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. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.