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Prisoners as Patients: The Opioid Epidemic, Medication-Assisted Treatment, and the Eighth Amendment
Michael Linden1, Sam Marullo1, Curtis Bone1
1Michael Linden is a member of the class of 2019 at Yale Law School. Sam Marullo is a member of the class of 2020 at Yale Law School. Curtis Bone, M.D., M.H.S., completed medical school at the Johns Hopkins School of Medicine and a masters degree in epidemiology at the Johns Hopkins School of Public Health. He is currently an addiction medicine research fellow at the Yale University School of Medicine and West Haven VA. Declan T. Barry, Ph.D., is a psychologist and an associate professor of psychiatry at the Yale University School of Medicine. Dr. Barry is also the director of research at the APT foundation, a non-profit substance abuse treatment facility in Connecticut. Kristen Bell J.D., Ph.D., is a graduate of Stanford Law School and earned her Ph.D. in legal and moral philosophy at UNC-Chapel Hill. She is currently a Lecturer in Law, Associate Research Scholar in Law, and Senior Liman Fellow in Residence at Yale Law School.
Abstract:
This article argues that correctional institutions violate the Eighth Amendment when they refuse to establish MAT programs and prevent doctors from exercising medical judgment to properly treat incarcerated people with OUD.
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