Mississippi Today
‘Mississippi chose to fight’: Court overturns Justice Department efforts to overhaul state’s mental health system
A dozen years after the Department of Justice first sent Mississippi a letter detailing shortcomings in its mental health system, the state may have finally beaten the federal agency.
A federal appeals court ruled Tuesday that a district judge erred in determining that the Mississippi mental health system violated the civil rights of adults with serious mental illness and in imposing a remedial order that required the state to expand a range of services, from crisis response to supported housing.
The Department of Justice sued the state in 2016, arguing the failure to provide mental health services that people could access in their communities resulted in them being involuntarily committed to state hospitals for treatment over and over again. U.S. District Judge Carlton Reeves sided with the DOJ in 2019, and in 2021 approved the remedial order and appointed a monitor to evaluate the state’s compliance.
The conservative three-judge panel at the United States 5th Circuit Court of Appeals overturned all of that. The panel found that the DOJ’s claim that adults with serious mental illness in Mississippi were “at risk” of institutionalization was not sufficient to prove discrimination under the Americans with Disabilities Act.
“The possibility that some un-named individual with serious mental illness or all such people in Mississippi could be unjustifiably institutionalized in the future does not give rise to a cognizable claim under Title II [of the Americans with Disabilities Act],” Judge Edith Jones wrote for the panel. “Nor does such a vague and standardless theory license courts under the ADA to rework an entire state’s mental health system.”
In a statement, Wendy Bailey, executive director of the Department of Mental Health, said the agency would continue working to expand community services and decrease hospitalizations.
Credit: Eric Shelton/Mississippi Today
She said that over the last decade, the department has shifted legislative funding from the state hospitals to the community mental health centers. The state’s 11 regional centers are supposed to provide routine therapy and medication as well as intensive outpatient services for people with very serious mental illness. They also operate crisis stabilization units that can provide short-term inpatient treatment instead of state hospitals.
The department plans to use federal American Rescue Plan Act funds to continue expanding services. All of those funds must be spent by the end of 2026.
Bailey also said the department would continue to share data on the new services, which had been required by the remedial order.
A spokesperson for the Department of Justice declined to comment. It’s unclear whether the agency will appeal the decision.
Megan Schuller, legal director at the Bazelon Center for Mental Health Law, said other federal appeals courts have agreed that people who are “at risk” of unnecessary institutionalization can bring a claim under the ADA (the Fifth Circuit panel also cited those decisions in a footnote).
“It’s sort of a perverse approach, to say that… if you know that you are at serious risk of institutionalization, that you can’t challenge that until you’re already institutionalized and have suffered the harm,” she said of the Fifth Circuit panel’s ruling.
Are community services available?
In recent years, the state rolled out additional mobile crisis services and intensive treatment teams across the state. These services are run by the community mental health centers, which are certified by DMH but operate independently.
The most recent report by the court-appointed independent monitor, Michael Hogan, concluded that “foundational elements” like funding of services and data reporting were in place, but people were not always able to access care when they needed it and some still wait in jail without charges for treatment.
“The structural aspects of change have been addressed, but the system is not yet working for all people the way it should,” Hogan wrote.
Some of the data DMH has gathered so far indicates wide variance in services across the community mental health centers.
For example, some of the intensive treatment teams served fewer than half the number of clients they had capacity to treat in the first three quarters of fiscal year 2023, according to data Mississippi Today obtained through a public records request. One with the staff to serve 90 people actually treated just 36.
The services are supposed to help people access treatment so they don’t need to be hospitalized through the civil commitment process.
A recent Mississippi Today/ProPublica investigation found that from 2019 through 2022, at least 2,000 people were jailed without charges while they awaited evaluation and treatment through the state’s civil commitment process. Local chancery court officials and law enforcement said they wanted to place those people in crisis stabilization units for treatment, but that the facilities are often full or reject people because they are too “violent,” have a medical issue or need a higher level of care.
The state has expanded Crisis Stabilization Unit beds from 128 in 2018 to 180 today, with plans to open more.
Adams County Sheriff Travis Patten, who testified during the 2019 trial, said the CSU that opened in his area in 2021 hasn’t reduced the number of people held in his jail during the civil commitment process because the facility refused to admit them except in rare circumstances.
In late August, Lacey Handjis, a 37-year-old mother, died in Patten’s jail while detained there – with no criminal charges – during civil commitment proceedings. Her death is under investigation by the Mississippi Bureau of Investigation.
Patten said the Fifth Circuit ruling was “disheartening.”
“I’m not pointing the finger at anyone saying it’s their fault, but I am saying that you are judged by how you treat the least of them, and this state can do a lot better in terms of the treatment that is offered and supplied to our mental health consumers,” he said.
Advocates in Mississippi expressed disappointment with the ruling.
Polly Tribble, executive director of Disability Rights Mississippi – the state’s protection and advocacy agency for people with disabilities – said in a statement that Mississippians with mental illness are still unnecessarily institutionalized.
“If Mississippi was making improvements to its mental healthcare system, as the state has claimed, in conjunction with the order, why did the state feel the need to appeal?” she said. “Shouldn’t it be everyone’s hope that people with mental illness are receiving the care they need in the best environment for positive outcomes, no matter who is dictating it?”
Melody Worsham, a certified peer support specialist who lives with a mental illness and testified at the 2019 trial, said she worries that without federal oversight, the Legislature won’t be willing to continue funding expanded mental health services.
“My educated gut right now talking to you is that that’s what they’re gonna do in the Legislature: ‘We don’t have to do this anymore,’” she said. “‘The court case isn’t here anymore, so we can do whatever we want. I don’t want to fund that anymore. We’re just going to reduce the budget and you’ll just have to figure it out.’”
National implications?
The Department of Justice suit in Mississippi was one of dozens of actions the agency has taken to enforce the “integration mandate” of the ADA established by the U.S. Supreme Court in Olmstead v. L.C. In that case, the nation’s highest court ruled that institutionalizing people and depriving them of the chance to live in their communities constitutes discrimination. The Justice Department has relied on that precedent to sue states to force them to provide community services for people with mental illness.
At the Fifth Circuit, Mississippi argued that the remedial order “raises fundamental federalism problems by permitting the district court and the United States to micromanage a State’s mental-health system.”
Mississippi Department of Mental Health Board Chairman Stewart Rutledge said in a statement that those lawsuits had overstepped.
“Mississippi chose to fight,” he said. “And we fought for our citizens who desperately need mental health services. Conversely, the US Department of Justice spent the last twenty years bleeding mental health systems nationwide in bare pursuit of a win. Mississippi took a huge risk standing up to this bullying, but with this victory, Mississippi – and the rest of the states – can put their full resources back toward serving our fellow citizens in need.”
The Attorney General’s Office, which argued the case at the Fifth Circuit, said the lower court’s ruling “gave the federal government the ability to dictate the way Mississippi provides mental healthcare to its citizens” and cheered its overturning.
Joy Hogge, executive director of Families As Allies, pointed out that the district court’s requirements for the Department of Mental Health were substantially similar to what the department proposed. The state’s response to the lawsuit “was about Mississippi making it clear that the federal government can’t tell it what to do,” she said.
“That being said, there are more services in place than there were, and DMH has set up a system to monitor them,” she said. “I hope all that continues.”
Schuller, the legal director for the Bazelon Center, pointed out that the ruling is controlling only in the Fifth Circuit.
The Department of Justice could request a rehearing by all the judges of the Fifth Circuit.
It could appeal to the United States Supreme Court, but a loss there could have major ramifications for the enforcement of the ADA around the country.
“There’s a danger in any litigation and I would certainly say looking at the court right now, disability rights advocates and Olmstead litigators would oppose DOJ appealing that to the Supreme Court,” Schuller said. “I would certainly hope that they would not.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
President Donald Trump on Tuesday nominated Baxter Kruger to become Mississippi’s new U.S. attorney in the Southern District and Scott Leary to become U.S. attorney for the Northern District.
The two nominations will head to the U.S. Senate for consideration. If confirmed, the two will oversee federal criminal prosecutions and investigations in the state.
Kruger graduated from the Mississippi College School of Law in 2015 and was previously an assistant U.S. attorney for the Southern District. He is currently the director of the Mississippi Office of Homeland Security.
Sean Tindell, the Mississippi Department of Public Safety commissioner, oversees the state’s Homeland Security Office. He congratulated Kruger on social media and praised his leadership at the agency.
“Thank you for your outstanding leadership at the Mississippi Office of Homeland Security and for your dedicated service to our state,” Tindell wrote. “Your hard work and commitment have not gone unnoticed and this nomination is a testament to that!”
Leary graduated from the University of Mississippi School of Law, and he has been a federal prosecutor for most of his career.
He worked for the U.S. Attorney’s Office in the Western District of Tennessee in Memphis from 2002 to 2008. Afterward, he worked at the U.S. Attorney’s Office for the Northern District of Mississippi in Oxford, where he is currently employed.
Leary told Mississippi Today that he is honored to be nominated for the position, and he looks forward to the Senate confirmation process.
This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The post Trump nominates Baxter Kruger, Scott Leary for Mississippi U.S. attorney posts appeared first on mississippitoday.org
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Centrist
This article presents a straightforward news report on President Donald Trump’s nominations of Baxter Kruger and Scott Leary for U.S. attorney positions in Mississippi. It focuses on factual details about their backgrounds, qualifications, and official responses without employing loaded language or framing that favors a particular ideological perspective. The tone is neutral, with quotes and descriptions that serve to inform rather than persuade. While it reports on a political appointment by a Republican president, the coverage remains balanced and refrains from editorializing, thus adhering to neutral, factual reporting.
After more than 10 months closed due to mold, asbestos and issues with the air conditioning system, Thalia Mara Hall has officially reopened.
Outgoing Mayor Chokwe A. Lumumba announced the reopening of Thalia Mara Hall during his final press conference held Monday on the arts venue’s steps.
“Today marks what we view as a full circle moment, rejoicing in the iconic space where community has come together for decades in the city of Jackson,” Lumumba said. “Thalia Mara has always been more than a venue. It has been a gathering place for people in the city of Jackson. From its first class ballet performances to gospel concerts, Thalia Mara Hall has been the backdrop for our city’s rich cultural history.”
Thalia Mara Hall closed last August after mold was found in parts of the building. The issues compounded from there, with malfunctioning HVAC systems and asbestos remediation. On June 6, the Mississippi State Fire Marshal’s Office announced that Thalia Mara Hall had finally passed inspection.
“We’re not only excited to have overcome many of the challenges that led to it being shuttered for a period of time,” Lumumba said. “We are hopeful for the future of this auditorium, that it may be able to provide a more up-to-date experience for residents, inviting shows that people are able to see across the world, bringing them here to Jackson. So this is an investment in the future.”
In total, Emad Al-Turk, a city contracted engineer and owner of Al-Turk Planning, estimates that $5 million in city and state funds went into bringing Thalia Mara Hall up to code.
The venue still has work to be completed, including reinstalling the fire curtain. The beam in which the fire curtain will be anchored has asbestos in it, so it will have to be remediated. In addition, a second air-conditioning chiller needs to be installed to properly cool the building. Until it’s installed, which could take months, Thalia Mara Hall will be operating at a lower seating capacity of about 800.
“Primarily because of the heat,” Al-Turk said. “The air conditioning would not be sufficient to actually accommodate the 2,000 people at full capacity, but starting in the fall, that should not be a problem.”
Al-Turk said the calendar is open for the city to begin booking events, though none have been scheduled for July.
“We’re very proud,” he said. “This took a little bit longer than what we anticipated, but we had probably seven or eight different contractors we had to coordinate with and all of them did a superb job to get us where we are today.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The post Jackson’s performing arts venue Thalia Mara Hall is now open appeared first on mississippitoday.org
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Centrist
The article presents a straightforward report on the reopening of Thalia Mara Hall in Jackson, focusing on facts and statements from city officials without promoting any ideological viewpoint. The tone is neutral and positive, emphasizing the community and cultural significance of the venue while detailing the challenges overcome during renovations. The coverage centers on public investment and future prospects, without partisan framing or editorializing. While quotes from Mayor Lumumba and a city engineer highlight optimism and civic pride, the article maintains balanced, factual reporting rather than advancing a political agenda.
Mississippi Today
‘Hurdles waiting in the shadows’: Lumumba reflects on challenges and triumphs on final day as Jackson mayor
On his last day as mayor of Jackson, Chokwe Antar Lumumba recounted accomplishments, praised his executive team and said he has no plans to seek office again.
He spoke during a press conference outside of the city’s Thalia Mara Hall, which was recently cleared for reopening after nearly a year of remediation. The briefing, meant to give media members a peek inside the downtown theater, marked one of Lumumba’s final forays as mayor.
Longtime state Sen. John Horhn — who defeated Lumumba in the Democratic primary runoff — will be inaugurated as mayor Tuesday, but Lumumba won’t be present. Not for any contentious reason, the 42-year-old mayor noted, but because he returns to his private law practice Tuesday.
“I’ve got to work now, y’all,” Lumumba said. “I’ve got a job.”
Thalia Mara Hall’s presumptive comeback was a fitting end for Lumumba, who pledged to make Jackson the most radical city in America but instead spent much of his eight years in office parrying one emergency after another. The auditorium was built in 1968 and closed nearly 11 months ago after workers found mold caused by a faulty HVAC system – on top of broken elevators, fire safety concerns and vandalism.
“This job is a fast-pitched sport,” Lumumba said. “There’s an abundance of challenges that have to be addressed, and it seems like the moment that you’ve gotten over one hurdle, there’s another one that is waiting in the shadows.”
Outside the theater Monday, Lumumba reflected on the high points of his leadership instead of the many crises — some seemingly self-inflicted — he faced as mayor.
He presided over the city during the coronavirus pandemic and the rise in crime it brought, but also the one-two punch of the 2021 and 2022 water crises, exacerbated by the city’s mismanagement of its water plants, and the 18-day pause in trash pickup spurred by Lumumba’s contentious negotiations with the city council in 2023.
Then in 2024, Lumumba was indicted alongside other city and county officials in a sweeping federal corruption probe targeting the proposed development of a hotel across from the city’s convention center, a project that has remained stalled in a 20-year saga of failed bids and political consternation.
Slated for trial next year, Lumumba has repeatedly maintained his innocence.
The city’s youngest mayor also brought some victories to Jackson, particularly in his first year in office. In 2017, he ended a furlough of city employees and worked with then-Gov. Phil Bryant to avoid a state takeover of Jackson Public Schools. In 2019, the city successfully sued German engineering firm Siemens and its local contractors for $89 million over botched work installing the city’s water-sewer billing infrastructure.
“I think that that was a pivotal moment to say that this city is going to hold people responsible for the work that they do,” Lumumba said.
Lumumba had more time than any other mayor to usher in the 1% sales tax, which residents approved in 2014 to fund infrastructure improvements.
“We paved 144 streets,” he said. “There are residents that still are waiting on their roads to be repaved. And you don’t really feel it until it’s your street that gets repaved, but that is a significant undertaking.”
And under his administration, crime has fallen dramatically recently, with homicides cut by a third and shootings cut in half in the last year.
Lumumba was first elected in 2017 after defeating Tony Yarber, a business-friendly mayor who faced his own scandals as mayor. A criminal justice attorney, Lumumba said he never planned to seek office until the stunning death of his father, Chokwe Lumumba Sr., eight months into his first term as mayor in 2014.
“I can say without reservation, and unequivocally, we remember where we started. We are in a much better position than we started,” Lumumba said.
Lumumba said he has sat down with Horhn in recent months, answered questions “as extensively as I could,” and promised to remain reachable to the new mayor.
This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.
The post 'Hurdles waiting in the shadows': Lumumba reflects on challenges and triumphs on final day as Jackson mayor appeared first on mississippitoday.org
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Center-Left
The article reports on outgoing Jackson Mayor Chokwe Antar Lumumba’s reflections without overt editorializing but subtly frames his tenure within progressive contexts, emphasizing his self-described goal to make Jackson “the most radical city in America.” The piece highlights his accomplishments alongside challenges, including public crises and a federal indictment, maintaining a factual tone yet noting contentious moments like labor disputes and governance issues. While it avoids partisan rhetoric, the focus on social justice efforts, infrastructure investment, and crime reduction, as well as positive framing of Lumumba’s achievements, aligns with a center-left perspective that values progressive governance and accountability.
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