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May 4, 2019 – Jail officials told her lawyer they were going to interrupt that treatment during her sentence, according to this week’s ruling, forcing her to undergo withdrawal in jail. They argued the drug is contraband in the jail and could hinder rehabilitation and become a source of trafficking. Smith and the ACLU of Maine challenged that position in court, arguing that withholding treatment would violate the Americans with Disabilities Act and the 8th Amendment of the constitution.
Susan Friedman of the Legal Action Council in New York has worked on the intersection of the Americans with Disabilities Act and access to medication-assisted treatment for the better part of a decade and she agrees with Bonds’ assessment. Friedman says not only is the ruling binding for courts and jails in the First Circuit, courts around the country will pay attention to this affirmation that denying inmates in jail medication-assisted treatment for opioid use disorder violates the ADA – and is illegal.
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