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Tuesday, November 12, 2024

Justice Department finds unconstitutional conditions in Georgia prisons

Attorneys & Judges
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Merrick B. Garland Attorney General at U.S. Department of Justice | Official Website

The Justice Department has released findings indicating that conditions in Georgia’s prisons violate the Eighth Amendment of the U.S. Constitution.

“Our findings report lays bare the horrific and inhumane conditions that people are confined to inside Georgia’s state prison system,” stated Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our statewide investigation exposes long-standing, systemic violations stemming from complete indifference and disregard to the safety and security of people Georgia holds in its prisons. People are assaulted stabbed, raped and killed or left to languish inside facilities that are woefully understaffed. Inmates are maimed and tortured, relegated to an existence of fear, filth and not so benign neglect. These dangerous conditions not only harm the people Georgia incarcerates — it places prison employees and the broader community at risk. The Justice Department is committed to using its authority to bring about humane conditions of confinement that are consistent with contemporary standards of decency and respect for basic human dignity.”

The department's 93-page report outlines a comprehensive investigation into both state-operated and private correctional facilities in Georgia, which currently houses approximately 50,000 inmates, making it the fourth-largest state prison population in the nation.

The report concludes that:

- The State of Georgia engages in a pattern or practice of violating incarcerated persons’ constitutional rights by failing to protect individuals housed in medium- and close-security facilities from widespread physical violence.

- Incarcerated persons face unreasonable risks from sexual abuse across all facilities.

- Critical understaffing and systemic deficiencies contribute significantly to widespread violence.

- Gangs exert improper influence over prison life, controlling housing units and operating unlawful schemes within prisons.

“Individuals incarcerated by the Georgia Department of Corrections should not be subjected to life-threatening violence and other forms of severe deprivation while serving their prison terms,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “Our constitution requires humane conditions in prisons, that, at a minimum, ensure that people in custody are safe. The findings... reveal grave and diffuse failures... including disturbing and increasing frequencies of deaths among incarcerated people.”

U.S. Attorney Peter Leary for the Middle District of Georgia added: “We hope these findings are a wake-up call. Incarcerated people and staff... face unacceptable, systemic risks.... We hope to work collaboratively with the State of Georgia... indeed, the Constitution requires it.”

U.S. Attorney Jill E. Steinberg for the Southern District commented: “The safety and security... linked to overall safety.... The long-term dysfunction... led to proliferation... endanger private citizens.... We are committed to working with [Georgia DOC]…."

These findings stem from a civil investigation conducted by multiple divisions within the Justice Department.

For further information about this investigation or how to report civil rights violations related thereto, visit www.justice.gov/crt/special-litigation-section or contact Community.GeorgiaDOC@usdoj.gov.

Spanish translation forthcoming (La traducción al español estará disponible próximamente).

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