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Brief of Mass. Med. Soc’y et al. as Amici Curiae in Support of Pl.’s Emergency Motion for Temporary Restraining Order & Prelim. Injunction

Medical organizations argue opioid use disorder is a brain disease requiring medication-assisted treatment. They contend the jail's policy of terminating treatment is outdated and dangerous, urging the court to order continued care.

(2018)

Proposed Brief of Pub. Health Scholars as Amici Curiae in Support of Pl.’s Motion for Temporary Restraining Order & Prelim. Injunction

Public-health scholars argue methadone is a safe, effective treatment for opioid use disorder. They contend defendants mischaracterize methadone and that forced withdrawal is not medically recommended.

methadoneopioid use disorderMOUDmedication-assisted treatmentcorrectional settingsstandard of care
(2018)

Moore v. Texas

The Supreme Court ruled Texas violated the 8th Amendment by using outdated medical standards for intellectual disability in death penalty cases, rejecting current diagnostic criteria.

8th Amendmentintellectual disabilityDSM-5medical diagnostic standardsmedical standards
(2017)

Covington v. State

The court upheld Edward Covington's death sentences for murder. His claims of bipolar disorder and cocaine abuse were rejected, as voluntary drug use diminished mitigation.

death sentencemurderbipolar disordercocaine usemitigation
(2017)

Screening, treatment initiation, and referral for substance use disorders

A new model called STIR, which includes medication at initial visits, shows promise for treating substance use disorders. Two studies found it effective in reducing tobacco and opioid use in emergency room settings.

(2017)

Commonwealth v. Henry

The SJC ruled judges must consider a defendant's ability to pay restitution and cannot extend probation due to poverty. This reasoning has been used to challenge mandatory abstinence conditions.

restitutionprobationpovertyindigent defendantsprobation conditions
(2016)

Marshall v. Eyecare Specialties, P.C. of Lincoln

The Nebraska Supreme Court found alcoholism can be a disability under state law. However, the employee's firing was upheld, as it was due to performance, not her addiction.

alcoholismdisabilityemployerfiredaddictionperformance issuesemployee
(2016)

Brief for Amici Curiae The Legal Action Center, et al., in Support of Appellants

Amici argue that New York law protects people with conviction histories from hiring discrimination by both direct employers and controlling third parties. They assert that entities dictating "no-hire" policies are liable.

discriminationconviction historiesindividualized assessments
(2016)

Pollard v. Drummond

The court found that firing a coal miner for prescribed methadone use, without assessing his individual risk, might be disability discrimination. This raised questions about whether he posed a direct threat.

ADAmethadoneemployment discriminationdirect threat
(2015)

McFadden v. United States

The Supreme Court ruled the government must prove a defendant knew a substance was controlled to prosecute under the Analogue Act.

controlled substancedrug prosecutioncriminal lawmens rea
(2015)

Cannabis Action Coalition v. City of Kent

The court affirmed Kent's ban on medical cannabis collective gardens, holding that state zoning law does not preempt municipal authority to regulate them.

medical cannabiszoningmunicipal bans
(2015)

US v. Kamper

The Sixth Circuit ruled that drug addiction alone does not justify a lighter sentence for child pornography distribution. The court found addiction insufficient grounds for a downward variance.

downward variancedrug addictionleniencysentencingchild pornography distribution
(2014)

Kosilek v. Spencer

The court ruled a serious medical need can be a future harm risk, but found no indifference as staff reasonably offered alternative care.

deliberate indifferenceserious medical needprison staffrisk managementfuture harm
(2014)

Alvarado v. Westchester County

The court partly upheld claims from Westchester inmates alleging forced cold-turkey heroin withdrawal without medication violated their rights. Claims against Smithson and the Monell claim can proceed.

heroin withdrawalcold-turkeymethadoneSuboxonerights violationMonell claimEighth Amendment
(2014)

Lebron v. Secretary of the Florida Department of Children and Families

The court blocked Florida's law requiring suspicionless drug tests for welfare applicants. It found no special need to justify invading privacy without cause.

drug testingTANF4th Amendmentpreliminary injunctionwelfare
(2013)
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