Case: United States v. Fulton County

On January 3, 2025, the United States Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Northern District of Georgia. Plaintiff brought this suit for declaratory and injunctive relief against Fulton County and the Fulton County Sheriff's Office – responsible for operating the Fulton County Jail – under the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 (CRIPA), Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12134 (ADA), and the Violent Crime Control and Law Enforcement Act of 1994, 34 U.S.C. § 12601. The plaintiff seeks an order declaring the defendant’s actions in violation of CRIPA, ADA, and the Violent Crime Control and Law Enforcement Act, and an order enjoining them from continuing such practices. The case was assigned to Judge Leigh May.

The claim arose from an investigation which began in July 2023. The United States investigation initially focused on violence among incarcerated people in the jail, excessive force against the incarcerated population, living conditions at the jail, the provision of medical and mental health care, and discriminatory treatment of people with mental health disabilities. The scope of the investigation expanded in April 2024 to examine the use of restrictive housing, disciplinary practices, and access to special education services.

On November 14, 2024, the United States issued its Findings Report to Fulton County and the Sheriff’s Office concluding that certain conditions at the jail violated incarcerated people’s constitutional and federal rights. Among the violations, The Report concluded that the County and Sheriff's Office violated the 8th and 14th Amendment by failing to protect incarcerated people from violence perpetrated by other incarcerated people, having a pattern or practice of excessive force against incarcerated individuals, failing to provide adequate living conditions, and failing to provide adequate medical and mental health services to inmates. The Report also found that the jail uses restrictive housing in a manner that violates due process protections, exposes inmates to a substantial risk of serious harm, and that discriminates against those with mental health disabilities in violation of the ADA. Finally, the investigation determined that the jail failed to provide eligible 17-year olds access to special education services.

On January 6, 2025, the parties submitted a Consent Decree which was entered by Judge Leigh May. The Decree acknowledged Defendants’ cooperation with the investigation and acknowledged improvements in jail conditions that had been implemented after receiving the Findings Report. Under the Consent Decree, Defendants agreed to formulate and adopt new policies, procedures, and training related to protection from harm, use of force, environmental health and nutrition, medical and mental health care, restrictive housing, and special education and related services. Further, under the Consent Decree, the Defendants agreed to submit to monitoring and the submission of semi-annual Implementation Reports. The independent monitor, agreed to by both parties, would conduct semi-annual visits to determine the jail’s progress and compliance with the Consent Decree. The Report states that the Consent Decree terminates when the Court determines that the Defendants achieved Sustained Substantial Compliance with the substantive provisions of the Decree, as demonstrated by two consecutive Monitoring Reports.

As of February 3, 2025, monitoring is ongoing.