Court case to tackle jails' medication-assisted treatment

Legal Analysis

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

    Former Sen. Barringer to run for North Carolina high court

    Legal Analysis 02/06/2019

    Candidates 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...

  • Cristiano Ronaldo pleads guilty to tax fraud at Madrid court

    Cristiano Ronaldo pleads guilty to tax fraud at Madrid court

    Legal Analysis 01/23/2019

    With a guilty plea and a huge fine, Cristiano Ronaldo finally put an end to his tax ordeal in Spain.Nearly four years after an investigation was opened, Ronaldo appeared at a court in Madrid on Tuesday to plead guilty to tax fraud and agree to a fine...

  • Court orders mediation in Maryland desegregation case

    Court orders mediation in Maryland desegregation case

    Legal Analysis 01/05/2019

    A federal appeals court has ordered a fourth attempt at mediation in a long-running dispute over the state of Maryland’s treatment of its historically black colleges.The black colleges say the state has underfunded them while developing program...

New York Commercial Litigation Law Firm - Woods Lonergan PLLC

Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.