Michael W. Bien

For nearly 30 years, Bien has worked relentlessly to reform health care for the tens of thousands of state prison inmates with serious mental illness.

There have been successes and setbacks as Bien has seen the epic litigation expand into an effort to cut the prison population and win psychiatric care for death row inmates, where suicide rates have soared. Coleman v. Brown, 90-cv-00520 (E.D. Cal., filed April 23, 1990).

“It has been the case of my lifetime,” Bien said. “I have used it to become a broader expert in the policy of prison reform.”

The named defendant, Jerry Brown, was on his first stint as governor when the case launched. During his second time in office, from 2011 to January 2019, he directed his lawyers to oppose reforms at every turn, Bien said.

“Brown finally did act under the pressure of the court,” Bien added. “I’m hoping Gavin Newsom will do more.” He said he and Prison Law Office Executive Director Don Specter have met with Newsom staff members, and he sees signs of hope.

There have also been serious stumbles. In late 2018, the state prisons’ chief psychiatrist said in a detailed report officials misled the court regarding the performance of the inmate mental health system. U.S. District Judge Kimberly J. Mueller of Sacramento in July issued further orders to the state to improve matters. Another status hearing is set for September.

“It’s not entirely the [California Department of Corrections and Rehabilitation’s] fault that they can’t get out of this case,” Bien said. “Prison is not a good place for mental health treatment, starting with the fact that it is very difficult to find doctors willing to work in the prison system. I want Coleman to end too, but we need to address some broader problems.”

He sees potential solutions elsewhere such as political activists and other state models.

“Californians are shocked, but Texas has a good model for keeping the mentally ill out of prison,” Bien said. “I hope to go see for myself in Houston soon. Baltimore has a sequential diversion program that looks promising.”

So Coleman proceeds. “Although the criminal justice system isn’t well equipped to deal with these broad cultural problems, at least we can keep the pressure on.” Bien said. “My fear is that the new U.S. Supreme Court won’t enforce the 8th Amendment [banning cruel and unusual punishment]. If we can’t bring and prosecute these cases, we’ll have to find another way to force the Legislature to act.”

— John Roemer