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Judge: DOC treatment of mentally ill unconstitutional

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A lack of basic treatment for mentally ill Indiana Department of Correction inmates held in isolation violates the U.S. Constitution’s Eighth Amendment prohibition of cruel and unusual punishment, a federal judge ruled Monday.

The American Civil Liberties Union of Indiana discussed the ruling at a news conference on Wednesday. Legal Director Ken Falk said that while those with mental illness held in isolation accounted for only about six percent of the DOC population, inmates so confined represented about half the suicides at DOC in the past five years.

Falk said inmates held in isolated cells for 23 hours a day – sometimes longer – created “toxic” conditions in which the underlying symptoms of mental illness including depression and hallucinations were greatly increased.

“These people are going to be released,” Falk said. “The question you have to ask yourself as a Hoosier is, do you want someone released who is acutely psychotic.”

Judge Tanya Walton Pratt of the District Court for the Southern District of Indiana concluded that, in accord with Brown v. Plata, 131 S. Ct. 1910, 1928 (2011), “[a] prison that deprives prisoners of . . . adequate medical care . . . is incompatible with the concept of human dignity.”

“Mentally ill prisoners within the IDOC segregation units are not receiving minimally adequate mental health care in terms of scope, intensity, and duration and the IDOC has been deliberately indifferent,” Pratt wrote. “Based on the facts and law set forth in this Entry, therefore, it is the Court’s conclusion that the treatment of mentally ill prisoners housed in IDOC segregation units and the New Castle Psychiatric Unit, and the failure to provide adequate treatment for such prisoners, violates the Eighth Amendment’s proscription against the imposition of cruel and unusual punishment. The Plaintiffs have met their burden in that respect and are entitled to prevail.”

Pratt ordered a conference within 45 days “for the parties to discuss and establish the appropriate development of a remedy.”

There was no immediate indication whether DOC will appeal. “The Indiana Attorney General’s Office represents the Department of Correction and also works on behalf of crime victims and law enforcement to ensure the public is protected from dangerous offenders,” spokesman Bryan Corbin said in a statement. “As the state’s lawyer, we will review this opinion with our client DOC and decide at the appropriate time the next steps.”

More than 1,600 segregation beds are spread among 14 correctional facilities around the state, including the psychiatric unit at New Castle. According to the ACLU of Indiana, about 450 mentally ill prisoners are being held in isolation, but the ruling will affect hundreds, if not thousands, of inmates across the state.
 
The case is Indiana Protection and Advocacy Services Commission on behalf of its clients and constituents v. Commissioner, Indiana Department of Correction, 1:08-CV-01317.

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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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