Protecting he Rights of Individuals with Mental Illnesses
Defending Against Civil Rights Violations in Healthcare and Law Enforcement
At Collins & Collins, P.C., we are committed to protecting individuals with mental illnesses who are particularly vulnerable to civil rights violations in a variety of environments, including healthcare settings and during interactions with law enforcement. Our legal approach encompasses violations under the New Mexico Civil Rights Act (NMCRA) and Section 1983 of the Civil Rights Act, along with pertinent laws such as the Americans with Disabilities Act (ADA) and the New Mexico Human Rights Act (NMHRA).
Violations Under NMCRA and Section 1983:
Individuals with mental illnesses often face civil rights violations when governmental actors in healthcare or law enforcement fail to provide proper care or engage in discriminatory practices. Both the NMCRA and Section 1983 address these violations, holding government officials accountable for actions that infringe upon the constitutional rights of those with mental health challenges.
ADA Considerations:
The ADA requires that individuals with mental disabilities receive reasonable accommodations in all public facilities and during interactions with law enforcement. This includes appropriate communication, understanding, and adjustments in standard procedures to ensure fair treatment. Violations occur when these accommodations are not made, potentially leading to exacerbated situations or unfair treatment.
NMHRA Protections:
Under the NMHRA, individuals with mental illnesses are protected against discrimination based on their mental condition. This act ensures their rights to equal treatment and non-discrimination in both public and private sectors, particularly in healthcare settings and during legal or law enforcement procedures.
Broader Legal Claims and Tort Actions
In addition to statutory protections, individuals with mental illnesses may also be involved in various tort claims:
Medical Negligence:
This arises from the failure to provide adequate mental health care or the mismanagement of mental health conditions, often seen in healthcare settings.
Intentional Infliction of Emotional Distress:
Actions by caregivers, law enforcement, or other individuals that result in severe emotional distress to a person with mental illness can lead to this claim.
Negligence:
General negligence encompasses situations where the duty of care owed to individuals with mental illnesses is breached, leading to harm. This could involve inadequate mental health services or improper handling during law enforcement interventions.
Our Legal Approach
Collins & Collins, P.C. is deeply versed in the unique aspects of mental health law and the specific challenges faced by individuals with mental illnesses. We employ a comprehensive investigative and legal strategy to ensure that all facets of the law are leveraged to protect and uphold the rights of these vulnerable individuals.
Litigation and Advocacy:
Our firm actively litigates against entities and individuals who violate the civil rights of people with mental illnesses. We advocate for systemic changes in both healthcare and law enforcement practices to enhance the understanding, treatment, and respect for individuals with mental health challenges.
How We Can Help
If you or a loved one has experienced discrimination, abuse, or denial of necessary treatment or accommodations due to a mental illness, contact us today. Collins & Collins, P.C. offers comprehensive legal representation aimed at protecting the rights and dignity of those with mental health challenges, ensuring they receive the respect and care they deserve.