Overdose Deaths in Jail: Why Medication-Assisted Treatment Access Is Emerging as a Core Civil Rights Issue

Families of inmates who died behind bars due to neglect or other wrongful conduct can sue the prison system in a civil rights action. The experienced Los Angeles County jail death attorneys at the Skapik Law Group can fight on your family’s behalf.

A prison cannot simply “lock a prisoner up and throw away the key.” When one is incarcerated, the prison system must observe and respect their constitutional rights. Prisoners must receive certain vital care, and the failure to provide it can be a violation of their civil rights. This legal concept can apply when an inmate died of an overdose after a prison system failed to administer medication-assisted treatment.

When a loved one dies behind bars, your family deserves answers, and you may even merit financial compensation when the prison system broke the law. Speak to the passionate Los Angeles County jail death lawyers at the Skapik Law Group by calling us at (909) 398-4404 to learn how we can leave this fight for your family.

Inmates Often Need Medication-Assisted Treatment for Opioid Addiction

There is a high prevalence of opioid addiction among inmates. There are some estimates that up to one-quarter of incarcerated inmates meet criteria for opioid use disorder. Inmates may benefit from medication-assisted treatment, especially after they have first been incarcerated. Otherwise, they may suffer extreme effects of withdrawal, or they risk an overdose when they are incarcerated. Inmates are also at a high risk of overdose after they have been released if they return to opioid use because their systems cannot tolerate large amounts of drugs.

Unfortunately, even standard medical care is something that is often denied to inmates. Prison systems that overly focus on punishment as opposed to rehabilitation certainly do not pay as much attention as required to the whole human. Whether it is due to a lack of budgetary resources, or a simple lack of compassion, prisoners who have a substance abuse issue do not receive counseling or certain medications they may need to break the addiction. In fact, more than half of prison systems do not provide these medications, even if an inmate may have a constitutional right to them.

Inmates may run into a number of difficulties when it comes to medication-assisted treatment for their substance abuse disorder:

• The prison may not administer enough of the medication due to budgetary issues
• The prison system may not continue the treatment that the inmate began to receive before they were incarcerated
• The inmate may not receive necessary care beyond medication that can help with their substance abuse
• There is no qualified staff to administer the medications

The Eighth Amendment May Require Medication-Assisted Treatment

When an inmate has a substance abuse issue, they have the same constitutional protections that apply to other types of health problems. If they are incarcerated after they have been convicted of a criminal offense, the 8th Amendment is the applicable standard. This amendment prohibits cruel and unusual punishment. This can include the failure to provide necessary care. When an inmate has a substance abuse disorder, medication-assisted treatment may be considered necessary care for their well-being.

There have been many court cases filed against prison systems for their denial of medication-assisted treatment. Many of these cases were filed by inmates, and those who are acting on behalf of them, seeking to order the prison system to provide this treatment. When a family member has died due to an overdose when they were not provided with the appropriate treatment, they can file a Section 1983 lawsuit for the violation of constitutional rights.

Courts use the deliberate indifference standard when a plaintiff has sued the prison system for failure to provide medical care. Specifically, courts apply the test that the Supreme Court laid out in the case of Farmer v. Brennan. A prisoner’s civil rights are violated when prison officials knew of a substantial risk, and they failed to act.

There are some challenges that your family will face in these lawsuits. Not every overdose that happens in prison is the result of a violation of the inmate’s constitutional rights. You must show that there was a causal relationship between the overdose and the failure to provide the necessary treatment. The prison system may also defend against your claim by stating that they knew of your loved one’s substance abuse condition, but they made a reasonable medical judgment that medication-assisted treatment was not necessary.

Contact a Los Angeles County Jail Death Law Firm

Everyone has legal rights, including prison inmates. If the prison system violated your loved one’s constitutional rights, and it led to their death, speak to the Los Angeles County jail death lawyers at the Skapik Law Group. Schedule a free initial consultation by visiting our website or by calling us today at (909) 398-4404.