Case: United States v. Mississippi

3:16-cv-00622 | U.S. District Court for the Southern District of Mississippi

Filed Date: Aug. 11, 2016

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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 and the Civil Rights of Institutionalized Persons Act (CRIPA). The DOJ asked the court to enjoin the State of Mississippi from discriminating against adults with mental illness and from failing to provide them with appropriate integrated co…

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." Further, the DOJ argued that State hospitals were segregated because they restricted contact with people without disabilities, and presented a lack of meaningful choice for patients in opportunities such as choosing friends, food, living space, activities, and 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. But 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.

After months of discovery, defendants moved for summary judgement on December 21, 2018, claiming that the plaintiffs lacked standing and had failed to prove that a reasonable modification of Mississippi's mental health system was available. Judge Carlton W. Reeves denied the motion on May 13, 2019, finding that plaintiffs had standing and that they had met the burden of suggesting a plausible accommodation to the mental health system.

After four weeks of a bench trial, the court issued an opinion on September 3, 2019. The court found that Mississippi's healthcare system fell short of the requirements established by law and that the state operated a system that unlawfully discriminated against persons with serious mental illness. As a remedy, Judge Reeves ordered that the parties propose names of possible three special masters to oversee the state's move to community-based care and set a hearing to discuss the potential special master. From those three possible names, one would be selected to help the parties craft the appropriate remedy. 400 F. Supp. 3d 546. After a hearing on the matter, on February 25, 2020, Judge Reeves appointed Dr. Michael Hogan, an expert with twenty-five years of experience leading statewide mental health systems, as special master.

On July 12, 2021, the court held a hearing on Dr. Hogan’s proposed remedial plan, the United States’s proposal, and Mississippi’s proposal. Two days later, the court adopted Dr. Hogan's recommendations in full. 2021 WL 2953672. The remedial plan provides for Mississippi to develop and implement effective measures to prevent unnecessary institutionalization in State Hospitals. Such measures shall include increasing the availability of community-based services as set forth in the remedial order. The court later appointed Dr. Hogan as the Monitor to assess the State’s compliance with this order, and entered final judgment for the plaintiff on September 7, 2021.

Later that year, on October 6, the state of Mississippi appealed the final judgment to the United States Court of Appeals for the Fifth Circuit. On October 15, 2021, Judge Reeves granted the state's motion to stay certain provisions of the order pending appeal. Provisions stayed included items involving increased spending or potential program development and proposed State responsibility to develop an
Implementation Plan, and a Clinical Review process. Other elements of the order, including monitoring compliance, remained in effect.

On March 4 of the following year, Dr. Hogan issued his First Monitoring Report, although it was not yet possible for him to make definitive findings on most aspects of compliance. However, he did acknowledge that the state had provided funds to support the community services required by the order, except those subject to the stay. Thus, there was at least partial compliance, but not all programs were operational yet, and it was unclear whether those that were operational were functioning adequately.

On September 2, 2022, Dr. Hogan submitted his Second Monitoring Report. He stated that all the required services had been funded, and other requirements—including monitoring the services, data collection and reporting—were being implemented. He also noted a decline in institutionalization in hospitals, but cautioned that this could be a result of COVID-19 and staffing challenges, not necessarily an increase in care received. The report went into detail on what specific areas Mississippi was at least partially compliant on.

Later that month, on September 22, the parties entered into a dispute over this report. Mississippi objected to the “untenable position” Dr. Hogan was in because the Remedial Order did not contain “recognized, objective criteria” for monitoring compliance and listed several objections to the report.

On October 5, 2022, the Fifth Circuit Court of Appeals held oral argument on defendants' appeals of Judge Reeves’ Remedial and Monitoring orders.

The following year, on March 6, Dr. Hogan submitted his Third Monitoring Report. He detailed the “substantial progress in improving care” that Mississippi accomplished, but warned that “challenges remain.” Since all the requirements of the order had come into effect, the next phase of monitoring would be a full assessment of progress, including reviewing any available data to “assess adequacy of services.”

On September 7, 2023, Dr. Hogan submitted his Fourth Monitoring Report. He stated that all the services required by the order were funded, and all the required services had been launched (although some were not yet functioning at their funded capacity, mostly due to staffing challenges). Progress was still required on outstanding issues, such as individuals being held in jail while awaiting treatment.

Later that month, on September 20, the Fifth Circuit Court of Appeals reversed the judgment of the district court and remanded the case back to the district court for further proceedings. It agreed with Mississippi’s arguments that the federal government had not proved a cause of action for discrimination in violation of the ADA. The court held that just “a risk of institutionalization, without actual institutionalization” does not constitute actionable discrimination. 82 F.4th 387.

In addition, the Fifth Circuit held that even if the federal government had proved a discrimination claim, the district court’s remedial order vastly exceeded “the scope of claimed liability” and “was overly broad” and unnecessary with what was needed to comply with the statute. The role of the monitor in this case also was “essentially indistinguishable” from the role played by executive officials, which creates federalism concerns.

On September 22, 2023, the district court, in anticipation of the Fifth Circuit’s mandate, directed Dr. Hogan to conclude his work on the matter within the next 14 days and submit his final invoice. The district court received a certified copy of the judgment and mandate on November 13, 2023.

	Document
3:16-cv-00622	Docket [PACER]	Nov. 18, 2019	Nov. 18, 2019 Docket
3:16-cv-00622	Re: United States' Investigation of the State of Mississippi's Service System for Persons with Mental Illness and Developmental Disabilities No Court	Dec. 22, 2011	Dec. 22, 2011 Findings Letter/Report
1 3:16-cv-00622	Complaint	Aug. 11, 2016	Aug. 11, 2016 Complaint
204 3:16-cv-00622	Order Denying Summary Judgment	May 13, 2019	May 13, 2019 Order/Opinion
234 3:16-cv-00622	Memorandum Opinion and Order	Sept. 3, 2019	Sept. 3, 2019 Order/Opinion 400 F.Supp.3d 546
241 3:16-cv-00622	Order Appointing Special Master	Feb. 25, 2020	Feb. 25, 2020 Order/Opinion
273 3:16-cv-00622	Order	July 14, 2021	July 14, 2021 Order/Opinion
278 3:16-cv-00622	Remedial Order	Sept. 7, 2021	Sept. 7, 2021 Order/Opinion
337 3:16-cv-00622	First Report of the Court Monitor	March 4, 2022	March 4, 2022 Monitor/Expert/Receiver Report
344 3:16-cv-00622	Second Report of the Court Monitor	Sept. 2, 2022	Sept. 2, 2022 Monitor/Expert/Receiver Report

ECF Number	Description	Date	Link Date / Link
	Set/Reset Hearings: Telephone Conference set for 7/19/2016 01:30 PM before District Judge William H. Barbour Jr. (Lewis, Nijah)	July 7, 2016	July 7, 2016 PACER
	Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Telephone Conference held on 7/19/2016 regarding Settlement Agreement. Participates: Christopher Cheng, Elizabeth C. Kelley, Regan Rush, U.S. Department of Justice, Civil Rights Division, Washington, D.C.; Mitzi Paige, U.S. Attorneys office; Peter Teeuwissen, Anthony Simmons, Attorney for the Hinds County Bd of Supervisors; Claire Barker, Attorney for the Hinds County Sheriff's Department. Telephone conference regarding the proposed Settlement Agreement. All parties agreed that they agree with the Settlement Agreement on behalf of their clients and that all parties were ready to implement the agreement. 7/19/2016 (Lewis, Nijah).	July 19, 2016	July 19, 2016 PACER
1	COMPLAINT against The State of Mississippi, filed by United States of America. (Attachments: # 1 Civil Cover Sheet).(TLC) (Entered: 08/11/2016) 1 Civil Cover Sheet View on PACER	Aug. 11, 2016	Aug. 11, 2016 Clearinghouse
2	WAIVER OF SERVICE Returned Executed by United States of America. The State of Mississippi waiver sent on 8/11/2016, answer due 10/11/2016. (Paige-Federal Gov, Mitzi) (Entered: 09/02/2016)	Sept. 2, 2016	Sept. 2, 2016 PACER
3	ANSWER to 1 Complaint by The State of Mississippi.(Anderson, Reuben) (Entered: 10/11/2016)	Oct. 11, 2016	Oct. 11, 2016 RECAP
4	NOTICE of Appearance by James W Shelson on behalf of The State of Mississippi (Shelson, James) (Entered: 10/11/2016)	Oct. 11, 2016	Oct. 11, 2016 PACER
5	NOTICE of Appearance by William T. Siler, Jr on behalf of The State of Mississippi (Siler, William) (Entered: 10/11/2016)	Oct. 11, 2016	Oct. 11, 2016 PACER
6	NOTICE of Appearance by Robert Gregg Mayer on behalf of The State of Mississippi (Mayer, Robert) (Entered: 10/11/2016)	Oct. 11, 2016	Oct. 11, 2016 PACER
7	NOTICE of Appearance by Arthur Martin Edwards, IV on behalf of The State of Mississippi (Edwards, Arthur) (Entered: 10/11/2016)	Oct. 11, 2016	Oct. 11, 2016 PACER
8	MOTION to Consolidate Cases by The State of Mississippi (Attachments: # 1 Exhibit A - Letter from Gupta to Hood (August 8, 2016), # 2 Exhibit B - Press Release (August 11, 2016))(Mayer, Robert) (Entered: 10/24/2016) 1 Exhibit A - Letter from Gupta to Hood (August 8, 2016) View on RECAP 2 Exhibit B - Press Release (August 11, 2016) View on RECAP	Oct. 24, 2016	Oct. 24, 2016 RECAP
9	MEMORANDUM in Support re 8 MOTION to Consolidate Cases filed by The State of Mississippi (Mayer, Robert) (Entered: 10/24/2016)	Oct. 24, 2016	Oct. 24, 2016 RECAP
10	MOTION to Stay Proceedings by The State of Mississippi (Mayer, Robert) (Entered: 10/24/2016)	Oct. 24, 2016	Oct. 24, 2016 RECAP
11	MEMORANDUM in Support re 10 MOTION to Stay Proceedings filed by The State of Mississippi (Mayer, Robert) (Entered: 10/24/2016)	Oct. 24, 2016	Oct. 24, 2016 RECAP
12	Rule 16(a) Initial Order Telephonic Case Management Conference set for 12/8/2016 03:00 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and contact the Court at 601-608-4460. (JEJ) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 PACER
13	RESPONSE in Opposition re 8 MOTION to Consolidate Cases filed by United States of America (Attachments: # 1 Exhibit Troupe Complaint, # 2 Exhibit United States Complaint, # 3 Exhibit Think Recovery Newsletter, # 4 Exhibit FY2016-2017 State Plan)(Kelley-Federal Gov, Elizabeth) (Entered: 11/07/2016) 1 Exhibit Troupe Complaint View on PACER 2 Exhibit United States Complaint View on PACER 3 Exhibit Think Recovery Newsletter View on RECAP 4 Exhibit FY2016-2017 State Plan View on PACER	Nov. 7, 2016	Nov. 7, 2016 RECAP
14	MEMORANDUM IN SUPPORT re 13 Response in Opposition to Motion, filed by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 RECAP
15	RESPONSE in Opposition re 10 MOTION to Stay Proceedings filed by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 PACER
16	MEMORANDUM IN SUPPORT re 15 Response in Opposition to Motion filed by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016 RECAP
	Docket Annotation	Nov. 15, 2016	Nov. 15, 2016 PACER
17	Unopposed MOTION for Protective Order Regarding Health Information by United States of America (Attachments: # 1 Exhibit 1. Proposed Protective Order)(Mallinson-Federal Gov, Catharine) (Entered: 11/15/2016) 1 Exhibit 1. Proposed Protective Order View on PACER	Nov. 15, 2016	Nov. 15, 2016 PACER
	DOCKET ANNOTATION as to # 17 . Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e-mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (ND)	Nov. 15, 2016	Nov. 15, 2016 PACER
18	PROTECTIVE ORDER REGARDING HEALTH INFORMATION granting 17 Motion for Protective Order. Signed by Magistrate Judge F. Keith Ball on 11/17/2016. (JRB) (Entered: 11/17/2016)	Nov. 17, 2016	Nov. 17, 2016 PACER
19	Rebuttal re 8 MOTION to Consolidate Cases filed by The State of Mississippi (Attachments: # 1 Exhibit 1 - Letter from Perez to Barbour (December 22, 2011), # 2 Exhibit 2 - Letter from Hood to Smith (August 29, 2014))(Mayer, Robert) (Entered: 11/17/2016) 1 Exhibit 1 - Letter from Perez to Barbour (December 22, 2011) View on RECAP 2 Exhibit 2 - Letter from Hood to Smith (August 29, 2014) View on PACER	Nov. 17, 2016	Nov. 17, 2016 RECAP
20	Rebuttal re 10 MOTION to Stay Proceedings filed by The State of Mississippi (Attachments: # 1 Exhibit 1 - Letter from Perez to Barbour (December 22, 2011))(Mayer, Robert) (Entered: 11/17/2016) 1 Exhibit 1 - Letter from Perez to Barbour (December 22, 2011) View on PACER	Nov. 17, 2016	Nov. 17, 2016 PACER
21	NOTICE of Service of Pre-Discovery Disclosure by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 12/01/2016)	Dec. 1, 2016	Dec. 1, 2016 PACER
22	ORDER Consolidating Civil Action No. 3:16-cv-622 and Civil Action No. 3:10-cv-153. ALL FUTURE FILINGS SHALL BE FILED IN CIVIL ACTION NO. 3:10-cv-153. Signed by Magistrate Judge Michael T. Parker on 12/6/16. (RRL) (Entered: 12/07/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
	TEXT-ONLY ORDER cancelling telephonic case management conference set for December 8, 2016. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 12/7/2016. (JEJ)	Dec. 7, 2016	Dec. 7, 2016 PACER
	Order	Dec. 7, 2016	Dec. 7, 2016 PACER
	Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 12/8/2016 with Court appointed expert. A baseline visit was conducted in October, and a findings letter has been provided to the appropriate parties. The expert is currently finalizing a monitor plan, and will provide same to parties. A monitor visit is scheduled for early February, with the expert's findings to be formally filed thereafter. A telephonic status conference will be scheduled by separate docket entry. (AB)	Dec. 8, 2016	Dec. 8, 2016 PACER
	NOTICE of Hearing: TELEPHONIC Status Conference set for 2/17/2017 at 9:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel already on the line along with the Court appointed expert. (AB)	Dec. 8, 2016	Dec. 8, 2016 PACER
23	NOTICE of Appearance by Patrick Holkins-Federal Gov on behalf of United States of America (Holkins-Federal Gov, Patrick) (Entered: 02/14/2017)	Feb. 14, 2017	Feb. 14, 2017 PACER
	Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 2/17/2017 regarding status of completion of requirements of the consent agreement. A base line tour has been completed. There has been significant progress made toward compliance however, there remain certain requirement deadlines that have not been complied with and are past due. The Defendant Hinds County has retained a Consent Agreement Compliance Coordinator (Synarus Green) who has been appraised of the priority recommendations and overall status. The next monitoring site visit will take place in June. An in-person status conference will be scheduled by the Court at which the Court expects the Defendants to be in compliance with all past due deadlines addressed during the telephone conference, and be prepared to address compliance with all prior recommendations made. The parties have agreed to convene at the Gulfport Courthouse. The Court directs that the Hinds County Sherriff and the President of the Hinds County Board of Supervisors be present at the upcoming in-person status conference. Participates: Christopher Cheng and Candace Mayberry (counsel for Plaintiff); Peter Teeuwissen and Anthony Simon (counsel for Defendant Hinds County Board of Supervisors); Claire Barker (counsel for Defendant Hinds County Sheriff Victor Mason); Elizabeth Simpson (Court Appointed Expert); Mary Rushing (Hinds County Warden); Synarus Green (Hinds County Compliance Officer); Pete Luke (Hinds County Operations Officer). (AB)	Feb. 17, 2017	Feb. 17, 2017 PACER
	NOTICE of Hearing: IN-PERSON Status Conference set for 7/10/2017 at 2:00 PM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB)	Feb. 17, 2017	Feb. 17, 2017 PACER
131	ORDER: that these cases are no longer consolidated as set out herein. Signed by District Judge Henry T. Wingate on 3/19/2017 (cwl) (Entered: 10/30/2018)	March 19, 2017	March 19, 2017 PACER
24	NOTICE of Appearance by Mathew Schutzer-Federal Gov on behalf of United States of America (Schutzer-Federal Gov, Mathew) (Entered: 03/20/2017)	March 20, 2017	March 20, 2017 PACER
25	NOTICE of Appearance by Regan Rush-Federal Gov on behalf of United States of America (Rush-Federal Gov, Regan) (Entered: 03/21/2017)	March 21, 2017	March 21, 2017 PACER
26	MOTION to Withdraw as Attorney by United States of America (Kelley-Federal Gov, Elizabeth) (Entered: 03/21/2017)	March 21, 2017	March 21, 2017 PACER
	TEXT-ONLY ORDER granting 26 Motion to Withdraw as Attorney. Attorney Elizabeth C. Kelley-Federal Gov terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 3/22/2017. (JRB)	March 22, 2017	March 22, 2017 PACER
	Order on Motion to Withdraw as Attorney	March 22, 2017	March 22, 2017 PACER
27	Rule 16(a) Initial Order Telephonic Case Management Conference set for 5/4/2017 03:30 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to ball_chambers@mssd.uscourts.gov. Counsel for Plaintiff shall set up the conference and, once all the parties are on the line, contact the Court at 601-608-4460. (JEJ) (Entered: 04/12/2017)	April 12, 2017	April 12, 2017 PACER

Case: United States v. Mississippi

3:16-cv-00622 | U.S. District Court for the Southern District of Mississippi

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