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Unified Judicial System of Pennsylvania, Discriminating Against People with Opioid Use Disorder, Pennsylvania 2022

The Unified Judicial System of Pennsylvania (UJS) has been accused of violating the Americans with Disabilities Act (ADA) by preventing individuals under court supervision from taking lawfully prescribed medication to treat opioid use disorder (OUD).

According to a lawsuit filed by the Justice Department in 2022, UJS courts in multiple counties allegedly caused significant harm through the enforcement of their discriminatory administrative policies. Those affected by the UJS court policies were forced to choose between taking their medication and facing incarceration or termination from their treatment court program, or forgoing their medication and suffering painful withdrawal symptoms while risking relapse, overdose, and death.

As a result of the alleged discrimination, individuals with OUD were put in an agonizing position, forced to make an impossible choice between their health and their freedom. The complaint alleged that the named county courts and other UJS courts had likely harmed many other individuals with OUD through the enforcement of their discriminatory policies.

Under the settlement agreement, UJS courts will pay $100,000 to victims identified in the complaint. They will also train all Pennsylvania state court criminal judges and treatment court professionals on the ADA and encourage all its component courts to adopt new policies and train personnel on the ADA’s anti-discrimination requirements regarding OUD and report on their compliance efforts.

“People with opioid use disorder caught up in the criminal justice system should be supported in seeking treatments that can help them attain recovery,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Under this agreement, courts that categorically restricted the use of opioid treatment medication are required to allow people with opioid use disorder to take proven medications that can put them on a path toward recovery and rehabilitation.

The settlement agreement resolves the department’s lawsuit against the UJS, Supreme Court of Pennsylvania, and Blair, Jefferson, Lackawanna, and Northumberland County Courts of Common Pleas. The agreement marks a significant step towards ensuring that individuals with OUD receive the treatment they need to recover and reintegrate into society.

The Unified Judicial System of Pennsylvania, Discriminating Against People with Opioid Use Disorder, Pennsylvania 2022

Defendant: Unified Judicial System of Pennsylvania

Criminal Charges: Violating the Americans with Disabilities Act (ADA)

City and State: Harrisburg, Pennsylvania

Exact Date: 2022

Sentence or Outcome: Settlement Agreement

Dollar Amounts: $100,000

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