Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Eighth Quarterly
Quarterly Report
Reportofof the
the
Eighth
Court Monitor
Court
Monitor

Page 1 of 20

CLARK'SS OFFICE
FILED IN CLERK'
FILED
US
U
s DDCC

Atlanta
Atlanta

Page 11 of
of20
Page
20

I ~ 2008
NOV
0 V 19
RE'
RE

HATIEN,, Clerk
N kiATfEN
JAMES N

Harper.
et al
aI.. vv Fulton
al
Harper, et
Fulton County
County etetal
.
04-CV-1416-MHS
CIVIL
ACTION
NO.
04-CV-1416-MHS
CIVIL ACTION NO

By

Deputy Clerk
Deputy
CIO*

Introduction
This
is based
This quarterly report
report covers
covers the
theperiod
periodfrom
from July
July through
through October,
October, 2008
2008 ItIt is
based
on reading
reading and
and re-reading
Consent Decree
and
on
re-readmg Consent
Decreedocuments,
documents,other
otherrelevant
relevant materials
materials and
inmate
letters;; meeting
withall
all parties involved
in the
the class
class action
inmate letters
meeting with
involved in
action suit case,
case, including
including
various
inmates
and
Fulton
County
Jail
detention
officers;
meeting
with
the
Court
various inmates and Fulton County Jail detention officers ; meeting with
Court
Auditor;
attending
jail
strategic
management
meetmgs;
tours
of
facilities
that
Auditor; attending jail strategic management meetings ; tours of facilities that are
are utilized
utilized
house Fulton
Fulton County
County Jail
inmates ; reviewing
reviewing jaIl
jailreports
reportsononcomplying
complying with
with Consent
Consent
to house
Jail inmates;
Decree
orders;; and
and correspondence
correspondencefrom
from
parties,
Decree orders
and e-mails,
e-mails, telephone
telephone conversations
conversations and
allallparties,
including
Fulton County
inmates .ItItis is
submittedminaccordance
accordance with
with requirements
requirements of
including Fulton
CountyJail
Jail inmates.
submitted
of
Section VV of
of the
the Consent
Decreeininthe
the above
abovecited
citedcase
case.. However,
result of
of the
the
Section
Consent Decree
However, asasa aresult
seventh
quarter report,
thecontinuous
continuousfailure
failure by
by the
the Sheriff
Sheriffto
seventh quarter
report, which
which showed
showed the
to comply
comply
with
certainmajor
major Items
items ininthe
theConsent
ConsentDecree,
Decree,Judge
JudgeMarvin
Marvin Shoob
Shoob issued aa Show
Show
WIth certam
Cause
Order
to
the
Sheriff
Cause Order to the Sheriff of
of Fulton
Fulton County
Countyfor
forJuly
July25,
25, 2008. After arguments
arguments presented
presented
the court
courtby
bythe
theShenff,
Sheriff,
order
to show
cause
continuedto to
November 21,2008.
21, 2008 .
to the
thethe
order
to show
cause
waswas
continued
November
fourmonths
months This
Thus, the
the eighth
eighth quarter
quarter report
report will include
Thus,
include October,
October, 2008, covering four
issue will
will be
be presented
presented more
this
moreextensively
extensivelyininthe
the following
followingbody
bodyofof
thisreport
report..
Thefirst
first visit
Monitor'seighth
eighthquarter
quarterreport
report
The
visittotoFulton
FultonCounty
County during
during the Court
Court Monitor's
7,
8,
and
9,2008
Throughout
this
VISIt,
the
Momtor
conducted
or
participated
was
July
was July 7, 8, and 9, 2008 Throughout this visit,
Monitor conducted or participated
in meetings
meetings and
andtours
tours with
WIth the
the following
following parties
partIes::
•
•
•
•
•

•

Weeklystrategic
strategic management
meetingsatatthe
the Fulton
Fulton County
CountyJail
Jail on
on Consent
Weekly
management meetings
Consent
Decree compliance
Decree
complIanceissues,
issues,
Chief
Jailer for
Decree..
Chief Jailer
forupdate
updatebriefing
briefingononcomplIance
compliance with
with the
the Consent
Consent Decree
Touredparts
partsof
ofthe
the Fulton
Fulton County
CountyJail
Jailtoto observe
observeconditions
condItionsand
andtototalk
talkto
to
Toured
inmates
inmates and
andunit
unit detention
detention officers;
officers;
County Manager
County's compliance
dISCUSS Fulton
Fulton County"s
complIance with
with the
the
Fulton County
Managertotodiscuss
Consent Decree;
Decree ;
Consent
Fulton
and Federal
Federal Court
ChiefJailer,
Jailer, and
Court Auditor
Auditorto
to discuss
discuss
Fulton County
CountySheriff,
Sheriff, Chief
compliance problems
articulated
complIance
problemswith
withthe
theConsent
ConsentDecree
Decree
artIculatedin
in the seventh
quarter
report,
quarter
Federal
Federal Court
CourtAuditor
Auditortotodiscuss
dISCUSS the
the seventh
seventhquarter
quarter report
report and
and the
the Sheriffs
Sheriff's
lack of
of complIance
compliance with
within the
the Consent
Consent Decree;
Decree ; and
WIth items
Items WIthin
and
1

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 2 of 20

Eighth Quarterly
Eighth
Quarterl y Report of the
Court Monitor
Court
Monitor
Page
of20
Page 22 of
20

• Federal Judge
Michael Robinson,
Robinson, and
and Court
Judge Marvin
Marvin Shoob, Staff
Staffmember
member Michael
Auditorto
to discuss
discuss the
the Sheriff's
Sheriffs failure
the items
itemsin
in the
the
Auditor
failuretotocomply
comply with
with many
many ofofthe
Consent
Consent Decree.
Decree .

TO
ORDER T
O SHOW
SHOW CAUSE
Resulting from
from the
the Sheriff
Shenffss noncompliance
wIthmany
many
Items
consistentlylisted
listed in
in
Resulting
noncompliance with
items
consistently
fifth, sixth,
the Monitor"s
Monitor's fifth,
sixth,and
andseventh
seventhquarter
quarterreports,
reports,Federal
FederalJudge
JudgeMarvin
Marvin Shoob
Shoob
issued
SHOW
CAUSE"
the Fulton
County
Sheriff
as to
reasons
issuedan
an"ORDER
"ORDER TOTO
SHOW
CAUSE"
to the to
Fulton
County
Sheriff
as to
thethereasons
he has not fully
stated that the
he
fullycomplied
complied with
with the
theConsent
Consent Decree.
Decree . The
The order
order stated
the Fulton
Fulton
County
Shenffwill
1707at
at 11
11:00
County Sheriff
will appear
appear In
in Courtroom
Courtroom 1707
:00 a.m.
a.m. on
on Fnday,
Friday, July 25, 2008,
and show
contempt . In
In response
response to
and
showcause
causewhy
whyheheshould
shouldnot
notbe
beheld
held in
in contempt.
to this
this order, the
the
Fulton
County
Sheriff,
County
Defendants,
and
PlaIntiff
s
Counsel
appeared
before
Fulton County Sheriff, County Defendants, and Plaintiffs Counsel appeared before
Federal
Judge Shoob
Shoobtotorequest
requesttime,
time, as
as allowed
allowedinin the
the Consent
Decree,toto address
address the
the
Federal Judge
Consent Decree,
non-compliance
Decree
items
listed
to show
show cause
On July
July 22,
non-complianceConsent
Consent
Decree
items
listedininthe
the order
order to
cause.. On
Judge Shoob
meet informally
2008, Judge
Shoobagreed
agreed"to
"togive
givethe
theparties
parties an
an opportunity
opportunity to
to meet
informally in
in an
an
effort to
toresolve
resolve the
the issues
issuesraised
raisedby
bythe
theMonitor"s
Monitor's latest
latestreport
reportand
and the
theOrder
Order to
to Show
Show
Cause . Judge
Judge Shoob
Shoob continued
Order to Show
Show Cause
Cause.
contInued the
the Order
Causescheduled
scheduledfor
forJuly
July25,
25, 2008,
2008,
8,
2008,
at
11
:00
a.m.
He
further
ordered
that
"no
later
until
Monday,
September
until Monday. September 8, 2008, at 11
a.m . He
ordered that "no later than
than
Friday, August
2008, the
with the Court
Court regarding
Friday,
August22,
22,2008,
theSheriff
Sheriffshall
shallfile
file a report with
regardingthe
the
parties' efforts
file
parties'
effortstotoresolve
resolvethe
thealleged
allegedviolations
violationsofofthe
theConsent
Consent Decree.
Decree . Plaintiffs
Plaintiffs shall
shall file
a response
response no
than Friday,
Friday, August
August 29,
the Monitor
Monitor
no later
later than
29,2008."
Judge Shoob
Shoobstated
stated that
that the
2008 ." Judge
and
Order to
and Auditor
Auditorshall
shallbe
beinin attendance
attendancetotoall
all meetings
meetingsbybythe
theparties
partiesprior
prior to
to the Order
to
ShowCause
Causehearing
hearmg on
on September
September8,
8, 2008.
Show
2008 .
The
meeting was
was conducted
theFulton
Fulton
The first
first meetmg
conductedononJuly
July 25,
25, 2008,
2008, at
at 11.00
a.m.. ininthe
11 .00 a.m
th
County
board
room
on on
thethe
4`''
of the
theFulton
FultonCounty
County Government
Government
CountyLaw
LawDepartment's
Department's
board
room
4 floor
floor of
ofthe
the Sheriffs
Sheriffssenior
seniorstaff,
staff, the
office building.
building . All
All parties,
parties,including
includingmembers
members of
the Monitor,
Monitor,
and
During the meeting,
meeting, the
and Auditor
AudItor were
werein
in attendance
attendance.. During
the Sheriff's
Sheriffs presentation
presentation basically
basically
explamed how
howand
andwhy
whythe
theSheriff
Shenffis
IS unable
with the Consent
Decreeitems
Items
explained
unable to
to comply
comply with
Consent Decree
listed
in
the
Order
to
Show
Cause,
although
the
Judge's
expectation
for
this
meeting
listed in the Order to Show Cause, although
Judge's expectation for this meeting was
was
how
that
will use
fullycomply
comply with
with the
the Consent
Consent
howand
andthe
themethodology
methodology
thatthe
theSheriff
Sheriffwill
use to fully
withminimal
minimal progress
progressmade
made on
on compliance
compliance with
Decree. The
endedatat 11:30
Decree.
The meetmg
meeting ended
:30 p.m.
p .m .with
was decided
decided that
that aa second
second meeting
meetingtotofurther
further discuss
discuss staffing
staffing on
on
the Consent
Consent Decree.
Decree . ItItwas
Department would
would be
August7,
7,2008,
at 10'00
be necessary
necessary
August
2008, at
10
a m.in
m .inthe
theFulton
FultonCounty
CountyLaw
Law.Department
in order
to
give
the
Sheriff
an
opportunity
to
develop
a
report
to
be
submitted
to
Judge
order to give the Sheriff an opportunity to develop
to be submitted
Judge
Shoob and
Counsel .
Shoob
andPlaintiff's
Plaintiff s Counsel.
On August
10 .00 a.m., all
Consent Decree
Decree parties
Monitor , and
On
August 77,, 2008, at 10.00
all Consent
parties,, the Monitor,
Auditor
the Fulton
Fulton County
County Law
Auditor met
met in
in the
LawDepartment
Departmentboard
board room
roomThe
TheSheriff
Sheriff was
was not in
2

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 3 of 20

Eighth
Quarterly Report
Reportof
of the
Eighth Quarterly
Court
Court Monitor
Monitor
Page 33 of
of20
Page
20

attendance ; however,
attendance;
represented bbyy his Attorney,
however, he was
was represented
Attorney, the
the Chief
Chief Jailer,
Jailer,and
andmembers
members
of his
hisstaff
staffThe
Themain
main Consent
Consent Decree
Decree non-complIance
non-compliance item
was discussed
of
itemthat
that was
discussed was
was
suggestion was
wasmade
madetotodecrease
decreasethe
the
staffing
staffingthe
themandated
mandated post
post In
inthe
theConsent
ConsentDecree
Decree A
A suggestion
post
shiftand
andutilize
utilizethem
themononthethe7 to
7 to3 3and
and
3 toI 1II
staff on
on the mandated
mandated post
onon
thethe
I 111toto7 7shift
3 to
shifts. The
and Auditor
Auditorwere
wereinin disagreement
disagreementwith
withthis
this suggestion,
suggestion, because
because
shifts.
The Monitor
Monitor and
11 to 7 shift
to unsafe
conditions, due
due to
to
decreasingstaff
staff on
the 11
decreasing
on the
shiftwould
would subject inmates
inmates to
unsafe conditions,
fewer
officers
making
fewer
security
rounds.
The
Chief
Jailer
offered
other
detention
fewer officers making fewer security rounds . The Chief Jailer offered other detention
officer deployment
deployment adjustments
to comply
comply with
mandates of
officer
adjustmentsininan
aneffort
effort to
with the
the staffing
staffing mandates
of the
Consent
concludedwith
withthe
the Sheriff
Sheriffplanning
Consent Decree.
Decree . The
The meeting
meeting concluded
planning to prepare
prepare by
by August
August
2008, the
Federal Court
resolve the
22, 2008,
the report
report for
for the
the Federal
Courtdetailing
detailinghis
hisefforts
efforts to
to resolve
the alleged
alleged
vlOlatlOns of
to the
the Sheriff
Sheriffs
violations
of the
theConsent
Consent Decree.
Decree . Also,
Also, Plamtiffs
Plaintiffs were
were to file
file aa response
response to
s
report no
no later
laterthan
thanFriday,
Friday,August
August 29,2008.
29, 2008 .

OnJuly
July 22,
22, 2008,
to to
Judge
Shoob
On
2008, the Sheriff
Sheriffsubmitted
submittedhis
hisreport
report
Judge
Shoobacknowledging
acknowledging
withthe
the Consent
ConsentDecree
Decree
criticalareas
areasofofjail
his failure
failure to
tocomply
comply with
in in
thethe
critical
jail staffing
staffing and
and
population. He
and
population.
He further stated that
that he
he isistaking
taking"all
"allreasonable
reasonable steps
steps necessary
necessary and
21~22)The
TheSheriff
Sheriffstated
stated
appropriate to
compliance" (Report
(Reportatat 21-22)
to achieve
achieve full
fulland
and100%
100% compliance"
that hIS
his abIlity
abilityachieve
successwas
wasprevented
prevented by
by Fulton
Fulton County's
County's lack
to to
achieve
success
lackof
offunding
fundingstaff
staff
County Defendants
Defendants disagreed
andfor
for outsourcing
outsourcmgpretrial
pretnal inmates.
disagreed to
to
positions needed
needed and
inmates .County
thIS
claim
with
the
Sheriff
m
its
follow
up
report
on
August
29,
2008,
to
the
court.
In
this claim with the Sheriff in its follow up report on August 29,
court . In
spite of
of this
thisdIsagreement,
disagreement, resulting
from the
to the
the court,
court,County
County
resultmg from
the Sheriff
Sheriffss report to
WIththe
the Sheriff
Sheriffs
cause
Defendantsand
andPlaintiffs
Plaintiffs agreed
agreedwith
Defendants
s request
request to delay
delay the
the show
show cause
hearing
in the
hearing to allow the Shenffto
Sheriff tofully
fullycomply
complyWIth
withthe
theConsent
Consent Decree.
Decree . However,
However, in
plaintiffs'
reporton
onAugust
August 29,
2008, to
was in
response to
Sheriffss
plaintIffs' report
29,2008,
to the
the court
court that was
m response
to the
the Sheriff
July 22, 2008,
2008, report
report they
theywere
were not
not ininagreement
agreement with
with much
much of
of what
whatthe
the Sheriff
presented.
In
their
report,
the
plaintiffs
proposed
to
delay
the
show
cause
order hearing
hearing
presented. In their report, the plaintiffs proposed to delay the show cause order
until January
until
January 15,2009.
15, 2009 .
This proposal
proposalwas
wasrejected
rejectedbybythe
the court
court for
for an
an earlier
earlier date
in order
order to
to
This
dateininNovember
November in
leaves
allow the
the current
current Sheriff,
Sheriff, who
failed to
to be
be re-elected
re-elected to hIS
allow
who failed
his present
present position
position and
and leaves
office at
atthe
theend
end of
of2008,
2008,totomeet
meet compliance
compliance and
compliance onontoto
andnot
notpass
passhis
his lack
lack of
of compliance
Shenff
the new
new Sheriff
Resultmg from
fromall
all three reports
Defendants,and
andPlaintiffs
PlaintIffs
Resulting
reports from
from the Sheriff,
Sheriff,County
County Defendants,
to the
the court
court m
inresponse
response to
tothe
theshow
show cause
cause order,
order, on
on September
September 4,4,2008,
2008, the
the court
court issued
issued aa
continuance hearing
was scheduled
scheduled for September
September 8,
2008, until
untilNovember
November 21,
2008,
continuance
hearing that
that was
8,2008,
21,2008,
l .a.m.,ininorder
ordertotoallow
allowthe
theSherifftIme
Sheriff timetotofully
fully
complyWIth
withthe
theConsent
Consent Decree
Decree
at lII.a.m.,
comply
The
postpone the
The Monitor
Monitorwas
wasdirected
dIrectedininthis
this order
order "to postpone
the preparation
preparation and
and submission
submissionofofhis
his
next
so that
thatititcovers
coversthe
theperiod
periodending
endingOctober
October 31,2008".
31, 2008" . ItItfurther
further stated
stated "if
that
next report so
~~ifthat
report shows
shows that
compliance with
staffing and
and population
population provisions
that full
full compliance
WIththe
thejail
jail staffing
provisions of
of the
the
33

Case 1:04-cv-01416-MHS

Document 214

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Page 4 of 20

Eighth
thee
E ighth Quarterly
Quarterly Report of
of th
Court Monitor
Monito r
Page44 of
of20
Page
20

Consent Decree
and the
the Fulton
Fulton County
County
Consent
Decreehave
havenot
notbeen
beenachieved,
achieved,both
boththe
the Sheriff
Sheriff and
Commissioners
are ORDERED to appear
21,2008,
Commissioners are
appear at
atthe
thehearing
hearingononNovember
November 21,
2008, and
and
showcause
causewhy
whythey
theyshould
shouldnot
notbe
be held
held in
in contempt
show
contempt ""'

Throughout
this show
showcause
causeorder
orderperiod,
period, which
extendedfor
for over
over four
four months,
Throughout this
which extended
months,
the Auditor
continued
to
submit
his
monthly
reports
to
the
Monitor.
All
monthly
reports
Auditor continued to submit his monthly reports to
Monitor . All monthly reports
Shenffand
andChief
ChiefJailer
Jailer for
for their
and/orcorrections
corrections..
were
shared
with
were shared
with
thetheSheriff
their comments
comments and/or
Eachreport
report showed
showedlittle
htde compliance
progress and
and in
10 some
instances regression
regression was
was the
the
Each
compliance progress
some instances
case.
made
However,
Chief
Jailer took
took
case .The
The Shenff
Sheriffand
andChief
ChiefJailer
Jailer
madefew
fewcomments
comments However,
thetheChief
Jailer
issue with
with the
the court's
court" s need
needto
to have
haveserious
serIOUSincidents
incidentsreported
reportedtotoititas
as reported
reportedinin the
the
Auditor's
monthly report
Auditor"s July
July 2008,
2008, 20th
20th monthly
report.. The
Monitor
referred
him
to
Fulton
County
jail
The Monitor referred him to Fulton County jail
1500-17(Incident Report) V.
are not
not only
only
Policy and Procedure
Procedure 1500-17{Incident
V . B,
B, which
which stated "Reports
"Reports are
circulated throughout
throughout the
Bureau, but
the media,
media, and
Circulated
the Jail
Jail Bureau,
but attorneys, the
and others
others."
." The
The Monitor
Monitor
expressed
to the Chief
Jailer that
expressed to
Chief Jailer
thatsince
sincethe
theFulton
FultonCounty
County Jail
Jailwas
was under
under aa Consent
Consent
Decree,
ChiefJailer
Jailer further took
issue
Decree, the
the Federal
Federal Court
Courtwas
wasincluded
includedinin"others'"
"others'".. The
The Chief
took issue
with how
howstaffing
staffingand
andreleases
releases were
werestatistically
statistically reported
with
reported in
inthe
theAuditor's
Auditor'smonthly
monthly
reports.
He
felt
that
staffing
should
be
reported
as
a
statistic
representing
the
aggregate,
reports . He felt that staffing should be reported as a statistic representing
aggregate,
rather than
than aa break
break down
down of
housing unit
of each
each housing
unit.. The
Monitor"s
response
to
the
ChiefJailer
Jailer
The Monitor's response to the Chief
wasthat
that the
the statistics
statistics asaspresented
and Auditor's
Audltor"sreports
reportsreflected
reflected
was
presented in
inboth
both the
theMOUltor"s
Monitor's and
how
the Consent
ConsentDecree
Decree
presented
eachhousing
housingunit
unitwas
wasidentified
Identifiedseparately
separately..
how the
presented
it,It,each
The
ChiefJailer
askedtotopresent
presentspecific
speCific parts
parts of
The Chief
Jailer was
was asked
of the
the Auditor's
Auditor's report With
with
which
he
took
issue,
rather
than
speaking
to
the
report
m
general
The
Sheriffs
Attorney
which he took issue, rather than speaking to
in general The Sheriff's Attorney
agreed
agreed with
withthe
the Monitor's
Monitor"srequest
requestofofthe
theChief
ChiefJailer
Jaller..
Sheriff s Attorney
subsequently submitted
submittedaa more
moredetailed
detailed response
responseto
to the
The Sheriff
The
Attorney subsequently
5t
20 report
the Monitor
Monitor Both
Monitor and
Auditor provided
provided
Auditor's 21
report to the
Both the
the Monitor
and the
the Auditor
commentsononthe
theresponses
responsestotothe
the 20
21 streport
reportand
andforwarded
forwardedthem
them
back
theSheriff
Sheriff's
comments
back
to tothe
s
Attorney.
The
Monitor
expressed
his
and
the
AudItor's
appreciation
for
the
Sheriff's
Attorney. The Monitor expressed his and the Auditor's appreciation for
Sheriffs
response
to the
the 20
21 streport,
report,because
becauseother
otherthan
thanthe
thebrief
bnefresponse
responsetotothe
the Auditor's
AudItor's20th
20th
response to
report by
by the ChIef
Chief Jailer,
Jailer,there
therehad
hadbeen
beenno
noresponses
responses to
to nine
ninepreviously
previously submitted
submitted
Auditor's
reports and
reports.. The
Auditor's reports
and three previous
previous Monitor's
Monitor's reports
The Sheriffs
Sheriffs Attorney
Attorney was
was
advised that responding
advised
responding to the
the Monitor's
Monitor's and
and Auditor's
Auditor's reports
reports would
would help tremendously
tremendously
in
complying
with
the
Consent
Decree.
in complying
the Consent Decree .
Monitor's
for
staffin g compliance -- September 4, 2008,
2008, the date
date of
Monitor's benchmark
benchmark
forfull
full _ staffing
Judge Marvin
MarvinShoob's
Shoob'slast
last order
Judge
The Monitor
September 4,
benchmark for
compliance
The
Momtorhas
hasidentified
Identified September
4, 2008, as aa benchmark
for full
full compliance
with Supervisors
Supenrisors and
and Officers
Officers aSSigned
mandatestaffing
staffmg of
ofhollSing
with
assigned to
to Consent
Consent Decree
Decree mandate
housing
4

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 5 of 20

Eighth Quarterly
Quarterly Report
Reportofofthe
the
Eighth
Court
Court Monitor
Monitor
Page 55 of
of20
Page
20

units
units.. This
Shoobtoto the
the Sheriff
Sheriff
This date
date coincides
coincides with
with the
the last
lastorder
orderissued
issuedbybyJudge
JudgeMarvin
Marvin Shoob
of Fulton
that contmued
cause order hearing
21,2008.
Fulton County
County that
continued the
the show
show cause
hearing to
toNovember
November 21,
2008 . AA
Supervisor
by the
the
daily shift
shiftauditing
auditingofofthe
the
Supervisorand
andOfficer
OfficerConsent
ConsentDecree
Decree post
post assignments
assignments by
Auditor
thatbetween
between September
Auditor indicates
indicates that
September4,4 l 2008, and
and October
October 31,
31,2008
days), full
full
2008 (57 days),
staffing
compliance
as
set
out
in
the
Consent
Decree
has
not
been
achieved.
staffing compliance as
out in the Consent Decree
been achieved .

STATISTICAL STAFFING
STATISTICAL
STAFFINGREPORT
REPORTSUMMARY
SUMMARY
INMATE HOUSING
OFFICER STAFFING
INMATE
HOUSING --OFFICER
STAFFINGAND
ANDDEPLOYMENT
DEPLOYMENT
Staff shortages
to be
be the single largest
with the
the
shortages continue
continue to
largestobstacle
obstacleinincompliance
compliance with
of
the
Consent
Decree.
Although
the
Consent
Decree
requires
terms
and
condItions
terms and conditions of the Consent Decree . Although the Consent Decree requires
three floor
floor officers
officers(North
(North and
and South),
South), one
one tower
tower control officer
officer on
on each
each Housing
Housing
Umt
(Northand
andSouth),
South),plus
plusa ashared
sharedfloor
floorsupervisor,
supervisor,the
thethree
threeshifts
shIfts continue
contmuetoto
Unit (North
operate
operate understaffed, often
often faIling
failingtotomeet
meetthe
theConsent
ConsentDecree
Decree mandates.
mandates .
Staff Deployment
Reports,;
Following
extensive revIew
Following extensive
review of
ofthe
theWatch
WatchCommanders'
Commanders' Staff
Deployment Reports
following observatIOns
observations are
are made:
made :
the following
07/0112008 through 10/3112008
Month Report
ReportSummary:
Summary :
07/01/2008
10/31/2008 -- Four Month
)0> The
The 7-3
7-3 Shift
Shift averaged
all Housing
AreaStaffing
Staffing Shortages
Shortages
>
averaged 33%
33% ofofall
Housing Area

>
averaged 34%
Housing Area
)0> The
The 3-11
3-11 Shift
Shift averaged
34%ofofall
all Housmg
AreaStaffing
Staffing Shortages
Shortages
)0> The
The 11-7
11-7 Shift
Shift averaged
all Housing
Area Staffing
Staffing Shortages
>
averaged 33%
33% ofofall
Housing Area
HOUSING
AREA FLOOR
FLOOROFFICERS
OFFICERS vs
vs MANDATED POSITION
HOUSING AREA
July 01 -• October
October 31,
31 , 2008
20D8
July
Com
bmed Shifts
Combined

16 0
160
155
150
1 50
145
145
140
140
1135
35
1130
30
1125
25
120
120
115
115

~

'"
;::

~2

-

P

~

;

g

~

g

~S ~

~

~e

~§~

:_ALL
SHFTS
C ALL SFN
FFS AC1U4.L
ACTUAL _M'lf',VATIDSTAFF
--*--MANDATED STA F F

5

§

~

a

a

~

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 6 of 20

Eighth
Report
of the
Eig
hth Quarterly R
eport of
Court
Court Monitor
Monitor
Page 66 of
of20
Page
20
HOUSING
AREA FLOOR
FLOOROFFICERS
OFFICERS vs
vs MANDATED
MANDATED POSITIONS
POSITIONS
HOUSING AREA
JUly 01 - October
31,2008
July
OcWber 31
, 2008
7-3 SHIFT

60
50

40
30
30

20
10
10

Do
~

N

OO

~n

N

p

O

,~,

fp

M
~

~i

~

Ep

- r-7-3 ACTUAL t MANDATED STAFF

AREA FLOOR
FLOOR OFFICERS
OFF I CERS V$
vsMANDATED
MANDATED POSITIONS
HOUSING AREA
July
31, 2008
Ju
l y 01 •- Octobe
Octoberr 31,
2008
3-11 SHIFT

BO
60

50
40

30
30
20
20
10

o0
Yf
A

N

1~

N

T

1~+

A

~I
m

N

QI

a

D

~V

QI

^

90

01

M
~

6
~

R~ .
r

00

V

~

9

-+- 3-11 ACTUAL
1-3.11

WMATIM STAFF
ACTUAL _M6.NDATEJSTAFF,

NG AREA
AREA FLOOR
FLO OR OFFICERS
OFFICERS vs
A NDATED POSITIONS
HOUSING
V$ M
MANDATED
HOUSI
July 01 •- October
31, 2008
October 31,
2008
11 .7 Shift
Shift
11·7

60
50

40

30
30
20
20
10

o

0

'
n

r-

F

r

L
n

ud

N

O~

a

~3

v

~i
33

~

m

a]

N
~

~
c3

r
a

a
a

~t
3

o0
d
~

__
11-7 ACTUA
ACTUALL--+-M6.NDATIDSTAFF
- 11-7
t NWND 4TH} STAFF 1
--*

Duringthis
thIS 123-day
123-dayperiod,
period, there were
17~954 Housmg
reporting rather
During
were 17,954
Housing Officers reporting
than the 19,188
as required
requIred to meet
eightofficers
officers per
than
1 9,188 as
meet the Court
court Mandate
Mandate ofofeight
per housing
housing
floor and
as required
required for
for each
eachannex
annexfacility
facilitytotaling
totaling 52-officers
52-officersper
pershift
shift or
or 156156and as
officers per
per day.
day.

66

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 7 of 20

Eighth
Quarterly Report
Reportof
of the
Eighth Quarterly
Court Monitor
Monitor
Page
of20
Page 77 of
20
HOUSING
vs MANDATED
POSITIONS
HOUSING OFFICERS POSITION REPORTING
REPORTING vs
MANDATED POSITIONS
July
July 01 - Octobe
Octoberr 31, 2008

6,500
6 , 500
6,000
6 , 000

5 , 500
5,500
5,000
MANDATED 11
-7
77·3
MANDATED
11·7
3·11
3- 11
-3
STAFF SHIFT
( 94 8%)
8 %4 SHIFT ((96
STAFF
SHIFT (94
7%) SHIFT (89
(89 22~
96 71/4
°)

During
dates, beginning
through 10/3112008,
During the Momtor"s
Monitor's benchmark
benchmark dates,
beginning on
on 9/04/2008
9/04/2008 through
10/31/2008,
the Sheriff failed
failedtotomeet
meetthe
theHousing
Housing Officer staffing
staffing mandates
mandates of
Consent
of the Consent
Decree :
Decree:

30 , 2008
September 04
04 -- 30.
9/04, 9/O5, 9/06, 9/07, 9/08, 9/09, 9/10, 9/11, 9/12, 9/13,
9/04,9/05,9/06,9/07,9/08,9/09,9/10,9/11,9/12,
9/13, 9/14,
9/14, 9/15, 9/16, 9/17, 9/18,
9/19, 9/20, 9/21, 9122.9/23 , 9124, 9/25, 9/2b, 9/27, 9/28, 9/29
9/19,9/20,9/21,9/22.9/23,9124,9/25,9/26,9/27,9128,
9/30..
9/29 and 9/30
October 01
- 31, 2008
O110/02, 10/04, 10/05,
10/12, 10/14, 10/15,
10105, 10/06,
10/06, 10/07,
10/07, 10/08,
10/08, 10/09,
10/09, 10/10,
10/10, 10/11,
10/11,10/12,
10115,
10/23 , 10124,
10/24, 10125,
10/25, 10126,
10/26, 10/27, 10/28, 10/29,
10/16, 10/17,
10/17, 10/18,
10/18, 10/21,
10/21, 10/22, 10123,
131
10/30 and
and 10
10/30
10/31

INMATE
HOUSING - SUPERVISORY
INMATE HOUSING
SUPERVISORY STAFFING
STAFFING DEPLOYMENT
DEPLOYMENT
Based
analysisthat
thatwas
wasdone
doneusing
usingthe
theactual
actual
WatchCommanders'
Commanders'
Basedupon
uponthe
thestaffing
staffing analysIs
Watch
and Deployment
Deployment Reports,
supervISOrystaff
staffcontinues
continues to
to be
be
Staffing and
Reports,the
theshortage
shortageofofsupervisory
dramatic
Of the
theeight
eight(5-North
(5-Northand
and5-South
5-South Closed)
Closed) mandated
mandated supervisory
supervISOryposts
posts
dramatic.. Of
required
by the Consent
Consent Decree,
maintained various averages, each
each
required by
Decree,the
the three
three shifts
shifts maintained
consistently operating
operating far
far below
below the required
required mandate
mandate ofofone
onefloor
floorsupervisor
supervisorfor
for
each
in the
theMain
Main Jail,
Jail,and
andone
onesupervisor
supervisoratatthe
theBellwood
Bellwood and
and MarIetta
Marietta Blvd.
Blvd .
each floor
floor in
Annex
Month Report
ReportSummary
Summary
07/0112008 -10/31/20x8
- 10/3112008 Four Month
07/01/2008
Duringthis
this 123-day
123-dayperiod,
period,there
there were
were2,632
2,632supervisors
supervisorsreporting,
reportmg,rather
rather than
than the
the
During
2,952 required
meet the Court
Court Mandate
Mandate ofofone
required to meet
onesupervisor
supervIsorper
per housing
housingfloor
floor and
and
annex
ofthe
the Housing
Housmgsupervisors
supervisorsthat
thatare
are
annexfacility
facility.. The
The Jail
Jailoperated
operated with
with only
only 89%
89% of
required under
under the
the Consent
Consent Decree
Decree
77

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 8 of 20

Eighth Quarterly
Quarterly Report
Reportofof the
the
Eighth
Court Monitor
Court
Monitor
Page 88of20
Page
of 20

HOUSING
SUPERVISORYPOSITIONS
POSITIONS vs MANDATED
POSITIONS
HOUSING SUPERVISORY
MANDATED POSITIONS

- October31,
31.2008
July 01 -October
2008

99
88
77
6

5
4
3

2
11

0

;:;

~

~

'"....

g

~

'"~
m

'"
iii
~

§
§

1il
g

$

g

..

ai
~

~

1

5

a

t 11-7ACTIJAL
ACTUAL -3·11
} 3-11 ACTIJAL
ACTUAL ---7-3
ACTUAL ---MANDATED
;~11-7
STAFF
41-- 7-3ACTUAL
-41-- MANDATED STAFF

.

~

~

i
I

To
providesome
someinsight
mSIghtasastoto the
the shortage
shortage of
of supervisory
supervisory staff
staff during
To provide
during the 123-day
123-day
Report
PerIod, please
please consider
consider the
the followingfollowmg'
Report Period,
SUPERVISORY
POSITION REPORTING
SUPERVISORY POSITION
REPORTI N G vs MANDATED
MAN DATED POSITIONS
P OSITIO N S
(HOUSING
O N LY July
October 31,
2008
(HOUSING ONLY)
July01
01 -- October
31, 2008

1000
1000
950
900
850
800
750

3
77-3
MANDATED
11-7
3-11
MANDATED 11-7
- 11
-3
( 87 33%)
92 B%)
STAfF
SHIFT (87
S TAFF SHIFT
%J SHIFT (876%)
( 87 6 %) SHIFT ((926%)

During the
Monitor's benchmark
benchmark dates,
beginning on
9/04/2008 through
During
the Momtor's
dates, beginning
on 9/0412008
through 10/3112008,
10/31/2008,
the Sheriff failed
of the Consent
failedtotomeet
meetthe
theHousing
Housing Officer staffing
staffingmandates
mandates of
Consent
Decree :
Decree:

September04
04-- 30,
30, 2008
September
/06,9/07,9/08,9/12,9/13,9/14,9/16,9/17,
9/04,9/05,9
9/04, 9/05, 9/06,
9107, 9/08, 9/12, 9/13, 9/14, 9/16, 9/17, 9120,9/21,9122,9/26,9/27,
9/20, 9/21, 9122, 9/26, 9/27,

9/28 and 9/29
October
2008
31.. 2008
October 01 - 31
10/09, 10/10,
10/10, 10/11,
10/11, 10/12, 10/13,
10/13 , 10/17,
10/17, 10118,
10/18, 10/20,
10/04, 10/05,
10/05, 10/06,
10/06, 10/07,
10107, 10/09,
10/25 and 10/30.
9
8

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 9 of 20

Eighth Quarterly
QuarterlyReport
Reportofofthe
the
Eighth
Court
Court Monitor
Monitor
Page 99 of
of20
Page
20

Annex
Facilities Staffing Report
Annex Facilities
Report
Bellwood Annex:
Annex :
07/0112008
07/01/2008 -- 10/3112008
1013112008 Four
Four Month
Month Report
ReportSummary
Summary
Housing
Unitstaffing
staffing at
hasbeen
beenshort
short of
of the mandate
on each
each
Housing Unit
at the
theBellwood
Bellwood Annex
Annex has
mandate on
of
of the
the shifts
shiftsduring
during the
theReporting
Reporting Period, for
for example'
example.7% of
the mandate
mandate
•* 11-7
11-7 Shift
Shift maintained
mamtamed 90
90.7%
of the
Shift maintained
.1% of
the mandate
mandate
of the
• 3-11 Shift
maintained 96
96.1%
of the
• 7-3
7-3 ShIft
maintained 93
93.6%
Shift maintained
.6% of
the mandate
mandate
BELLWOOD
ANNEX·- HOUSING
S
ELLWOOD,4NNEX
HOUSING OFFICER
OFFICE R POSITIONS
POSITIONS va
vs MANDATED
M AN DATED POSITIONS
July
July 01.
0 1 -Octo
October
31, 2008
20138
be r 31,

C6

5
4
3

2
1

o

~

;::;

i I ! i

~

I Iii I I I

~

~11-7 ACTUAL --3·11 ACTUAL --7-3 ACTUAL ~MANDATED STAFF

I

HOUSI NG OFFICER
OFFICER POSITIO
N REPORTING
MAN DATED POSITION
S
HOUSING
POSITION
REPORTING vs
va MANDATED
POSITIONS
ELLINDOD ANNEX)
AN N EX) July
(BELLWOOD
July01
01 -October
• October31,
31, 2008
2008
(B

620 ---!
600
580
560
540
520

-7
-3
MANDATED
11-7
3-11
MANDATED 11
3- 11
77-3
STAFF
(SO
. 6°/4
STAFF SHIFT
SHIFT
(90 77%)
(93.S%)
%) SHIFT ((96
98 11%)
%) SHIFT (83

During the
the Momtor"s
dates, beginning
beginning on
on 9/04/2008
through 10/3112008,
During
Monitor's benchmark
benchmark dates,
9/04/2008 through
10/31/2008,
failedtotomeet
meetthe
theHousing
Housing Officer staffing
staffing mandates
mandates of
Consent
the Sheriff failed
of the Consent
Decree
Decree::

9

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 10 of 20

Eighth Quarterly
Quarterly Report
Reportofof the
the
Eighth
Court
Court Monitor
Page
10 of
of20
Page 10
20

September
04 -- 30,
30.2008
September 04
2008
9/04,9/05,
9/07,9108,9/12,
9/04,
9/05, 9/06, 9/07,
9/08, 9/12, 9/13,
9/13, 9/14,
9/14, 9/16,
9/16, 9/17, 9/20,
9/20, 9/21,
9121 , 9/22,9/26,9/27,
9/22, 9/26, 9/27,
9/28 and 9/29.

October 01 -- 31
31., 2008
10/10, 10/11,
lOllI, 10112
10/12,, 10/13,
10/20,
10/05,, 10/06,
10/03, 10105
10/06, 10/07,
10/07, 10/09,
10/09,10/10,
10/13, 10/17,
10/17, 10/18,
10/18, 10/20,
10/25,
10125, and 10/30
Marietta Blvd.
Blvd.Annex:
Annex :
07/0112008
10/3112008
07/01/2008 - 10/31/2008 Four Month
Month Report
Report Summary
Summary

HousingUnit
Unitstaffing
staffing at
at the Manetta
has been
been short
short ofthe
on
Housing
Marietta Blvd.
Blvd .Annex
Annex has
of the mandate
mandate on
of the ShIftS
each
each of
shiftsdurmg
duringthe
theReporting
Reporting Period,
Period, for
forexample:
example :
Shift maintained
92 .7% of
the mandate
mandate
• 11-7 ShIft
mamtamed 92.7%
of the
of the
• 3-11 Shift
maintained 95
95.6%
Shift maintained
.6% of
the mandate
mandate
• 7-3 Shift
maintained9191%%ofofthe
the mandate
Shift maintained
mandate
MARIETTA
BLVD ANNEX
OFFICER
POSITIONS
MARI ETTA BLVD
ANNEX --HOUSING
HOUSING OFFI
C ER POSITIONS
POSITIONS vvs
s MANDATED POSIT
I ONS
July 01
31, 2008
01 --October
October 31,
2008

35
3
25
2
15
15

11
05
00

~

I:::!

;::

~

~

§
I:::!

'"
;:::

8
~
i:':!

~
....
I:::!

i

~
iii

~iii

'"

I

'"

~

i

~

1ii

~

liI

i i

--11-7 ACTUAL
--3-11 ACTUAL
--7-3 ACTUAL
--MANDATED
-x-11-7
ACTUAL -41~-3-71
ACTUAL -•-7-3
ACTUAL
}MA N DAT ED SSTAFF.
TAFF,

HOUSI
NG OFFICER POSITIO
N REPORTING
R EPORTIN G vs
vsMANDATED
MANDATED POSITIO
NS
HOUSING
POSITION
POSITIONS
{(Marietta
BlvdANNEX)
ANNEX) July
2008
July01
01 -October
- October31,
31.2008
M ariettaBlvd

370
360
350
340
330
320
310

MANDATED
11-7
3-11
7·3
MANDATED
11-7 3-11
7-3
STAFF SHIFT
( 85 6%)
B%) SHIFT
STAFF
SHIFT (92
SHIFT(91
(91 %)
(92 7%) SHIFT (95

10

~
~

~
~

~
~

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 11 of 20

Eighth
Reportof
of the
Eighth Quarterly
Quarterly Report
Court Monitor
Monitor
Page 11
20
Page
11 of
of20

During the
the Monitor"s
dates~ beginning
through 10/31/2008,
During
Monitor's benchmark
benchmark dates,
beginning on
on 9/04/2008
9/04/2008 through
of the Consent
the Sheriff
Sheriff failed
failedtotomeet
meetthe
theHousing
Housing Officer staffing
staffing mandates
mandates of
Consent
Decree :
Decree:

September 04
2008
September
04 - 30, 2008
9/04, 9/13, 9/14, 9/17, 9/20, 9/21, 9/26
9/26 and 9/27.
October 01 - 31,2008
31, 2008
October
10/05, 10/07
10/07 and 10/27.
10/04, 10/05~
Bellwood and
Blvd .Annex
Bellwood
and Marietta
Marietta Blvd.
Annex Supervisorv
Supervisory Report
Report

07/01/2008 -- 10/31/2008
10131 12008 Four Month
Month Report Summary
07/01/2008
The
followmgreport
reportreflects
reflects the
of assignments
ofsupervisory
supervisoryofficers
officers
The following
the percentage
percentage of
assignments of
assigned
Factlities::
assigned to both
both Annex
Annex Facilities
• 11-7
11-7 ShIft
Shift maintained
of of
thethemandate
forforsupervisory
maintained87%
87%
mandate
supervisorystaff
staff
• 3-11 Shift
Shift maintained
the mandate
mandatefor
forsupervisory
supervisorystaff
staff
maintained 83
83.6%
.6% %%ofofthe
• 7-3 Shift
Shift maintained
919%
of the
mandate
forforsupervisory
91 9%
of the
mandate
supervisorystaff
staff
maintained
BELLWO
OD & MARI
E TTA ANNEX
ANNEX HOUSING S
U PERVISO RY POSITIONS
BELLWOOD
MARIETTA
SUPERVISORY
vss MANDATED
MANDAlED POSI
POSITIONS
POSITI ONS v
TI ONS
JLlly
J u4y 01
07 - Oetober
Octobo r 31, 200B
2008
25
2
15
15
1
05
os
0
o

~

~

~

~

il

~

N

~

0

~

Sl

ill

~

§

~

~

-9-11-7
TUAL -3-11
-f-3 -11 ACTUAL
ACTUAL ----7-3
ACTUAL }
_ _ 11-7 AC
ACTUAL
-MANDATED
STAFF
4m-- 7-3 ACTUAL
MANDATED STAFF

11
11

§

I

~

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 12 of 20

Eighth
Quarterly Report
Reportof
of the
Eighth Quarterly
Court Monitor
Court
Monitor
Page 12
12 of
of20
Page
20
HOUSING SUPERVISOR
SUPERVISOR POSITION REPORTING
va MANDATED
HOUSING
REPORTING vs
MANDATED POSITIONS
(Bellwood
Marietta Bl
Blvd
Facilities) July
October
( Bellvuood &&Marietta
v d Annex
Annex Facilities)
July 01 - O
ctober 30, 2008

260
240
2
40
220
200
180
180
MANDAT ED
MANDATED
11-7
3·11
7·3
11-7 3-11
73
SHIFT
3%) SHIFT
STAFF
SHIF T ((92
9 2 3°iG)
S H IFT ((83
83 5%)
S°,6) SHIFT
SHIFT (86.9%)
(86 .90,Q

During
dates, beginnmg
through 10/3112008,
During the Monitor"s
Monitor's benchmark
benchmark dates,
beginning on
on 9/04/2008
9/04/2008 through
10/31/2008,
the Sheriff failed
failedtotomeet
meetthe
theHousmg
Housing Officer
Officer staffing
staffingmandates
mandates of
of the
theConsent
Consent
Decree:
Decree :
September
04 -- 30,
30,2008
September 04
2008
9/07, 9/14 and 9/28.
9/28 .
- 31, 2008
October 01
01 2008
10/07,
10107, 10/10,
10/10, 10/17
10/17 and 10/18.
10/18 .

Excessive Staffing
Report 07/0112008
Month Report
ReportSummary
Summary
Excessive
Staffing Report
07/01/2008 - 10/3112008
10/31/2008 -- Four Month
Sheriff
s effortto
to properly
properly
There continues
continuesto
to be
be gross
gross mismanagement
mismanagement
in the
There
in the
Sheriff
s effort
deploy
staffininaccordance
accordancetotothe
theConsent
ConsentDecree
Decree mandates
mandates
deploy jail
jail staff
The
combined shift
Thefollowing
followingcharts
chartsreport
reportstaff
staffassigned
assignedtotothe
the various
variousshifts
shifts (also a combined
shift
chart) that
that were
were all
beyond the
all beyond
the 52-officers
52-officers and
and8-supervisors
8-supervisorsthat
thatare
arerequired
requiredtoto
meet the
These numbers
numbers only
eachofofthe
thethree
three Operation
Operationshifts
shifts.. These
only involve
meet
the mandates
mandatesofofeach
additIOnal
additional staff
staffassigned
assignedtotoHousing
Housing Operations.
Operations .
EXCESSIVE STAFF ASSIGNED
TO
EXCESSIVE
ASSIGNED 7
0 HOUSING
HOUS I N G
OCTOBER :Z008
COMBINED SHIFTS
JULY - -OCTOBER
2008 COMBINEDSHIFTS

18
16
16
114
4
12
10
8
6
4
2
0
O

:f

~

"It

u.N

9
~ 9~

~
N

N

~

I

6

_
OFFICERS _ _ SUPERVISORS
SUPERVISORS
1 2
12

!

OVEFiT1ME
OVERTlIvE .

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 13 of 20

Eighth Quarterly Report of the
Court Monitor
Page 13 of 20
EXCESSIVE STAFF ASSIGNED TO HOUSING
JULY - OCTOBER 2008 111-7 SHIFT

EXCESSIVE STAFF ASSIG NED TO HOUSING
J ULY- OCTOB ER 2 008 3-1 1 S HI FT
2
0
8
6
4
2
0

--*-OFFICERS --W-SUPERVISORS OVE RTIME

EXCESSIVE STAFF ASSIG N ED TO HOUSI NG
JULY- OCTOBER 2000 7-33HTFT

16
14
12
10
8
6
4
2

0

N

~
-*- O FFIC ERS --- at-S UP E RVISO RS

OVERTIME

Salary and
and Budget
Assigned to
to Housing
Ho using
Salary
Budgetconsiderations
considerations --Excessive
- Excessive Staffing Assigned

Avg salary
X 8 hrs4,632
4,632Hrs
Hrs
Officers 579 X 579
8 hrs
Av
Officers
3,440 Hrs
AVQ salarv
Supervisors
430 X 88hrshrs 3,440
Firs Av
salary
SupelVlsors
430
Overtime

1600
16
00 Hr
2450
24
50 Hr
salary 36 3675
505 XX6 hrs
6 hrs 3.030
Avsala
75 Hr
3.030 HrsFirs Avg
Hr
505

$74,11200
$84,28000
$113,52500
$269,74400

Total Budget
Impact
Budget Impact

13
13

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 14 of 20

Eighth
Quarterly Report
Reportof
of the
the
Eighth Quarterly
Court
Court Monitor
Monitor
Page
Page 14
14 of
of20
20

SUMMARY
This summary
wIllhighlight
highlIghtvarious
various non-compliance
non-compliance
sections,subsections,
subsections,
This
summary will
sections,
and
items of
of the
the Consent
ConsentDecree
Decree
thatare
aredetailed
detadedinin the
the appendix
appendixsections
sectionsofofthis
this
and items
that
report.
However, ininthe
this report,
listofofallall
ConsentDecree
Decree nonnonreport. However~
the conclusion
conclusionofofthis
report, a list
Consent
compliance items
be presented.
presented . AA specIal
special emphaSIS
emphasis will
placed on
nonwIll be placed
on the noncompliance
items will
will be
10 the show
causeorder
orderissued
issuedtotoSheriff
Sheriff
complIance
Itemsthat
thatare
arearticulated
articulated in
compliance items
show cause
Myron
Freeman
by
Judge
Marvin
Shoob
on
July
1
O~
2008.
Myron Freeman by Judge Marvin Shoob on July 10, 2008 .
The Sheriff
Shenff continues
contmues to be unsuccessful
10 reachmg
The
unsuccessful in
reaching full
fullcompliance
compliance with
with a
SIgnificant number
of Consent
Decreeitems
ItemsThose
Those
items
lIstedin
in the conclusion
significant
number of
Consent Decree
items
arearelisted
conclusion
section of
of this report.
ofCorrections
Corrections is
is
section
report. Likewise~
Likewise, the
theGeorgia
Georgia Department
Department of
unsuccessful
10 reaching
section of
of the
unsuccessful in
reaching full
fullcompliance
compliance WIth
with the
the mandated
mandated section
the Consent
Consent
Decree
relevant
to
it.
However,
the
following
non-compliance
items
that
will
be
Decree relevant to it . However, the following non-compliance items that will be
expounded
areare
the
in the
the show
show cause
cause order
expoundedupon
upon
theitems
itemsspecifically
specificallyidentified
identified in
order'

SHOW CAUSE
CAUSE ORDER
ORDER ITEMS
SHOW
STAFFING
Staffing contmues
Consent
m
continues to
topresent
presentfull
full
ConsentDecree
Decreecompliance
compliance problems,
problems, in
spite of
of the
the Jail
Jailhaving
having the
the largest
largest contmgent
contingent of
of detention
detention officers available
available for
deployment,
working on
overtimespent,
spent,and
andextra
extra officers
officers workmg
on various
various
deployment,large
large amounts
amountsofofovertime
shifts As
previously stated,
stated, the
4~ 2008 as a
shifts
As previously
theMonitor
Monitor has establIshed
established September
September 4,
Sheriffs
compliance
to
the
show
cause
items
to
be
benchmark
for
the
benchmark for the Sheriffs compliance to the show cause items
be measured.
measured .
However,
ofmandated
mandated posts
have not
posts have
not occurred
occurred..
However,full
full supervisor
supervIsorand
andofficer
officer staffing
staffing of
Of
57 days
4, 4,2008,
31,31,
2008,
which
is is
thethelast
Of the
the 57
days between
betweenSeptember
September
2008,and
andOctober
October
2008,
which
last
ofthis
this reporting
10 full compliance
compliancewith
with supervisor
supervisor
day of
day
reporting period, the Sheriff
Sheriff has
has been
been in
mandatedpost
post 54
54.4%
of the time and
officer compliance
of the time.
mandated
.4% of
and officer
compliance 99.3%
.3% of
time .Adequate
Adequate
deployment
full
deploymentofofstaff
staffappears
appearstotoprevent
preventthe
theSheriff
Sherifffrom
fromachieving
achieving
fullstaffing
staffing
compliance
as
mandated
in
the
Consent
Decree.
As
long
as
the
Sheriff
compliance as mandated in
Consent Decree . As long
Sheriff consistently
consistently
has extra
extra staff
staff on
on each
eachshift,
ShIft, it
it ISisdifficult
notnotreaching
has
difficulttotojustify
justify
reachingfull
fullcompliance.
compliance .

POPULATION
POPULATION
Since
September 4,
2008's bench
inmate
Since the September
4, 2008's
benchmark,
mark,the
the Fulton
Fulton County
CountyJail's
Jail's inmate
population
1,800, below
below the
population cap
population has
has decreased
decreasedtotoaa level
level close to 1,800,
the populatIon
cap
2,250 and
and that
that was
project
mandatedinmthe
the Consent
Consent Decree
Decreeofof2,250
mandated
was adjusted by
by the
the MEP
MEP project
to 1,842.
1,842 . ItItisis
opinionsofofthetheMomtor
Monitor and
and Auditor
Auditor that this
this inmate
inmate population
population
thethe
opinions
14
14

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Document 214

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Page 15 of 20

Eighth Quarterly
QuarterlyReport
Reportofofthe
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Court Monitor
Monitor
Court
Page1515of
of20
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20

reductionis
is mamly
attributed to the
new
reduction
mainly attributed
the additional
additionalbeds
beds brought
brought on
on through
through aa new
contract with
with the
the Union
UnionCity
CityJail
Jail and
andadditional
additionalbeds
bedsadded
addedtotothe
theAtlanta
AtlantaCity
CityJail
Jail
contract
an effort
contract along
alongwith
withthe
theother
otherexisting
existingoutsource
outsource
facilities.. Plus, in an
effort to
to further
further
contract
facilities
address
the
Fulton
County
Jail
inmate
populatIOn
and
to
respond
to
the
show
cause
address the Fulton County- Jail inmate population and
respond
the show cause
However,
order, the Chief
order,
Chief JaIler
Jailerhas
hasconducted
conducted three populatIOn
population control meetings.
meetings . However,
there has been
no information
informationshared
sharedwith
wIththe
the Monitor
Monitorand
andAuditor
Auditor
the
there
been no
asastotothe
reduction in
in the Fulton
JaIl inmate
population in
in specific
and
reduction
Fulton County
County Jail
inmate population
specific numbers
numbers and
categories that
that are related to
meeting"sefforts
efforts.. The
categories
to the
the Population
Population Control
Control meeting's
The
population item
item of the
population
the show
show cause
cause order
order has
has reached
reached compliance.
compliance .

HOUSING
Duringthis
this reporting penod
22,
During
period (July
(Julythrough
through October,
October, 2008)
2008) on
on August
August 22,
2008, the
the Chief
ChIefJailer
Jailer viSIted
of
2008,
visited the
the outsourced
outsourced jails
jailsininSouth
SouthGeorgIa
Georgia for the
the purpose
purpose of
inspecting
the
housing
condItions
under
which
Fulton
County
Jail1nmates
are
living
inspecting
housing conditions under which Fulton County Jail inmates are living
Upon
Fulton County,
reported that
thatno
noFulton
FultonCounty
County
Uponhis
hisreturn
return to
to Fulton
County,the
the Chief
ChiefJailer
Jailer reported
Jail inmate
wassubjected
subjectedtotosleeping
sleepinginintriple
triple bunks
bunksororsleeping
sleepingononthe
thefloor
floor
Jail
inmate was
situations The
Ja1ls that
were
Pelham
situations
The jails
thathehevis1ted
visited
werelocated
locatedinin
PelhamCity,
City,Cook
Cook County,
County, and
and
DecaturCounty
CountyOn On
October
20 and
2008,
Auditor
visited
these
jailsfor
for
Decatur
October
20 and
21, 21,
2008,
the the
Auditor
alsoalso
visited
these
jails
purposeHeHereported
reportedthat
thathe
he observed
observedfour
four Fulton
Fulton County
CountyJail
Jad inmates
inmates
the same
same purpose
sleeping
on
plastic
bunks
(marketed
as
boats)
on
the
floor
of
four
individual
cells
sleeping on plastic bunks (marketed as boats) on the floor of four individual cells
The plastic boat
boat
that were
designed for
for four inmates
CountyJail
Jail.. The
were designed
inmates in the
the Cook
Cook County
He further reported
reported that in the
the Pelham
Pelham City
increased
these cells
cells to
CityJail
Jail
increased these
to five
five inmates.
inmates . He
triple bunks
there were
were triple
bunks used
used for
for four
four of
ofthe
theFulton
FultonCounty
County Jail
Jailinmates
inmates (see
(see more
more
information on
ininhis
detailed information
onthe
theAuditor's
Auditor'strip
tnp to
to South
SouthGeorgia
Georgia
hisreport
reportininthe
the
hasbeen
beenquestIOned
questioned by
by the Sheriff
Sheriff as to
to whether
whether the
append1x
report)..ItIthas
the
appendix ofofth1s
this report)
Fulton
County
Jail
inmates
that
are
m
outsourcedjails
come
under
the
protection
of
Fulton County Jail inmates that are in outsourced jails come under the protection of
the
opinionsofofthe
theMonitor,
Monitor, Aud1tor,
Auditor, and
andPlaintiff's
Plaintiffs
the Consent
Consent Decree.
Decree . ItIt1Sisthetheopm10ns
Counsel that
allFulton
FultonCounty
County Jail
Jailmmates
inmatesare
arecovered
coveredby
bythe
theConsent
Consent Decree
Decree
Counsel
that all
regardless
of their
the1r custody
arrangements
other
jadsororfacilities
facilities
regardless of
custody arrangements
in in
other
jails

MEDICAL
MEDICAL SERVICES
During this
period, there
there continues
continues to
tobe
be significant
significantnumbers
numbers of
of
During
this reporting period,
missed
or failed appointments
whereinmates
1nmates
notbeing
being
brought
clinicfor
for
missed or
appointments where
areare
not
brought
to to
thetheclinic
scheduled
procedures OfOfparticular
particular concern
concern are
are the
for x-ray
scheduled procedures
the missed
missed appointments
appointments for
x-ray
.
The
Monitor
and
1S
simply
stated
that
the
inmate
refused.
The
Monitor
and
and
dental
where
it
and dental where it is simply
that the inmate refused
Auditor fully
that the
the Sheriff
Sheriffcannot
cannot force
force inmates
inmates to receive
receive medical
medical related
Auditor
fully realize
reahze that
related
services, but
butallowance
allowance of
of aa system
system through
jail
can
services,
through which
whichany
anyassigned
assigned
Jailofficer
officer staff can
report that
thata apart1cular
particular
inmaterefused
refusedscheduled
scheduledtreatment
treatmentwithout
withoutdocumentation
documentation
report
inmate
15
15

Case 1:04-cv-01416-MHS

Document 214

Filed 11/19/2008

Page 16 of 20

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QuarterlyReport
Reportofofthe
the
Eighth
Court Monitor
Monitor
Court
Page16
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of20
Page
20

sIgnature or
or a wItness
leaves this
this way
of dealing
dealing with
with these
these
that mcludes
includes the mmates
inmates signature
witness leaves
way of
types of
of appointment
openfor
for the
the question
question:: "DId
actually refuse?"
refuse?".. To
types
appointment open
"Did the mmate
inmate actually
To
of
this
nature,
a
check
and
balance
system
should
be
established
that
prevent
abuse
prevent abuse of this nature, a check and balance system should be established that
wouldprevent
prevent such
such abuse
abuse..
would

INMATE GRIEVANCES
INMATE
GRIEVANCES
Although
Althoughthe
the Inmate
Inmate Grievances
GrievancesProcedures
Procedureshave
havebeen
beenimproved
improved
significantly
significantly
and
continues to be
be aa large
large percentage
percentage of
of grievances
grievances being
being
and operate
operate effectively,
effectively, there continues
use of
of profanity,
profanity,
filed related
related to
to staff
staffactions
actionsallegmg
allegingverbal
verbaland
and physical
physical abuses,
abuses, use
policy and
and procedure
procedureissues
issues..
unprofessional behavior,
behavior, and
and an
an increasing number
unprofessional
number ofofpolicy
Despite the fact
communicates
management
Despite
fact that
thatgrievance
grievancestaff
staff
communicates this
thisproblem
problem to
tojail
jail
management
staff,
the
Office
of
Professional
Standards
is
slow
to
investigate
and
to
brmg
staff, the Office of Professional Standards is slow
and
bring
However,
relatingtotothe
the Jail
Jail supplying
resolutions to
to such
such complaints
complaints However,
relating
supplying grievance
grievance
forms to
to the
the inmates
mmatesas
as listed
listed in
cause order,
order, grievance
grievanceinvestigators
investigators are
are
forms
in the
the show
show cause
nowproviding
providinggrievance
gnevanceforms
formsand
andenvelops
envelops
theinmates
inmatesasasthey
theyrespond
responddaily
dailytoto
now
to tothe
units.. Housmg
officers and
floor supervisors
access to
to
the housing
housing units
Housing officers
and floor
supervisors also have
have access
grievance
forms
and
envelopes
to
provide
to
the
inmates.
This
system
as
to
grievance forms and envelopes to provide to the inmates . This system as tohow
how
grievance
grievance forms
formsare
are provided
providedtoto the
the inmates
inmates is
is acceptable
acceptable to both
both the
the Monitor
Monitor and
and
The Inmate
Inmate Grievance
show cause
cause order
order has reached
reached
Auditor.. The
Grievanceitem
item of
of the show
Auditor
compliance

INMATE RELEASES
INMATE
The
Sheriffs
The Sheriff
s staff continues
continues to
toprovide
provide the
theAudItor
Auditor aa report
reporton
on inmates
inmates being
being
However, because
change, the
theinformation
informationnow
now
ofaa staff
staff change,
released from
becauseof
from custody.
custody . However,
received is
lessinformative
informative than
than reported
reported in
inprevious
previous Monitor's
Monitor's and
and Auditor's
received
is less
Auditor's
reports.
Sheriff s previous
inmaterelease
releasereport
report data
data included
includedspecific
specific
reports . The
The Sheriff's
previous inmate
information
related
to
the
circumstances
of
the
delayed
release:
such
information related
the circumstances of
delayed release : such as judges,
judges, dates
dates
of
of release
releasepaperwork
paperwork being
being generated
generated and
andreceived,
received, and
and many
manysteps
stepsand
andefforts
efforts taken
taken
by
by JaIl
jail staff
stafftotocontact
contactthe
theresponsible
responsible parties
partiesfor
foraddItional
additionalinformation,
information, or
or pick-up
pick-up
by
authorities..Without
by other law
law enforcement
enforcement authorities
Without additional and
and speCIfic
specific information
information of
individual release actIOns,
and Auditor
AudItorcan
canonly
onlyreport
reportthe
thebasics
basics as
as they
they
actions, the
theMonitor
Monitor and
suggested that
that the
the Sheriff
Sheriff return
return to the
the
are reported
by the
the Sheriff
Sheriffs
staff..ItItisissuggested
reported by
s staff
reporting of
of inmate
inmate release data that
that was
was reported
reported in
in prior
priorMonitor's
Monitor's and
and Auditor"
Auditor'ss
reporting
reports
reports..

OTHER
OTHER MAJOR
MAJOR CONSENT
CONSENT DECREE
DECREE NON
NON COMPLIANCE
COMPLIANCE ITEMS
16
16

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Page 17 of 20

Eighth
Quarterly Report
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of the
the
Eighth Quarterly
Court
Court Monitor
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Page
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Page 17
20

EMERGENCY
EMERGENCYEVACUATION
EVACUATION PLAN
Developingananadequate
adequateFulton
FultonCounty
CountyJail
Jail inmate
inmate and
and staff
staff emergency
Developing
emergency
is
evacuation
plan continues
continues to
to be
be in need.
planasas written
written is
evacuation plan
need . The
The current evacuation
evacuation plan
negotiated
memorandum
of
not adequate
adequate to
to safely
safelyevacuate
evacuatethe
theinmates
inmatestoto
negotiated
memorandum of
understandingsites
sitesthat
that will
will fully
fully servIce
evacuatedtotothat
that
understanding
service the
the category
category of
of inmates
inmates evacuated
site.
An
emergency
evacuation
proposal
was
presented
to
all
the
Consent
Decree
site. An emergency evacuation proposal was presented to all the Consent Decree
it has
parttes by
parties
by the
the Momtor~
Monitor, however,
however, it
has not
not been
been accepted
accepted by
by the Sheriff and
and County
County
of this report~
defendants.
defendants. As
As of
report . no
no efforts
effortsare
arebeing
beingmade
made to
to develop
develop an evacuation
evacuation
plan.. At
pomt in
m time
tIme aa disaster
dIsaster could
couldoccur
occurthat
thatrequires
requiresfull
fullororpartial
partial
plan
At any
any point
ofthe
the Jail
Jall Also,
Also, as
as mandated,
fire drills
drills are
evacuation
evacuation of
mandated, fire
arenot
notconducted
conducted at the
the main
main
Jail,
or
Bellwood,
Marietta,
and
Alpharetta
facilities.
Jail, or Bellwood, Marietta, and Alpharetta facilities .

CAMERAS
AND TAPING
TAPING SYSTEMS
CAMERAS AND
SYSTEMS
Cameras
and/or replacement.
replacement .
Camerasand
andtaping
tapingsystems
systemsare
areininserious
serious need
need of
of repair and/or
At
of the cameras
fall to
of the Consent
At the present
present time,
time, many
many of
cameras fail
tomeet
meet the
the mandates
mandates of
Consent
Decree.
Rectifying
this
problem
belongs
to
both
the
County
and
Sheriff
defendants.
Decree . Rectifying this problem belongs to both the County and Sheriff defendants .
It
primarily aafunding
funding Issue.
issue .ItItis is
incumbent upon
upon the Sheriff
Sheriff to
tohave
have the
the system
system
incumbent
It isisprimarily
assessed
replacement and
parts..
assessed for replacement
anddiscontinue
dlscontmuefunding
fundingrepairs
repairs and
andreplacement
replacementofofparts
He should
shouldthen
thenprepare
prepareaabudget
budgetrequest
requestto
to the
the County
Countyfor
for the
the purpose
purposeof
ofreplacing
replacing
He
the entire
entire system.
system .

GEORGIA DEPARTMENT OF CORRECTIONS
CORRECTIONS (DOC)
Duringthis
thIS reporting period,
hasfailed
failed to pick
During
period, the
theDOC
DOC has
pick up
up sentenced
sentenced
offenders
previous reporting
There have
have been
as promptlypromptly as
as in prevIous
reportmg periods
periods.. There
been several
several
offenders as
was delaying
delaying pick
separate dates
dates the DOC has
has notified
notified the
the Sheriff
Sheriff that ititwas
pick up,
up, citing
citmg
separate
.
The
Sheriff
has
provided
any
specific
data
to
that itithad
no
bed
space
available.
The
Shenffhas
not
provided
any
specific
data
to
had no bed space available
identify exactly
inmates and
identify
exactlyhow
how many
many inmates
and dates
dates have
have been
been scheduled
scheduled by
by the
theDOC.
DOC .
Without
the Momtor
Monitor and
there may
may have
data~ the
and Auditor
Auditorcan
canonly
onlyreport
report that
that there
have
Withoutspecific
specific data,
been
sentenced offenders
offendersby
bythe
theDOC.
DOC .
been some
somedelays
delaysinin receiving
receiving state
state sentenced
COUNTY DEFENDANTS
DEFENDANTS
COUNTY
It isisthe
theopinions
opinionsof
ofthe
theMonitor
Monitor and
and Auditor
Auditor that the
the most
most successful
of
It
successful parts of
the Consent
Consent Decree
from the
the efforts
effortsmade
madebybythe
theCounty
CountyCommissioners
Commissioners in
Decree result
result from
in
the fundmg
funding of
projects,
facilities,
Fulton
ofthe
the MEP
MEP
projects,the
theoutsourced
outsourced
facilities, and
and staffing
staffing the Fulton
County Jail
The MEP
MEP projects
County
Jail.. The
projectscontinue
continueto
to move
movesuccessfully
successfullyforward
forwardininspite
spite of
of
17

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Document 214

Filed 11/19/2008

Page 18 of 20

Eighth Quarterly
Quarterly Report
Reportofofthe
the
Eighth
Court Monitor
Court
Monitor
Page 18
18 of
of20
Page
20

havingto
to perform
performall
all of
of its
Its renovations
inmatesand
andstaff
staffoccupy
occupythe
theJail
Jail..
having
renovations while
while inmates
Thereare
are six
six outsource
outsourcefacilities
facilitles that
There
thathave
have received
received full
fullfunding
funding from
from the County:
County :
Atlanta
City
Jail,
DeKalb
County
Jail,
Union
City
Jail,
Pelham
City
JaIl,
Decatur
Atlanta City Jail DeKalb County Jail, Union City Jail, Pelham City Jail, Decatur
County
Jail, and
CountyJail
Jail.. WhIle
projectsare
areactive,
active, Fulton
Fulton
County Jail,
and Cook
Cook County
While the MEP
MEP projects
County
Jail's CAP
is reduced
2,250 inmates
inmates to 1,842 inmates.
County Jail's
CAP is
reduced from
from 2,250
inmates. With
With the
outsourced
facIlitIes, the
reducedtotoclose
close
outsourced facilities,
theFulton
Fulton County
County- Jail's
Jail'spopulation
population has
has been
been reduced
to 1,800.
1,800 . Finally,
Finally,according
according totoCounty
County defendants, the Sheriff has
has received
received funding
funding
for staffmg
fullystaff
staff his
staffingfrom
from the
theCounty
County Commissioners
Commissioners totofully
his expressed
expressed needs
needs
III
his
budget
requests
However,
the
Monitor
has
made
numerous
articulated
articulated in his budget requests However, the Monitor has made numerous
of the Sheriff
that the
requests of
requests
Sheriff totoprovide
provide information
information that
thathe
he claims
claims shows
shows that
the County
County
of the Fulton
Jail.. The
has
inadequatelyprovided
proVIdedfunds
fundsforforfull
full staffing
staffing of
has inadequately
Fulton County
County Jail
The
Sheriffhas
Sheriff has failed
failed totoprovide
provide this
thisinformation
information to
tothe
theMonitor.
Monitor . The
The County's
County's
expressed
opinionwas
was
thatthe
theSheriff
Sheriffwas
was
able,for
formany
many
reasons,
fillthe
the
expressed opinion
that
notnot
able,
reasons,
to to
fill
eXlstmg
vacancIes
that
he
then
had
at
the
Jail
when
he
submitted
his
budget
request
existing vacancies that
had
the Jail when
submitted his budget request
.
for additional
staff.
additional staff

INMATE IN CUSTODY
CUSTODY DEATHS FOR
FOR THIS REPORTING PERIOD
During this
were six
Durmg
thIS reporting
reporting period,
period, there were
six deaths
deaths under
underthe
the custody
custodyofofthe
the
Sheriffs
however, there
there was
was one
one death,
death, inmate
inmate Dorretha
Dorretha Simmon,
Simmon, that
Sheriff's;; however,
that occurred
occurred in
in
Grady
Hospitalshortly
shortlyafter
after release from
Grady Hospital
from the Sheriffs
Sheriff's custody.
custody . (see
(seebelow)
below) The
The
during this
this period:
following
is a list
following is
listofofthe
theinmate
inmatedeaths
deathsunder
under the
the Sheriff's
Sheriffs custody
custody during
period :

1.
Cobb,July
July 12,
12, 2008
- Booking Number
dIed of
of auto
1 . Xavier
Xavier Cobb,
2008 Number 0823568 -- died
injuries
received
prior
to
arrest
by
the
Atlanta
Police
(Monitor
nor
injuries received prior to arrest by the Atlanta Police (Monitor nor Auditor
Auditor
were
were notified)
notIfied)
2. Terry
- Booking
Bookmg Number
0818171 -- died
died of
of cardiac
2.
Terry Hardy,
Hardy . July
July 14,2008
14, 2008 Number 0818171
arrest m
and Auditor
Auditorwere
werenotified)
notified)
arrest
inGrady
Grady HospItal
Hospital (Monitor
(Monitor and
CassandraDixon,
Dixon,July
July 15,2008 -- Booking
3 Cassandra
Booking Number
Number 0800859
0800859 -- died whIle
while
under
treatment
at
Grady
Hospital
(Monitor
nor
Auditor
were
notified)
under treatment
Grady Hospital (Monitor nor Auditor were notified)
4. Willie
Willie Robinson
Robinson Jr.,
Jr .,October
October 9.
Booking Number
Number 0833477
0833477 4.
9, 2008
2008 -- Booking
- died
of
arrestininGrady
Grady Hospital
Hospital (Monitor
(Monitor and
and Auditor
of cardiac arrest
Auditor were
werenotified)
notified)
Number 0711194 -- died
Mann,October
October12,
12,2008
- Booking Number
dIed at
55.. Arthur
Arthur Mann,
2008 at this
this time
Grady Hospital,
Grad),
Hospital, cause
cause of
of death
death unknown
unknown at
time (Monitor
(Monitor nor Auditor
Auditor
were
were notified)
notified)
6.
James
Allison, October
- Booking Number
0626791 -- died from
6 . James Allison,
October 24, 2008
2008 Number 0626791
from
suicide
pronounced dead
Grady Hospital (Monitor
(Monitor and
and Auditor
Auditor were
were
suiCIde pronounced
dead at
at Grady
notified)
Dorretha Simmon,
Simmon, October
Booking Number
Number 0738090
Note:: Dorretha
October8,
8, 2008 - Booking
0738090-- in
in
Note
anticipation of
her death, at the
the request
request of
of the
the Sheriff,
Sheriff,was
was released
released
of her
anticipation
18

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Document 214

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Page 19 of 20

Eighth
Quarterly Report
Reportof
of the
Eighth Quarterly
Court
Court Monitor
Monitor
Page
19 of
of20
Page 19
20

from custody
custodyof
ofthe
the Sheriff on
23, 2008
2008to
to Grady
GradyHospital,
Hospital,
from
on September
September 23,
the cause
cause of
of death
deathwas,
was,asasadvIsed,
advised,HIV
HIV related
relatedpneumoma
pneumonia (Monitor
(Monitor
nor
Auditor
were
notified)
nor Auditor were notified)

CONCLUSION
In
conclusion, the
represents the sections, subsections,
subsections, and
and items
In conclusion,
the following
followinglist
list represents
items
within
Consent Decree
compliance :
within the Consent
Decree with
WIth which
WhIChdefendants
defendantsare
arenot
not in
in compliance:
•
•
•
•

•
•
•
•

•
•
•
•
•

SSecurity
ecurity Rounds
III, subsection
item 15)
15) responsibility
responsibility
Round s -- (Section
(Section III,
subsection A, item
Sheriff
Census -- Population
Jail Census
PopulationReview
Review(Section
(SectionIII,
III, subsection
subsection B,
B, item
item 21)
21)
responsibilityGeorgia
Georgia Department
Department of
of Corrections
responsibility
Processingof
of Releases
Releases -- Delayed
DelayedInmate
InmateReleases
Releases(Section
(SectionIII,
III,
Processing
subsection C,
subsection
C, items
items 22
22 and
and23)
23)responsibility
responsibility Sheriff
Sheriff
Staffing and
and Security:
Security : Main
Main Jail
JailUniform
Uniform Officers
Officers- -96%
96% and
and Housing
Housing
SuperVlsors
69
5%
compliance,
Marietta
and
Bellwood
Uniform
Supervisors - 69 5% compliance, Marietta and Bellwood Uniform
Officers
Supervisors -- 59.1
Officers -- 92
92 9%
9% and Housmg
Housing Supervisors
59 .1%% compliance
compliance (Section
A, items
items 25
25 and
and27)
27)responsibility
responsibility Sheriff
Sheriff
IV, subsectIon
subsection A,
Release
Release and
andIntake
Intake- -(Section
(SectlOnIV,
IV,subsection
subsectionA,A,item
Item29)
29)responsibility
responsibl1ity
Sheriff
Population
andHousing
Housing
- (SectionIIT,
III, subsection
subsection B,
B, items
Items 19,
19,
Popu
lation Limits
Limits and
- (Section
20) responsibility
responslbihty Shenff
20)
Sheriff
Population
- Classification
PopulationLimits
Limitsand
andHousing
Housing
- Classification(Section
(SectionIV,
IV, subsection
subsection
Items 32, 35b
and49)
49) responsibility
responslblhty Sheriff
B, items
35b and
Environmental
Health
Safety
- (SectionIV,
IV,subsection
subsectlOnE,E,items
items
Environmental
Health
andand
Safety
- (Section
57, 58, 59,
60,
61,
and
62)
responslbihty
Sheriff
59, 60, 61, and 62) responsibility Sheriff
Plumbing
(SectlOn
IV,subsection
subsection
Item65)
65)responsibility
responslbihty Sheriff
Shenff
Plumbing - -(Section
IV,
F,F,item
Laundry
Laundry
- -(Section
(SectionIV,
IV,subsection
subsectionG,G,items
items7070and
and71)
71)responsibility
responsibility
Shenff
Sheriff
Housing
(SectionIV,
IV,subsection
subsectionH,H,items
items7474and
and76)
76)responsibility
responsibility
Housing - -(Section
Sheriff
Legal
Visits
- (Section
IV,IV,
subject
I,I,item
Legaland
andFamily
Family
Visits
- (SectIon
subject
item77)
77)responsibility
responslbihty
Sheriff
Shenff
Medical
- (Section
IV,IV,subsection
J,J,item
MedicalCare
Care
- (Section
subsection
item80)
80)responsibility
responsibility Sheriff
Sheriff
19

Case 1:04-cv-01416-MHS

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Filed 11/19/2008

Page 20 of 20

Eighth Quarterly
QuarterlyReport
Reportofofthe
the
Eighth
Court Monitor
Monitor
Court
Page20
20 of
of20
Page
20

•
Inmate s -- (Section
(Section IV,
IV, subsection
subsection L, items
items 91
91 and
and 92)
• Mentally
Mentally Ill
III Inmates
92)
responsibility Sheriff
Sheriff
Proceduress -- (Section
• Safety and Emergency
Emergency Procedure
(Section IV,
IV, subsection
subsection M,
M, items
93~ 94, 95, 96, and
97) responsibility Shenff
93,
and 97)
Sheriff
•
y Procedure
Preparedne ss -- (Section
(Section IV,
IV, subsection
subsection M~
M,
• Emergenc
Emergency
Proceduress and
and Preparedness
items 93,
93, 94,
94, and
and 95)
95) responsibility
responsibility Sheriff
Shenff
items
• Mass Evacuation and
items 93,
93,
•
and Fire Drills -- (Section
(Section IV,
IV, subsection
subsection M,
M, items
95) responsibility
responsibility Sheriff
Sheriff
94, and
and 95)
and Video Tape
Tape System - (Section
subsection M,
M, item
•• Camera
Camerass and
(SectIOn IV, subsection
item
100) responsibility
responsibtlity Sheriff
100)

The compliance
compliancestatus
statusofofall
all Consent
Decreeitems
itemsisis reported
reported in
in the Auditor's
The
Consent Decree
Auditor's
monthlyreports
reports and
andthe
the Monitor's
Monitor'squarter
quarterreports
reports.. The
provides each
each report
report
monthly
The Monitor
Monitor provides
Jailer totoreview~
periodfor
for the
the Auditor's
to both
both the Sheriff
Sheriff and
and Chief
Chief Jailer
review, aatwo
two week
week period
Auditor's
The Sheriff and
and Chief
Chief Jailer
Jailermay
may
for the Monitor"s
report.. The
report and
and one week
week for
Monitor's report
th
and
choose
to
respond
or
not
respond
To
date,
they
have
responded
to
the
20
choose to respond or not respond To date, they have responded to the 20t' and 2121 Scst
ofthe
the Monitor's
reports received responses
Sincethe
the
reports of
of the
theAuditor
Auditor None
None of
Monitor's reports
responses Since
sameabove
abovelisted
hsted non-compliance
non-complianceitems
itemsconsistently
consIstentlyappear
appearininall
all Monitor's
and
same
Monitor's and
Auditor'sreports,
reports, it
it appears
placed
Auditor's
appears that the
the Shenff
Sheriff and
and Chief
Chief Jailer
hailer have
have previously
previously placed
At the
therecommendation
recommendation of
lowpriority
priority..At
of the
the
compliance
to the
the Consent
ConsentDecree
Decreeasasaalow
compliance to
Monitor,
Sheriffimplemented
implemented a strategic
strategicmanagement
management team
Monitor, the Shenff
team meeting
meetmgthat
that
included high
high level
Sheriff'smanagement
management staff
and jail
jailmanagement
management decision
included
level Sheriffs
staff and
deciSion
these meetings
meetingshave
havefailed
failed to
to successfully
successfully address
address the nonmakers.. However~
makers
However, these
noncompliance
Consent
Decree
items
listedininthis
this and
and other
other reports
reports..
compliance Consent
Decree
items
listed
that Consent
ConsentDecree
Decree
items
hstedinIn both
boththe
the Auditors'
Auditors" and
and
It
It ISisrecommended
recommended that
items
listed
Monitor"s
reports,
especially
those
that
are
in
non-comphance,
be
made
a
major
Monitor's reports, especially those that are in non-compliance, be made major
weekly
management
team
priority. for
foraction
actionininthe
theSheriffs/Chief
Sheriff s/ChiefJailer's
Jailer's
weeklystrategic
strategic
management team
meetings
and other
other areas of
under the
the Sheriffs
Sheriffs
meetings and
of major
major planmng
planning and
and decision
decision making
making under
command.
formation , see Auditor's
attached report
Note:
mformation~
Auditor"s attached
report in
in the
Note: For
For detailed
detailed supportive
supportive in
on
of
this
report.
appendix
section
of
report.
appendix secti
Respectfully Submitted,

Calvin A.
A. Lightfoot
Lightfoot
Court Monitor
Monitor
November
November 66,, 2008
20