A judge issued a ruling Wednesday against the S.C. Department of Corrections in a class action lawsuit filed on behalf of the state’s 3,500 seriously mentally ill inmates, finding that the agency’s treatment of those prisoners had violated “the cruel and unusual punishment” clause of the state constitution.
Calling it “far above all others the most troubling” case he’d seen in 14 years of presiding over the 5th Circuit Court, Judge Michael Baxley found the Department of Corrections’ mental health program “inherently flawed and systemically deficient in all major areas” and noted that a lack of basic mental health care had led to death in some cases.
National experts and more than 10 inmates testified in the five-week trial, detailing harsh treatment that included long periods in restraints, excessive use of pepper spray and long-term solitary confinement.
Though damning, Baxley’s ruling found the department’s failings to be not “by design but instead by default,” attributable mostly to insufficient funding, and ordered it to submit a plan to correct its constitutional violations within six months.
The areas Baxley ordered addressed included developing screening and mental health treatment programs, hiring an adequate number of qualified mental health professionals, maintaining treatment records, administering psychotropic medication with appropriate supervision and evaluations, and a suicide prevention program.
The lawsuit — initiated by Protection & Advocacy for People with Disabilities, Inc. — did not seek financial damages but asked the court to compel the Department of Corrections to provide adequate mental health care for its wards.
“We are greatly pleased with the outcome and call on the Department of Corrections and the Legislature to take steps immediately toward meaningful reform," said Gloria Prevost, P&A’s executive director. “As the judge pointed out, the evidence is overwhelming that the Department of Corrections has known for over a decade that its system exposes seriously mentally ill inmates to a substantial risk of serious harm. Inmates with serious mental health illnesses are dying needlessly and treated inhumanely.”
Joy Jay, executive director of Mental Health of America for South Carolina who served as guardian for the prisoners who offered testimony, said, “This ruling reinforces the evidence that the S.C. Department of Corrections is in crisis and has been in crisis for more than a decade as several studies have shown. People are dying needlessly in our prisons because of poor treatment. The public should also view this as a public safety issue in that inmates with serious mental health issues who receive no or very abusive treatment will return to their communities worse than when they went in.”
Lawyers for the Department of Corrections did not contest the charges against the agency but instead argued for the case to be dismissed on numerous legal grounds, including the claim that it should not be held liable when its funding is controlled by the General Assembly.
The Department of Corrections issued a statement late Wednesday saying that it intends to appeal Baxley's ruling.
Accepting Applications for Shakespeare’s Kidz!
Students ages 10-16 are invited to join South Carolina Shakespeare’s new youth company, with classes running September 20th-December 11th followed by a final performance. Contact Katie Mixon with questions about scholarships and applications: PKatieMixon@gmail.com.
Delicious Downtown Breakfast
Tony’s is open for breakfast every day from 7:30-10:30! Conveniently located on Washington St. right off Main. Stop in for something filling and delicious before work! Follow us for updates on specials.
Brew Pub Site Available
3520 Augusta Road, West Columbia. Click for more information.
Make Your Own Beer and Wine!
Come get started on your “liquid hobby” and help us celebrate our 46th year in the Columbia area. Bet Mar Liquid Hobby Shop: 736 St. Andrews Road.
Happy Hour and Sushi Specials All Week
Red Bowl in Lexington now has great early bird and late night sushi specials 7 days a week, as well as 99-cent kids meals on Saturdays! Click here for special information and hours.
SEARCH FREE TIMES
Pool Cleaning Full & P/T avail. Must have a clean driving record, organized and have a professional appearance. Starting Pay is $10.00/hr. Please bring a copy of your driving record and a list of all past employers with duration of employment listed as well as telephone numbers for references. Please call for an interview. 803-865-1200
Free Times is looking for a highly organized, detail-oriented self-starter to assist in gathering material from advertisers, coordinating between the sales and production departments, and handling routine clerical tasks. Must be proficient on a Mac, able to conduct business via phone, email, text, Dropbox, social media platforms and face to face while under deadline in a fast-paced, sometimes distracting work environment. The position requires the ability to multitask, excellent oral and written communication skills, and solid experience in quickly learning new computer programs. This is a full time position with benefits. Send a cover letter, resume and salary expectation to firstname.lastname@example.org.
Wing Zone is now hiring for experienced delivery drivers, cooks & cashiers. Apply in person @ 132 Assembly St. or call 803-933-9464.
U.S. Security Associates
Now hiring immediately for armed and unarmed security officers. WE TRAIN YOU! Columbia & surrounding areas. ussecurityassociates.com
Real Estate Spotlight
Single Family Home for rent 3359 Makeway Dr. 3BR/1.5BA. Hardwood floors, garage, central heat/AC, fenced yard, all appl. newly renovated. Call 803-960-1058. $1095/mo.
Mungo Homes. Celebrating 60 years of our family building for your family. mungo.com