North Carolina’s Department of Health and Human Services is facing a lawsuit from disability rights advocates for allegedly violating the civil rights of incarcerated individuals with mental illnesses. The suit was filed in federal court by the North Carolina Disability Rights organization, which argues that extended delays in receiving mental health care are a violation of the Americans with Disabilities Act and the Rehabilitation Act.
The case of Devonte Watson, who was found to lack the mental capacity to participate in his defense after being incarcerated for assaulting a law enforcement officer in 2022, prompted the lawsuit. Despite state law mandating that he receive care in order to proceed with his case, Watson spent 600 days in a Cleveland County jail before being admitted to a state psychiatric hospital.
The complaint by North Carolina Disability Rights highlights how these prolonged waits for mental health care are a violation of the civil rights of individuals with mental illnesses. They argue that these delays breach both federal and state laws designed to protect the rights of people with disabilities.
The lawsuit points to a lack 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.
Advocacy groups, including the American Civil Liberties Union (ACLU), have joined forces with North Carolina Disability Rights to urge federal court to compel the state to develop a plan to reduce wait times for mental health care. By bringing attention to these challenges, they hope to improve access to timely and appropriate mental health services for incarcerated individuals in North Carolina.
In conclusion, this lawsuit raises important questions about accessibility and discrimination against people with disabilities within our criminal justice system. As society strives towards greater inclusivity and equality for all individuals, it is crucial that we address issues such as these head-on and work towards creating more equitable systems that prioritize everyone’s well-being.