ATLANTA — Suspended Clayton County Sheriff Victor Hill was in federal court Monday, arguing the indictments against him should be thrown out because he had no idea using a restraint chair was unconstitutional.
The Department of Justice has accused Victor Hill of violating the human rights of several inmates by placing them in a restraint chair for hours at the jail.
Hill's attorneys told a judge he wasn't given a fair warning that what he was doing was wrong. They argued there's a clear difference between forcing a prisoner to stand with their arms over their head to being restrained in a chair – where the prisoner is sitting– they just can't move.
Hill's attorneys told the judge that using the restraint chair is no different than transporting a prisoner in shackles or keeping them handcuffed while they wait for a court date. They argued law enforcement all over the county use the same equipment.
"Inmates are brought in and out of court in handcuffs and shackles, waiting for court dates, in shackles, but no one else is being prosecuted because he's not Victor Hill," attorney Drew Findling said.
The defense told the judge restraint chairs are used in all 50 states across the country and the only reason they were in court is that they believe Hill is being targeted.
"The constitution prevents anyone from being prosecuted for things that are not clearly criminal. The point we were trying to make was that never in the history of this country has the Department of Justice prosecuted anyone for conduct even remotely similar. If his name wasn’t Victor Hill, we never would have been in court today, they never would have prosecuted this," Hill's attorney Lynsey Barron said.
The state strongly disagreed, telling the judge the victims were not resisting and it was unconstitutional for the men to be restrained for hours for no punitive reason. Attorneys for the DOJ told the judge the restraint chair is closer to a four-point restraint, like when someone is tied down to a hospital bed, and that Hill's actions are a clear violation of the constitution. Attorneys for the DOJ declined to comment on the ongoing case.
"We can all sit around and debate about whether we think Victor Hill crossed a line, but unless it is clear that what he did under the constitution is criminal, just because it stinks doesn't mean it violates the constitution," Barron said.
After Hill was indicted, Gov. Brian Kemp suspended him from office. He continues to ask the governor to reinstate him as he awaits trial.
The judge did not issue a ruling Monday. Attorneys for both sides said they expect a ruling to come down in the next 30 days.