Canupp, et al. v. Liberty Behavioral Health Corp.

(M.D. Fla., J. Covington 2004)

This class action challenged the lack of an effective treatment regimen and adequate mental health care at the Florida Civil Commitment Center (FCCC). Approximately 450 men were detained at FCCC, with more arriving every day under Florida’s Jimmy Ryce Act. The State’s failure to provide constitutionally adequate treatment made their confinement essentially a life sentence. The court certified the case as a class and created two sub-classes. A mediated settlement was reached.

The Department of Children and Families did not agree to an enforceable settlement but promised the following in a written settlement plan: improvements to the oversight and staffing of the inpatient mental health unit, the creation of policies addressing the screening and referral process for the use of anti-androgens, comprehensive discharge planning for Phase IV residents, improvements to the special track of treatment, and improved training for clinical staff and TST housing staff. The settlement plan explained what the Defendant would do to address each issue, when the improvements would happen, and who was responsible for making sure the improvements occurred. Our co-Counsel was Florida Institutional Legal Services.