In a landmark lawsuit, North Carolina Disability Rights has filed a legal challenge against the state’s Department of Health and Human Services, alleging that extended delays in providing mental health care to incarcerated individuals violate their civil rights. The lawsuit was prompted by the case of Devonte Watson, who was found to lack mental capacity to participate in his defense after being sentenced for assaulting a law enforcement officer in 2022. Despite state law requiring him to receive care, Watson spent over six months in jail before being admitted to a psychiatric hospital.
The complaint by North Carolina Disability Rights contends that prolonged waits for mental health care are a violation of the civil rights of individuals with mental illnesses. It also alleges that these delays breach the Americans with Disabilities Act and the Rehabilitation Act. Watson’s case was highlighted in a WFAE series called “Fractured,” which shed light on the issue of lengthy wait times for mental health care in correctional facilities.
The lawsuit points to a shortage of available beds for individuals with mental disabilities as a contributing factor to the delays. Since 2022, defendants have been waiting an average of nearly five months to be placed in any of North Carolina’s three psychiatric hospitals. The Department of Health and Human Services acknowledges that the current wait time for a bed is 159 days, just over five months, and is taking steps to address the issue by establishing in-jail restoration units in Mecklenburg and Wake counties.
The American Civil Liberties Union (ACLU) has joined the lawsuit, urging federal court to compel the state to develop a plan to reduce wait times for mental health care. By bringing attention to these challenges, advocates hope to improve access to timely and appropriate mental health services for incarcerated individuals in North Carolina.
In conclusion, this legal challenge highlights the need for improved access to mental health care for incarcerated individuals in North Carolina. The ACLU and other advocates will continue their efforts until everyone is given equal access to quality healthcare services regardless of their circumstances.