Erie County Seeks Dismissal of Jails Lawsuit BUFFALO (wned) - The Department of Justice sued three weeks ago alleging numerous constitutional violations of inmate rights. Now, County Attorney Cheryl Green has filed a motion to dismiss the lawsuit.

In filing the suit, Acting Assistant Attorney General for the DOJ's Civil Rights Division Loretta King said jails must provide for the basic medical and mental health needs of inmates and keep them safe from attacks by other inmates and excessive force by staff.

Green says prosecutors do not have actual facts; they only have hearsay.

"Given the fact that there is actually no legal foundation to support these allegations against the County of Erie, they do not have the ability to commence a lawsuit," said Green

"Under the Civil Rights of Institutionalized Persons Act, the federal government does not have the ability to regulate the standard in local jails," Green told WNED News.

County Executive Chris Collins says the motion to dismiss highlights the weaknesses in the DOJ's case. Collins says Erie County continues to provide consitutionally adequate conditions at the downtown Holding Center and the Correctional Facility in Alden.


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