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DOJ opens civil rights probe of Georgia prisons, will eye violence against inmates, LGBTQ prisoners

  • September 15, 2021

“We did find sufficient justification to open this investigation,” said Clarke, who spoke at a Zoom press conference with the acting U.S. attorneys who head prosecutors’ offices in all three of Georgia’s federal districts.

Clarke said the probe will examine whether Georgia prisons are violating the 8th Amendment rights of inmates. That constitutional amendment bars government authorities from imposing “cruel and unusual punishments” on prisoners.

“This is a top priority for the Civil Rights Division of the Justice Department: ensuring lawful and humane conditions in our nation’s jails,” she said.

Clarke said that extreme staffing shortages and high turnover among correctional officers “are persistent problems in Georgia.”

She noted that “without adequate supervision” by prison staff, inmates are at increased risk of harming or killing themselves.

But, Clarke added, “We’ve drawn no conclusions yet. This investigation will allow us to go in and investigate the facts.”

Clarke said that if the investigators determine violations by Georgia’s prison system, “we will work with the state to work on mutually acceptable solutions.”

She said the DOJ has “been looking at Georgia prisons for years.”

“We opened an investigation in 2016. And while I can’t comment on the status of an open investigation, we’re continuing the work that we initiated,” Clarke said.

The prior investigation was eyeing the treatment of gay and transgender inmates in Georgia’s correction institutions.

That probe was the first DOJ probe to focus on LGBT inmates.

U.S. Sen. Jon Ossoff, D-Georgia, in a statement later Tuesday said, “Conditions of incarceration in Georgia are unacceptable, and I will continue to drive the attention and resources of the Federal government toward solutions and accountability.”

“I applaud today’s announcement by the Department of Justice. It is an important first step toward protecting the human rights of incarcerated people in Georgia’s prisons,”  Ossoff said. “I thank Attorney General [Merrick] Garland and Assistant Attorney General Clarke for listening as I’ve raised this issue and for taking action.”

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