental illness, depression and an increased risk of suicide, the report says.

Included in the report are 11 pages of “minimum remedial measures” that jail officials should implement. It ends with a warning that federal authorities could take legal action if concerns are not sufficiently addressed.

A Georgia state Senate committee formed last year to examine jail conditions in Fulton County concluded in August that county officials needed to do more to work together to address problems at the jail. It also called on the city of Atlanta to hand over all of its former jail to the county to house prisoners.

FILE - The Fulton County Jail is shown, April 11, 2023, in Atlanta. (AP Photo/Kate Brumback, File)

FILE - The Fulton County Jail is shown, April 11, 2023, in Atlanta. (AP Photo/Kate Brumback, File)

President-elect Donald Trump says he will nominate anti-vaccine activist Robert F. Kennedy Jr. to lead the Department of Health and Human Services.

Trump’s pick of conservative loyalist Matt Gaetz to serve as attorney general has Democrats sounding the alarm with Sen. Dick Durbin saying Gaetz “would be a disaster” in part because of Trump’s threat to use the Justice Department “to seek revenge on his political enemies.”

Republicans have won enough seats to control the U.S. House, completing the party’s sweep into power and securing their hold on U.S. government alongside President-elect Donald Trump.

Follow the AP’s Election 2024 coverage at: https://apnews.com/hub/election-2024.

Here’s the latest:

Incoming Senate Majority Leader John Thune said Thursday that there will be “plenty of scrutiny” of the records of President-elect Donald Trump’s nominees once it is time to confirm them, but the Senate needs a chance to do its job.

Leaving the Capitol a day after he was elected as Senate Republicans’ next leader, Thune would not comment on Trump’s announcement that he intends to nominate Robert F. Kennedy Jr. to lead the Health and Human Services Department or any other potential nominee. “I’m not going to make any judgements about any of these folks at this point,” he said.

“Honestly, the entire nomination process is just getting started,” Thune said. “So let’s give it a chance to see what happens. These names, none of them have been formally submitted yet. So there’s going to be a vetting process, and I think we will do our job under advice and consent and make sure that the process is fair.”

Current Senate Majority Leader Chuck Schumer, D-N.Y., also did not comment on Kennedy’s nomination. There will be “a time for that,” he told reporters.

But Washington Sen. Patty Murray, the No. 3 Democrat, said that Kennedy’s confirmation would be “nothing short of a disaster for the health of millions of families.”

Trump would have Kennedy lead a massive Cabinet agency that oversees everything from drug, vaccine and food safety to medical research and the social safety net programs Medicare and Medicaid. He said before the election he would give Kennedy free rein over health policy.

Here’s a look at Kennedy and the agency he’ll be tasked with leading:

Read more about Robert F. Kennedy Jr.

Kennedy stuck a deal with Trump to give the now president-elect his endorsement in exchange for a role in health policy in the administration. Here are some of his positions on the subject:

President-elect Donald Trump is expected to nominate anti-vaccine activist Robert F. Kennedy Jr to serve as secretary of the Department of Health and Human Services, according to two people familiar with the discussions who spoke on condition of anonymity.

HHS is a massive Cabinet agency that oversees everything from drug, vaccine and food safety to medical research and the social safety net programs Medicare and Medicaid.

Kennedy, a former Democrat who ran as an independent in this year’s presidential race, abandoned his bid after striking a deal to give Trump his endorsement with a promise to have a role in health policy in the administration.

He and Trump have since become good friends, with Kennedy frequently receiving loud applause at Trump’s rallies.

— Jill Colvin

Though it’s not clear if Dimon was interested in a role. The announcement came as Trump has not yet named a Treasury Secretary for his incoming administration or others to fill economic and banking related roles.

Dimon had no plans to join Trump’s administration, according to news reports in recent weeks.

Trump, in a post on his social media network Truth Social on Thursday, said he respects Dimon “greatly” but “he will not be invited to be a part of the Trump Administration.”

“I thank Jamie for his outstanding service to our Country!” Trump added.

In a July interview with Bloomberg, Trump said Dimon was someone he was considering for Treasury Secretary. A few weeks later, he reversed himself, saying in a post on Truth Social that he didn’t know “who said it, or where it came from, perhaps the Radical Left, but I never discussed, or thought of, Jamie Dimon” for Treasury Secretary.

Republicans went to court in Pennsylvania on Thursday amid vote counting in the U.S. Senate election between Democratic Sen. Bob Casey and Republican David McCormick, as the campaigns prepare for a recount and press counties for favorable ballot-counting decisions.

The lawsuits ask courts not to allow counties to count mail-in ballots where the voter didn’t write a date on the return envelope or wrote an incorrect date. The two GOP suits could be among many before the last vote in the Senate race is counted, especially with the contest headed toward a state-mandated recount.

The Associated Press called the race for McCormick last week, concluding that not enough ballots remained to be counted in areas Casey was winning for him to take the lead.

After losing the White House and both houses of Congress, Democrats are grappling with how to handle transgender politics and policy following a campaign that featured withering and often misleading GOP attacks on the issue.

There's plenty of second-guessing after President-elect Donald Trump anchored his victory over Vice President Kamala Harris with sweeping promises on the economy and immigration. But Democrats also won't soon forget the punchline in anti-transgender Trump ads that became ubiquitous by Election Day: “Kamala is for they/them; President Trump is for you.”

“Week by week when that ad hit and stuck and we didn’t respond, I think that was the beginning of the end,” former Democratic Pennsylvania Gov. Ed Rendell said of the 30-second spot that was part of $215 million in anti-transgender advertising by Trump and Republicans, according to tracking firm AdImpact.

Kentucky U.S. Sen. Rand Paul said Thursday that he'll lead the Senate Homeland Security and Governmental Affairs Committee, where he intends to immediately take up President-elect Donald Trump’s plan to reinstate a policy requiring asylum-seekers to wait in Mexico for hearings in U.S. immigration court.

Paul said he'll be the committee’s new chair after Republicans won control of the Senate in this month’s elections. The new role will put Paul — a limited-government advocate and longtime skeptic of surveillance programs — in charge of a committee with broad jurisdiction over government operations, including the Department of Homeland Security. Paul has been the committee’s ranking Republican during Democratic control of the Senate.

Democrat Janelle Bynum won election to a U.S. House seat representing Oregon on Thursday, defeating Republican Rep. Lori Chavez-DeRemer.

The district, which includes the Portland suburbs and stretches through Bend, was a top target for Democrats. Democrats lost this seat in 2022, when Jamie McLeod-Skinner defeated seven-term Democratic Rep. Kurt Schrader in the primary but lost the general election. The district took in parts of more conservative central Oregon after 2022 redistricting.

Bynum represents Happy Valley and North Clackamas in the state Legislature. The Associated Press declared Bynum the winner at 12:47 p.m. EST.

Republican and Democratic senators alike on the Judiciary Committee that would review Matt Gaetz’s attorney general nomination are calling for a House Ethics Committee investigation into Gaetz to be made available to them.

“I think it’s going to be material in the proceedings,” said Sen. Thomas Tillis, a North Carolina Republican.

Sen. John Cornyn, a Texas Republican, said, “I think there should not be any limitation on the Senate Judiciary Committee’s investigation, including whatever the House Ethics Committee has generated.”

Sen. Dick Durbin, the Democrat who currently chairs the Judiciary Committee, earlier Thursday said in a statement, “We cannot allow this valuable information from a bipartisan investigation to be hidden from the American people.”

Thune did not mention Matt Gaetz, Tulsi Gabbard or other Trump picks that have raised deep concerns among several senators.

But he said senators should expect “an aggressive schedule until his nominees are confirmed.”

Senate Judiciary Committee Chairman Dick Durbin, D-Ill., is calling on the House Ethics Committee to preserve information it's gathered on former Republican Rep. Matt Gaetz, President-elect Donald Trump’s intended nominee for attorney general, and also share it with the Senate.

Trump announced Gaetz as his pick for the post Wednesday and Gaetz immediately resigned from Congress, ending the investigation against him. The ethics panel said several months ago that its review included whether Gaetz engaged in sexual misconduct and illicit drug use, accepted improper gifts and sought to obstruct government investigations of his conduct. Gaetz has categorically denied all the allegations before the committee.

“The sequence and timing of Mr. Gaetz’s resignation from the House raises serious questions about the contents of the House Ethics Committee report,” Durbin said Thursday. “We cannot allow this valuable information from a bipartisan investigation to be hidden from the American people.”

The Democrat looking to unseat an incumbent Republican in a close Iowa congressional race, one of a handful yet to be called after Republicans won control of the U.S. House, has asked for a recount.

Democrat Christina Bohannan’s campaign on Thursday requested the recount in her bid against Republican incumbent Rep. Mariannette Miller-Meeks to represent Iowa’s 1st District. The initial tally puts Bohannan fewer than 1,000 votes — less than a percentage point — behind Miller-Meeks.

The contest is a much tighter rematch of 2022, when Miller-Meeks won by 7 percentage points. Miller-Meeks earned a first term in Congress representing Iowa’s 2nd District when she defeated Democrat Rita Hart by just six votes in 2020.

FILE - The speaker's dais is seen in the House of Representatives of the Capitol in Washington, Feb. 28, 2022. In the 2024 elections, Republicans have won enough seats to control the U.S. House, completing the party's sweep into power and securing their hold on U.S. government alongside President-elect Donald Trump. (AP Photo/J. Scott Applewhite, File)

FILE - The speaker's dais is seen in the House of Representatives of the Capitol in Washington, Feb. 28, 2022. In the 2024 elections, Republicans have won enough seats to control the U.S. House, completing the party's sweep into power and securing their hold on U.S. government alongside President-elect Donald Trump. (AP Photo/J. Scott Applewhite, File)

FILE - Rep. Matt Gaetz, R-Fla., speaks during the Conservative Political Action Conference, CPAC 2024, at the National Harbor, in Oxon Hill, Md., Feb. 23, 2024. (AP Photo/Alex Brandon, File)

FILE - Rep. Matt Gaetz, R-Fla., speaks during the Conservative Political Action Conference, CPAC 2024, at the National Harbor, in Oxon Hill, Md., Feb. 23, 2024. (AP Photo/Alex Brandon, File)

President-elect Donald Trump speaks at meeting of the House GOP conference, Wednesday, Nov. 13, 2024, in Washington. (AP Photo/Alex Brandon)

President-elect Donald Trump speaks at meeting of the House GOP conference, Wednesday, Nov. 13, 2024, in Washington. (AP Photo/Alex Brandon)

FILE - The chamber of the House of Representatives is seen at the Capitol in Washington, Feb. 28, 2022. In the 2024 elections, Republicans have won enough seats to control the U.S. House, completing the party's sweep into power and securing their hold on U.S. government alongside President-elect Donald Trump. (AP Photo/J. Scott Applewhite, File)

FILE - The chamber of the House of Representatives is seen at the Capitol in Washington, Feb. 28, 2022. In the 2024 elections, Republicans have won enough seats to control the U.S. House, completing the party's sweep into power and securing their hold on U.S. government alongside President-elect Donald Trump. (AP Photo/J. Scott Applewhite, File)

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