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| SC Corrections Dept. appeals judge's ruling on mentally ill |
| By thestate.com - Tim Smith |
| Published: 01/22/2014 |
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COLUMBIA, SC — The state prison system is asking a circuit judge who ruled that the treatment of mentally ill inmates violates constitutional standards to amend his order and address various defense arguments that lawyers for the state contend weren’t properly addressed in the order. Lawyers for the state Department of Corrections argue in a motion filed Tuesday that Judge Michael Baxley’s Jan. 8 order in the case didn’t address a number of defense arguments, including the failure of the plaintiffs to prove legal standing, that the plaintiff’s case “gives rise to a non-justiciable political question beyond the control of the S.C. Department of Corrections,” and the application of the separation of powers doctrine. William Davidson, Andrew Lindemann, Kenneth Woodington and Daniel Plyler , lawyers representing the prison system, also argue that the judge in his order incorrectly viewed the evidenced based on a “minimally adequate” standard even though the plaintiffs had dismissed their minimally adequate claim and that the order “is without specific legal support, as shown by the fact that it contains no discussion at all of the specific facts of any decided case, state or federal, that would serve as a comparison with the specific facts of the present case.” The order erroneously relies exclusively on either the opinions of plaintiff experts or the American Corrections Association Standards, the lawyers for the prison system argue. Even if the plaintiffs presented evidence of constitutional violations, the state argues, the remedies ordered by Baxley “are far in excess of what might be necessary to remedy any alleged violations.” Read More. |
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