ST. PAUL, Minn. (KFGO-WCCO) — A newly filed lawsuit is asking for a temporary injunction to prevent from going into effect a new requirement that jails continue to administer medications to inmates that were prescribed before confinement.
The lawsuit filed in Minnesota on Thursday challenges the constitutionality of the newly enacted statute. Among those suing Department of Corrections Commissioner Paul Schnell are Crow Wing County Sheriff Eric Klang, Becker County Sheriff Todd Glander, Freeborn County Sheriff Ryan Shea, Pennington County Sheriff Seth Vettleson, the Minnesota Sheriff’s Association, St. Louis and Todd counties and multiple medical providers.
Correctional facilities’ “constitutional and statutory” obligation to provide adequate medical care to those in custody would be jeopardized, the lawsuit says, claiming that plaintiffs could be forced to give medications to inmates even if it would result in an overdose, have harmful interactions or be fatal.
The statute does allow for changes to an inmate’s medication if a facility’s licensed health care professional consults with the person who prescribed the medication and gets permission for the change or if the inmate provides a written notice saying they no longer desire to take their medication.
However, the lawsuit argues the provisions would be “problematic, if not impossible.”
“The reality is that inmates and detainees are brought to county jails at all hours of the day and night and every day of the year, including on weekends and holidays,” the lawsuit says. “They frequently arrived during days and at times when community medical providers and pharmacies that provide prescriptions are not open and have no means to be contacted.”
The lawsuit says even if the prescribing providers could be reached easily, that they are “often inexperienced and unfamiliar” with issues correctional health care providers encounter, like alcoholism, use of street drugs, drug diversion and misuse, and other “security-related issues.”
If jails comply with the law, the lawsuit claims, they could face civil liability to patients and family members for violations of inmates’ constitutional rights if the administering of the medication resulted in harm or death.
On the other hand, the lawsuit states that if correctional facilities fail to comply with the law, they may risk penalties such as suspension and disciplinary actions on their jail licenses, which could impact their ability to care for inmates.
In response to the lawsuit, Minnesota Attorney General Keith Ellison said the law will not be enforced until Aug. 1 to give time for a decision to be made on the motion for a temporary injunction order. Ellison asked the court to set a hearing for July to decide before then.
The Mental Health Work Group of Communities United Against Police Brutality, which helped craft the law, calls the lawsuit’s claims that licensed health care professional would prescribe harmful or fatal medications for their patients “ridiculous.”
“The need for this reform became obvious as we heard from many people who have suffered serious consequences from being denied their prescribed heart and blood pressure medications, anti-seizure medications, HIV drugs, mental health medications and sometimes even insulin,” the group said in a statement.
The organization says the statute was named after Larry R. Hill, the son of a former corrections officer who died in the Hennepin County Jail after not receiving his mental health medication.
“The provision of mental health medications in the jails is especially important as people living with mental health conditions experience high levels of stress and anxiety in the jails and their conditions often deteriorate,” the Mental Health Work Group of CUAPB said. “Ensuring access to mental health medications as prescribed allows people to better regulate their behavior and reduces assaults and other problem conduct within the jails, making them safer for everyone.”
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