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Lawsuit Alleges Cruel and Unusual Conditions in State Prisons and Violations of Rights of People with Serious Mental Illness Held in Segregation

Lawsuit Alleges Cruel and Unusual Conditions in State Prisons and Violations of Rights of People with Serious Mental Illness Held in Segregation

Old prison in Denmark

FOR IMMEDIATE RELEASE: November 18, 2021

Contact:

Munib Lohrasbi, MunibL@DisabilityRightsMD.org (443) 692-2491

Robin C. Murphy, RobinM@DisabilityRightsMD.org (410) 727-6352 ext. 2482

A lawsuit filed in federal court alleges that Maryland prison practices of confining individuals with serious mental illness in segregation violate the constitutional and federal rights of such individuals. Spending hour after hour in a steel and concrete cell the size of a parking space results in deterioration of health for persons with serious mental illness demonstrated by hallucinations, self-injurious behaviors, paranoia, increased anxiety, depression, aggression, social withdrawal, and serious risk of harms according to the lawsuit. The case, filed by Disability Rights Maryland, Inc. (DRM), represented by Venable LLP, states that individuals with serious mental health needs are receiving grossly inadequate health care and confined in cells for days and weeks at a time with little opportunity to engage in any meaningful activity. Some individuals have been kept in segregation for years. The lawsuit was filed against the Maryland Department of Public Safety and Correctional Services (DPSCS) and its officials in their official capacities and seeks injunctive relief.

“We continue to see firsthand the harm to Maryland’s incarcerated persons with serious mental illness, despite promised reforms,” stated Luciene Parsley, Legal Director at DRM. Citing to research, practices of other jurisdictions and a plethora of recommendations for best practices by organizations with expertise in these issues, including the National Commission on Correctional Health Care and the United States Department of Justice, all noting the serious harm inflicted upon individuals with serious mental illness subjected to segregation, DRM seeks to end the state’s practice of confining individuals with serious mental illness in segregated conditions and to instead establish humane conditions and programs. “Corrections officials across the country have recognized that confining people with serious mental health needs in segregation is inhumane and harmful. Providing alternative programs and services to meet basic health care needs is not a novel concept,” said Munib Lohrasbi, attorney with DRM. 

Michael Hecht of Venable LLP stated that they seek a remedy that will divert people with serious mental illness from harmful conditions in segregation units. “The State can fix these problems and we look forward to resolving our claims and ending practices that violate the Constitutional protections against cruel and unusual punishment.”

The Complaint can be viewed here.

Disability Rights Maryland, Inc. (DRM), a non-profit organization, is Maryland’s designated Protection & Advocacy Agency federally authorized to advance and protect the civil rights of individuals with disabilities. DRM works with people with disabilities to achieve full participation in community life, self-determination, equality, freedom from abuse and neglect, and access to civil rights.

Venable LLP is an American Lawyer Global 100 law firm headquartered in Washington, DC that serves as primary counsel to a worldwide clientele of large and mid-sized organizations, nonprofits, high-net-worth entrepreneurs, and other individuals. With more than 850 professionals across the country, including in California, Delaware, Illinois, Maryland, New York, Virginia, and Washington, DC, the firm strategically advances its clients’ objectives in the U.S. and around the globe. Venable, which is celebrating its 121st anniversary, advises clients on a broad range of business and regulatory law, legislative affairs, complex litigation, and the full range of intellectual property disciplines.

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Keyonna Mayo, Susan Goodlaxson & Janice Jackson Recipients of the 2022 Excellence in Advocacy Leadership Award

Keyonna Mayo, Susan Goodlaxson & Janice Jackson Recipients of the 2022 Excellence in Advocacy Leadership Award

Images of Keyonna Mayo, Susan Goodlaxson, and Janice Jackson. Behind each image is a blue, yellow, orange, and red box/border.

Baltimore, MDDisability Rights Maryland’s (DRM) clients Keyonna Mayo, Susan Goodlaxson, and Janice Jackson, who filed a class action lawsuit with the Image Center against Baltimore City for safe and equal access to the City’s sidewalks and streets for individuals with mobility disabilities, have been named the recipients of DRM’s 2022 Excellence in Advocacy Leadership Award, which will be presented to them at the 2022 Breaking Barriers Awards Gala on Thursday, May 12, 2022.

Excellence in Advocacy Leadership awardees are DRM community partners, who, in collaboration with DRM, act as agents of change through legislative, policy or litigation initiatives. They demonstrate outstanding determination and resolve in defending and enhancing the rights of people with disabilities to full inclusion and community access. Awardees bravely, selflessly, and publicly, leverage their own personal experiences to rectify the inequities of discrimination against people with disabilities by taking on the “system” fearlessly to secure equitable participation in all aspects of society.

Keyonna Mayo, Susan Goodlaxson, and Janice Jackson, are on the forefront of citizen-based disability advocacy to make Baltimore’s sidewalks accessible to all residents. “Two years ago, only 1.3% of our more than 37,000 City curb ramps were in compliance with the Americans with Disabilities Act,” stated Robin C. Murphy, DRM Executive Director. “The work to provide people with disabilities their basic right to freely travel outside of their home is well past due, 30 years overdue.”

DRM looks forward to celebrating with you the extraordinary accomplishments of its exceptional honorees as well as the life-altering work its staff does every single day of the year at our 2022 Breaking Barriers Awards Gala on Thursday, May 12. To learn more, click here.

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DRM’s Annual Advocacy Services Survey for 2022 is Online!

DRM's Annual Advocacy Services Survey
for 2022 is Online!

Please share with us what you see as the most important disability-related legal needs of people with disabilities in Maryland. This survey helps DRM prepare our 2022 Advocacy Services Plan – the areas where we focus our services to meet the important needs of our communities.

We want to hear from people with disabilities, family members, advocates, providers and encourage individuals facing multiple types of overlapping discrimination– based on disability, race, gender identity, sexual orientation, age, ethnicity, or other characteristics to reply.  

Deadline to return the survey is October 16th

If you need help filling out the survey please call DRM at 410-727-6352 (TTY 410-235-5387) and ask for Jacqueline.

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DRM Attorney Randi Ames Named 2021 MSBA Leadership Academy Fellow

DRM Attorney Randi Ames Named

2021 MSBA Leadership Academy Fellow

The Maryland State Bar Association (MSBA) has selected Disability Rights Maryland (DRM) Attorney Randi Ames to join the prestigious Leadership Academy as a Fellow. Randi is joining an impressive 2021-2022 cohort, made up of fifteen of Maryland’s most promising up-and-coming attorneys across a wide range of backgrounds and specialties. The opening ceremony took place earlier this week. Join us in congratulating Randi for this accomplishment and sending her best wishes as she continues through the Leadership Academy!

The Leadership Academy is a 12-month program focused on developing leaders in the legal field. The program provides its Fellows with a unique combination of training in areas ranging from public speaking and media relations to budgeting, a wealth of networking opportunities and events, and hands-on experience in the form of a public service project. 

Portrait of Randi Ames, a white woman with blonde hair, in a black shirt against a cream-colored background

Of all the wonderful  opportunities that the MSBA Leadership Academy offers, Randi is most excited about the public service project, which will be planned and implemented with a team of Fellows, offering them hands-on experience tackling legal issues in their communities. 

Past public service projects have including educating communities and vulnerable groups about labor trafficking, raising public awareness of the environmental degradation of the Chesapeake Bay, and providing children in foster care life and job skills to succeed as they age out of the foster care system.

We are incredibly proud of Randi’s work supporting fair housing, our clients with Developmental and Intellectual Disabilities (I/DD), and cases falling under the Victims of Crime Act (VOCA). She uniquely harnesses out-of-the-box thinking to make a significant impact in the lives of our clients and members of our community while working towards larger-scale systematic changes for people with disabilities.

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DRM Celebrates the 31st Anniversary of the ADA

DRM Celebrates the 31st Anniversary of the ADA

Red and blue text on a white background that reads "ADA 31, Americans with Disabilities Act. Celebrate the ADA! July 26, 2021." The years 1990-2021 are in a circle of red stars.

On the 31st anniversary of the Americans with Disabilities Act (ADA), Disability Rights Maryland (DRM) salutes its community, partners, and friends who were instrumental in forging and implementing this landmark legislation for people with disabilities. DRM is singularly proud of its accomplishments over the past year to actualize the principles of the ADA in Maryland, which include:

  • Prevented proposed budget cuts that would have eliminated 25% of existing bus routes, jeopardizing paratransit services to critical destinations including dialysis centers, mental health programs, occupational and physical therapy providers for over 30,000 paratransit riders, in collaboration with Consumers for Accessible Ride Services (CARS) and other advocates.
  • Achieved changes in subsidized housing operations of a large public housing agency to fund the creation of accessible, affordable rental housing.
  • Brought legal action against a major municipal jurisdiction in Maryland to obtain compliance for substantial ADA violations in maintaining curb ramps and sidewalks, with co-counsel, the Civil Rights Education and Enforcement Center (CREEC), Disability Rights Advocates (DRA) and Goldstein, Borgen, Dardarian & Ho (GBDH).
  • Filed complaint with the Maryland Department of Education (MSDE), which found the rights of students had been violated by a Maryland school district, and ordered individual, school-wide, and system-wide relief to remedy violations, in partnership with the Public Justice Center (PJC) and the Office of the Public Defender (OPD).
  • Hosted 23 Facebook Live events for parents of students with disabilities about their special education rights and protections during virtual learning due to the COVID pandemic.
  • Led a cross-disability network of advocates whose efforts resulted in the state of Maryland prioritizing people with intellectual and developmental disabilities (I/DD) and direct support professionals in the first phases of COVID vaccination distribution.
  • Advocated successfully for the Maryland Departments of Health (MDH) and Department of Disabilities (MDOD) to issue new guidance stating patients with disabilities needing in-person support, including those being treated for COVID, have the right to access support persons, and that support persons “are permitted to access restrooms, food, and drink while in the health care facility,” as part of a coalition of disability organizations.
  • Compelled psychiatric hospitals to develop technology enabling DRM to provide “Know Your Rights” presentations remotely during the COVID pandemic.
  • Investigated a large county’s public housing policies that only permitted individuals needing overnight care to have live-in aides, finding this policy conflicted with federal fair housing laws and other civil rights statutes for people with disabilities. As result, the county agreed to eliminate this overly-restrictive requirement.

Together, in partnership with you, DRM is committed to creating a world in which people with disabilities are fully included in the workplace, neighborhoods and all aspects of community life.

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