CONTACT: Linda Paris, Washington Lawyers’ Committee for Civil Rights and Urban Affairs, 202-308-5186, [email protected]

BALTIMORE, MD – On November 24, 2025, the District of Maryland issued a ruling wholly denying Maryland Department of Health’s (MDH) motion to dismiss a lawsuit filed by Disability Rights Maryland, Inc (DRM) challenging MDH’s failure to timely transfer criminal defendants deemed incompetent to stand trial (IST) to a designated health care placement within the required 10-day period under Maryland law. DRM is represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and Wiley Rein LLP.

The lawsuit, filed on January 9, 2025, highlights MDH’s persistent failure to transfer individuals to health care facilities for the purpose of competency restoration and treatment. Instead, these individuals languish in jails and other correctional facilities for weeks to months at a time without proper care and mental health treatment.

The lawsuit asserts that the indefinite detention of IST-adjudicated individuals without treatment violates of their rights under U.S. Constitution, Article 24 of the Maryland Declaration of Rights, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. The court’s denial of MDH’s motion to dismiss allows DRM to move forward in challenging these discriminatory practices.

“It is deeply troubling to see MDH avoid fulfilling its responsibilities to people with disabilities who remain in a carceral system not equipped to meet their needs,” says Chelsea Sullivan, Associate Counsel at the Washington Lawyers’ Committee. “Judge Rubin’s decision denying MDH’s Motion to Dismiss is an important step toward ensuring the department is held accountable.”

This issue is prevalent across the country and has been challenged in numerous jurisdictions. We’re proud to represent DRM as we fight for the proper treatment of people with disabilities in Maryland who are confined to jails without the care they deserve.

Read the filed complaint here.
Read the Motion to Dismiss opinion here.