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Help Sought for Fulton Jail

Overcrowding Cited in Petition

Wednesday, June 23, 2004 – updated: 1:20 pm EDT June 23, 2004

A federal lawsuit has been filed against the Fulton County Jail and asks the court to take over the jail, claiming overcrowding has made it dangerous for inmates and staff.

Scene

"The place is already hot, humid and tension is almost at the breaking point," said Stephen Bright, director of the Southern Center for Human Rights, which filed the lawsuit Tuesday on behalf of an inmate. "We really need for something to be done right away."

"The county just keeps cramming people in that building and all the systems are breaking down," said Stephen Bright, director of the Southern Center for Human Rights, which filed the lawsuit Tuesday on behalf of an inmate. "The jail has been in that shape for virtually its entire existence."

The lawsuit seeks class action status so it can represent all inmates at the jail.

According to the lawsuit, there are not enough guards at the jail. Sections designed to be staffed by 14 guards are only staffed by two. The facility currently holds about 3,000 inmates although it was built to only house 1,300 prisoners, officials say.

"The county just keeps cramming people in that building and all the systems are breaking down," Bright said. "The jail has been in that shape for virtually its entire existence."

The suit also says that plumbing, air ventilation and conditioning, laundry and electrical systems are broken because of overcrowding.

"Many inmates live with the stench of raw sewage, which comes up from drains, overflows from toilets and drips from ruptured pipes," Bright wrote in the lawsuit. "The jail is unable to handle the laundry needs of its inmates because of the volume and broken equipment. This results in a substantial risk of transmission of serious illnesses including diarrheal disease, boils and hepatitis A."

Sheriff Jackie Barrett

The lawsuit was filed against the Fulton County Commission and Sheriff Jackie Barrett on behalf of Frederick Harper, an inmate who said a guard knocked him unconscious after he was handcuffed on April 25.

Conditions at the jail have resulted in increased attacks on guards and inmates, Bright said. The suit notes that one prisoner, Anthony Wimbush, is in a coma after an assault by inmates and is not expected to recover.

The lawsuit also cites a report by jail monitor Robert Greifinger, who found unsafe and unsanitary conditions during visits to the jail last month.

The lawsuit presents another problem for the jail, which has already been getting negative publicity after a series of escapes and accidental releases.

The latest escape came last week while a rapper was shooting a promotional video in a maximum security wing of the jail. A number of officials face dismissal for allowing rapper "T.I." -- whose real name is Clifford Harris -- to make the video, which also featured eight prisoners and a few guards.

But the jail has had frequent problems since opening in 1989.

In 1999, a class action lawsuit against Fulton County claimed it failed to provide adequate health care. That prompted U.S. District Judge Marvin Shoob to assume supervision of the jail. In 2002, he gave control back to the county after the jail population stabilized and medical care had improved.

Barrett has said the county needs a new jail. But Fulton County Commission Chairwoman Karen Handel has blamed the jail's problems on mismanagement by Barrett.

Bright said the suit is not an attack on Barrett, who has been under fire in recent weeks for questionable handling of her budget and a series of escapes.

"The bottom line is the sheriff has no control over how many people come into the jail," he said.

Channel 2 Action News reporter Ross Cavitt contributed to this report.

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