Amicus Brief of Disability Services Experts in Markelle Seth v. District of Columbia, et al.

Abstract

This amicus brief, written on behalf of experts in the delivery of services to people with intellectual and developmental disability, supports reversal of the district court decision to dismiss a complaint challenging the indefinite detention of Markelle Seth, a young man with intellectual disabilities, who is suffering in prison despite not having been convicted of any crime. Mr. Seth challenges the failure of the District of Columbia to provide him with supports and services in the most integrated setting appropriate. There is strong evidence that Mr. Seth, like many individuals with intellectual and developmental disability, can be safely treated in the community. Among experts in the delivery of services to people with intellectual disability, there is consensus that individuals with intellectual disability who engage in sexually inappropriate behavior are not necessarily “sexually deviant.” This brief offers research to contextualize the occurrence of inappropriate sexual behavior among individuals with intellectual disability and the successful treatment of these individuals through individualized, community-based treatment programs.