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Subject: Placement in Psychiatric Facility Without Regard to Disability or Dangerousness

J.S. v. OMH, No. 95-CV-0117 (SDNY 1995)

Disability Advocates and Mental Hygiene Legal Service, Second Department, filed a class action lawsuit against the Commissioners of the Office of Mental Health and Office of Mental Retardation and Developmental Disabilities (OMRDD), and others. Plaintiffs challenged the defendants' policy of placing all criminal defendants found incompetent to stand trial pursuant to Criminal Procedure Law Article 730 into a secure psychiatric facility without regard to the individuals' disability or whether the defendant was dangerous and in need of placement into a secure facility.   

The plaintiffs sought injunctive and declaratory relief for violations of 42 U.S.C. §1983; §504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Due Process and Equal Protection Clauses of the United States Constitution. A settlement was reached providing for the prompt identification and transfer of defendants with mental retardation who require treatment in an OMRDD facility to a facility that can provide appropriate care and treatment.