Disability Rights Oregon Files Motion for Contempt Against State for Continuing to Violate 22-Year-Old Permanent Injunction

Press Release
Written By Melissa Roy-Hart

Oregon out of compliance with federal mandate while people with mental illness wait, worsen, and die in jail

Portland, Ore. — Disability Rights Oregon today filed a motion for contempt against the State of Oregon for its ongoing failure to comply with the 22-year-old permanent injunction in Oregon Advocacy Center v. Mink. Since May 2024, the state has willfully disregarded federal court legal mandates and the Constitutional right to due process by refusing to admit within seven (7) days people who lack the mental capacity to help defense attorneys during trial (also called “aid and assist”). Instead, aid-and-assist patients have been languishing in jail for up to 50 days — and at least two people have died while waiting for a bed at the Oregon State Hospital.

“Despite a 22-year-old federal court order, the State of Oregon has shown little regard for the wellbeing of people with mental illness languishing in jail. Jail is the last place a person experiencing ongoing psychiatric crises should be,” said Jake Cornett, Executive Director and CEO of Disability Rights Oregon. “We will not stand idly by as Oregon thumbs its nose at the judicial system — there must be consequences.”

Today’s filing seeks:

  • Formal judicial recognition of the Mink permanent injunction violations;

  • Transport of patients to the Oregon State Hospital within 7 days of being deemed unable to aid and assist; and,

  • Monetary sanctions to compel compliance with the Mink permanent injunction.

The state openly admitted its poor performance and planning to the court during a hearing on November 21, 2024. “Unfortunately, we do not have projections for returning to compliance,” said Carla Scott, an Oregon Department of Justice attorney representing the Oregon Health Authority and Oregon State Hospital.

Background

  • March 2003: Disability Rights Oregon — under our former name, the Oregon Advocacy Center — won Oregon Advocacy Center v Mink, a landmark civil rights case that sought to end the practice of people who experience mental illness found unable to assist in their defense waiting months in jail to receive court-ordered mental health treatment. The Ninth Circuit upheld the court’s decision that the state psychiatric hospital must accept defendants within seven days after an individual has been ordered for treatment to be able to face the charges against them.

  • Spring-Summer 2019: Wait times in jail began climbing again — up to an average of 26 days — and we returned to court. The State of Oregon was compelled to get in compliance within 90 days, a federal court-imposed deadline which was met.

  • 2020-21: When the COVID-19 pandemic emerged, the state asked the federal district 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.

    • The court granted the state’s motion, and Disability Rights Oregon appealed.

    • Throughout the pandemic, the State Hospital continued to request pauses on admitting people found unable to aid and assist due to increasing patient numbers.

    • The Ninth Circuit issued another order, vacating the modification allowing this latitude and asked the district court judge to review his decision on the state hospital's admission policy.

  • September 2022: To help reduce wait times for court-ordered treatment and support compliance with the initial 2003 Mink injunction, Honorable Judge Mosman issued the Mosman Order. This original mandate set timelines for releasing patients from the Oregon State Hospital as no longer than:

    • 90 days for patients charged with misdemeanors;

    • Six (6) months for felony charges; and,

    • Within one (1) year for charges of violent or person-centered, Measure 11 felony crimes.

  • July 2023: With the state still out of compliance, the court amended the original Mosman Order that permits district attorneys to request extended stays at the hospital for aid-and-assist patients charged with the most serious offenses. It also gives the state hospital greater flexibility in discharging certain patients.

 

About

Disability Rights Oregon

Disability Rights Oregon upholds the civil rights of people with disabilities to live, work, and engage in the community. Serving as Oregon’s Protection & Advocacy system since 1977, the nonprofit works to transform systems, policies, and practices to give more people the opportunity to reach their full potential.

 
Melissa Roy-Hart
Next

Grants Pass Cruel Homeless Camping Policy Discriminates Against People with Disabilities