Wyatt v. Sawyer

219 F.R.D. 529, 58 Fed. R. Serv. 3d 528, 2004 U.S. Dist. LEXIS 930, 2004 WL 124468
CourtDistrict Court, M.D. Alabama
DecidedJanuary 13, 2004
DocketNo. CIV.A. 70-T-3195-N
StatusPublished
Cited by3 cases

This text of 219 F.R.D. 529 (Wyatt v. Sawyer) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wyatt v. Sawyer, 219 F.R.D. 529, 58 Fed. R. Serv. 3d 528, 2004 U.S. Dist. LEXIS 930, 2004 WL 124468 (M.D. Ala. 2004).

Opinion

OPINION

MYRON H. THOMPSON, District Judge.

More than two decades ago, Professor Owen Fiss wrote about the dilemma facing judges in structural reform eases:

“The judge might be seen as forever straddling two worlds, the world of the ideal and the world of the practical, the world of the public value and the world of subjective preference, the world of the Constitution and the world of politics. He derives his legitimacy from only one, but necessarily finds himself in the other.”

Owen Fiss, The Forms of Justice, 93 Harv.L.Rev. 1, 58 (1979). This tension has often been apparent in this case, Wyatt v. Sawyer, civil action no. 70-T-3195 (M.D.Ala.), in which the constitutionality of the conditions in Alabama’s Mental Health and Mental Retardation System has been litigated for more than 30 years. Even now a distance remains between the real and the ideal.

However, this ease illustrates why, despite the difficulties inherent in structural reform litigation, such cases are, finally, so important and worthwhile. While this case has followed a “long, winding, and often quite bumpy” road, Wyatt v. Sawyer, 105 F.Supp.2d 1234, 1236 (M.D.Ala.2000), the enormity of what this case has accomplished cannot be overstated. The principles of humane treatment of people with mental illness and mental retardation embodied in this litigation have become part of the fabric of law in this country and, indeed, international law.

Today, this case is before the court on the parties’ joint motion (1) for a declaration that the Alabama Department of Mental Health and Mental Retardation has complied with a 2000 settlement agreement and (2) to vacate all remaining orders and injunctions. On December 5, 2003, this court held a fairness hearing which many interested persons attended, including members of the plaintiff class (including the named original plaintiff, Ricky Wyatt) and various state officials (including Alabama Governor Bob Riley, Alabama Mental Health and Mental Retardation Commissioner Kathy Sawyer, and State Finance Director Drayton Nabers). After a careful consideration of the entire record, the court stated in open court, at the end of the fairness hearing, that it would grant the motion, and promised that a written opinion and final judgment would follow. This is the promised opinion.

I. BACKGROUND

The procedural history of this case has been described in earlier opinions, see, e.g., Wyatt v. Sawyer, 105 F.Supp.2d 1234 (M.D.Ala.2000); Wyatt v. Rogers, 985 F.Supp. 1356 (M.D.Ala.1997), and will not be repeated here with the exception of the following.

In 1971, when Judge Frank M. Johnson, Jr. issued the first order in this case, there were thousands of patients hospitalized in Alabama, ostensibly for mental-health treatment. Most of them were “involuntarily committed through non-criminal procedures and without the constitutional protections that are afforded defendants in criminal proceedings.” Wyatt v. Stickney, 325 F.Supp. 781, 784 (M.D.Ala.1971). Many, if not most, of these patients received no treatment what[532]*532soever. Id. Patients were housed in inhumane conditions in “barn-like” dormitories plagued by overcrowding, extreme ventilation problems, and fire and other emergency hazards. Wyatt v. Stickney, 334 F.Supp. 1341, 1343 (M.D.Ala.1971). The staff at the hospitals was under-qualified and stretched much too thin, and the patients did not have individualized treatment plans. Id. at 1343-44. “Also contributing to the poor psychological environment [were] the shoddy wearing apparel furnished the patients, the non-therapeutic work assigned the patients ... and the degrading and humiliating admissions procedure which create[d] in the patient an impression of the hospital as a prison or as a ‘crazy house.’ ” Id. at 1343. A journalist who visited the Jemison building at Bryce Hospital in 1971 described the conditions there as follows:

“Human feces were caked on the toilets and walls, urine saturated the aging oak floors, many beds lacked linen, some patients slept on floors, archaic shower stalls had cracked and spewing shower heads. One tiny shower closet served 131 male patients; the 75 women patients also had but one shower. Most of the patients at Jemison were highly tranquilized and had not been bathed in days. All appeared to lack any semblance of treatment. The stench was almost unbearable.”

Jack Bass, Taming the Storm: The Life and Times of Judge Frank M. Johnson, Jr. and the South’s Fight over Civil Rights, 292 (1993).

Judge Johnson declared that these conditions were unconstitutional because “[t]o deprive any citizen of his or her liberty upon the altruistic theory that the confinement is for humane therapeutic reasons and then fail to provide adequate treatment violates the very fundamentals of due process.” Wyatt, 325 F.Supp. at 785. Drawing on the parties’ joint proposal, Judge Johnson entered landmark opinions setting forth minimum constitutional standards for the treatment of people with mental illness and mental retardation. These standards would come to be known as the “Wyatt standards.” Wyatt v. Rogers, 92 F.3d 1074, 1077 (11th Cir.1996).

The Wyatt standards have had a reverberating impact on state and national law, and, perhaps even more importantly, on public consciousness about mental illness. The standards have been incorporated into state and federal mental-health codes and regulations. The concept of treatment in the “least restrictive setting” contained in the Wyatt standards was “echoed” in the Americans with Disabilities Act of 1990, Pub.L. No. 101-336, 104 Stat. 328 (codified as amended at 42 U.S.C.A. §§ 12101-12213 and 47 U.S.C.A. § 225), as the Supreme Court affirmed in 1999 in Olmstead v. L.C., 527 U.S. 581, 119 S.Ct. 2176, 144 L.Ed.2d 540 (1999).1 Dick Thornburgh and Ira Burnim, Dedication to Frank M. Johnson, Jr., 23 Mental & Physical Disability L. Rep. 606, 606 (1999). The nationwide Protection and Advocacy system is a “direct descendant” of the Human Rights Committees Judge Johnson appointed in the Wyatt case.2 Id. Part of Judge Johnson’s [533]*533March 1972 opinion enumerating rights due the plaintiff class, such as the right to privacy, the right to be treated with dignity, and the right to be free of unnecessary medication and physical restraint, has come to be known among mental-health professionals as a “bill of rights for patients.” Bass, supra, 293.

Finally, Wyatt heightened public awareness of the needs of institutionalized people and people with mental illness and mental retardation. Katie Eyer, Litigating for Treatment: The Use of State Laws and Constitutions in Obtaining Treatment for Individuals with Mental Illness, 28 N.Y.U. Rev. L. & Soc. Change 1, 5-6 (2003). Today, as a result, any judge, legislator, or executive official who would seek to reverse the everyday involvement and oversight of state and local advocacy groups, friends and family members of people with mental disabilities, and self-advocacy by consumers of mental-health care, would face universal condemnation. This legacy of this litigation cannot be terminated by any court.

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Related

Denson v. Bronner
171 So. 3d 614 (Supreme Court of Alabama, 2014)
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944 So. 2d 954 (Supreme Court of Alabama, 2006)

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Bluebook (online)
219 F.R.D. 529, 58 Fed. R. Serv. 3d 528, 2004 U.S. Dist. LEXIS 930, 2004 WL 124468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyatt-v-sawyer-almd-2004.