Articles Posted in Georgia prisons

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This past week I was fortunate to attend the 2026 Annual Meeting of the International Society of Barristers (ISOB) in Mauna Lani, Hawaii. I am a Fellow in this amazing trial lawyer organization, and enjoy the fellowship and camaraderie these meetings engender.  Each day begins with a formal program of speakers from all disciplines, but rarely from the actual practice of law. These speakers are there to enrich your mind and expand your capacity for thought. They make you get out of your daily rut of practicing law and put yourself into a new world that is exciting, thought-provoking and challenging. You grow as a human being. Enrichment is the goal.  This was also my last meeting serving on the Board of Governors. I have been on the ISOB Board for 6 years and now that rewarding role is now finished.

Of the numerous speakers, two were my favorites. The first was Valentino Dixon, an artist who was wrongfully convicted of murder and who served 27 years in prison in Attica, N.Y. Mr. Dixon has an amazing story. He “drew himself to freedom” after spending 27 years in prison for a crime he didn’t commit. He survived the notorious Attica Prison through his gifted hands and a set of colored pencils his uncle gave him.  One day his warden asked him to draw his favorite golf hole, No. 13 at Augusta National.  Then, his next-door cellmate gave him two old copies of Golf Digest magazine and challenged him to draw the golf holes in those magazines. Drawing up to 10 hours a day he created awe-inspiring masterpieces that evoke powerful emotions giving strength and inspiration to anyone facing a difficult time.  Along the way, he wrote 1,000’s of letters asking for help to exonerate him. Finally, Max Adler, a writer with Gold Digest, took action and helped begin an investigation that led to Mr. Dixon’s exoneration and freedom from prison. His is a truly remarkable story and I urge you to read about it. There have also been documentaries made about Mr. Dixon’s life. Mr. Dixon said that if his story could be boiled down into one phrase it would be “Don’t ever give up.”Valentino Dixon's golf drawings become center of attention at New York art show | Golf News and Tour Information | Golf Digest

My second favorite speaker was Dean Erwin Chemerinsky, Dean of Berkeley Law and the Jesse H. Choper Distinguished Professor of Law. He often writes for news organizations and the American Bar Association. He is the author of 22 books and the most knowledgeable person about the U.S. Supreme Court that I know.  This was the second time I had heard Dean Chemerinsky speak to the Barristers. Last time he predicted five things from the U.S. Supreme Court and all five of them came true. So I was very eager to hear his predictions this time. Dean Chemerinsky spoke about his deep concern about the Rule of Law in America and how close our Democracy is to collapse. He urged us to speak out and educate others about what is happening to our Democracy and to take action to prevent those who do not value it from destroying it. He also urged us to continue to protect the Judiciary from physical threats of harm and to help maintain its independence.Image of Erwin Chemerinksy | Office of the Chancellor

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This is my client, Jerrod Heath, who received the  GTLA 2025 Courageous Pursuit of Justice Award.  Out of the many deserving people who courageously pursue Justice on behalf of their loved ones here in Georgia, it was an honor of a lifetime for Jerrod (rightfully) to receive this award.  Here is a little bit more about this award:

GTLA COURAGEOUS PURSUIT OF JUSTICE AWARD (aka Nestlehutt Award)

GTLA presents this award to the client of a GTLA member during the Annual Convention each year. Our goal is to recognize a client whose pursuit of justice helped the greater good. It’s not about the size of the verdict, or even a victory. It’s about courage the client showed against great odds and powerful opponents.

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I was so proud to nominate my client, Jerrod Heath, for the GTLA 2025 Courageous Pursuit of Justice Award and so overjoyed when it was announced he had won! Out of the many deserving people who courageously pursue Justice on behalf of their loved ones here in Georgia, it was an honor of a lifetime for Jerrod (rightfully) to receive this award.  Here is a little bit more about this award:

GTLA COURAGEOUS PURSUIT OF JUSTICE AWARD (aka Nestlehutt Award)

GTLA presents this award to the client of a GTLA member during the Annual Convention each year. Our goal is to recognize a client whose pursuit of justice helped the greater good. It’s not about the size of the verdict, or even a victory. It’s about courage the client showed against great odds and powerful opponents.

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Last week, Judge Marc Treadwell, United States District Court Judge for the Middle District of Georgia, held several officers of the Georgia Department of Corrections in contempt of court for failing to correct numerous violations of the Federal and Constitutional rights of Georgia inmates who are housed in solitary confinement in Georgia Prisons.  In his 100 page Order, Judge Treadwell threatened them with fines and ordered an independent monitor to ensure compliance with a settlement agreement for the Special Management Unit of the Georgia Diagnostic and Classification Prison in Jackson, about 50 miles south of Atlanta.  In its Order, the Court found that prison officials  falsified documents and said they routinely placed new arrivals at the facility in “strip cells,” where one inmate said he was not given clothes or a mattress and could not use the toilet because it was broken and filled with human waste.

A psychology professor and prison expert, Craig Haney, Ph.D., J.D.,  told the court back in 2018 he had toured maximum security prisons in roughly two dozen states, and Georgia’s SMU unit was “one of the harshest and most draconian” he had seen.  His report, submitted to the court in 2018 by lawyers for prisoners — included images of prisoners with self-inflicted cuts, blood on the floor of one cell and the window of another, and descriptions of “extraordinarily harsh” living conditions. His conclusion: “The prisoners at this facility face a substantial risk of serious harm, harm that may be long-lasting and even fatal.”  Southern Center for Human Rights attorney Sarah Geraghty, who represented the prisoners, said in a news release back in 2018 when the initial agreement was reached“A civilized society doesn’t lock people in isolation cells for years on end,” she said. “It was past time to move out of the dark ages.”

These solitary confinement cells at the heart of this Contempt Order measure 7 feet X 13.5 feet, and contain a toilet and mattress. Inmates housed in these solitary confinement cells receive their meals through a slit in a solid door that has a small window at the top. You may think the photograph at the top of this blog post is of one of these solitary confinement cells that have been ruled to be inhumane. But you would be wrong. That’s because this photograph is of a shower stall in Smith State Prison in Glennville, Georgia, where my client was held for nearly three days and where, ultimately he hanged himself, resulting in his death. The shower stall measures only 3.75 feet X 6.75 feet, which makes the Georgia solitary confinement cells practically Ritz Carlton luxury in comparison. Also, as you can see, there was certainly no mattress in the shower stall, nor toilet where my client could relieve himself for three days. No ventilation, no heat, no cup of water. Just imagine.  Housing an inmate in a shower violates Georgia Department of Corrections’ Standard Operating Procedures. So does falsifying cell counts so it looks as if an inmate is in his cell when he is actually physically being illegally detained in a shower stall.  https://www.atlantainjurylawyerblog.com/files/2024/04/2024-03-07-13.58.03-300x200.jpg https://www.atlantainjurylawyerblog.com/files/2024/04/2024-03-07-13.58.49-200x300.jpg https://www.atlantainjurylawyerblog.com/files/2024/04/2024-03-07-13.58.10-300x200.jpg

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