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| Mental Health Suit Is Now Class-Action |
| By Associated Press |
| Published: 11/19/2001 |
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A federal judge has granted class-action status to a lawsuit that accuses the state of Arkansas of violating the rights of mentally ill inmates by delaying psychological examinations and treatment. The class-action status, granted recently by U.S. District Judge Stephen Reasoner, means that all county jail inmates ordered for state hospital treatment or evaluation will be included in the suit. Bettina Brownstein, who represents the American Civil Liberties Union in Arkansas, and fellow lawyer Paul James filed the suit in August on behalf of former Sebastian County jail inmate James M. Terry. They argued that Terry was held for months without getting treatment for a psychotic disorder. Terry was eventually moved to a state hospital. Brownstein and James say the delays in evaluation and treatment represent cruel and unusual punishment, a violation of the U.S. Constitution's Eighth Amendment. Jay Wills, an attorney for the state Human Services Department, said the state agrees there is a problem, but not one that amounts to cruel and unusual punishment. The trial is set to begin Dec. 10. |
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