There have been several developments in lawsuits related to mental health this past week.
Mississippi Replies to Court Regarding CMHC Contact
In the federal lawsuit about Mississippi’s mental health system, the State of Mississippi filed its response to the United States’ request for clarification about whether state attorneys must be present if U.S. Justice Department attorneys meet with the staff of community mental health centers (CMHCs) to discuss implementing the services the lawsuit demands. The U.S. attorneys cannot communicate with representatives of the state without the state’s attorneys present. At issue is whether the CMHCs are representatives of the state.
In its memorandum explaining its response, the state argues that “although the CMHCs are not parties to this action, Plaintiff has consistently taken the position that the State is responsible under Title II for the performance of the CMHCs because the CMHCs are instrumentalities of the State in delivering community-based services” and “Because the Court held the State responsible for the performance of the CMHCs in its Opinion and Order and has expressly included the CMHCs in its Remedial Order, ‘this suit implicates the State of Mississippi’ through the CMHCs.”
The state goes on to argue that the United States “rejected the State’s efforts to resolve this dispute without court intervention.” It then describes proposals the state made to allow the CMHCs to speak with the U.S. attorneys that the U.S. allegedly rejected:
- Joint meeting with state and U.S. attorneys present.
- Advance notice to the state attorneys of meetings.
- A requirement that the U.S. notify CMHCs that the state had not been made aware of meetings before meeting with them.
First Monitor Report in United States v. Mississippi
In other news, the court has scheduled a virtual status conference to review Dr. Michael Hogan’s first monitoring report on April 4, 2022, at 1:30 p.m. The court will provide a link for the public to listen a day or two before the conference. We will put the link on our events page when it is published.
DRMS Suit Against DMH
Last fall, Disability Rights Mississippi sued the Mississippi Department of Mental Health (DMH) to get patient incident reports from DMH-run facilities. Disability Rights Mississippi is the state’s federally mandated protection and advocacy agency for people with mental illness, developmental disabilities and other types of disabilities.
On January 14, 2022, Judge Carlton Reeves, the presiding judge in the case, invited the United States Department of Justice to provide “its understanding of the statute and regulations at issue in this case.” The Justice Department filed its statement of interest on March 14. The Justice Department agrees with the stance of DRMS, stating, “The United States urges the Court to grant Plaintiff Disability Rights Mississippi’s (DRMS) Motion for Preliminary Injunction, ECF No. 7, deny Defendant Mississippi Department of Mental Health’s (DMH) Motion for Summary Judgment, ECF No. 15, and order DMH to provide DRMS access to the requested incident reports from DMH facilities.”
DRMS filed a new lawsuit against the DMH on March 14. It asserts that the DMH has withheld records related to investigations of alleged abuse of people with developmental disabilities and mental illness and demands that the DMH provide these records. DMH will now have the opportunity to respond to DRMS’s complaint.
Contact information for the parties in the United States v. Mississippi case:
State of Mississippi:
Douglas T. Miracle-State Government
MISSISSIPPI ATTORNEY GENERAL’S OFFICE
601.359.5654
Fax: 601.359.2003
Email: doug.miracle@ago.ms.gov
James W Shelson
PHELPS DUNBAR, LLP – Jackson
601.360.9724
Fax: 601.360.9777
Email: jim.shelson@phelps.com
United States:
VIVIANA BONILLA LÓPEZ
Trial Attorney Special Litigation Section
Civil Rights Division U.S. Department of Justice
Telephone: (202) 598-5542
Email: Viviana.Bonilla-Lopez@usdoj.gov
Patrick Holkins
Trial Attorney Special Litigation Section
Civil Rights Division U.S. Department of Justice
202-598-3076
Email: Patrick.Holkins@usdoj.gov
Contact information for the attorneys in the Disability Rights MS v. Mississippi Department of Mental Health case:
Disability Rights:
Greta K Martin
DISABILITY RIGHTS MISSISSIPPI
5 Old River Place, Suite 101
Jackson, MS 39202
601-968-0600
Fax: 601-968-0665
Email: gmartin@drms.ms
Department of Mental Health:
Jackie R. Bost-State Gov, II
MISSISSIPPI ATTORNEY GENERAL’S OFFICE
Public Integrity Division
P. O. Box 220
Jackson, MS 39205
601-359-3680
Email: jbost@ago.ms.gov
AMICUS (United States):
Shayna Stern-Federal Gov
U. S. DEPARTMENT OF JUSTICE – Crt
150 M Street NE
Washington, DC 20002
202-598-0485
Email: shayna.stern2@usdoj.gov
