Judge Carlton Reeves has issued a follow-up order to the status conference that was held on February 22nd, 2021. During the status conference last week both parties spoke about various ways to move the case toward final judgment. In his order, the judge resolves the proposals that were presented in the following ways.
Judge Reeves grants the state’s request “for at least 60 days” to submit either a “proposed Agreed Order” or their proposed remedial plan. The state (the defendant) must file either the agreed order or a proposed remedial plan by April 30, 2021. The US DOJ (the plaintiff) would then have 21 days to respond.
Judge Reeves also asks in the follow-up order that the Special Master (Dr. Michael Hogan) “weigh in on the parties’ points of disagreement, again, if any.” In addition, he requests that Dr. Hogan support his recommendations “by reference to his vast experience and knowledge of mental health systems, rather than to any statement made by a party during settlement negotiations,” and that he do so by June 4, 2021.
A final hearing on the matter is scheduled for June 2021. Once the judge makes a decision on the remedy, it is possible that either side could appeal.
As always, we urge the parties to work toward a remedy that is responsive to and fully inclusive of people receiving services and their families, that is accountable and transparent, and that allows for input from all interested stakeholders, including the public. If you have feedback or questions for either side in United States v. Mississippi, here is their contact information:
For the State of Mississippi:
Doug T. Miracle, Civil Litigation
Office of Attorney General Lynn Fitch
601.359.3680
doug.miracle@ago.ms.gov
For the United States:
Sarah L. Malks
Outreach Specialist
Civil Rights Division, US Department of Justice
iPhone 202.598.5344
Sarah.Malks@usdoj.gov
BACKGROUND TO THE LAWSUIT
In 2016 the United States Department of Justice filed a lawsuit against the State of Mississippi, alleging that Mississippi fails to provide enough of the right kinds of support for people with mental illness to be able to live in the community if they choose to. This is considered a violation of the Americans with Disabilities Act.
The case began with this 2011 letter of findings. The United States and the State of Mississippi engaged in negotiations from 2012 through 2015, at which time the negotiations failed. The United States then sued Mississippi in 2016.
The State lost this lawsuit in September 2019 after a month-long trial in June 2019. In February 2020, Judge Reeves appointed Dr. Michael Hogan as Special Master in the case to help the two sides (US DOJ and the State of Mississippi) craft a remedy to address the problems that the lawsuit brought to light.
