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Abstract: 

Negotiated settlements are the primary means of conflict resolution in civil and criminal cases. In correctional mental health cases, and especially class actions seeking structural relief, the pleadings matter as well as the conduct of discovery; interrogatories and depositions. As the case begins to take shape and defendants realize they do not have a strong hand, the stage is set constructive engagement. Mast v. Donahue, 2019 WL 330 6204 (S.D. Ind.), a case involving competing Agreements touching on mentally ill Indiana prisoners held in segregation, is a good example. Solutions that can be reached through negotiation may include drafting a consent decree or a stipulation; an agreement that can be as expansive as touching every area of correctional mental health care; staffing, training, reception, levels of care, abandonment of isolation, suicide prevention and reaction protocols, objectives to be achieved, and external oversight (i.e., monitoring); definitions of SMI, medication administration, and training.

Keywords: Mast v. Donahue, 2019 WL 330 6204 (S.D. Ind.)

Affiliations:  1: Executive Editor.