The US Department of Justice sued the state this week over conditions at Taycheedah Correctional Institution, but agreed to put off pursuing the litigation if the state complies with a “memorandum of agreement” outlining new measures to ensure adequate medical care for inmates.
The feds allege in their lawsuit, filed in federal court, that the state “exhibited deliberate indifference to the health and safety of TCI inmates,” in violation of their constitutional rights.
The memorandum of agreement that could settle the case says the state “the State does not admit any violations of the constitutional rights of inmates confined at Taycheedah nor does it admit any violation of state or federal law.”
If the state does not meet a long list of requirements within three years and 9 months, the federal Justice Department can reinstate the complaint, under the proposed agreement.
Under the agreement, the state agrees to, among other things:
- provide services to address the serious mental health needs of all inmates;
- retain sufficient psychiatrists to enable Taycheedah to address the mental health needs of all inmates with a serious mental illness;
- develop and implement policies, procedures, and practices to ensure that psychotropic medications are prescribed, distributed, and monitored properly and safely;
- conduct initial and periodic training for all security staff on how to recognize symptoms of serious mental illness and respond appropriately;
- develop and implement policies, procedures, and practices to ensure that all inmates receive adequate initial mental health screening by appropriately trained staff, including nursing staff, within 24 hours after intake;
- ensure an array of crisis services to manage the psychiatric emergencies that occur among Taycheedah inmates;
- ensure therapy, counseling, and other mental health programs for all inmates with a serious mental illness; and
- ensure that disciplinary charges against inmates with a serious mental illness are reviewed by a qualified mental health professional (a) to determine the extent to which the charge is related to a serious mental illness; (b) to ensure that inmates who commit infractions resulting from a serious mental illness are not punished for behavior caused by the serious mental illness; and (c) to ensure that an inmate’s serious mental illness is used as a mitigating factor, as appropriate, when punishment is imposed on inmates with a serious mental illness.
The poor medical care provided to inmates at Taycheedah was first exposed in 2000 by Mary Zahn, then a Journal Sentinel reporter.
Sometimes, justice moves slowly.