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Abstract: 

On March 31, 2014, a comprehensive complaint was filed against the Montana Department of Corrections alleging violation of the most fundamental of constitutional and statutory rights of inmates with mental illness confined in the Montana State Prison (MSP). The factual and legal allegations in Disability Rights Montana, Inc. v. Opper, et al. (Civil No. CV-14-25-BU-SHE, March 31, 2014) are familiar: inadequate staffing, flawed reception and diagnostic procedures, insufficient staff, overuse of segregation, a staff mindset finding malingering over authentic symptoms, no treatment. In Walker v. Montana, 68 P.3d 872 (Mont. 2003), the Montana Supreme Court ruled that many of these same conditions amounted to unconstitutional cruelty. Having ignored these conditions for a decade, Montana is now likely to cede control of its mental health program to at least some degree of judicial oversight, and to incur substantial legal fees and overtime costs in the bargain.

Keywords: Disability Rights Montana

Affiliations:  1: Executive Editor.