Federal Judge Recommends Limited Progress in Mental Health Services Lawsuit
A federal magistrate judge has recommended denying an injunction in a high-profile lawsuit alleging that the North Carolina Department of Health and Human Services (DHHS) is failing to provide timely mental health services to inmates in county jails. Disability Rights North Carolina (DRNC) filed the lawsuit in April 2024, claiming that DHHS has not delivered adequate capacity assessments or restoration services for inmates whose mental health disabilities prevent them from standing trial.
U.S. Magistrate Judge Joe Webster’s 58-page opinion, released Thursday, acknowledges the seriousness of the claims but suggests that the lawsuit should proceed only on certain constitutional grounds. He argued that DRNC has presented a plausible substantive due process claim, asserting that detainees are being held in prolonged confinement while awaiting necessary mental health evaluations and treatments.
According to DRNC, individuals designated as incompetent to proceed (ITP detainees) often face extensive waits—averaging two months for assessments and nearly five months for treatment in state facilities—far exceeding reasonable timeframes. Comparatively, Virginia offers capacity assessments in just seven days. The lawsuit contends that such delays inflict unconstitutional pain and suffering, as many detainees spend longer in jail awaiting assessments than they would if convicted.
Webster recommended dismissing parts of the complaint related to the Americans with Disabilities Act and the Rehabilitation Act but will allow claims regarding violations of due process to move forward. The parties involved must respond to his recommendations by June 26, after which a U.S. District Judge will make the final determination.
This lawsuit highlights a pressing statewide crisis, as North Carolina’s mental health treatment capacity has significantly dwindled, exacerbating the challenges faced by vulnerable populations in the criminal justice system.
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