Your Rights During a Mental Health Crisis

Understanding Your Rights During a Mental Health Crisis: How BNCL Can Help

In moments of mental health crises, individuals and their families often find themselves navigating a complex and daunting landscape. These situations are fraught with emotional, psychological, and legal challenges, making it essential to have informed, compassionate, and experienced legal support. At Burris, Nisenbaum, Curry, and Lacy (BNCL), we specialize in civil rights litigation, with a significant focus on protecting the rights of individuals experiencing mental health crises. Serving the San Francisco Bay Area, Sacramento, Central California, Los Angeles, and Southern California, our firm is dedicated to ensuring justice and protection for the vulnerable.

The Reality of Mental Health Crises

A mental health crisis can occur suddenly and without warning, triggered by a range of factors such as severe stress, a significant life change, or the exacerbation of an existing mental health condition. These crises often necessitate immediate intervention to prevent harm to the individual or others. Unfortunately, the involvement of law enforcement in these situations can sometimes lead to tragic outcomes, particularly when officers lack the training or resources to handle mental health issues appropriately.

The Role of Law Enforcement

Law enforcement officers are frequently the first responders to mental health crises. Ideally, they are trained to de-escalate situations and provide necessary assistance. However, the reality often falls short. Incidents involving police response to mental health crises have, in many instances, resulted in the use of excessive force, wrongful detention, and even fatal outcomes. These incidents highlight the urgent need for systemic changes in how mental health crises are managed by law enforcement and the broader community.

Your Rights During a Mental Health Crisis

Individuals and their families must understand their rights during a mental health crisis:

1. Right to Safety: Individuals experiencing a mental health crisis have the right to be treated with dignity and respect. Law enforcement officers are required to prioritize the safety and well-being of the individual.

2. Right to Medical Care: Prompt and appropriate medical intervention is a fundamental right. This includes access to mental health professionals who can provide the necessary care and support.

3. Right to Legal Representation: If an individual is detained or in any legal proceedings, they have the right to legal representation. BNCL provides robust legal support to ensure that the rights of individuals in crisis are upheld.

4. Right to Fair Treatment: Discrimination based on mental health status is illegal. Individuals in crisis should be treated fairly and without bias.

How BNCL Advocates for You

At BNCL, we have a long-standing commitment to civil rights and a proven track record of advocating for individuals in mental health crises. Our approach is multifaceted:

1. Legal Representation: We offer comprehensive legal representation on a contingency basis, meaning we advance all litigation costs and only receive payment if we secure compensation for our clients. This ensures that financial constraints do not hinder access to quality legal support.

2. Systemic Reform: Our work goes beyond individual cases. BNCL has been instrumental in pushing for systemic reforms in police policies, particularly in handling mental health crises. We have successfully advocated for changes in police protocols to improve the response to mental health emergencies and reduce the risk of harm.

3. Community Engagement: Through initiatives like “Good and Common,” our partner DeWitt Lacy founded, we educate the public on their rights and promote better understanding and handling of mental health issues. This proactive approach aims to prevent crises and ensure that individuals are treated with the respect and care they deserve.

Case Study: The Tragic Incident of Ryan Gainer

One of the most compelling examples of our commitment to justice for individuals in mental health crises is the case of Ryan Gainer. On March 9, 2024, in Apple Valley, California, 15-year-old Ryan Gainer, an autistic teen, was fatally shot by a San Bernardino County Sheriff’s deputy. The incident began with a family dispute over chores, leading to a mental health crisis for Ryan. Despite family efforts to calm him, the arrival of deputies escalated the situation, resulting in Ryan being shot while holding a gardening tool.

The tragic event raised significant concerns about the handling of mental health crises by law enforcement, particularly involving vulnerable individuals. In response, BNCL filed a federal lawsuit under the Americans with Disabilities Act (ADA) and Civil Rights Acts on behalf of Ryan Gainer’s surviving family members. This lawsuit follows an earlier state-level claim against the County of San Bernardino.

Statement from BNCL

“The motto of law enforcement has never been ‘comply and survive.’ Instead, it has long been ‘To protect and serve.’ Our most vulnerable population requires law enforcement to act as responsible professionals rather than as laypersons with training. Ryan needed understanding and patience, not hasty actions that ultimately cost him his life,” said DeWitt Lacy, Partner at BNCL.

Moving Forward: Advocacy and Support

Mental health crises require a compassionate and informed response. At BNCL, we are dedicated to providing the legal support necessary to navigate these challenging situations. Our commitment to civil rights ensures that individuals in crisis are protected and empowered to seek justice and fair treatment.

If you or a loved one is experiencing a mental health crisis and needs legal assistance, do not hesitate to contact BNCL. Our experienced attorneys are here to guide you through the process, advocate for your rights, and ensure that justice is served.

For more information and resources, visit our website at BNCLLaw.com. Together, we can work towards a more just and compassionate approach to mental health crises, ensuring that every individual receives the care and respect they deserve.