United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED September 20, 2023 No. 21-60772 Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

The State of Mississippi,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:16-CV-622 ______________________________

Before Jones, Southwick, and Ho, Circuit Judges. Edith H. Jones, Circuit Judge: Title II of the Americans with Disability Act (“ADA”) prohibits “discrimination” against “qualified individual[s] with a disability.” 42 U.S.C. § 12132. The Act authorizes “any person alleging discrimination” to sue. 42 U.S.C. § 12133 (emphasis added). The United States filed suit against the state of Mississippi, alleging that its entire mental health care system violated the “integration mandate” prescribed by 28 C.F.R. § 35.130(d) and reified in the Supreme Court’s decision, Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581, 119 S. Ct. 2176 (1999). The district court conducted a trial, upheld the federal government’s novel theory of liability, Case: 21-60772 Document: 00516902521 Page: 2 Date Filed: 09/20/2023

No. 21-60772

and ordered not only sweeping modifications to the state’s system but also the indefinite appointment of a monitor who, along with the federal government and the court itself, would all oversee the system. This novel plan of reconstruction fails on many levels. We REVERSE. I. In February 2011, the United States commenced an investigation of Mississippi’s mental health system.1 This investigation was not prompted any individual instance of discrimination against a person with serious mental illness.2 During its investigation, the United States researched several facets of the Mississippi mental health care system. The investigation included interviews with state leaders, employees of community mental health centers, and disabled persons. Various reports were prepared comparing Mississippi’s use of community-based services relative to other states’ programs. In December 2011, the United States Department of Justice notified Mississippi that its investigation revealed the state was “unnecessarily institutionalizing persons with mental illness” in violation of the ADA. The letter of findings outlined the steps necessary for Mississippi to meet criteria set out by the Department of Justice. In August 2014, Mississippi replied to the United States in writing and outlined the steps it had taken to comply _____________________

1 See http://www.msh.state.ms.us/DOJ_update.pdf (Aug. 15, 2011). 2 It is unclear why the federal government’s investigation was initiated. Nothing in the record supports the United States’ statement in its complaint that it launched the investigation because of a report of discrimination. In any event, the federal government investigated the entire Mississippi mental health system,