North Carolina Disability Rights has filed a lawsuit against the state’s Department of Health and Human Services in federal court, accusing the agency of violating the civil rights of incarcerated individuals by subjecting them to long waits for mental health care in jails and prisons. The lawsuit specifically cites the case of Devonte Watson, who was found to be unable to assist in his own defense after being incarcerated for assaulting a law enforcement officer in 2022. Despite being required by state law to receive mental health care in order to advance his case, Watson spent over 600 days in a Cleveland County jail before being admitted to a state psychiatric hospital.
The lawsuit argues that these long waits not only violate the civil rights of those with mental illness but also contravene both the Americans with Disabilities Act and the Rehabilitation Act. One key factor highlighted in the complaint is the lack of available beds in North Carolina’s psychiatric hospitals, resulting in defendants with mental disabilities waiting an average of nearly five months to be placed in a facility.
In response to this issue, the Department of Health and Human Services has acknowledged that current wait times for a bed are approximately 159 days or just over five months and has implemented measures to address it. For example, a ten-person restoration unit has been established in Mecklenburg jail with plans for another unit to start operating soon in Wake county. The American Civil Liberties Union (ACLU) has also joined the lawsuit, urging a federal court to compel North Carolina to develop a plan for decreasing wait times for mental health care services.
