Court case to tackle jails' medication-assisted treatment
Legal Issues
The American Civil Liberties Union of Maine started making its case in federal court on Monday against the ban on medication-assisted treatment in county jail amid the opioid crisis.
Democratic Gov. Janet Mills recently lifted the Maine Department of Corrections' ban on medication-assisted treatment. The ACLU's lawsuit filed in September argued that it's unconstitutional and harmful for Maine jails to prohibit such treatment.
Madawaska resident Brenda Smith sued, asking to continue using medication-assisted treatment to keep her opioid use disorder in remission. Smith, who is expected to report to Aroostook County Jail this year, testified Monday in U.S. District Court in Portland during a court case that is expected to last all week.
Smith wept on the stand while describing how access to the medicine is critical to stabilizing her life. ACLU lawyers said they will spend the week making the case that such access is a constitutional issue, as well as a protected right under the federal Americans with Disabilities Act.
"It makes me feel normal, like I'm a normal human being," Smith said.
Smith's lawsuit against the jail comes at a time when jails and prisons across the country are starting to provide addiction medications to inmates, as resistance from long-skeptical corrections officials appears to be loosening amid the national drug epidemic.
Attorneys for the jail have pushed back at the idea that a ban on medically assisted treatment is a violation of a prisoner's rights. Attorney Peter Marchesi, an attorney representing the jail Monday, has previously said medical staff members at the jail have the ability to manage prisoners' withdrawal symptoms.
Monday's court action also included an expert witness, Dr. Ross MacDonald, who has overseen medical care for New York City's jail system. The medical literature supports medication-assisted treatment for opioid use disorder, and it's important to have that option available to prisoners, he said.
Related listings
-
Former Sen. Barringer to run for North Carolina high court
Legal Issues 02/07/2019Candidates for the North Carolina Supreme Court continue to grow with two or three seats on the ballot next year due to Chief Justice Mark Martin's impending resignation.Former state Sen. Tamara Barringer of Cary told supporters Tuesday she would see...
-
High court lets military implement transgender restrictions
Legal Issues 01/22/2019The Trump administration can go ahead with its plan to restrict military service by transgender men and women while court challenges continue, the Supreme Court said Tuesday. The high court split 5-4 in allowing the plan to take effect, with the...
-
Family's fight for liquor license leads to Supreme Court
Legal Issues 01/14/2019Doug and Mary Ketchum chose Memphis, Tennessee, as a place to live with their disabled adult daughter because it has clearer air than their former home in Utah.That was the easy part. Their decision to support themselves by buying a liquor store has ...
East Greenwich, RI Family Law Office
The Law Office of Erica S. Janton offers a wide range of legal services in all areas of family law, encompassing divorce, paternity, adoption, child support, child custody and placement, post judgment modifications, mediation and other related issues.
Erica S. Janton has extensive experience in complex high asset and high conflict family law matters. For the last decade, Erica S. Janton has devoted her career to the family law, first as a mediator and then in her legal career as a family law attorney and mediator. Attorney Janton represents a large variety of clients and has earned a well-regarded reputation for resolving complex custody and high asset, high conflict divorce cases. When providing clients with representation as an attorney, she is a compassionate and staunch advocate who ensures that her clients are well informed of their options and the related process, and prepared for every possible scenario a client may encounter.
Erica S. Janton has extensive experience in complex high asset and high conflict family law matters and uses her experience within the family court arena to individually tailor strategies with each of her clients and provide realistic solution focused results.