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Abstract: 

The legal recognition of the right of incarcerated people to adequate mental health treatment is a victory not to be underestimated—we have come a long way from the days when the prisoner was considered “a slave of the State.” But much remains to be done to make this right a reality. As long as the political branches shirk their responsibilities, litigation will remain an important tool to ensure that U.S. prisons comply with Constitutional requirements and with basic principles of health, safety, and human decency. In this article, David C. Fathi, Director of the ACLU National Prison Project examines some of the reasons why problems with the treatment and management of mentally disordered inmates remain so intractable in spite of several decades of appellate court victories that mandated better care.

Keywords: Parsons v. Ryan; Disability Rights Montana, Inc. v. Batista; Braggs v. Dunn

Affiliations:  1: ACLU National Prison Project.