The Bazelon Center for Mental Health Law


 

 

For Immediate Release:
January 21, 2000

 

Contact: Lee Carty at 202-467-5730 x 121 or leec@bazelon.org

Landmark Mental Disability Suit Settled After 30 Years

Washington DC, January 21, 2000—The class-action lawsuit that first established a constitutional right to treatment for people in mental institutions is over at last, pending a judge's approval, 30 years after being filed in federal court in Alabama.

Alabama officials signed an agreement late yesterday to maintain improvements already made for current and future residents of state psychiatric facilities or developmental centers and those who have been moved out into community residences, and to develop a three-year plan for further progress.

The suit now known as Wyatt v. Sawyer, was filed in 1970, challenging a shortage of staff in state facilities housing a total of 9,200 people. In 1972, the late U.S. District Judge Frank M. Johnson declared that people involuntarily confined in such institutions have a constitutional right to treatment in exchange for being deprived of their liberty. Judge Johnson then defined the meaning of "treatment" with minimum standards covering every aspect of institutional life and a requirement that treatment be provided in the least restrictive setting consistent with an individual's need.

"The Wyatt case improved services for people with mental illnesses or mental retardation all across the country," said Ira Burnim, legal director of the Bazelon Center for Mental Health Law, who represented the plaintiff class from 1985 through mid-1999. "It established that states could no longer warehouse people, but would have to make appropriate services available to them."

For the past 15 years, the litigation has focused on programs to enable Alabamans with mental disabilities to live in the community. "We are especially heartened that Alabama, like many other states, will continue expanding possibilities for people with mental disabilities to have normal lives," Burnim added. The agreement calls for moving 600 more patients to community programs over the next three years, leaving fewer than 1,000 in the state's large institutions.

Burnim's successor in the case, James Tucker of the Alabama Disabilities Advocacy Program, will monitor conditions to make sure the state is complying.

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The Bazelon Center for Mental Health Law is the leading legal advocacy organization representing people with mental illness and mental retardation. For more information on the Bazelon Center, please visit www.bazelon.org.

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  Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org

 
Judge David L. Bazelon Center for Mental Health Law
1101 15th Street, NW, Suite 1212
Washington, DC 20005

Phone: 202-467-5730
Fax: 202-223-0409
Email: webmaster@bazelon.org