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.
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.
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.
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.
A two-day outdoor art and crafts show celebrating its 38th year. Being held on September 5 & 6, 2014, Click for details
Back to School Tattoo Specials
Magnum Ink is offering 1/2 off all tattoos for students over 18 as well as 2 for $60 on letters or numbers for state employees. 1405 Rushmore Road, Suite B, right off of Broad River.
Limited Seating—Reserve Now!
VIP Tables available for David Nail on August 22 at Jillian’s. Call to reserve: (803) 799-1688. More tickets available online.
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U.S. Security Associates
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Company seeking carpenters, plumbers, masons work is year around with a 40 year old company. Starting pay is $10.00 but experienced individuals will be compensated accordingly. Must have a clean driving record and must bring a copy of your driving record to the interview. Please call 803-865-1200.
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Real Estate Spotlight
Mungo Homes. Celebrating 60 years of our family building for your family. mungo.com