O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
(a) All aspects of food preparation and food service shall conform to the applicable standards of the Department of Public Health. (b) All inmates shall be given not less than two substantial and wholesome meals daily. (c) Sanitation inspections of both facilities and inmates shall be made as frequently as is necessary to ensure against the presence of unsanitary conditions. An official from the Department of Public Health or an officer designated by the commissioner of public health shall inspect the facilities at least once every three months. New inmates should be carefully classified, with adequate separation and treatment given as needed. (d) The officer in charge or his designated representative shall assure that each inmate is observed daily, and a physician shall be immediately called if there are indications of serious injury, wound, or illness. The instructions of the physician shall be strictly carried out. Ill inmates shall be furnished such food as is prescribed by the attending physician.
History
Ga. L. 1973, p. 890, § 3; Ga. L. 1977, p. 761, § 1; Ga. L. 1990, p. 135, § 2; Ga. L. 2009, p. 453, §§ 1-4, 1-6/HB 228; Ga. L. 2011, p. 705, §§ 6-3, 6-5/HB 214.
Annotations
Cross references. Authority of grand juries to inspect sanitary conditions in jails, § 15-12-78.
Liability of sheriffs for misconduct of jailers, § 15-16-24. Law reviews. For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).
JUDICIAL DECISIONS Violation of duties. - Court granted summary judgment to the United States in a suit alleging that conditions at a county jail violated the inmates’ federal due process rights. A sheriff and the mem-
bers of a county board of commissioners did not dispute that the conditions, including the presence of vermin and sewerage problems, in violation of O.C.G.A. § 42-4-32, were unconstitutional, and the
evidence showed that they had subjective knowledge of the conditions, including copies of the United States’ investigation reports, and acted with indifference that exceeded negligence. United States v. Terrell County, 457 F. Supp. 2d 1359, 2006 U.S. Dist. LEXIS 74650 (M.D. Ga. 2006). Sovereign immunity to deputy sheriff. - Deputy sheriff in the deputy’s official capacity was entitled to sovereign
immunity with respect to a former inmate’s claims arising from denial of a dietary request; the sheriff’s powers were derived from the state, and provision of food to county jail inmates was a state function. Lake v. Skelton, 840 F.3d 1334, 2016 U.S. App. LEXIS 19774 (11th Cir. 2016), cert. denied, 138 S. Ct. 1549, 200 L. Ed. 2d 741, 2018 U.S. LEXIS 2492 (2018).
Notes of Decisions
Michael Leslie Lake v. Michael Skelton, 840 F.3d 1334 (11th Cir. 2016).
· cites it 5× “It guarantees inmates “not less than two substantial and wholesome meals daily,” Ga. Code Ann. § 42-4-32 (b), and provides that “[a]ll aspects of food preparation and food service shall conform to the applicable standards of the Department of Public Health,” id.”
Palmer v. Correct Care Solutions, LLC, 291 F. Supp. 3d 1357 (M.D. Ga. 2017).
· cites it 6× “The same statute, O.C.G.A. § 42-4-32, sets forth some requirements regarding the provision of medical care.”
Micheal Leslie Lake v. Michael Skelton, 871 F.3d 1340 (11th Cir. 2017).
· cites it 8× “117 (“Skelton and Howell agree that Cobb County has a duty under O.C.G.A. §§ 42-4-32, 42-5-2 to provide food to prisoners—including Lake when he was confined in its jail.”
Manders v. Lee, 285 F.3d 983 (11th Cir. 2002).
“” O.C.G.A. § 42-4-32(c). The Georgia legislature has also empowered county sheriffs to act beyond the boundaries of their counties of election in certain circumstances.”
Keele v. Glynn Cnty., 938 F. Supp. 2d 1270 (S.D. Ga. 2013).
· cites it 2× “§§ 42-4-4, 42^-51, 42-5-2) and to observe detainees daily and ensure that a physician is “immediately called if there are indications of serious injury, wound, or illness” (O.C.G.A. § 42-4-32). Dkt. No. 1 ¶¶52-54. In Count 3, Plaintiff reasserts that Sheriff Bennett violated…”
Micheal Leslie Lake v. Michael Skelton (11th Cir. 2017).
· cites it 4× “117 (“Skelton and Howell agree that Cobb County has a duty under O.C.G.A. §§ 42-4-32, 42-5-2 to provide food to prisoners—including Lake when he was confined in its jail.”
Brooks v. Wilkinson Cnty. Georgia (M.D. Ga. 2019).
· cites it 4× “(citing Ga. Code Ann. §§ 42-4-32 ). Georgia has similar statutes guaranteeing inmates in jails minimum access to medical care.”
Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002).
“” O.C.G.A. § 42-4-32(a)-(c). The State prescribes that a jailer shall not be "guilty of willful inhumanity or oppression to any inmate under his care and custody.”
Jason Graham v. Wellstar Health Sys., Inc., 789 S.E.2d 369 (Ga. Ct. App. 2016).
“However, as noted by the trial court in its order on February 23, 2015, Graham never pleaded any application and violation of OCGA § 42-4-4 (a) (2) or § 42-4-32 (d) against WellStar in the third amended complaint.”
— 42-4-32(a) — 3 cases
Micheal Leslie Lake v. Michael Skelton, 871 F.3d 1340 (11th Cir. 2017).
“117 (“Skelton and Howell agree that Cobb County has a duty under O.C.G.A. §§ 42-4-32, 42-5-2 to provide food to prisoners—including Lake when he was confined in its jail.”
Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002).
“” O.C.G.A. § 42-4-32(a)-(c). The State prescribes that a jailer shall not be "guilty of willful inhumanity or oppression to any inmate under his care and custody.”
Micheal Leslie Lake v. Michael Skelton (11th Cir. 2017).
“117 (“Skelton and Howell agree that Cobb County has a duty under O.C.G.A. §§ 42-4-32, 42-5-2 to provide food to prisoners—including Lake when he was confined in its jail.”
— 42-4-32(b) — 2 cases
Micheal Leslie Lake v. Michael Skelton, 871 F.3d 1340 (11th Cir. 2017).
“117 (“Skelton and Howell agree that Cobb County has a duty under O.C.G.A. §§ 42-4-32, 42-5-2 to provide food to prisoners—including Lake when he was confined in its jail.”
Micheal Leslie Lake v. Michael Skelton (11th Cir. 2017).
“117 (“Skelton and Howell agree that Cobb County has a duty under O.C.G.A. §§ 42-4-32, 42-5-2 to provide food to prisoners—including Lake when he was confined in its jail.”
— 42-4-32(c) — 2 cases
Palmer v. Correct Care Solutions, LLC, 291 F. Supp. 3d 1357 (M.D. Ga. 2017).
“The same statute, O.C.G.A. § 42-4-32, sets forth some requirements regarding the provision of medical care.”
Manders v. Lee, 285 F.3d 983 (11th Cir. 2002).
“” O.C.G.A. § 42-4-32(c). The Georgia legislature has also empowered county sheriffs to act beyond the boundaries of their counties of election in certain circumstances.”
— 42-4-32(d) — 1 case
Palmer v. Correct Care Solutions, LLC, 291 F. Supp. 3d 1357 (M.D. Ga. 2017).
“The same statute, O.C.G.A. § 42-4-32, sets forth some requirements regarding the provision of medical care.”
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