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Federal judge intervenes in Mississippi mental health system

MGN Online

Judge Carlton Reeves said he wants to appoint an outsider to oversee changes to Mississippi's mental health system.

Posted: Sep 4, 2019 10:55 AM
Updated: Sep 4, 2019 3:12 PM

JACKSON, Miss. (AP) — A federal judge will appoint an expert to oversee changes to Mississippi's mental health system, saying that attorneys for the federal government have proved the state is doing too little to serve people outside the confinement of mental hospitals.

"The United States has met its burden and shown that despite the state's episodic improvement, it operates a system that unlawfully discriminates against persons with serious mental illness," U.S. District Judge Carlton Reeves wrote late Tuesday in a ruling on a federal lawsuit.


U.S. District Court Judge Carlton Reeves | Photo: Megan Bean / Mississippi State University

Reeves wrote that he's "keenly aware of the judiciary's limitations" in cases like this. He ordered the state and federal government to each suggest three possible names to act as a special master, along with a proposal for that person's role.

Until Reeves decides on the special master's role, the depth of federal intervention into the mental health system won't be clear.

It's also unclear if the state will appeal the ruling, but lawyers appeared to be laying the grounds for an appeal during a monthlong trial this summer.

Mississippi Attorney General Jim Hood's office defended the state in the lawsuit. On Wednesday, Hood said Mississippi's mental health agency does what it can with a limited budget, and he sharply criticized lawmakers for not putting millions more dollars into community-based services. He said that starting in 2013, he sent several letters to top lawmakers, including Lt. Gov. Tate Reeves, telling them the state was at risk of being sued over mental health care. Hood said his office had collected tens of millions of dollars in settlements from unrelated lawsuits, and legislators ignored his suggestion that they use that money to improve mental health care.

"They buried their heads in the sand. That's what Tate Reeves has done," said Hood, who is the Democratic nominee for governor and will face Tate Reeves — the Republican nominee and no relation to Carlton Reeves — in the Nov. 5 election.

Hood said he did not yet have a suggestion who should serve as special master or what that person should do.

"It's just another situation where we have to fix a problem that the federal court has ordered us to do," Hood said. "Many of us don't like a federal court telling us what to do. I don't like it. We ought to fix our own problems before a federal court has to step in."

The U.S. Justice Department argued that Mississippi's movement toward community services was far too slow, forcing hundreds or thousands of people into avoidable hospital stays. Judge Reeves found that Mississippi is violating the Americans with Disabilities Act, as well as a 1999 U.S. Supreme Court decision that said "unjustified" mental hospital confinement is illegal.

The judge rejected Mississippi's arguments that it was progressing on its own and that a judge couldn't find it in violation. He wrote that the law and court decisions "protect persons trapped in a snail's-pace deinstitutionalization."

"The United States' experts provided dozens of examples of individuals who were unnecessarily hospitalized or hospitalized too long because they were excluded from community-based services," the judge wrote.

The federal government catalogued a litany of alleged transgressions during the trial, including mentally ill people held in jails because crisis teams don't respond; people forced to live far from their family because services aren't available in their hometowns; and people who make repeat trips to state mental hospitals because there's no effective planning for them to transition to community services and the most intensive kinds of services aren't made available.

The federal judge said that even in some cases where community-bases services are supposed to be available, that availability is illusory. He cited the case of Adams County, whose sheriff testified that the regional community mental health center doesn't respond to his calls.

"Geographic availability does not always translate into true accessibility," Judge Reeves wrote.

Joy Hogge, director of mental health advocacy group Families As Allies, said it's been clear since 2011, when Mississippi was cited by the federal government, that it was violating the law.

"I hope this will be an opportunity for our state to look at how the system should be structured ... so that all of the parts work together and so that we don't have the gaps that lead to the problems that were referenced in the ruling," Hogge said Wednesday.

Editor's Note: The Associated Press updated this article at 2:49 p.m. with information from Jim Hood. 

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 319948

Reported Deaths: 7371
CountyCasesDeaths
DeSoto22285267
Hinds20719421
Harrison18431317
Rankin13901282
Jackson13718248
Madison10263224
Lee10059176
Jones8467167
Forrest7832153
Lauderdale7261242
Lowndes6517150
Lamar635188
Lafayette6313121
Washington5425137
Bolivar4841133
Panola4670110
Oktibbeha466198
Pearl River4605147
Marshall4574105
Warren4440121
Pontotoc425873
Monroe4157135
Union415777
Neshoba4063179
Lincoln4008112
Hancock386987
Leflore3515125
Tate342486
Sunflower339491
Pike3371111
Alcorn327272
Scott320374
Yazoo314171
Adams308086
Itawamba305178
Copiah299966
Coahoma298784
Simpson298589
Tippah291968
Prentiss284161
Leake272074
Marion271280
Covington267283
Wayne264642
Grenada264087
George252251
Newton248663
Tishomingo231868
Winston230181
Jasper222148
Attala215073
Chickasaw210559
Holmes190474
Stone188433
Clay187954
Tallahatchie180041
Clarke178980
Calhoun174132
Yalobusha167840
Smith164134
Walthall135347
Greene131834
Lawrence131124
Montgomery128643
Noxubee128034
Perry127238
Amite126242
Carroll122330
Webster115032
Jefferson Davis108234
Tunica108127
Claiborne103130
Benton102325
Humphreys97533
Kemper96629
Franklin85023
Quitman82216
Choctaw79118
Wilkinson69632
Jefferson66228
Sharkey50917
Issaquena1696
Unassigned00

Alabama Coronavirus Cases

Cases: 548657

Reported Deaths: 11306
CountyCasesDeaths
Jefferson810031566
Mobile42105831
Madison35690525
Tuscaloosa26173458
Shelby25607254
Montgomery25081614
Baldwin21868314
Lee16278176
Calhoun14719327
Morgan14629285
Etowah14175364
Marshall12453230
Houston10781287
Elmore10293214
Limestone10179157
St. Clair10162251
Cullman9952201
Lauderdale9603250
DeKalb8972190
Talladega8460184
Walker7338280
Autauga7241113
Blount6945139
Jackson6932113
Colbert6413140
Coffee5635127
Dale4928116
Russell454841
Chilton4476116
Franklin431382
Covington4275122
Tallapoosa4138155
Escambia401680
Chambers3728124
Dallas3607158
Clarke353061
Marion3240107
Pike314378
Lawrence3133100
Winston283472
Bibb268564
Geneva257981
Marengo250565
Pickens236962
Barbour234559
Hale227278
Butler224271
Fayette218862
Henry194543
Randolph187544
Cherokee187345
Monroe180041
Washington170539
Macon163051
Clay160059
Crenshaw155957
Cleburne153444
Lamar146837
Lowndes142254
Wilcox126930
Bullock124342
Conecuh113630
Coosa111729
Perry108626
Sumter105732
Greene93634
Choctaw62125
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