Press Release: Cato Institute Supports Keeping Mental Health Records Sealed

Cato Institute Files Brief Supporting Appeal of Order Disclosing Sealed Mental Health Records

For Immediate Release

Marshall, Texas – 09/13/2024 — 41-year-old Lonnetta Johnson had significant mental health issues. Her mental health issues, as well as medical issues requiring appropriate medication and treatment, were well-known to the Harrison County jail.

Lonnetta was arrested and jailed in the Harrison County jail on December 30, 2021, just a few hours after being previously released. She was arrested on low-level offenses, and there was no doubt that her serious mental health issues affected her ability to live a normal life. Regardless, instead of being taken to the nearest in-patient mental health facility, Harrison County chose to jail her for approximately two weeks. That two-week period concluded with Lonnetta’s death.

Witnesses at the jail indicate that Lonnetta was unclothed, sitting on a cold cell floor, in the same position, for hours. One witness had the opinion that the temperature in the cell was close to 60 degrees. When someone finally entered the cell to check on Lonnetta, it was too late. She was transported to a local hospital, and her body temperature was only 90.1 degrees.

Family members filed a federal lawsuit against Harrison County and for-profit jail healthcare provider Southern Health Partners, Inc. (“SHP”) regarding Lonnetta’s death. Harrison County and SHP asked a judge, other than the judge presiding over the federal case, to release records sealed by law regarding Lonnetta’s involuntary mental health commitment to facilities going back over twenty years.

Defendants Harrison County and SHP initially set their motion for hearing in front of the chief executive officer of Harrison County – Judge Chad Sims. Lonnetta’s lawyers filed motions complaining about Harrison County’s chief executive officer being able to decide Harrison County’s and SHP’s motion. The matter was then reassigned to a different judge. A hearing occurred on Thursday, April 25, 2024 in the Harrison County Court. A judge sitting in the Harrison County court ordered that Lonnetta Johnson’s sealed involuntary mental health commitment records be disclosed, finding that release of the records was in the public interest.

Constitutional rights lawyer Dean Malone represents family members, and he retained an appellate lawyer to appeal the court’s decision. That appeal has been fully briefed by all parties. The case is set for decision on submission, without oral argument, on Tuesday, September 17, 2024. The Sixth Court of Appeals in Texarkana will issue an opinion at some point thereafter.

Recently, the Cato Institute, a nonpartisan public policy research foundation dedicated to advancing principles of liberty and limited government, filed a brief supporting the appeal sought by Mr. Malone’s firm. The Cato Institute argues that release of the sealed mental health records would violate the common-law right of privacy and a Texas statute protecting private mental health records. The Cato Institute also argues that a loss of the appeal could result in negative consequences for privacy afforded psychiatric patients. The records, previously sealed by statute, could be open for public disclosure. A copy of the Cato Institute’s brief is attached to this press release.

Mr. Malone said, “We were glad to see that the Cato Institute took an interest in protecting some psychiatric patient records from potential public disclosure. Under any stretch, records of a person being involuntarily committed for mental health reasons should not be open for public display, simply because a party to a lawsuit thinks that they are ‘relevant’ to the suit. This is a low legal bar and is not, from our perspective, the standard by which Texas lawmakers wanted mental health records released for public perusal.”

Written By: