'Momentous' legal settlement promises better treatment of mentally ill Allegheny County Jail inmates

Mar. 19—A lawsuit against the Allegheny County Jail and its leadership over the treatment of mentally ill inmates has settled, resulting in what both sides called "meaningful changes" for those incarcerated there.

The parties — the county and the mentally ill inmates who sued — filed a motion in federal court on Tuesday asking for a judge to approve a 38-page agreement that they said will improve mental health treatment, staffing levels, use-of-force and solitary confinement practices at the jail.

"Although it does not provide all the relief requested by the plaintiffs, the commitments being made by Allegheny County are significant," the parties wrote in a joint brief to the court. "These are meaningful changes that will have a substantial impact on individuals incarcerated at ACJ and their families."

Abigail Gardner, a county spokeswoman, said she could not comment on the settlement until it is signed by U.S. Magistrate Judge Cynthia Reed Eddy.

Jaclyn Kurin, an attorney with the Abolitionist Law Center who worked on the case, called the agreement comprehensive.

"I think this is a pretty momentous triumph and a critical step to ensuring people with psychiatric disabilities at the jail receive proper mental health treatment — but also a pivotal moment in recognizing the humanity of those confined in the jail."

Five people incarcerated sued in September 2020 alleging a gross failure of mental health care at the facility. They alleged that the jail was understaffed and that the existing staff was not adequately trained.

The lawsuit, which was later certified as a class-action, included claims under the Americans with Disabilities Act, allegations of excessive use of force, unconstitutional use of solitary confinement and due process violations.

It said that jail staff abused mentally ill inmates, used a restraint chair for hours at a time and told inmates they ought to kill themselves.

The lawsuit also said that jail staff failed to provide mental health treatment, including counseling and medication management.

According to court documents, the parties began negotiating a possible settlement in early 2021 and met dozens of times over the last three years, with significant progress starting in summer 2023.

Kurin noted that negotiations in the case spanned the administrations of both County Executive Sara Innamorato and her predecessor, Rich Fitzgerald.

"We believe this case settled because both sides agree there's a need for comprehensive and enduring change at the jail," Kurin said.

There have been recurring complaints about the lack of qualified mental health providers at the jail and delays of weeks or even months for symptomatic people to receive treatment.

The settlement addresses that specifically, with the county agreeing to interim staffing levels in the jail's mental health department.

The county must work with its employment recruiters to assess why the mental health positions at the jail have been so difficult to fill and to make adjustments to make them more attractive.

The county has six months to be at 80% staffing for mental health positions as outlined in the agreement.

The settlement also sets time frames for inmates with mental health concerns to speak with psychiatrists or nurses.

Inmates will receive an initial mental health screening and evaluation within 14 days of admission, or sooner if clinically indicated, according to the settlement.

A "substantive encounter" with a mental health care professional shall take place, on average, in less than a week and must happen within two weeks, the settlement says.

The settlement also requires the jail to provide confidential space for counseling — something that did not exist before.

The jail must enhance training for mental health staff and correctional staff; provide de-escalation and use of force training; and hire a number of people to provide therapeutic counseling.

It will also create additional educational programming and ensure that medical decisions are made by qualified medical providers and not corrections staff.

Both sides agreed that inmates with mental illness shall be out of their cells for at least four hours each day, which "must include meaningful social interaction and treatment."

In addition, qualified staff must proactively monitor those inmates held in solitary for a decline in their mental health or increased symptoms.

As part of the agreement, the county also agrees to designate a compliance coordinator to monitor and enforce the settlement.

Non-compliance can result in monetary penalties.

Both sides held up the settlement as something that will help keep inmates healthier while in jail, aid their transition back to society when they're released and reduce recidivism.

Paula Reed Ward is a TribLive reporter covering federal and Allegheny County courts. She joined the Trib in 2019 after spending nearly 17 years at the Pittsburgh Post-Gazette, where she was part of a Pulitzer Prize-winning team. She is the author of "Death by Cyanide." She can be reached at pward@triblive.com.

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