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BOSTON (CN) – The denial of methadone to opioid-addicted inmates is a cruel and unusual punishment, the ACLU said in federal court Wednesday.
The American Civil Liberties Union has filed a lawsuit against the Essex County Sheriff's Department in the Massachusetts District, on behalf of prisoner Geoffrey Pesce, requesting that he receive a daily methadone treatment license.
"Denying drug-assisted treatment to incarcerated people with opioid-related disorders is both dangerous and illegal," said Carol Rose, executive director of the Massachusetts ACLU, in a statement. "For someone with a serious illness, treatment is not optional – it's essential. Public officials must support the efforts of the people to overcome opioid addiction and not hinder them. "
"If Mr. Pesce does not receive his prescribed methadone, he will go into acute withdrawal, which is extremely painful and carries an increased risk for many serious medical conditions," say Pesce's lawyers. "In addition, it is highly likely that Mr. Pesce's discontinuation of methadone treatment will result in an opioid relapse during or immediately after incarceration, with a high risk of overdose and death. Mr. Pesce is particularly scared of this result because his former roommate died of an overdose soon after being released from Middleton HOC [house of corrections]. "
According to the 18-page complaint, Pesce's license was suspended for a non-violent drug charge that occurred before Pesce was reinstated.
Pesce has to go to a clinic every three days to get some methadone. Although his relatives lead him, he ended up without any means of transport because of the death of a neighbor.
In a desperate attempt to avoid a relapse, Pesce conducted himself and the police arrested him for exceeding the six-mile speed limit, according to the complaint. This led to his incarceration for driving without a valid license.
He expects to serve a 60-day mandatory minimum sentence at Middleton House of Corrections after a sentencing hearing scheduled for September 24th.
Pesce has been recovering for two years with the help of medications prescribed by a doctor, but the Middleton House of Corrections refuses to provide medical treatment to people with opioid-related disorders, including those who arrive with a prescription for these drugs recovery, according to a press release from the Massachusetts ACLU.
The administration of addiction treatment and mental health services reports that opioid use has been declining steadily since 2016, mainly because of drug-assisted treatment programs. This week, US Health and Human Services provided $ 1 billion in grants for programs dedicated to opioid addiction.
The Pesce lawsuit alleges that the denial of drugs to opiate addicts violates the eighth amendment, which prohibits cruel and unusual punishment. He also argues that the practice violates the Americans with Disabilities Act, which prohibits the disparate treatment of people in drug recovery programs.
A spokesman for the Essex County Sheriff's Department did not respond to a voice message requesting a comment on Wednesday.
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