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Civil Rights Litigation Clearinghouse
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Case Name United States v. Mississippi MH-MS-0001
Docket / Court 3:16-cv-00622-CWR-FKB ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Mental Health (Facility)
Special Collection Olmstead Cases
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On August 11, 2016 , the Attorney General and Civil Rights Division of the U.S. Department of Justice ("DOJ") filed this lawsuit in the Southern District of Mississippi. The DOJ sued the State of Mississippi under Title II of the Americans with Disabilities Act (42 U.S.C. §§ 12131) and the Civil ... read more >
On August 11, 2016 , the Attorney General and Civil Rights Division of the U.S. Department of Justice ("DOJ") filed this lawsuit in the Southern District of Mississippi. The DOJ sued the State of Mississippi under Title II of the Americans with Disabilities Act (42 U.S.C. §§ 12131) and the Civil Rights of Institutionalized Persons Act (CRIPA) 42 U.S.C. § 1997. The DOJ asked the court to enjoin the State of Mississippi from discriminating against adults with mental illness and failing to provide them with appropriate integrated community programs.

The DOJ claimed that Mississippi violated the Americans with Disabilities Act by "administering the State's mental health service system in a manner that denies qualified adults with mental illness the benefits of the State's mental health services." See Complaint. Further, the DOJ argued that State hospitals were segregated because they restricted contact with non-disabled people and presented a lack of meaningful choice for patients in opportunities such as choosing friends, food, living space, activities, and participating in employment.

On October 24, 2016, the State filed a motion to consolidate this case with Troupe v. Barbour, a case filed in the Southern District of Mississippi that commenced in 2010. In that case, four minor plaintiffs made claims against the State regarding its treatment of them as children with mental illness. On December 6, a magistrate judge found the cases to have common questions of law and fact and ordered their consolidation. However, soon afterward, the plaintiffs in both cases filed a motion for reconsideration of the consolidation. On March 19, 2017, District Court Judge Henry T. Wingate vacated the December 6 consolidation order, finding that there were few common questions of fact between the cases and that consolidating them would result in undue delays and injustice to the plaintiffs.

As of October 27, 2017, the case was ongoing and the parties were engaging in discovery.

Neil Tiwari - 10/04/2016
Lauren Latterell Powell - 10/27/2017


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Placement in mental health facilities
Totality of conditions
Medical/Mental Health
Mental health care, general
Mental health care, unspecified
Mental Disability
Depression
Intellectual/developmental disability, unspecified
Mental Illness, Unspecified
Schizophrenia
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) Mississippi
Plaintiff Description The United States of America
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Docket(s)
3:16−cv−00622−CWR−FKB (S.D. Miss.)
MH-MS-0001-9000.pdf | Detail
Date: 10/26/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Re: United States' Investigation of the State of Mississippi's Service System for Persons with Mental Illness and Developmental Disabilities
MH-MS-0001-0002.pdf | External Link | Detail
Date: 12/22/2011
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Complaint [ECF# 1]
MH-MS-0001-0001.pdf | Detail
Date: 08/11/2016
Source: Bloomberg Law
Judges Ball, F. Keith (S.D. Miss.) [Magistrate]
MH-MS-0001-9000
Reeves, Carlton Wayne (S.D. Miss.)
MH-MS-0001-9000
Plaintiff's Lawyers Davis, Gregory K. (Mississippi)
MH-MS-0001-0001 | MH-MS-0001-9000
Fox, Deena (District of Columbia)
MH-MS-0001-0001 | MH-MS-0001-9000
Gupta, Vanita (District of Columbia)
MH-MS-0001-0001 | MH-MS-0001-9000
Holkins, Patrick (District of Columbia)
MH-MS-0001-9000
Kelley, Elizabeth (District of Columbia)
MH-MS-0001-0001 | MH-MS-0001-9000
Lynch, Loretta (New York)
MH-MS-0001-0001 | MH-MS-0001-9000
Mallinson, Catharine A. (New Hampshire)
MH-MS-0001-0001 | MH-MS-0001-9000
Mayberry, Candace (Mississippi)
MH-MS-0001-9000
Paige, Mitzi Dease (Mississippi)
MH-MS-0001-0001 | MH-MS-0001-9000
Perez, Thomas E. (District of Columbia)
MH-MS-0001-0002
Rosenbaum, Steven H. (District of Columbia)
MH-MS-0001-0001 | MH-MS-0001-9000
Rush, Regan (District of Columbia)
MH-MS-0001-9000
Schutzer, Mathew S. (District of Columbia)
MH-MS-0001-9000
Defendant's Lawyers Anderson, Reuben V. (Mississippi)
MH-MS-0001-9000
Edwards, Arthur Martin IV (Mississippi)
MH-MS-0001-9000
Mayer, Robert Gregg (Mississippi)
MH-MS-0001-9000
Shelson, James W. (Mississippi)
MH-MS-0001-9000
Siler, William T. Jr. (Mississippi)
MH-MS-0001-9000
Woods, Mary Jo (Mississippi)
MH-MS-0001-9000

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