I strongly urge those on methadone or the like to know their rights. Check this blog out, it's too long for me to post here, but Iso you'll have to follow the link below:

 

 

 

We are not attorneys but have consulted with them and obtained  information, that we hope will be helpful to you and others, to obtain relief for those being held in custody. The outline below is a civil action claim used to redress your claims as a lay person in the federal court, in your jurisdiction where the parties reside.

                                                          (Caption) 

                                               In The United States Federal
                                              Court For The _______District

                                                For_______________(State)

(Your Name)  (LayPerson)                     *             Civil Action

______________________                      *              Case #________________

            Plaintiff                                    *            

                    V.                                     *           

                                                            *              Exhibits #1  through

(Each named party)                             *              # _________attached.

____________________                        *

Defendants                                         *

                                                           *                      

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                            CIVIL ACTION COMPLAINT

 Comes now___________Plaintiff-Layperson, Indigent, without funds to pay cost to re-dress claims fairly, nor funds for attorney, filing this case on on I believe constitutional violations including but not limited to "Deliberate Indifference to Medical Care and Treatment ", filed in good faith, stated as follows:    

                                    JURISDICTION

(1)  Facts being these parties, [defendants] above named are in the jurisdiction of this federal court .  The fact that my "prescribed methadone " is Federal Government approved medication for" opiate addiction treatment" and is transported across state lines, is in jurisdiction of this honorable court.  Furthermore, based on continued numbers of deaths of methadone patients in jails deliberately denied their prescribed medication, forced to detox, is good-cause shown for Eight Amendment U.S.C.A. violation raised gives this court jurisdiction.

   (2)   Facts being that about forty years ago, "Methadone was approved for use by the Federal  government, Schedule II drug for use in opiate addiction in government facilities and hospitals: later, after seeing the positive results of said treatment, private--owned clinics began to open their doors, as named in this case under doctor's orders, plus under Federal and State methadone laws.

(3)  Facts being that methadone is manufactured, transported across state lines, affecting interstate commerce which gives this Honorable Federal Court jurisdiction over this case.

(4)  Since  plaintiff' has "cited", "quoted" Federal Regulation violated by one or more acts committed, this court has I believe jurisdiction on this case for relief as laws on justice so allows.

                                     FACTUAL ALLEGATIONS

(5)  I am the plaintiff_____________incarcerated at_____________ from _________to___ (dates). I  was denied ______mg of  my "Prescribed Methadone". Individuals who are on methadone maintenance may experience severe withdrawal symptoms if the medication is abruptly stopped.  Persons who have been on maintenance therapy before being incarcerated should continue their usual dosage of medication ...There may, however be on the use of methadone in a prison setting.  In such cases, staff may need to create linkages with local methadone programs.

(6)  On ______(date) I did advise ________________(names) officers, jailor, or nurse of the fact that I was on _______mg of methadone daily which I received from the clinic I attended (name of clinic)________________located at ____________________(address of clinic).

(7)  All my efforts to obtain my prescribed methadone medication have been exhausted, denied or refused by ______________ (officer, jailer or nurse) shown on attached Exhibit #______.

(8)  Note:  Direct evidence prisoners might present are sick call requests for medical attention or records reflecting the date(s) when medical attention was requested, to whom the request(s) were submitted, the medical conditions complained of, the effects of any delay in obtaining access to medical staff, the date(s) when access was provided, specific medical staff seen, treatment provided by particular staff, the nature of follow-up care ordered and whether it was carried out, additional information to indicate the adequacy of treatment, and complaints and formal grievances filed regarding the inadequate care.  Prisoners should also try to obtain copies of their medical records  to see whether medications were properly prescribed or administered and whether their overall treatment was appropriate or carried out properly.  State and number each fact separately.

(9)  Proof of prison officials' knowledge of a substantial risk to a prisoners' health can also be inferred from "the very fact that the risk was obvious."  This circumstantial proof may be shown by deterioration in prisoners' health such as obvious conditions like sharp weight loss, continuous vomiting, diarrhea, chills and fever.  A prison official cannot escape liability if the evidence showed that he merely refused to verify underlying facts that he strongly suspected to be true, or declined to confirm inferences of risk that he strongly suspected to exist.

(10)  You request a "Trial By Jury" as law or justice allows under the Sixth Amendment U.S.C.A.

(11)  _________(Name of Institution) I am incarcerated in does not have any grievance procedure which I believe deprives my Constitutional Secured Right of Due Process of Law,First, Fourth and Fourteenth Amendments U.S.C.A. violated.

(12)  These acts committed , I believe is "Deliberate Indifference To Medical Care And Treatment with my same, as prescribed  medication of Methadone denied ", Eighth Amendment U.S.C.A. as upheld in Estelle versus Gamble, Supra..

 

RELIEF

Based on factual allegations, numbers_____through_____good-cause shown for "Trial By Jury", For Court-Appointees Attorney, For Emergency Court-Ordered Injunction (T.R.O.) Federal Regulation Civil Procedure, Rule 65 and for damages as laws so provide, Respectfully Moves:

     Order granting Plaintiff to proceed in Forma Paupis (Pro-Se);

     Order granting Plaintiff "Trial By Jury", Sixth Amendment U.S.C.A.;

     Order granting Court-Appointed Attorney to redress all claims fairly under Due Process of Law, Fourth, and Fourteenth Amendments U.S.C.A.;

     Order granting "Emergency Temporary Relief" (T.R.O.) for the same prescribed "Methadone Dosage" daily to be restored to Plaintiff, Federal Regulation Civil Procedure , Rule 65;

     Order granting such other relief This Honorable Court, so allows. to prohibit any forms of retaliation by Defendants toward Plaintiff.

Sworn To On This _____Day                                  Respectfully Submitted

Of___________, 2004                                            ____________________

                                                                            (Name Of Plaintiff)

                                                                            _____________________

                                                                             (Address Of Plaintiff)

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If you have a story to tell about yourself or someone else's experiences withdrawing from methadone while incarcerated, we want to hear it. Denying methadone maintenance patients their medication while incarcerated is a violation of patient rights and something advocates want to change. The stories you send us will help all patients that have the misfortune of being incarcerated and denied medication. Stories should be sent A.T. Watchdog at:

 

 

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