Parents of man stabbed to death inside Fulton Jail sues sheriff and county
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The Fulton County Jail. Photo: Megan Varner/Getty Images
The family of a man who was stabbed to death last year in the Fulton County Jail has filed a federal lawsuit alleging negligent management of the Rice Street lockup led to his killing.
The big picture: The complaint filed Friday by Donna and Terry Fortner, the parents of Leonard Fortner, is the latest ding against the long-troubled jail, which is under federal oversight for the second time in the last 20 years.
- Fortner, 37, was stabbed several times on April 4, 2024, by 36-year-old Edward Cherry, another detainee who was housed in the same zone, the Fulton County Sheriff's Office previously said.
Zoom in: The complaint accuses the defendants, listed as Sheriff Pat Labat, Fulton County Chairman Robb Pitts and the Board of Commissioners, of violating Fortner's constitutional rights by failing to keep the jail safe.
- It also alleges Cherry used the jail's "crumbling walls" to create a makeshift weapon he used to fatally stab Fortner 20 times.
What they're saying: CK Hoffler, who is representing Fortner's family, told Axios the well-documented problems at the Fulton County Jail made Fortner's death "foreseeable."
- "It was foreseeable that any inmate in that circumstance coming into that facility would be facing the probability of not making it out of that facility alive," she said.
The other side: Both Fulton County and the Sheriff's Office told Axios they do not comment on pending litigation.
Catch up quick: In early 2025, the county entered into a federal consent decree after an investigation by the Department of Justice found the jail's dangerous, unsanitary and deadly conditions violated detainees' constitutional rights.
- As part of the consent decree, the county and the Sheriff's Office are required to implement changes and improvements to safety, cleanliness, staffing and medical and mental care for detainees.
- An independent monitor will review the jail's progress and provide updates every six months.
- Two inmates have died at the jail since the consent decree took effect, according to a FCSO spokesperson.
Context: Since entering office, Labat has lobbied the county to construct a new jail, which was estimated to cost $1.7 billion.
- Instead of building a new facility, county commissioners have approved projects designed to improve lighting and plumbing and add new paint throughout the current jail, which has been in use since the 1980s.
What's next: No hearings have been scheduled in the Fortner case.