Q: A friend of mine is being held in county jail. Hes beimg denied his mental illness medications by staff.

He was previously incarcerated in missouri DOC facility and its stated in his DOC records that he was prescibed medication for mental illness while in DOCs care,as well as being seen by health professionals while in their care. His medications are noted in the system, and he has mentioned needing them ,as well as not feeling good to muliple guards on duty and the severity of his need for his prescribed medications that he has been prescribed and taken for several years. They ignore his inquiries. They have not had any health professional visit the inmate,nor the jail. Every time i talk with him he sounds more distant ,and changes in his behavior are obvious and apparent. Hes been in their goin on 3 months and they set court dates for him but stopped showing up to take him to his proceedings,and them come to find out they change his court date, but not until after the fact. I feel hes going to just start to acceot this after being ignored so many times,and end up not being able to rec

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: If your friend is being denied prescribed medication for a mental illness while in jail, this may constitute a violation of his Eighth Amendment rights, which protect against cruel and unusual punishment. This could also raise concerns under the Americans with Disabilities Act if he is not being accommodated for his disability. It is important to take immediate action.

One approach is to contact a civil rights attorney who can address the urgency of the matter through a legal filing, potentially a writ of habeas corpus or an emergency motion, to ensure that he receives the necessary medical attention.

Additionally, a complaint should be filed with the jail's internal affairs division or the appropriate oversight agency. Documenting all instances of neglect and any harm suffered as a result is crucial. Time is of the essence, so these steps should be taken promptly.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.