another state is at the center of a lawsuit over how they treat their mentally ill prisoners a south carolina judge on wednesday ruled that the south carolina department of corrections violated the cruel and unusual punishment clause in the state constitution the state now has six months to make a plan to better deal with its mentally ill inmates thirty five hundred seriously mentally ill inmates have filed a class action suit against the south carolina department of corrections during the five week trial ten inmates testified about harsh treatment that included long periods and restraints excessive use of pepper spray and long term solitary confinement and his ruling fifth circuit court judge michael baxley said the state's mental health program is quote inherently flawed and systemically deficient in all major areas but judge also note. that the lack of basic mental health care has led to death in some cases a lawsuit was filed by protection an advocacy for people with disabilities and the group did not seek financial damages but did ask the court to compel the department of corrections to provide adequate mental health care for its inmates and the department of c