A lawsuit claims staff at the Wyoming State Hospital are illegally blocking access to an independent advocacy organization, leaving patients vulnerable to abuse and neglect.
Protection & Advocacy System Inc., a federally funded group with special oversight privileges, alleges the Evanston facility has a history of failing to provide timely access to patients. That problem has severely worsened since September, with Wyoming State Hospital employees now simply ignoring the nonprofit watchdog group’s phone calls, the lawsuit filed Jan. 18 claims.
The lawsuit specifically names two defendants, Wyoming Department of Health interim director Stefan Johansson and WSH Administrator Paul Mullenax, and asks federal courts to “prevent the defendants from restricting full, complete and meaningful access” to P&A’s advocates.
The Wyoming Department of Health oversees the state hospital.
Federal law gives explicit authority to groups like P&A to investigate cases of abuse and neglect. The Cheyenne-based nonprofit also has the power to pursue legal remedies for protection of individuals with mental illness.
In 2019, P&A executive director Jeanne Thobro told the Associated Press that WSH had systemic failures caused by staffing shortages which “have led to very serious and in some cases life-threatening conditions.”
However, the hospital can’t blame staff shortages on its recent failure to provide access to Wyoming P&A, supervising attorney Andew Lemke told WyoFile.
“We have questioned the adequacy of staffing levels at the WSH for some time, and the State has continually denied the existence of any issue with adequate staffing,” he wrote in an email. “It would be disingenuous for them to now state that they would appropriately acknowledge our access rights, if only they had enough staff. P&A’s federal access rights are very clear in the law and we look forward to the matter being resolved so that we can fully represent our clients and advocate for their protection and rights. The State is required to obey federal law. The Complaint details the State’s long history of breaking federal access law. They always offer excuses, when what is required is compliance.”
Wyoming Guardian Corporation, which also has oversight of some WSH patients, has not recently experienced the type of access challenges that P&A alleges, its executive director Emily Smith told WyoFile.
Wyoming Department of Health spokeswoman Kim Deti declined to comment on the ongoing litigation.
Since the start of the COVID-19 pandemic, P&A advocates have experienced increasing difficulty contacting WSH patients by phone, according to the lawsuit. Hospital officials met with P&A in September and proposed “unduly dilatory and complex steps” to be able to talk to patients, according to the lawsuit. The claim lists dozens of instances between October and December in which P&A advocates were blocked from contacting WSH patients. The lawsuit claims P&A advocates’ phone calls go unanswered, and accuses WSH of using caller ID to screen calls.
Federal statute requires P&A to have “reasonable unaccompanied access” to WSH and its patients, including “the opportunity to meet and communicate privately with individuals regularly, both formally and informally, by telephone, mail and in person.”
P&A’s lawsuit cites recent scandals at WSH — including instances of sexual assault, neglect and death — as examples of the risks faced when the hospital “operates in walled secrecy without immediate oversight.”
The house cleaning needs to start at the top. When I worked there I had my own physical issues, documented by a respected medical doctor that stated I shouldn’t work more than 8hrs a day. WSH wanted to staff all line staff for 12 hrs. They refused to accept my Drs findings and left me at 8hrs 3 days a week and used my sick and vacation pay to make up the difference or I’d be fired. When I left I had absolutely no PTO left. I was an employee in excellent standing, always receiving a very positive performance review. That’s just one way administration treated their good workers and why noone wants to work there. The employees are not safe, with the patients often attacking and hurting staff because they know they won’t be in trouble for it. The front line staff work 12hr shifts, well most do.. it’s a proven fact that people working longer than 8 hrs tend to have diminished senses, are not alert and are tired and not able to function at full capacity. The security dept was reduced heavily and required to work a whole unit to one officer. The patients knew this.
There’s a handful that brought Drs notes, as I did, and they got to stay with 8 hrs. There’s too much favoritism with the few employees they have. When I tried to hire an attorney to handle my case not one local attorney would touch it for fear of state recrimination. Patients do deserve the best facility and mental health care. They are out loved ones. Patient advocacy sometimes exercises too much control and over step Treatment plans, sometimes not in the better interest of the patient, it seems just to be able to flex their llegal muscle. When I worked there I was on 2 blood pressure meds because of work induced stress. I no longer have a need for them since I left approx 4 yrs ago. High blood pressure was not in my family health history. The place needs to be sold and run privately by a company that cares about everyone’s safety and care. The spooks in the tunnels are back to exact their vengeance for the care they received as the living
I could share a lot about the State Hospital, knowing no organization is all good or bad, this is the most important, ‘Beg whatever divine power you pray to, to never be sent there.’
In my humble opinion, they (whoever is in control at the WSH) desperately fear change. Staffing is one of many problems there; yet in the same respect, WSH does not support ideologies which conflict with their established norm, e.g., their apparent inability to ‘play well with others’ philosophy. There are a number of improvements which need to happen; but the ‘house cleaning’ to correct the alleged deficiencies needs to start at the top… the problem is NOT the direct-care staff or even the alleged staffing shortage.
Sounds like Wyoming.
Meanwhile needy billionaires get fancy handouts in Jackson Hole.
Staffing shortages are not THE problem, just one problem.
My sister was in Evanston for 3 months in 2021. When I finially picked her up from jail. Almost all her hair was pulled out and she had scans all over her head. The hospital said to check on her heart condition.