|
|
|
Court case to tackle jails' medication-assisted treatment
Court News |
2019/02/12 02:17
|
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.
|
|
|
|
|
|
|
Appellate judge announces run for Supreme Court seat
Court News |
2019/02/06 11:16
|
An appellate judge has announced he will run for a spot on the Kentucky Supreme Court days after Justice Bill Cunningham retired.
Kentucky Court of Appeals Judge Christopher "Shea" Nickell told The Paducah Sun that he is running in November's election for the vacant seat, which represents the First Supreme Court District encompassing 24 counties in western Kentucky. The winner of the general election will serve the rest of Cunningham's current term ending in 2022.
Gov. Matt Bevin will appoint a temporary justice to the seat until November, but Nickell did not submit his name for consideration. He says that would have required him to step down from the appeals court.
Nickell practiced law for 22 years before he became an appellate judge. |
|
|
|
|
|
|
Federal court supports man's innocence claim in 1976 death
Court News |
2019/02/01 11:21
|
A federal appeals court has ruled in favor of a North Carolina man who's spent more than four decades in prison for a murder he says he didn't commit.
The Wilson Times reports the 4th U.S. Circuit Court of Appeals unanimously concluded 80-year-old Charles Ray Finch's constitutional rights were violated during three police lineups and no reasonable juror would have convicted Finch based on the totality of evidence.
Finch was convicted in the 1976 death of Richard Holloman, who was shot during a failed robbery inside his country store.
The Duke Wrongful Convictions Clinic has worked on Finch's case since 2001. Co-director Jim Coleman says the ruling technically sends the case back to the lower court, but he hopes state Attorney General Josh Stein will join a motion to overturn the conviction and release Finch. |
|
|
|
|
|
|
Connecticut Supreme Court issues fewer rulings in 2018
Court News |
2019/01/17 23:10
|
Connecticut officials say state Supreme Court rulings declined sharply in 2018, possibly a result of a major shakeup of the court over the past two years that included the appointments of a new chief justice and four new associate justices.
The Connecticut Law Tribune reports the seven-member high court decided 86 cases in 2018, a 17 percent decrease from the 104 cases decided in 2017.
Paul Hartan is the chief administrative officer for state appeals courts. He says the learning curve of new justices likely contributed to the decline in rulings.
New justices appointed to fill vacancies since March 2017 include Gregory D'Auria, Raheem Mullins, Maria Araujo Kahn and Steven Ecker. Justice Richard Robinson became chief justice last May, succeeded Chase Rogers, who retired.
|
|
|
|
|
|
Legal Marketing News RSS
