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Mentally ill prisoners suit dismissal denied

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A federal judge has denied the Indiana Department of Correction's motion to dismiss a suit brought last year that challenges the DOC's practices and programs regarding mentally ill patients.

U.S. District Judge David F. Hamilton denied the DOC's motion July 21 in Indiana Protection and Advocacy Services v. Commissioner, Indiana Department of Correction, No. 1:08-CV-1317, which was filed in the Southern District of Indiana, Indianapolis Division, in October 2008.

The suit brought by the Indiana Protection and Advocacy Services and filed by the American Civil Liberties Union of Indiana alleges violations of the Eighth Amendment, the American with Disabilities Act, and the Rehabilitation Act. IPAS claims that prisoners at the Indiana State Prison in Michigan City have infrequent contact with mental health professionals; prisoners at the New Castle Correctional Facility are held in cells with solid doors that require them to yell discussions with mental health professionals; and that mentally ill prisoners at the Wabash Valley Correctional Facility are often violently removed from their cells.

The suit requests a preliminary injunction that can eventually be made permanent and all plaintiff costs and attorney fees.

The DOC moved to dismiss the suit under Rule 12(b)(1), arguing IPAS lacks standing to sue on behalf of unidentified individuals and the District Court lacks jurisdiction over an alleged "intramural" dispute between state agencies.

"In fact, this case presents the unusual drama of a state challenging the constitutionality of federal statutes under which the state receives federal funds," wrote Judge Hamilton. "IDOC is challenging whether the federal statutory grant of standing to IPAS - a key condition of federal funding in Indiana - violates Article III of the United States Constitution."

The judge ruled it didn't because IPAS satisfied the constitutional criteria under the Hunt test. The agency also isn't required to identify any specific individuals whose rights actually have been violated. The DOC didn't show in any provision in the Protection and Advocacy of Mentally Ill Individuals Act (PAIMI) or the Indiana statutes creating IPAS that could reasonably be read to require it name specific individuals in bringing a suit to redress violations of the rights of individuals with mental illness.

Judge Hamilton also rejected the DOC's argument that the case must be dismissed because it's an "intramural" dispute between two state agencies. IPAS isn't a traditional state agency; it's independent of the governor and is funded by the federal government under PAIMI.

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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