Judge rules on if the sheriff can move Fulton County Jail inmates out of state
Fulton County Jail (FOX 5)
ATLANTA - A Fulton County judge says there was not enough evidence that moving inmates out of the Fulton County Jail to an out-of-state facility would cause harm to the inmates or their cases.
The ruling came down on Monday after a lawsuit filed by Atlanta Judicial Circuit Public Defender Maurice Kenner against Fulton County Sheriff Pat Labat. Kenner, whose office represents about 95% of all inmates in the jail, argued moving the inmates out of the state would impact his office’s ability to communicate with those inmates to build a defense.
Judge Scott McAfee wrote in his ruling:
"The evidence at trial failed to demonstrate a failure to perform an official duty or a gross abuse of discretion."
The Fulton County sheriff says he is pleased with the ruling.
"I am optimistic that we can we move forward in true partnership between my office and the Public Defender’s Office to provide effective service to the inmates in our custody regardless of where they are physically housed," Sheriff Labat was quoted in a statement sent to FOX 5. "The Fulton County Sheriff’s Office remains committed to improving the safety of our inmates and improving conditions in our jail facilities."
So far, no inmates have been moved out of state and cannot legally do so.
Fulton County Jail overcrowding woes
Overcrowding has been a severe issue over the last few years. As an effort to relieve it, the sheriff has been moving some inmates to other county jails.
As of this week, the jail population was down to 1,996, from 3,069 in January 2021. About 400 of those were transferred to the Atlanta City Detention Center and more were sent to facilities in Cobb, Oconee, and Forsyth counties, as well as their other jail locations. The sheriff says only 25 inmates were sleeping on portable beds.
The sheriff also said they’ve worked with criminal justice partners to move people through the system.
However, the current numbers are still nearly double the 1,125 capacity for which the building was originally built.
The sheriff says he is committed to finding solutions for overcrowding.
In July, the US Department of Justice announced it would begin investigating operations at the jail after reports of deplorable living conditions at the facility.