Case: United States v. Fulton County

1:25-cv-00024 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 3, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

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…

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.

Summary Authors

Tucker Gribble (2/3/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69519152/parties/united-states-v-fulton-county/


Documents in the Clearinghouse

Documents in this case
1

1:25-cv-00024

Complaint

Jan. 3, 2025

Jan. 3, 2025

Complaint
3

1:25-cv-00024

Consent Decree

Jan. 6, 2025

Jan. 6, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69519152/united-states-v-fulton-county/

Last updated Sept. 8, 2026, 4:50 a.m.

Docket for: United States v. Fulton County
ECF Number Date Description Link
1 Jan. 3, 2025

COMPLAINT filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(tcc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 01/06/2025)

Clearinghouse
2 Jan. 3, 2025

Joint MOTION for Approval and Entry of Consent Decree by United States of America. (Attachments: # 1 Memorandum of Law in Support, # 2 Exhibit DOJ Findings Report, # 3 Proposed Consent Decree)(tcc) Modified on 1/6/2025 (tcc). (Entered: 01/06/2025)

RECAP
3 Jan. 6, 2025

CONSENT DECREE. Signed by Judge Leigh Martin May on 1/6/2025. (tcc) (Entered: 01/06/2025)

RECAP
Jan. 6, 2025

Submission of 2 MOTION for Approval and Entry of Consent Decree, to District Judge Leigh Martin May. (tcc)

Jan. 6, 2025

Submission to District Judge

Jan. 6, 2025

Terminate Case

Jan. 6, 2025

Civil Case Terminated. (tcc)

4 Feb. 20, 2025

Joint MOTION Seeking Appointment of Lead Monitor with Brief In Support by United States of America. (Attachments: # 1 Brief, # 2 Exhibit, # 3 Text of Proposed Order)(Ojeda, Rebeca) (Entered: 02/20/2025)

1 Brief

View on RECAP

2 Exhibit

View on RECAP

3 Text of Proposed Order

View on PACER

RECAP
5 Feb. 21, 2025

ORDER granting 4 Motion Seeking Appointment of Lead Monitor. IT IS ORDERED that Kathleen Kenney is hereby appointed as Lead Monitor in this case. Signed by Judge Leigh Martin May on 2/21/2025. (cpp) (Entered: 02/21/2025)

RECAP
6 March 20, 2025

NOTICE by United States of America of Withdrawal as Counsel (Garabadu, Rahul) (Entered: 03/20/2025)

RECAP
7 April 4, 2025

Unopposed MOTION for Order Approving Monitor's 2025 Budget by Fulton County. (Attachments: # 1 Proposed Monitor Budget 2025, # 2 Text of Proposed Order Approving Monitor's 2025 Budget)(Jo, Y.) (Entered: 04/04/2025)

RECAP
8 April 7, 2025

ORDER GRANTING [7] the Monitor's proposed monitoring budget for Calendar Year 2025. Signed by Judge Leigh Martin May on 4/7/2025. (cpp)

RECAP
9 May 6, 2025

NOTICE of Appearance by Eileen Ulate on behalf of United States of America (Ulate, Eileen)

RECAP
10 May 7, 2025

NOTICE by United States of America of Withdrawal of Maura Klugman as Counsel (Filler, Maggie)

RECAP
11 May 7, 2025

NOTICE by United States of America of Withdrawal of Matthew Nickell as Counsel (Filler, Maggie)

RECAP
12 May 7, 2025

NOTICE by United States of America of Withdrawal of Beth Kurtz as Counsel (Filler, Maggie)

RECAP
13 May 7, 2025

NOTICE by United States of America of Withdrawal of Maggie Filler as Counsel (Filler, Maggie)

RECAP
14 June 12, 2025

Certification of Consent to Substitution of Counsel. Marissa Fallica replacing attorney Rebeca Maria Ojeda. (Fallica, Marissa)

RECAP
15 Aug. 21, 2025

NOTICE of Filing Independent Monitor's Report by United States of America Joint Notice of Filing of the Independent Monitor's Report (Attachments: # 1 Exhibit Independent Monitor's Report)(Fallica, Marissa) (Entered: 08/21/2025)

1 Exhibit Independent Monitor's Report

View on RECAP

RECAP
16 Dec. 22, 2025

Unopposed MOTION for Order Approving Monitor's 2026 Budget by Fulton County. (Attachments: # 1 Exhibit Proposed Monitor Budget 2026, # 2 Text of Proposed Order Approving Monitor 's 2026 Budget)(Miller, Shalanda) (Entered: 12/22/2025)

RECAP
17 Dec. 23, 2025

ORDER granting 16 Motion for Order approving Monitor's 2026 budget. Signed by Judge Leigh Martin May on 01/23/2025. (jkb) (Entered: 12/23/2025)

RECAP
18 Feb. 20, 2026

NOTICE of Filing by Fulton County The Second Report of the Independent Monitor (Attachments: # 1 Exhibit MONITORS SECOND REPORT)(Miller, Shalanda) (Entered: 02/20/2026)

1 Exhibit MONITORS SECOND REPORT

View on RECAP

RECAP

Case Details

State / Territory:

Georgia

Case Type(s):

Jail Conditions

Disability Rights

Key Dates

Filing Date: Jan. 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Fulton County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Other Dockets:

Northern District of Georgia 1:25-cv-00024

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Prison Rape Elimination Act

Recommended Citation