Lawsuit against Washington County alleges failure to provide effective response to mental health calls

WASHINGTON COUNTY, Ore. (KPTV) - A new lawsuit alleges Washington County denies people with mental illness equal access to emergency response services.

One group points to an example of a man who was seeking help from a mental health professional, but instead received a law enforcement response that they claim “nearly killed him.”

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“He asked for a mental health response, said please don’t send a police response, and he received a police response,” Dave Boyer, Managing Attorney, of Mental Health Rights Project, said.

Boyer, the lead counsel of a lawsuit that Disability Rights Oregon (DRO) filed on behalf of Joshua Wesley, alleges after a year-long analysis, Washington County and the Washington County Consolidated Communications Agency’s (WCCCA) procedures, failed to meet the needs of people experiencing a mental health crisis.

DRO points to Wesley’s experience in October 2022. The lawsuit states Wesley, then 27-year-old and a soon-to-be father, called a suicide hotline in an attempt to save his life.

“They transported him to the emergency room where he decided that the quickest way to end his life was to grab the policeman’s gun, the deputy’s gun,” Boyer said. “The deputy stabbed him repeatedly.”

In response to FOX 12′s request for comment, Washington County sent FOX 12 this statement on the matter, which reads:

“Although Washington County has a policy of not commenting on legal matters where the County is named in litigation, we’re committed to providing professional and compassionate mental health services to community members experiencing a mental health crisis. For more than two decades, we have worked diligently with our partners and stakeholders to develop a system of care to address these deep and complex needs.

The Washington County Behavioral Health Crisis Line has been operating for over 20 years. Additionally, for the past 18 years, Washington County Behavioral Health has provided a behavioral health Mobile Crisis Team (MCT) that responds to behavioral health calls that come into the Crisis Line, 24 hours/day. In 2022 alone, crisis clinicians responded to over 2,100 calls.

Thirteen years ago, Washington County created the Mental Health Response Team (MHRT) Program which includes specially trained deputies paired with mental health clinicians that respond to behavioral health calls. From 2019-2022, the team responded to over 12,000 calls for help. The MHRT program has been so successful—not only in crisis intervention but also in safety planning and diverting people from the criminal justice system—that several city police departments in Washington County now participate in the program as well.

Washington County has been working with the ACLU and Disability Rights Oregon (DRO) for the last two months on ways to address their concerns regarding behavioral health calls to 9-1-1 and avoid litigation. We are disappointed that the ACLU and DRO decided to file a lawsuit which we learned of today through the media.

If you or someone you know is in a behavioral health crisis, please call 503-291-9111 or 9-8-8.”

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The lawsuit alleges the county’s systemic failure to fully integrate its mobile crisis team into the agency’s dispatch system is a major gap in service.

“They have their mental health response team and that needs to be fully funded,” Boyer said.

Next, DRO said they are waiting on a response from the county. Then, said the case could play out in federal court.

A spokesperson with AMR provided a statement:

“First responders handle complex situations with countless variables daily, including individuals experiencing a mental health crisis. American Medical Response ensures that our first responders are properly trained on de-escalation and trauma-informed care to mitigate threatening environments. Upon being awarded the Washington County contract, we engaged the Oregon Health Authority to authorize AMR to provide secure transports for patients experiencing a behavioral health crisis. Although secure transports are pending implementation, the authorization of this classification of transports is new to Washington County and acknowledges the need for mental health care within the region and signals a step forward in the assurance that patients will receive adequate care.”