Davis v. Watkins, C 73-205.

• Citation: 384 F. Supp. 1196
• Decision Date: 09 September 1974
• Docket Number: No. C 73-205.,C 73-205.
• Parties: John A. DAVIS, Indiv. and on behalf of all others similarly situated, et al., Plaintiffs, v. Paul WATKINS, Indiv. and in official capacity, et al., Defendants.
• Court: U.S. District Court — Northern District of Ohio

384 F. Supp. 1196

John A. DAVIS, Indiv. and on behalf of all others similarly situated, et al., Plaintiffs, v. Paul WATKINS, Indiv. and in official capacity, et al., Defendants.

No. C 73-205.

United States District Court, N. D. Ohio, W. D.

September 9, 1974.

Gerald B. Lackey, Toledo, Ohio, and C. Thomas McCarter, Joseph F. Vargyas, John C. Lamb and R. Michael Frank, A.B.L.E., Toledo, Ohio, for plaintiffs.

William T. Brown, Atty. Gen., Andrew J. Ruzicho, Barbara Rouse, Richard B. Igo, Asst. Attys. Gen., Columbus, Ohio, John Czarnecki, Toledo, Ohio, for defendants.

J. Stanley Pottinger, Asst. Atty. Gen., Michael S. Lottman and Michelle C. White, Attys., Civil Rights Div., U. S. Dept. of Justice, Washington, D. C., Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, for the United States, amicus curiae.

ORDER

WALINSKI, District Judge.

This cause came to be heard on joint oral motions for partial summary judgment pursuant to Rule 56(e), Federal Rules of Civil Procedure, and on a motion sua sponte for partial judgment following a hearing before the Court on August 26, 1974, through August 30, 1974. Brought as a class action, this suit seeks to secure, for those patients, present and future, of Lima State Hospital, the so-called Right-to-Treatment. The defendants have admitted, in their answer, that such a right exists and have called upon the Court to define its parameters within this factual setting.

Although the Court intends to issue a further order supplementing this one in which that bundle of Constitutional rights guaranteed to involuntary mental patients will be more extensively discussed, it should be sufficient at this juncture to indicate that it agrees with the parties that the State, upon committing an individual "until he regains his sanity", incurs a responsibility to provide such care as is reasonably calculated to achieve that goal. The Court has carefully studied the opinion of Judge Johnson in Wyatt v. Stickney, 344 F.Supp. 373, 344 F.Supp. 387 (M.D.Ala.1972), 325 F.Supp. 781 (M.D.Ala.1971 appeal pending 5th Cir.), and agrees almost totally with the reasoning of that case and the remedies announced therein Many of these paragraphs have been excerpted verbatim from that opinion.

The subsequent Order referred to above will deal with the twenty-three (23) issues outlined in the Court's Order of August 20, 1974, as reserved for trial as well as general conclusions of law and findings of fact.

The Court would like to take this opportunity to commend the attorneys who participated in this action. Although conducted in the true adversary manner, these proceedings were marked with the spirit of cooperation and full disclosure contemplated by the Federal Rules of Civil Procedure. It is almost inconceivable that a case of this complexity, yielding literally reams of discovery, stipulations of fact running to some one hundred and thirty-five pages, as well as countless legal memoranda could have been completed, from the date of filing to the completion of trial, in less than sixteen months.

Although everyone who participated in this action deserves commendation, the Court would like particularly to point out the contribution of Advocates for Basic Legal Equality, a local legal services group. They entered the action upon a simple letter of request from the Court, at a point at which it had become apparent that it was not humanly possible for the private attorney, originally appointed, to single-handedly maintain this cause without sacrificing his entire practice. They entered with no hope or promise of compensation and pointedly reemphasized, by their ability and diligence, the very real benefit such groups can afford the communities in which they operate. The private bar, however well-intentioned, cannot be expected to bring to bear the massive amounts of sophisticated legal manpower necessary to pursue an action such as this.

The attitude and performance of the public officials involved herein likewise deserve mention. Both the offices of Governor John Gilligan and Ohio Attorney General William Brown were extremely cooperative in providing the Court with the volumes of research data and alternative proposals so helpful in reaching a decision herein.

It therefore appearing to the Court that the press of time requires at least an interim Order at this time and the evidence adduced allows the following, it is

Ordered that the defendants immediately implement a program at Lima State Hospital that complies with the attached Appendix A, Pages 1 through 32, of this Order.

APPENDIX A

I. DEFINITIONS AND OCCUPATIONAL GUIDELINES

For purposes of this Order, the Court will adopt and use the following definitions:

1) Institution — Lima State Hospital.

2) Patient or Resident — All persons who are now confined and persons who may in the future be confined at Lima State Hospital.

3(A) Qualified Mental Health Professional shall include the following:

a. A unit director shall be a psychiatrist who is Board Certified in the field of psychiatry with four (4) years in mental health administration or who has a master's degree in hospital administration and four (4) years experience in the administration of a mental hospital.

b. A psychiatrist shall be a physician licensed to practice medicine by the State of Ohio with three (3) years of residency training in psychiatry.

c. A social worker shall have a master's degree in social work (M.S.W.) from an accredited university and meet the minimum requirements for certification by the Academy of Certified Social Workers and two (2) years clinical experience in the treatment of mentally ill individuals under the supervision of a qualified mental health professional.

d. A registered nurse shall be so licensed by the State of Ohio and have at least two (2) years of clinical experience in the treatment of mentally ill individuals under the supervision of a qualified mental health professional.

e. Consultant shall mean an individual who possesses the qualifications for a qualified mental health professional, supra, depending on his or her profession.

(In addition to any qualifications set out in "a" through "e" above, anyone qualifying as a "qualified mental health professional" must demonstrate a sufficient degree of proficiency in the English language so that they are able to communicate effectively with patients.)

3(B) Non Professional Staff Member shall be those employees, including "psychiatric technicians" and others, who do not meet the requirements of a qualified mental health professional, yet whose duties require patient contact as an integral part of their employment at Lima State Hospital.

a. A physician shall be licensed to practice medicine in the State of Ohio.

b. An educational counsellor shall be so certified by the State of Ohio having graduated with a bachelor's degree with a major in the area in which they are teaching.

3(C) Support Personnel shall include those staff members whose duties do not require direct care of patients (maintenance, etc.).

3(D) Pharmacists shall perform duties which include, but are not limited, to the following:

a. Receiving the original, or direct copy of the physician's drug treatment order.

b. Reviewing the drug regimen, and any changes for potentially adverse reactions, allergies, interactions, contraindications, rationality, and laboratory test modifications and advising the physician of any recommended changes, with reasons and with an alternate drug regimen.

c. Maintaining for each resident an individual record of all medication (prescription and nonprescription), including quantities and frequencies of refills.

d. Participating in the continuing interdisciplinary evaluation of individual residents for the purposes of initiation, monitoring, and follow-up of individualized habilitation program.

e. Labelling each medication vial with the name of the patient, the drug and dosage.

4) Evaluation team means those persons commissioned by the Ohio Department of Mental Health and Mental Retardation to evaluate the mental condition and need for further confinement and treatment of the patients committed to Lima State Hospital. There shall be at least three (3) evaluation teams composed of at least three (3) persons, of whom one must be a Board Certified psychiatrist, or at least Board Eligible. Other members of the team may be a clinical psychologist with at least a Ph.D in psychology or a social worker with at least a M.S.W. degree. The Department shall have the discretion to appoint the team within those guidelines. The Department shall make reasonable efforts to appoint individuals to the team who are not employed by the Department of Mental Health and Mental Retardation. After selection of the teams by the Department, any party may object in writing to the selection of any member of the team by filing a motion in Court setting forth the reasons for each objection. In the event parties cannot agree upon individuals to comprise the teams, the parties shall submit a list of names, together with appropriate data on each to the Court, within fifteen (15) days from the date of this Order, and the Court shall hold a hearing to designate the individuals to comprise each team.

5) Hearing, unless otherwise indicated, means a proceeding to determine whether an individual is:

a. Mentally ill or mentally retarded, and

b. That there is an extreme likelihood that if the individual is not confined he will do immediate harm to himself or to others, and

c. In need of placement in a maximum security psychiatric facility as defined infra.

Such determination shall be made beyond a reasonable doubt and the burden of proof shall be upon the person, agency or officials seeking commitment. The individual involved shall be given notice and an opportunity to be heard, and shall have the right to be represented by plaintiffs' counsel or their designee if the individual is unable to afford counsel.

6) In need of placement in a maximum...