Trading wrongful death damages against the State on behalf of one person to obtain policy reform that protected hundreds of thousands of people with disabilities in the future is a classic example of SLC’s innovative legal advocacy. A woman with severe disabilities died from a lithium overdose during an experimental drug treatment program at a Gainesville institution for persons with developmental disabilities. To prevent more unnecessary deaths, SLC filed a lawsuit that changed policy, resulting in a rule regarding the proper administration of psychotropic drugs that applied to all state institutions.

Sanbourne v. Bush, Case No. 89-6283-Civ-Nesbitt (S.D. Fla., J. Nesbitt), originally filed as Gonzalez v. Martinez; summary judgment denial reported at 756 F. Supp. 1533 (S.D. Fla. 1991). This was a class action involving the care and treatment of persons with mental illness confined to South Florida State Hospital (SFSH) and living in the South Florida community.

We participated as amicus curiae in a long-standing suit challenging the treatment of persons with mental illness (often homeless persons) in the Dade County jail system. Our nationally recognized experts prepared a short-term plan which was adopted by the Court and implemented by Defendant Dade County to improve conditions. $945,000 was allocated for implementation of the expert's short-term plan.

This class action was originally brought by Jacksonville Area Legal Aid challenging the State of Florida's practice of housing persons with developmental disabilities at Northeast Florida State Hospital at Macclenny, a facility for persons with mental illness. We entered our appearance in 1996 to monitor the implementation of the Compliance Plan, which includes provisions for the care and treatment of class members at NEFSH, appropriate discharges from NEFSH, and appropriate community services after discharge.

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.