Carruthers v. Tony

  • Latest Update: Jan 01, 2026
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The ACLU represents all prisoners at the Broward County Jail, challenging inadequate mental healthcare. In 1995, a consent decree was approved that acknowledged that the living conditions of the inmates were unconstitutional, set a population cap for the jail, and established a system for compliance monitoring. The ACLU then joined as counsel in 2001 to oppose the Broward County Sheriff’s efforts to terminate the consent decree. In 2004, two stipulations for settlement were entered that dismissed the medical claims and narrowed the scope of monitoring. The stipulations also limited judicial oversight of the jail to issues “relating to mental health services, inmate rules and discipline, inmate safety and security, facility capacity, and inmate access to religious publication and services and access to legal material.”

In 2010, a significant increase in the jail population led to overcrowding. The Court then appointed a population management expert to produce a report examining the processes and policies affecting the population at the jail. In 2014, two prisoners filed motions asserting the consent decree had been violated. In 2016, the Court held a hearing on whether to dissolve the consent decree and later preliminarily approved a settlement. Later, a 2018 report by a mental health expert described the conditions of the jail as “absolutely inhumane.” In 2018, the parties reached a comprehensive settlement agreement that would result in improvements throughout the jail’s mental-healthcare system. The settlement will result in termination of the consent decree and a dismissal of the case when the jail has maintained substantial compliance with each of the substantive provisions of the agreement for one year.

In December 2020, we filed an expert report explaining the jail’s lack of compliance. Another expert report was filed in May 2023, January 2024, August 2025 and January 2026. We continue to monitor progress towards compliance and we are pleased that the jail is making progress.

WHAT'S AT STAKE

The Broward County Jail entered into an agreement to improve mental health care for its inmates and limit overcrowding. The Jail then tried to terminate this agreement and continued its inhuman practices. This litigation seeks to ensure appropriate mental healthcare is available for all detained individuals.

The Latest: We continue to work towards a successful resolution.

Attorney(s):
Daniel Tilley