Judge allows lawsuit seeking change in DC police response to mental health calls to move forward

A federal judge ruled Tuesday that a lawsuit seeking changes in how Washington, D.C., police handle mental health crises can move forward, rejecting the district's efforts to dismiss the case.

Bread For The City, a nonprofit that provides food, legal assistance and resources to Washington residents, sued the district, claiming its police response to mental health crises often makes situations worse.

The American Civil Liberties Union filed a lawsuit on behalf of the group in July 2023, accusing DC of violating the federal Americans with Disabilities Act. The ACLU said on social media that the decision was an “important step toward ensuring that mental health crises are treated with ‘care and compassion’ rather than unnecessary police measures.”

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A federal judge has rejected Washington, D.C.'s efforts to dismiss a lawsuit seeking changes in how police handle mental health crises. (iStock)

“They are not trained to respond to the needs of a person in crisis, they are inherently triggering for the person in crisis and we need someone safe to call, someone who is trained to respond,” Ashika Verriest, senior staff attorney for the ACLU’s Criminal Law Reform Project, told Fox 5 DC.

According to the ACLU, when people in Washington, D.C. who are experiencing a mental health crisis call 911 for help, police are typically dispatched to the scene, which can escalate the situation or trigger the person's mental health crisis.

Verriest said the plaintiffs want D.C. to implement changes to where dispatch services would send mental health providers to handle mental health crises instead of police.

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The lawsuit accuses DC of violating the federal Americans with Disabilities Act. (iStock)

“The problem is that when you call 911, you very rarely get that type of response,” Verriest said. “Our complaint over a period of time is that you would get that type of response less than 1 percent of the time and even if you did get that response, you wouldn’t get it in a timely manner. You would wait hours.”

The judge stressed that her decision was not a criticism of police conduct, but rather of the fact that officers are not trained for these mental health situations.

Asked how mental health professionals would be funded, Verriest pointed to the resources used by police to respond to mental health crises.

The judge said police officers are not trained to handle mental health crises. (iStock)

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“Look at the amount of taxpayer money that is spent on police officers responding to this situation, the amount of time officers have to spend with a person in crisis, the amount of overtime that involves and the time they spend taking someone to the hospital on hold – and whether that money could be better spent on having the right responders respond,” Verriest said.

Both sides are now preparing for trial in the case.