Sheriff agrees to improve jail conditions to settle lawsuit

A Georgia sheriff has agreed to improve prison conditions for women with serious mental illnesses to settle a lawsuit alleging prolonged solitary confinement and unsanitary conditions could cause them serious mental harm

Jan 22, 2022 at 4:51 p.m

4 minutes read

ATLANTA – A Georgia sheriff has agreed to improve prison conditions for women with serious mental illnesses to settle a lawsuit alleging prolonged solitary confinement and unsanitary conditions could cause them serious mental harm.

Attorneys visiting the South Fulton Municipal Regional Jail saw women in mental distress lying on the floor, their bodies and the walls of their cells smeared with feces or food, the class-action lawsuit says. The cells had puddles of urine and toilet water, and meals of moldy sandwich meat were not uncommon, the suit said.

U.S. District Judge William Ray on Tuesday granted preliminary approval of the settlement agreement signed by Fulton County Sheriff Pat Labat and attorneys for women with psychiatric disabilities who are being held at the Union City jail, about 18 miles southwest of Atlanta. Ray has scheduled a fairness hearing for March 16 to hear objections or comments from women covered by the settlement before final approval is granted.

The lawsuit was filed in April 2019 on behalf of the incarcerated women with serious mental illnesses who are being held in isolation in prison and the Georgia Advocacy Office, a private nonprofit that advocates for the rights of people with disabilities.

The lawsuit, filed by the Southern Center for Human Rights, said the women generally spent more than 23 hours a day in their cells, and when let out, they spent time alone in the cellblock recreation room and were deprived of meaningful social interactions that were therapeutic Activities. Many women with mental illnesses deteriorated mentally while in solitary confinement, the lawsuit said.

“The damage caused by the lack of mental health services in the community is compounded by the enduring harm done to people with psychiatric disabilities who go untreated while incarcerated and who face further abuse,” said Georgia’s Devon Orland Advocacy Office in a press release. “We appreciate that the sheriff has taken on the responsibility of making sure people in the South Fulton jail are getting out of their cells and being treated.”

The settlement agreement, filed with the court in November, would allow the women to stand outside their cells for at least four hours five days a week, with at least one of those hours including access to a yard or gymnasium in inclement weather. On the other two days of the week, they must be allowed at least one hour outside the cell.

Prison staff must also keep records of the exact times the women are offered time out of cells and the exact times they return to their cells, the agreement said. This information is to be included in a report sent to the women’s advocates every two weeks.

The women are also said to have access to therapeutic activities outside of the cell — such as medication management, art therapy, music therapy, group counseling, meditation and personal hygiene — at least five days a week for at least two hours a day.

The women must also have regular access to reading materials, sufficient clean drinking water, toiletries and personal hygiene items, as well as the opportunity to shower at least once a day, a daily change of uniform and underwear, and a clean towel and bedding each week, the agreement said. They should also not be served acidified, expired or moldy food.

Prison staff who care for women covered by the agreement must be specifically trained to work with people with mental disabilities.

Ray previously issued an executive order in July 2019 directing the then sheriff to address the concerns raised in the lawsuit.

Labat, who took office in January 2021, said he was committed to taking action to improve the quality of life for those housed in the prison while ensuring his staff can operate a safe facility.

“We continue the important work to improve prison conditions and work closely with mental health and correctional professionals,” he said in an emailed statement. “Through this work, conditions for mentally ill inmates in the South Annex have improved dramatically since this litigation began.”

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