PHILADELPHIA, PA — The United States Department of Justice (DOJ) has stepped in to clarify the obligations of state and local jails under the Americans with Disabilities Act (ADA). U.S. Attorney Jacqueline C. Romero announced the filing of a Statement of Interest in federal court on Monday, focusing on the provision of medication for inmates suffering from opioid use disorder (OUD).
The action is related to the case of Strickland v. Delaware County et al. This private lawsuit alleges that a jail denied methadone, a prescribed OUD treatment, to an inmate who had been using it as per doctor’s orders before incarceration. The jail’s policy reportedly banned methadone for all inmates, except pregnant women who had been taking it prior to their imprisonment.
According to the DOJ’s Statement, this categoric denial of access to OUD medication without individual medical necessity assessment contravenes the ADA.
U.S. Attorney Romero emphasized her office’s commitment to fighting the opioid crisis. She said, “That includes enforcing the ADA to remove discriminatory barriers to treatment for OUD. Today’s Statement of Interest reminds jails and prisons about their obligations to address the needs of individuals with OUD and comply with the ADA.”
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division also commented on the issue. “Jails and prisons are on the frontlines of the opioid epidemic,” she said. “The ADA requires that jails individually assess the medical needs of each of these individuals and not categorically deny access to the Food and Drug Administration-approved OUD medications that many may need to effectively treat their disability.”
The DOJ’s Statement aligns with its broader efforts to eliminate discrimination against individuals with OUD and to dismantle barriers to treatment. The United States has previously entered into settlements with jails and prisons in Pennsylvania and nationwide to increase access to OUD medication. These include settlements in Allegheny County, Pennsylvania, Eastern Kentucky, and Massachusetts. The DOJ has also taken action against discrimination in court supervision programs in Pennsylvania and Massachusetts.
Assistant U.S. Attorney and Deputy Civil Chief for Civil Rights Lauren DeBruicker managed this matter for the Eastern District of Pennsylvania, working closely with attorneys from the Disability Rights Section of the Justice Department’s Civil Rights Division.
For the latest news on everything happening in Chester County and the surrounding area, be sure to follow MyChesCo on Google News and MSN.