Civil Rights: Margolis & Gallagher Law pursues constitutional claims on behalf of patients illegally confined to Michigan state mental hospitals

February 7, 2019

Civil Rights: Margolis & Gallagher Law pursues constitutional claims on behalf of patients illegally confined to Michigan state mental hospitals

Two men, diagnosed schizophrenic, were committed to the same state psychiatric hospital in Wayne County after being found not guilty by reason of insanity (NGRI) on separate assault charges. Although neither man was violent after his commitment, hospital administrators orchestrated a web of contracts and procedures that unconstitutionally subjected the men to parole-like terms of release and return to involuntary commitment.

Despite their stability and although they posed no threat to themselves or others, these men were repeatedly forced to return to psychiatric care, often after living months or years out in the community.

We represent the two men in a federal civil rights action under U.S.C. § 1983 and the American With Disabilities Act against the Michigan Department of Health and Human Services, companies with which contracted it contracts for psychiatric services, and hospital administrators. The case is pending in federal court in the Eastern District of Michigan before U.S. District Judge Paul D. Borman. Case No. 2:18-cv-11385.