Lawsuit Against NY Jail Reaffirms Anti-Discrimination Protections for People with OUD & Highlights Need for Thorough Implementation of Recently Passed Law on MOUD Access for[...]

Syracuse, NY - On two separate occasions in 2021 and 2022, Koree Wilson was forced into excruciating, medically inappropriate withdrawal after Defendants, ­including Fulton County, the county sheriff, and certain FCCF staff, refused to provide his doctor-prescribed methadone. The complaint, filed on February 22, 2024 in the US District Court for the Northern District of New York, alleges that Defendants' denial of methadone violated the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the New York State Human Rights Law, all of which protect people with disabilities, including opioid use disorder (OUD), from discrimination. Mr. Wilson also alleges that Defendants' denials violated his constitutional rights to be free from cruel and unusual punishment.

In October 2022, a New York State law took effect requiring all jails and prisons in the state to provide access to all forms of FDA-approved medications for opioid use disorder, including methadone and buprenorphine. While the law's passage is an important piece of the larger effort to combat the deadly overdose crisis, effective implementation is vital to ensuring that all incarcerated New Yorkers with OUD are able to timely and effectively access the healthcare they need. Unfortunately, the State has not released data showing whether jails are complying with this law. The only information made available was by the New York State Department of Corrections and Community Supervision, which supervises the State prison system, and that report lacked crucial information to explain the shocking racial disparities in its provision of MOUD. Only ten percent of program participants in the year ending July 31, 2023 were Black even though 49% of the state's prison population is Black and Black New Yorkers experience the highest overdose rate of any demographic group statewide. In contrast, 61% of program participants were white even though they account for only 23% of the state's prison population.

"Healthcare is a right, not a privilege. This lawsuit is a reminder of the liability New York's jails and prisons face if they continue to deny necessary healthcare to people with OUD. Appropriate access to MOUD is the standard of care specifically required under NYS law. Failure to provide this access violates not only state law but also federal anti-discrimination laws and the US Constitution," says Rebekah Joab, LAC Senior Staff Attorney. "Denying access to MOUD is not only illegal, it's inhumane and dangerous. Studies have shown that people leaving incarceration are 12 times more likely to die of drug overdose in the two weeks following their release when compared to the general public. Overdose deaths will continue to rise if individuals subject to the criminal legal system are unable to access the medications proven to be lifesaving."

In the complaint, Mr. Wilson alleges that Defendants' denial of prescribed methadone caused him to "experience withdrawal symptoms, including excessive perspiration and suicidal thoughts… [He] repeatedly communicated to FCCF staff that his withdrawal symptoms were escalating, including that he was experiencing amplified anxiety, racing pulse, difficulty eating and sleeping, and the feeling of needing to bang his head against a wall." Because he was forced into withdrawal two times, Mr. Wilson alleges that he feared taking methadone again because of what would happen if he was again forced to abruptly stop taking the medication that helped him maintain his recovery.

Mr. Wilson is represented by Rebekah Joab and Sally Friedman for LAC; and Greg Laufer, Ariane Rockoff-Kirk, Taylor Dow, Charles Thau, and Agnes Lee for Paul, Weiss, Rifkind, Wharton & Garrison LLP. To learn more about the case, click here. You can also click here to learn more about the 2022 state law requiring MOUD access in NYS jails and prisons.

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Media Contact:

Arianne Keegan, Director of Communications
Legal Action Center
[email protected]
(212) 243-1313