Lawsuit: Providing Restorative Treatment when Unable to Aid and Assist in Defense
In 2002 under our former name—the Oregon Advocacy Center (“OAC”)—we brought a landmark civil rights case against the state because people with mental illness were languishing in jail. The Ninth Circuit ruled in OAC v. Mink that the state psychiatric hospital must accept within seven days people found to not have the mental capacity to stand trial because they are unable to help their attorney defend them in court—what is called "aid and assist."
That decision was meant to end the practice of keeping defendants in jail for months awaiting mental healthcare.
ENFORCING MINK
In the spring of 2019, people who were found unable to “aid and assist” were waiting in jail on average 26 days for transport to the state hospital. Disability Rights Oregon brought a case against the state for violating OAC v. Mink. In June 2019, the court compelled the State of Oregon to get in compliance with the Mink ruling within 90 days. The state met that court-imposed deadline, which prevented dozens of defendants who experience mental illness and cannot aid and assist in their own defense from languishing in jail.
When the COVID-19 pandemic emerged in 2020, the state asked the federal court for wide latitude in admitting—or not admitting—patients found unable to aid and assist, citing the need to stem the spread of COVID-19. Disability Rights Oregon argued against limiting admissions to aid and assist patients waiting in jail. The District court granted the state’s motion and Disability Rights Oregon appealed that decision to the Ninth Circuit Court of Appeals.
Throughout the pandemic, the State Hospital has continued to request pauses on admitting people found unable to aid and assist due to a rise in the number of patients.
On August 16, 2021, the Ninth Circuit issued an order, vacating the modification allowing this latitude and asked the District court judge to review his decision on the state hospital's admission policy. The appellate court also recognized the facts known at trial in 2002: people with mental illness are harmed by prolonged wait times in jail.
On December 10, 2021, the Oregon Health Authority entered into an interim settlement agreement with Metropolitan Public Defender and Disability Rights Oregon which requires the state to contract with a mutually agreed upon outside expert to address capacity issues at OSH in compliance with Mink.
Press Release
March 28, 2020: Indefinite detention of defendants with disabilities due to COVID-19 is illegal, harmful and a threat to public health
April 15, 2021: Pausing Oregon State Hospital admissions would violate constitutional rights of people with mental illness
December 17, 2021: Oregon Reaches Interim Settlement with Metropolitan Public Defender and Disability Rights Oregon Regarding Admissions to the Oregon State Hospital
Case Documents
OAC v. Mink, Case No. 3:02-cv-00339–PA
May 15, 2002: Opinion of the United States District Court of Oregon
April 17, 2020: State’s Motion to Modify
April 20, 2020: Response to the State’s Motion to Modify
May 13, 2020: District Court Order Modifying Injunction
September 21, 2020: Opening Brief Submitted to Ninth Circuit Court of Appeals
December 3, 2020: State’s Response
April 14, 2021: Response to the State’s Motion to Pause Admissions
August 16, 2021: Ninth Circuit Court of Appeals Decision
December 17, 2021: Interim Agreement
December 17, 2021: Proposed Order Appointing State Expert
December 17, 2021: Joint Stipulation to Appointment of a Neutral Expert
January 30, 2022: First Report of the Neutral Expert
June 5, 2022: Second Report of the Neutral Expert
September 1, 2022: Mosman Order (original)
September 15, 2022: Third Report of the Neutral Expert
December 21, 2022: Fourth Report of the Neutral Expert
April 17, 2023: Fifth Report of the Neutral Expert
July 3, 2023: Mosman Order (amended)
July 24, 2023: Sixth Report of the Neutral Expert
October 18, 2023: Seventh Report of the Neutral Expert
December 18, 2023: Eighth Report of the Neutral Expert
May 20, 2024: Ninth Report of the Neutral Expert
November 12, 2024: Tenth Report of the Neutral Expert
Media coverage
November 21, 2024: Oregon State Hospital has violated federal order on admissions for last 6 months; judge presses for change
November 20, 2024: A Key State Agency Admits It Ignored a Federal Mandate to Help People With Severe Mental Illness
June 6, 2022: Expert Recommends State Ease Oregon State Hospital Bottlenecks
February 2, 2022: State hospital must produce data on court-ordered admissions, outside expert’s report says
December 29, 2021: State hospital gets outside help for admitting mentally ill people under judges’ orders
December 17, 2021: Oregon State Hospital will get help from Michigan mental health expert to deal with admissions problems
December 17, 2021: Outside investigator will review capacity issues at Oregon State Hospital
August 17, 2021: Judge ordered to review his decision on admissions policy for Oregon State Hospital, 9th Circuit Court rules
April 20, 2021: Pausing Oregon State Hospital admissions would violate Constitutional rights of people with mental illness
April 15, 2021: Oregon State Hospital seeks pause on admissions as new patient numbers spike
April 9, 2020: Oregon State Hospital restricts admissions, leaving some mentally ill inmates stuck in jail
December 6, 2019: When mental illness becomes a jail sentence
October 31, 2019: Federal judge ends lawsuit against Oregon State Hospital
June 11, 2019: Federal judge defers ruling on Oregon State Psychiatric Hospital\
June 10, 2019: Federal judge to hear arguments over admission delays at State Hospital
June 5, 2019: Oregon lawmakers try to make it harder to send some inmates to State Hospital
May 10, 2019: Public defenders claim Oregon State Hospital is violating court injunction
