When DeMontae Ware was killed by his cellmate in the Fulton County jail, he wasn’t even supposed to be in custody.

The 26-year-old had been arrested on the Georgia Tech campus a year earlier, in September 2013. He had been charged with criminal trespass and public indecency, but after he finished a mental health diversion program, the charges were dropped.

Three months later, though, he still hadn’t been released. And when an inmate who had threatened the life of his previous cellmate moved in with him, it was only a matter of hours before Ware was killed.

Earlier this month, his mother filed suit in Fulton County, claiming her son’s death should have been prevented.

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