Disrupting the Jail-to-Houselessness Cycle for People Living with Mental Disabilities
Case Overview
OUR Clients
Public Counsel, in partnership with its Board member firm Munger Tolles & Olson LLP, intervened in a lawsuit between the federal government and Los Angeles County that nearly resulted in policies that would discriminatorily exclude people with certain mental disabilities from jail discharge planning services, including linkages to housing assistance.
Public Counsel represented eight Plaintiff-Intervenors who were all Los Angeles residents with severe mental illnesses released from County jails without referrals to housing programs or mental health providers or an adequate supply of their prescribed psychiatric medication. Plaintiff-Intervenors brought claims under the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Eighth and Fourteenth Amendments to the United States Constitution. The case resulted in a modified settlement agreement which requires the County, via the agreement’s Provision 34, to provide specific discharge planning services to people with severe mental disabilities.
Because the County has not yet met the compliance measures for Provision 34, Public Counsel and Munger Tolles & Olson are actively engaging with the County and other stakeholders to implement systemic reforms that meet the needs of mentally disabled individuals released from County jails.
Court
U.S. District Court for the Central District of California
Status
Settled
Case No.
2:15-cv-05903
Filed
09/28/2015
Public Counsel Legal Team
our Co-Counsel
Case Developments
FILING
01/06/2026
Settlement Monitor Files Twentieth Semi-Annual Report
The Settlement Monitor assigned to evaluate the County’s adherence to the settlement terms reported that the County did not achieve compliance with metrics related to initial and comprehensive release planning.
FILING
12/06/2018
Parties Jointly Stipulate to Amend Provision 34 of the Settlement Agreement
Pursuant to the amendment to Provision 34, the County is required to conduct clinically appropriate release planning for all people discharged from the jail who have been identified by a qualified mental health professional as having a mental illness and needing mental health treatment, or as having a DSM-5 major neuro-cognitive disorder that caused them to be housed in the Correctional Treatment Center at any time during their incarceration. Release planning services include, among other components, connection and transportation to available housing or to community-based providers who can assist in meeting housing needs, assistance obtaining identification and public benefits, and a clinically appropriate supply of psychotropic medications.
The settlement also provides for unannounced monitoring visits every six months, along with semi-annual self-reporting from the County and reporting by the designated monitor. The County has not yet achieved substantial compliance with the agreement. Public Counsel engages directly with the County and community-based organizations to identify roadblocks and potential improvements to implementation.
RULING
05/17/2016
Court Denies County’s Motion for Judgment on the Pleadings Against Plaintiff-Intervenors
The County filed a motion for judgment on the pleadings, arguing that Plaintiff-Intervenors lacked standing to bring their claims and that the claims themselves were legally insufficient. The court denied the County’s motion entirely.
FILING
01/14/2016
Plaintiff-Intervenors File Amended Complaint Challenging Provision 34
FILING
09/28/2015
Individuals Move to Intervene in Lawsuit to Protect Access to Vital Jail Discharge Care Services for People with Severe Mental Disabilities
The federal government and Los Angeles County entered into a settlement agreement providing for, among other things, County jail discharge planning services that excluded people with severe mental illnesses in violation of the ADA, the Rehabilitation Act, and the Eighth and Fourteenth Amendments, forcing a group of individuals to sue on their own behalf to challenge Provision 34 of the settlement agreement.
Press Releases
Media
- MyNewsLA, Fed court order to LA: Don’t set mentally ill inmates free without advance help, 12/16/15
- Los Angeles Daily News, Judge orders changes to L.A. County jail inmate discharge policy, 12/1/15
- Los Angeles Times, Essential California Newsletter: Mentally Ill Inmates, 11/24/15
- LAist, Attorneys press LA jails for better access to mental health services, 11/24/15
- LAist, Lawsuit seeks more help for mentally ill jail inmates, 11/23/15
- Los Angeles Daily News, LA judge hears arguments over support services for newly discharged jail inmates, 11/23/15
- MyNewsLA, Court battle: Don’t release jailed mentally ill to Skid Row overnight, 11/23/15
- Los Angeles Times, Ex-inmates want L.A. County to stop dumping mentally ill inmates on skid row, 9/29/15
- ABC7, Former LA County Jail Inmates File Lawsuit Over Post-Release Help, 9/28/15
- MyNewsLA, Dangerous times for mentally ill: Lawsuit seeks ban on jail releases in overnight hours, 9/28/15
- Los Angeles Times, Judge lets homeless ex-inmates fight for mental health services, 5/18/15












