Judge blames prison system in cell death


The Atlanta Journal-Constitution
Published on: 04/04/08

A federal judge has imposed extraordinary harsh sanctions in a wrongful-death case involving a state prison inmate after finding state prison officials repeatedly violated court orders.

U.S. District Court Judge W. Louis Sands of Albany found prison officials in contempt of court in a lawsuit by Johnnie Kitchen, the mother of Damon Lee. Sands said he will take the highly unusual step of telling the jury at trial that prison officials "deliberately violated and were in conscious disregard" of Lee's rights to be protected while incarcerated.

Courtland Reichman, one of Kitchen's lawyers, praised Sands' ruling.

"The judge's ruling in this case makes it more likely the state and its officers will ... be held accountable for what's going on in Georgia's prisons," said Reichman, whose Atlanta law firm, King & Spalding, is representing Kitchens for free. "Without accountability, it's a license to kill in our prisons."

Lee was beaten to death by his cell mate, Leon Murphy, on Feb. 7, 2002, in Autry State Prison in Pelham, which had recent inmate-on-inmate violence. Murphy, who had a history of violence, was placed with Lee, who had a history of serious mental illness, court records say.

A guard was supposed to keep watch on Lee's floor, but was hanging out in the control room at the time of the killing and faked his required 30-minute cell checks, according to court records.

In his order, Sands expressed frustration that prison officials have been unable or unwilling to identify the prison officials responsible for placing Murphy in Lee's cell and to provide documentation explaining the move. Prison officials "cannot or refuse to produce key information that they are charged by law and standard operating procedure of maintaining in the course of securing, caring for and protecting Georgia inmates," Sands said.

Sands also noted that even though Kitchen filed suit against warden Carl Humphrey and other prison officials, the state of Georgia must pay damages if a jury finds prison officials liable for Lee's death.

Sands said he will tell the jury at trial that Humphrey bore the ultimate responsibility for training and staffing and was in charge of the inmates' security. Because of Humphrey's unconstitutional policies, procedures and customs, including his failure to properly train, monitor and supervise, Lee was moved into his cell "with the full knowledge of the risk involved and in deliberate disregard for said risks," Sands said he will tell the jury.

A trial date has yet to be scheduled.

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