A Ramsey County judge has denied a request to temporarily block a new law requiring jails in the state to continue to provide the medications people were prescribed before their incarceration.
The law passed with bipartisan support last session as part of the public safety bill. Chief Judge Sara Grewing had paused the law earlier while she considered whether to grant an injunction.
The law was spurred by the death of Larry R. Hill in 2023 in Hennepin County Jail after he was denied his mental health medication. With some exceptions, it requires jails to continue to give people in custody the same medication they were prescribed before their incarceration. The medication can be changed if the person in jail or the original prescriber agrees to it.
State law enforcement groups including the Minnesota Sheriff’s Association and a coalition of medical staffing companies and doctors sued the Minnesota Department of Corrections over the law in June. They’ve argued that the law doesn’t allow doctors to exercise their professional judgment, which they say could put patients at risk because it would require doctors to give out medication even if it would result in an overdose or death.
The plaintiffs say that jails could be held civilly liable if someone in custody died. They also allege that both doctors and jail staff could face professional discipline for following the law. Affidavits filed by the plaintiffs affirm that they’ve never denied a prescription due to cost concerns.
Supporters of the law say it’s needed because some people held in jail have experienced serious health effects after being denied medications, including those used to treat high-blood pressure, HIV and seizures.
A statement from Communities United Against Police Brutality, who pushed for the law, said providing mental health medication in jails is especially important due to the stressful environments there. “Ensuring access to mental health medications as prescribed allows people to better regulate their behavior and reduces assaults and other problem conduct within the jails, making them safer for everyone.”
Grewing said in her decision that blocking the law would undermine the Minnesota Legislature’s intent and jeopardize people’s continuity of care, among other factors. She also found that there’s a public interest in ensuring that “there’s a broader societal interest in upholding standards of basic human dignity and responsible medical practice within the criminal justice system.”
The court is scheduled to consider the Department of Corrections motion to dismiss the lawsuit at a hearing on Oct. 9.
