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Smith v. Aroostook County
The court ordered Aroostook County Jail to continue Brenda Smith’s buprenorphine prescription during her sentence. Forced withdrawal would cause severe suffering and overdose risk, likely violating the ADA.
Commonwealth v. Eldred
The court upheld a probation violation for fentanyl use, ruling that relapse, even with addiction as a disease, was a willful breach of a drug-free condition. This condition was considered treatment-oriented.
Pesce v. Coppinger
A federal court ordered a jail to provide methadone to an inmate for opioid use disorder. Officials likely violated disability and cruel and unusual punishment laws by refusing his prescribed treatment.
Breaux v. Bollinger Shipyards, LLC
The court allowed an employee's discrimination claims to proceed after being fired for Suboxone use. It dismissed a privacy claim, finding no unreasonable intrusion.
Bonnifield v. Lewis
The court upheld a conviction despite expert testimony of drug-induced psychosis, ruling California law prohibits insanity defenses based solely on substance abuse.
Commonwealth v. Plasse
The Massachusetts SJC upheld a sentence where a judge considered the defendant's need for addiction treatment. Rehabilitation is a valid factor in sentencing decisions.
Brief of Amici Curiae of 11 Addiction Experts in Support of Appellee
This brief argues against the brain disease model of addiction. It asserts that addiction is a set of behaviors responsive to consequences, not an involuntary condition like other brain diseases.
Amicus Curiae Brief of the American Civil Liberties Union of Massachusetts, Inc., The Center for Public Representation, and Prisoners' Legal Services in Support of the Petitioner
This brief argues that courts should not jail individuals with substance use disorder for relapsing on probation. It asserts that requiring an addicted person to remain drug-free is unjust and violates precedent.
Brief for the Massachusetts Medical Society as Amicus Curiae, joined by AAAP, Association for Behavioral Healthcare, Grayken Center at BMC, MOAR, Mass. Society for Addiction Medicine, Northeastern Law’s Health Policy Center, and 28 others.
The brief argues that addiction is a chronic brain disease. Punishing relapse ignores medical consensus and hinders effective treatment, ultimately harming public health.
Associations between substance use and type of crime in prisoners with substance use problems - a focus on violence and fatal violence
Substance use disorders are common among incarcerated individuals and strongly predict violent crime. Specific substance use patterns differ among prisoners depending on the type of crime committed.
Neuropsychological changes in patients with Substance Use Disorder after completion of a one month intensive outpatient treatment program
Many adults with substance use disorders (SUD) also have impaired executive functioning (EF). This study found that patients completing an intensive outpatient program for SUD showed improved EF, though some impairment remained.
US v. Mosley
The court found Mosley's mental health issues and substance use disorder mitigated his violations. He received time served and supervised release instead of more incarceration.
US v. Montgomery
The court ruled the government failed to prove Kevin Montgomery was sexually dangerous. His cocaine use disorder was not a serious mental illness justifying civil commitment.
Neuroscience of addiction: Relevance to prevention and treatment
Drug overdoses, alcohol, and tobacco use cause hundreds of thousands of deaths and substantial economic costs annually. Research on neurobiology and genetics is helping identify new ways to prevent and treat substance use disorders.
Brief of the Committee for Public Counsel Services, the American Academy of Addiction Psychiatry, the ACLU of Massachusetts, and nine other organizations as amici curiae
The brief argues a judge improperly increased a probationer's jail sentence solely for treatment. It contends judges cannot sentence for an offender's welfare, as they lack control over prison treatment programs.