The Department of Justice on Thursday announced a civil investigation into one of Georgia’s largest jails nearly a year after a man with a diagnosed psychiatric condition was found unresponsive and covered in bug bites in his cell.
The investigation into Fulton County Jail will determine whether people incarcerated there are subjected to a pattern or practice of constitutional violations, said Kristen Clarke, assistant attorney general of the Justice Department’s Civil Rights Division.
“People held in jails and prisons do not surrender their constitutional and civil rights at the jailhouse door,” she said.
The department will investigate living conditions in the jail, access to medical care and mental health care, use of excessive force by staff and conditons that may give rise to violence between people incarcerated at the facility, as well as whether the jail discriminates against incarcerated people with psychiatric conditions, Clarke said.
Officials said the department opened the investigation after “credible allegations that an incarcerated person died covered in insects and filth.” Allegations also include: that the jail is structurally unsafe, that violence has resulted in serious injuries and homicides and that officers are being prosecuted for using excessive force.
Fulton County Government and the Fulton County Sheriff’s Office said in a statement they been made aware of the investigation and “will be cooperating fully.”
What happened to Lashawn Thompson at Fulton County Jail?
An independent autopsy released in May determined Lashawn Thompson, 35, died due to “severe neglect” from Fulton County Jail staff.
Thompson was arrested on a misdemeanor battery charge in Atlanta in June of 2022 and housed in the jail’s psychiatric wing. He was found unresponsive in his jail cell Sept. 19 and was later pronounced dead, according to a Fulton County Medical Examiner’s report.
He was dehydrated and malnourished, and his body “was infested inside and out with insects,” according to attorneys Ben Crump and Michael Harper, who have called for criminal charges in the case.
Independent autopsy:Man covered in bug bites died due to ‘severe neglect’ at Georgia jail
Following Thompson’s death, evidence emerged showing the mental health unit where Thompson died was “infested with insects” and that the majority of people living there were malnourished and not receiving basic care, Clarke said.
What’s happening at Fulton County Jail in Georgia?
News outlets have documented numerous issues at the facility, including flooding inside units, large holes in interior walls and common areas filled with temporary bedding, Clarke said.
The level of violence in the jail is “deeply concerning,” she said. At one point in 2022, the jail averaged more than one stabbing per day, and a recent search by the sheriff’s office uncovered more than 200 weapons inside the main facility, she said.
“Inmates are literally crafting shanks from the crumbling walls of the dilapidated facility,” Fulton County Sheriff Patrick Labat said earlier this year.
There were three suspected homicides at the main jail last year, and, in one case, the victim’s body was reportedly concealed for hours before being found, Clarke said.
Meanwhile, two Fulton County Detention officers face state charges resulting from alleged uses of force, she said.
Labat, the sheriff, has been outspoken about the “dilapidated and rapidly eroding conditions” and has called for building a new Fulton County Jail and Criminal Justice Complex.
His office in April said it launched an investigation into Thompson’s death and outlined a series of proposed changes at the jail. Labat requested and received resignations from several executive staff members, and repercussions for anyone found to be negligent in Thompson’s care could come once the full investigation is turned over to the Georgia Bureau of Investigation for review, he said at the time.
DOJ: Jail conditions ‘a racial justice issue’
The federal investigation is focused on conditions at the facility, not a particular person incarcerated there. Clarke did not outline a timeline for the investigation but said the department plans to work “expeditiously.”
“During this comprehensive review of the conditions of confinement at the Fulton County Jail, the Justice Department will determine whether systemic violations of federal laws exist, and if so, how to correct them,” Attorney General Merrick Garland said in a statement.
The department is investigating under the Civil Rights of Institutionalized Persons Act and the Americans with Disabilities Act, Clarke said. Under the ADA, jail officials must provide access to services, benefits and programs to people with disabilities that is equal to what they would provide to people without disabilities, she said.
Approximately 87% of the Fulton County Jail population is Black, Clarke said.
“This is a racial justice issue,” she said.
