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Abstract: 

In Disability Rights Montana v. Batista, No. 15-35770 (9th Cir. 2019), we deal with a case where DRM alleges wholesale violation of the rights of Montana prisoners who are SMI. DRM filed under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI). DRM is Montana’s PAIMI agency and thereby has broad authority to sue in a class action on behalf of its SMI charges. The District Court Judge actually dismissed the complaint and appears to have been confused as to the requirements of a complaint surviving a motion to dismiss. Supreme Court law makes it clear that only a plausible claim be made, and the Ninth Circuit readily reinstates the complaint and, as requested by plaintiffs, a new judge is assigned on the remand.

Keywords: “Actual Knowledge” Aspect of Deliberate Indifference

Affiliations:  1: Executive Editor.