Federal Investigation Uncovers Violations of Incarcerated Persons’ Rights in Georgia Prisons

On October 1, 2024, the United States Attorney’s Office for the Northern District of Georgia released findings from a multi-year investigation revealing that the Georgia Department of Corrections (GDC) is violating the constitutional rights of incarcerated individuals by failing to protect them from escalating physical violence and harm. The 94-page report indicates that violence in Georgia prisons has worsened significantly in recent years.

U.S. Attorney Ryan K. Buchanan stated, “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. Our constitution requires humane conditions in prisons, that, at a minimum, ensure that people in custody are safe.” He expressed concern over the report’s findings, highlighting a disturbing rise in deaths among incarcerated individuals.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division added, “Our findings report lays bare the horrific and inhumane conditions that people are confined to inside Georgia’s state prison system.” The investigation revealed a systemic disregard for safety and security, resulting in assaults, stabbings, rapes, and murders within facilities that are critically understaffed. Clarke emphasized that these conditions not only endanger the incarcerated but also pose risks to prison staff and the surrounding community.

The report details that Georgia ranks fourth in the nation for state prison populations, housing nearly 50,000 individuals in 34 state-operated and four private prisons. The investigation, initiated in 2016, focused on medium- and close-security facilities. Findings indicated severe understaffing and numerous deficiencies in infrastructure, housing, and incident reporting, contributing to rampant violence. The investigation also noted that gangs operate with impunity, controlling housing units and engaging in illegal activities that threaten the safety of both inmates and the public.

Furthermore, the investigation found that the GDC unconstitutionally exposes incarcerated persons, particularly those who are lesbian, gay, bisexual, transgender, and intersex (LGBTI), to unreasonable risks of sexual abuse. Issues such as inadequate safety screening, ineffective housing assignments, and systemic deficiencies were identified as factors leading to increased vulnerability to sexual violence.

Originally launched under the Civil Rights of Institutionalized Persons Act to assess protections for LGBTI individuals, the investigation was expanded in 2021 to include all incarcerated persons within medium- and close-security facilities. The Northern District of Georgia’s United States Attorney’s Office collaborated with the U.S. Attorneys’ Offices for the Middle and Southern Districts of Georgia, along with the Civil Rights Division’s Special Litigation Section.

The case is currently managed by Aileen Bell Hughes, Deputy Chief of the Public Integrity & Civil Rights Section.