Emergency Motion for a Temporary Restraining Order filed on behalf of Prisoners at Lee Arrendale State Prison

Inmates Subject to Rapes, Assaults, Constant Threat of Violence

ATLANTA, GEORGIA, November 12, 2004– A temporary restraining order was filed today by attorneys from King & Spalding LLP and the Southern Center for Human Rights (SCHR),on behalf of inmates at Lee Arrendale Prison (Arrendale) in Alto, Georgia. This motion is based on newly discovered evidence that Defendants are failing to protect inmates from rape and assault. In particular, this motion states that Matthew Thomas, an openly gay inmate, was brutally beaten and raped twice in October, 2004.

Plaintiff’s motion comes on the heels of a Motion for Contempt, filed in the case on September 30, 2004. The Motion for Contempt alleged that the Georgia Department of Corrections has disregarded threats to inmates' safety by not providing adequate staffing, neglecting to ensure that officers supervise inmates appropriately by patrolling and circulating through the cell blocks, failing to repair broken cell doors, and failing to segregate young, vulnerable inmates from inmates with a history of violent, predatory behavior towards other inmates.

According to SCHR attorney Sarah Geraghty, "Despite being repeatedly warned about the chronic and unacceptably high level of inmate-on-inmate rape at Arrendale, the Department of Corrections has failed to take reasonable steps to protect inmates. As a result, vulnerable inmates like Mr. Thomas continue to be raped."

Lawyers are requesting the Court demand that the Georgia Department of Corrections take immediate action to address the continuously high level of violence at the prison, specifically:

  • No new prisoners may be incarcerated at Arrendale;
     
  • No prisoners may be transferred from the juvenile area of Arrendale to the adult area;
     
  • Within 14 days, repair all broken cell doors and replace all locks in the Special Management and B Units. The locks are ineffective and can be opened at will by prisoners;
     
  • The immediate transfer from Arrendale of Matthew Thomas. Mr. Thomas was raped twice by the same inmate in the course of a two week period. After the first rape, Mr. Thomas reported both the rape and the name of the rapist to an Arrendale officer. Yet shortly thereafter, officers placed Mr. Thomas in a cell immediately adjacent to his rapist. He was raped again by the same inmate.
     
  • Within 14 days, ensure direct twenty-four hour supervision of the Special Management and B Units by having a correctional officer present at all times inside the dorm;
     
  • Within 30 days, transfer all17 year-olds at Arrendale, who are at heightened risk of immediate harm by being housed with adults, to another Georgia Department of Corrections prison where thy will be better protected from rape and assault.
    •

    Violence and lack of adequate protection for inmates were central issues in the original case, Reece v. Whitworth when it was filed more than 22 years ago. The Consent Order contained provisions that were designed to reduce the incidence of inmate-on-inmate violence at Arrendale, protect inmates from one another, and protect the rights of inmates under the Eighth Amendment.

    For more information, please contact Sarah Geraghty or Sara Totonchi at 404/688-1202.

    To read the Motion for a Temporary Restraining Order, click here

    To read the Memorandum of Law in Support of the Temporary restraining Order, click here.

    To read the original brief, click here

    To view the Letter sent to the GDC after Boatwright's death, click here.

     

    Return to Center's Efforts to Protect Human Rights