PRESS RELEASE: Disability Rights Maryland Files Lawsuit Against Maryland Department of Health Over the State’s Practice of Indefinitely Detaining Criminal Defendants with Disabilities Deemed Incompetent to Stand Trial
CONTACT: Luciene Parsley, DRM Litigation Counsel, LucieneP@DisabilityRightsMD.org, 443-692-2494
BALTIMORE, MD — On January 9, 2025, Disability Rights Maryland, Inc. (DRM), represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and co-counsel Wiley Rein LLP, filed a lawsuit against the Maryland Department of Health (MDH) and Dr. Laura Herrera Scott, in her official capacity as Secretary of the MDH. The lawsuit challenges MDH’s continuous failure to provide timely and appropriate mental health care and supportive services to criminal defendants who have been deemed incompetent to stand trial (IST) as is required by Maryland law.
Maryland Code Ann., Crim. Proc. §3-106(c)(2)(i) requires MDH to transfer individuals found IST and dangerous to a designated health care facility within 10 business days of MDH’s receipt of the court’s order for the purpose of competency restoration and treatment. However, as set forth in the complaint, MDH has persistently failed to fulfill this obligation, leaving more than 200 IST-adjudicated defendants statewide languishing in jails and other correctional facilities — some for weeks to months at a time. The complaint further alleges that MDH is violating the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by over-designating criminal defendants as dangerous and failing to provide competency restoration in the most integrated setting available. Over forty percent of IST-adjudicated defendants who are indefinitely detained were charged with misdemeanor offenses or non-violent felonies. DRM believes many of these individuals were improperly labeled as dangerous and that many who are currently languishing in jails could likely be restored to competency in the community if they were provided with appropriate supports.
“Leaving people with disabilities in jail deprives them of needed services and supports and has no rational relationship to moving them through the criminal process,” said Luciene Parsley, Litigation Director at Disability Rights Maryland. “We have received complaints about horrific conditions that individuals are kept in, such as being forced to sleep on the floor or maintained in solitary confinement for extended periods of time.”
The lawsuit highlights the devastating consequences of MDH’s inaction, detailing cases of Marylanders who were held in inhumane conditions and deprived of appropriate support as a direct result of MDH’s failure to comply with state law requiring prompt transfer to appropriate healthcare facilities. These individuals, all found IST, were confined in jails for prolonged periods without access to adequate mental health treatment or support, necessary medications, counseling, or basic care, leading to significant deterioration in their physical and mental health.
“Many of these individuals could be restored to competency in their own communities,” said Courtney Bergan, Equal Justice Works Fellow at Disability Rights Maryland. “Doing so would be more effective and efficient for everyone.”
“Maryland’s legislature expressly noted the serious constitutional implications of subjecting IST-adjudicated individuals to indefinite jail detention, delaying their access to needed treatment, when it modified the existing law to require MDH to implement hospitalizations within a specific – and short – time period,” said Wiley Rein’s Pro Bono Partner, Ted Howard. “MDH’s conscious and complete failure to comply with its statutory obligations in this regard is simply unacceptable and calls out for redress by the federal court.”
The lawsuit seeks declaratory and injunctive relief, asserting that the indefinite detention of IST-adjudicated individuals without treatment violates their rights under the U.S. Constitution, Article 24 of the Maryland Declaration of Rights, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. DRM is demanding systemic reforms to address MDH’s ongoing failures and to ensure timely and appropriate care for IST-adjudicated individuals in the most integrated setting appropriate to their needs.
“Maryland’s competency system is deeply broken,” said Ryan Downer, Legal Director with the Washington Lawyers’ Committee. “People determined by state courts to be in need of mental health services are instead left to rot in jail. Our hope is that this lawsuit will jolt state officials awake.”
About Disability Rights Maryland
Disability Rights Maryland is the federally mandated protection and advocacy agency for the state of Maryland, working to protect people with disabilities from abuse, neglect, and rights violations. DRM advocates for systemic change, emphasizing the importance of self-determination, inclusion, and access to services and support in the most integrated setting available.
About the Washington Lawyers’ Committee for Civil Rights and Urban Affairs
The Washington Lawyers’ Committee for Civil Rights and Urban Affairs works to create legal, economic, and social equity through litigation, client and public education and public policy advocacy. While we fight discrimination against all people, we recognize the central role that current and historic race discrimination plays in sustaining inequity and recognize the critical importance of identifying, exposing, combatting, and dismantling the systems that sustain racial oppression.
About Wiley Rein LLP
Wiley Rein LLP is a preeminent law firm in Washington, DC that has earned international esteem by achieving legal, regulatory, and policy successes for many of the world’s leading companies, organizations, and startups. The firm is consistently recognized for its strong commitment to pro bono work and service to the community, providing exceptional legal representation to support clients in achieving justice and equity.
PRESS RELEASE: DRM and Partners Reach Agreement with Baltimore City to Improve Sidewalks and Ramps for People with Mobility Disabilities
December 18, 2024—Baltimore, MD— Disability Rights Maryland (DRM) and their legal partners Disability Rights Advocates, Fox & Robertson, and Goldstein, Borgen, Dardarian & Ho, on behalf of a class of pedestrians with mobility disabilities, have reached a partial agreement with the City of Baltimore to make sidewalks and curb ramps more accessible for people with mobility disabilities. This is part of a class-action lawsuit called Goodlaxson, et al. v. Mayor and City Council of Baltimore (Case No. 1:21-cv-01454-JKB).
In 2021, DRM and their legal partners filed the lawsuit on behalf of several individuals and organizations, including Susan Goodlaxson, Janice Jackson, Keyonna Mayo, and the IMAGE Center of Maryland. We argued that Baltimore City failed to follow federal disability laws because many of its sidewalks and curb ramps were not built or maintained to be accessible, making it harder for people with disabilities to safely travel around Baltimore and take part in community life.
Baltimore City’s own data shows the issue is widespread. A 2019 review found that only about 1.3% of surveyed curb ramps met ADA (Americans with Disabilities Act) standards. Many sidewalks were also damaged or too narrow for wheelchairs and other mobility devices, forcing people with disabilities to use the street alongside traffic, which is dangerous.
This lawsuit aimed to help everyone with mobility disabilities who has had trouble using Baltimore’s sidewalks, curb ramps, and pedestrian pathways because they were too steep, narrow, or damaged. The agreement, known as a partial consent decree, is a step toward fixing these issues. Starting in the third year of the agreement, the parties will work on a long-term plan to make all sidewalks and ramps accessible.
What Baltimore City Has Agreed to Do:
- Spend $44–50 Million Over Four Years
The City will repair or build thousands of curb ramps and fix tens of thousands of square feet of sidewalks. - Focus on Key Areas First
Improvements will start in important places like government offices, transportation hubs, hospitals, and business areas, especially in high-need neighborhoods. - Improve the 3-1-1 System
People with mobility disabilities can use the City’s 3-1-1 system to report broken sidewalks or ramps. Baltimore City will:- Investigate issues within 60 days.
- Provide a timeline for fixing the issue within 10 days after the investigation.
- Aim to fix the problem within nine months.
- Quickly respond to complaints about puddles forming on ramps.
- Hire ADA Coordinators
Baltimore will appoint coordinators to ensure the repairs meet ADA standards. - Raise Awareness
The City will educate the public about keeping sidewalks and ramps clear of snow and debris, especially near bus stops and public transportation. - Create a Public Database
Baltimore City will maintain an online system to track the conditions of sidewalks and curb ramps.
Why This Matters
This agreement is a big step toward making Baltimore a more accessible city for everyone. It addresses the immediate needs of the plaintiffs and sets an example for improving accessibility. Residents with mobility disabilities, and all residents, are encouraged to use 3-1-1 to report sidewalk and ramp problems. You can mention your mobility disability when reporting so repairs can be prioritized. You can report issues by calling 3-1-1 or using the website.
The Court has scheduled a Fairness Hearing for March 27, 2025 at 11:00 a.m. It will be held in person at:
United States District Court
District of Maryland, Courtroom 5A
101 West Lombard Street
Baltimore, MD 21201
Cayla Calderwood: Uniting Skills for Change
Why did you choose to take a pro bono case with DRM?
Taking a pro bono case offers a chance to collaborate with colleagues outside my usual circles. Working with diverse groups within Sidley Austin LLP has been particularly rewarding. It allows me to contribute my expertise while learning from others in different practices – like healthcare, securities, and litigation. It’s an opportunity to broaden my professional network while making a meaningful difference.
How has your pro bono work with DRM impacted you?
Working with DRM has been an eye-opening experience, especially coming from the West Coast. I assumed DRM worked primarily in Baltimore because that’s where the office is, but some of the communities that I’ve been working with most closely are right next to where I live in D.C.. I’ve gained a deeper understanding of the diverse communities in Maryland and the socio-economic landscape of the region. It’s helped me integrate into my new surroundings.
What’s it like collaborating with DRM on cases?
Sidley Austin LLP and DRM complement each other well. We come with a specialized skill set and DRM comes with the subject matter expertise. For example, as we design our case, DRM can tell us the strategic things that we should be aware of. While we could spend hours conducting case law research, they can quickly pinpoint key factors and relevant precedents in disability law. That makes the work go so much faster and easier. That’s been pretty fantastic.
What would you say to others who are considering volunteering with DRM?
I was nervous to start working on this case because my background wasn’t in the substantive underlying areas of law. But you don’t need to be an expert to contribute significantly.
Also, in my experience, it’s been fairly easy to make a pretty big impact with not that many hours. There’s been some very discreet, easily tackleable, and fascinating legal questions. Just having somebody spend 10 dedicated hours diving through every aspect of the legal question and then bringing the results back to the DRM team can make a world of difference.
Anything else you would like to add?
The cases that DRM takes can be pretty heart wrenching. It’s emotionally taxing at times, but it feels good at the end of the day when I’ve spent a chunk of my time working on something that I know is going to have an immediate and tangible impact for somebody. I’ve developed a profound respect for the DRM attorneys who navigate these challenging situations daily. Their dedication inspires me professionally and personally.
About Cayla
Cayla Calderwood, Managing Associate at Sidley Austin LLP, is an accomplished lawyer with significant experience navigating complex legal landscapes and achieving favorable outcomes in high-stakes litigation. Cayla focuses her practice on litigating complex matters in federal courts across the United States, including alleged violations of the U.S. Clean Air Act, enforcement of international arbitration awards, prosecuting disputes related to project financing, and coordinating complex e-discovery issues. Known for her meticulous approach, Cayla has experience developing legal claims, drafting and filing initial proceedings, conducting in-depth research, and skillfully drafting motions. Her experience extends to leading complex document discovery, coordinating with expert witnesses, negotiating with opposing counsel, and advising clients on trial risks.
Learn more on Sidley Austin LLP’s website (link opens to external webpage).
Nonpartisan Voting Rights Organizations Unite to Provide Hotlines, Resources, and Rides To the Polls
ANNAPOLIS, MD – Two Maryland voting rights coalitions – Everyone Votes Maryland and Expand the Ballot, Expand the Vote – have been extremely busy preparing for Election Day and ensuring that every Marylander knows their voting rights!
Below are some resources put together by coalition members to make sure that everyone has access to their fundamental right to vote. Coalition members coordinate and collaborate between hotlines to cover the entirety of Maryland and provide options for people who may be more comfortable calling one hotline over another.
Common Cause MD, state lead for 866-OUR-VOTE (866-687-8683)
866-OUR-VOTE is running a national election protection hotline for individual voters to ask questions and get more information about their voting options. The hotline is open from 9:00am (EDT) to 11:59 pm Monday through Friday and 10:00 am to 9:00pm on weekends. Their website also provides Maryland-specific information: https://866ourvote.org/state/maryland/
There will also be nearly 200 trained nonpartisan 866-OUR-VOTE volunteers monitoring polling locations in the largest precincts on Election Day. These volunteers assist with answering MD voter questions outside of the polls and report issues to the hotline and Common Cause MD.
ACLU-MD’s Election Protection Hotline: (667) 219-2625
ACLU-MD is running an election protection hotline to help Maryland voters with questions and concerns about voting in Maryland. Hotline staff can provide information about voter eligibility, voter registration, voting by mail, early voting, Election Day, drop boxes, and more. During early voting, 10/24 to 10/31, the hotline is open from 9:00am to 5:00pm. On Election Day, 11/5, the hotline is open from 7:00am to 8:00pm. More info at https://www.aclu-md.org/en/know-your-rights/voter-empowerment.
League of Women Voters of Montgomery County’s Hotline: (301) 984-9585
LWV Montgomery County is running a hotline on weekdays until Election Day, 11/5. Assistance is available in English from 10:00am to 4:00pm and in Spanish from 4:00pm to 7:00pm.
Disability Rights Maryland’s Hotline: (443) 692-2512 or Voting@DisabilityRightsMD.org
DRM is running an election protection hotline to provide voter assistance at the polls and help solve issues impacting people with disabilities. Staff are available to answer questions about accessible voting machines, access to ballots, and any accessibility challenges at polling sites. More info at: https://disabilityrightsmd.org/voting-2/
Expand the Ballot, Expand the Vote Outreach and GOTV
Expand the Ballot is campaigning to empower all Marylanders, with particular focus on those directly impacted by the criminal justice system. To do so, the coalition has engaged in street canvassing, held voter registration drives, and provided transportation to polling stations. This campaign is designed to ensure that individuals know they are eligible to vote even if they are in pre-trial detention, in a facility for a misdemeanor, or on parole or probation after their release. See more about the mission and purpose of the coalition below.
Life After Release and Black Voters Matter Street Canvassing
Life After Release is hitting the streets in Prince George’s County and Baltimore City in Black Voters Matters vans, visiting courthouses and community events to encourage community members to register to vote. The vans provide education, voter registration, and transportations to the polls. Street canvassing fosters genuine and impactful conversations, which are crucial for building trust among those who may feel excluded from the political process.
Need a ride to the polls?
Maryland Justice Project is providing rides to the polls in the Baltimore area. To request a ride, call 443-462-9271.
Maryland League of Conservation Voters Education Fund
Maryland LCV Education Fund is targeting GOTV efforts in Maryland to communities with high Latino populations that are traditionally underserved and overburdened. Our Chispa Maryland team has conducted outreach in communities that are defined by the Maryland General Assembly as “environmental justice” communities. The Fund has also created an online Voter Tool that creates a one-stop shop for eligible individuals to register to vote, find polling locations, request a mail-in ballot, and more. Learn more at: https://www.marylandconservation.org/elections or in Spanish at: https://www.marylandconservation.org/elections-2
National Multi-Language Hotlines
Spanish/English: 888-VE-Y-VOTA (888-839-8682)
Asian Languages/English: 888-API-VOTE (888-274-8683)
Arabic/English: 844-YALLA-US (844-925-5287)
About Expand the Ballot, Expand the Vote:
The Expand the Ballot Coalition consists of numerous organizations that have come together to stop voter suppression, ensuring that people who are currently and formerly incarcerated are aware of their right to vote and have access to voting regardless of their circumstances. Organizations in the coalition include Out for Justice, Life After Release, Maryland Justice Project, League of Women Voters, NAACP, Common Cause, Disability Rights Maryland, H.O.P.E., Campaign Legal Center, and ACLU of Maryland.
About Everyone Votes Maryland:
Everyone Votes is a coalition of good government, civil rights, environmental, labor, and grassroots organizations working toward increasing access to the ballot in Maryland
