JEFFERSON CITY, Mo. (KCTV) – Three civil rights organizations have filed a federal class action lawsuit against the Missouri Department of Mental Health over violations of constitutional rights.
The ACLU of Missouri said the lawsuit was filed on Monday, Nov. 24, alongside the MacArthur Justice Center and ArchCity Defenders.
The organizations claim that the DMH failed to provide adequate treatment to pre-trial detainees with mental illness and disabilities.
State law requires competency evaluations within 60 days of a court order. However, court documents show these evaluations often take 6 months.
According to the ACLU, nearly 500 individuals deemed incompetent to stand trial wait in jail without treatment.
The organization noted that these detainees wait an average of 14 months for treatment to restore their ability to participate in their criminal case. Some are held longer than the maximum sentence of their charges.
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“DMH continues to fail hundreds of Missourians living with serious mental illness, leaving them to languish in county jails without access to treatment, where they stand a heightened risk of decompensating or worse,” said Amy Malinowski, co-director of the MacArthur Justice Center’s Missouri office. “Our clients and hundreds like them are left helpless, caged, and abandoned by DMH. This betrayal of Missourians must end now.”
DMH Director Huhn has called the waitlist a “critical issue.” Yet, the ACLU said the problem has worsened:
88% increase since September 202333% increase since September 2024230 people waited for assessment as of May 2025430 people already deemed incompetent waited for treatmentNearly 500 people waited for restoration treatment by October 2025
“The state has a statutory and constitutional obligation to assess and treat all individuals that courts have deemed incompetent to stand trial in a timely manner,” said Gillian Wilcox, Director of Litigation at the ACLU of Missouri. “The current status quo leaves some people who experience mental illness or disabilities trapped in judicial limbo and languishing in jail while the state fails to provide the necessary care to allow the detained person to advance through the judicial system.”
The federal lawsuit was filed in the Western District’s Central Division. The organizations seek court-ordered changes to ensure timely mental health evaluations and treatment.
“There is something deeply wrong with a state that always finds money to keep people in jail but cannot find money to provide the basic mental health treatment that our most vulnerable citizens are constitutionally entitled to,” said Maureen Hanlon, managing attorney for civil rights litigation at ArchCity Defenders. “True public safety would be providing care and support to families like those of our plaintiffs who are desperate to get their loved ones the treatment they need.”
The Missouri Department of Mental Health said it cannot comment on pending litigation.
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