Court case to tackle jails' medication-assisted treatment

Law Journals

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

  • The Latest: Porn star's lawyer shows up at Cohen sentencing

    The Latest: Porn star's lawyer shows up at Cohen sentencing

    Law Journals 12/13/2018

    The outspoken lawyer for porn star Stormy Daniels has turned up at the federal courthouse in Manhattan where Michael Cohen is scheduled to be sentenced for crimes including a hush-money payment to the performer.Michael Avenatti represented Daniels in...

  • Government asks high court to hear transgender military case

    Government asks high court to hear transgender military case

    Law Journals 12/01/2018

    The Trump administration asked the Supreme Court on Friday to issue an unusually quick ruling on the Pentagon's policy of restricting military service by transgender people. It's the fourth time in recent months the administration has sought to bypas...

  • Court fight likely in 10-year-old girl’s homicide case

    Court fight likely in 10-year-old girl’s homicide case

    Law Journals 11/10/2018

    When a 10-year-old Wisconsin girl was charged with homicide this week in the death of an infant, it was a rare — but not unprecedented — case of adult charges being filed against someone so young.The girl told investigators she panicked a...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.