Clearinghouse coding complete
On November 17, 2022, the Department of Justice (DOJ) announced that they would be opening an investigation into the State of Oklahoma, Oklahoma City, and the Oklahoma City Police Department (OKCPD). The investigation intended to look into claims that Oklahoma failed to provide community-based mental health services for citizens of Oklahoma county. The investigation also included an appraisal of Oklahoma City’s responses to behavioral health crises, including the 911 response practices and policies of the OKCPD. The goal of the investigation was to determine whether the current practices can be improved to decrease the likelihood of institutionalization and unnecessary law enforcement contacts.
The DOJ announced that their investigation was being pursued under Title II of the Americans with Disability Act (ADA), which prohibits discrimination on the basis of disability by state and local governments, as well as the Violent Crime Control and Law Enforcement Act which prohibits state and local law enforcement from engaging in practices that constitute a pattern of depriving citizens their Constitutional rights.
On January 3, 2025, the DOJ Civil Rights Division filed its report and found reasonable cause to believe that (1) the State of Oklahoma unnecessarily institutionalized or put at serious risk of unnecessary institutionalization, adults with behavioral health disabilities and (2) Oklahoma City and its police department engaged in a pattern or practice of misconduct that discriminated against people with behavioral health disabilities.
In regard to the state's unnecessary institutionalization, the DOJ found that adults with behavioral health disabilities experienced long or repeated stays in psychiatric hospitals. Specifically, nearly 300 adults were admitted to private psychiatric hospitals at least five times between September 2021 and November 2023. Adults with behavioral health disabilities were often treated in segregated settings, further in violation of Title II of the ADA, which requires that they be treated in the most integrated setting appropriate. The investigation found that Oklahoma could reasonably modify its existing service system to meet Oklahomans needs, particularly by offering more community-based alternatives.
Oklahoma City and its police department (OKCPD) were also found to discriminate against people with behavioral health disabilities when providing emergency response services, in violation of the ADA. The investigation found that police officers were the only ones being dispatched for the majority of 911 behavioral health calls when behavioral health specialist could have more effectively resolved the call. In reviewing 911 calls, police body cams, and other relevant documentation, the DOJ found that police sometimes used tactics that escalated the encounter. The investigators noted, however, that over the course of their investigation, the OKCPD rolled out new policies to encourage call takers to use behavioral health resources for non-public safety calls.
Overall, the DOJ reinforced their recommendations to Oklahoma, Oklahoma City, and the OKCPD of making community-based services more available, developing reasonable behavioral health responses, and cooperating across departments. The DOJ has reached out to community members for feedback on how to implement new policies and provide better access to behavioral health resources.
This case is ongoing.
Summary Authors
Claire Butler (12/30/2022)
Herman Gonzalez (1/28/2025)
Last updated Aug. 30, 2023, 1:26 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Oklahoma
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The plaintiff in this case is the Department of Justice.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State of Oklahoma (Oklahoma), State
Oklahoma City (Oklahoma), City
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)
Constitutional Clause(s):
Due Process: Substantive Due Process
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Discrimination Area:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Jails, Prisons, Detention Centers, and Other Institutions:
Deinstitutionalization/decarceration
Placement in mental health facilities
Policing: