Examining Cases of Alcohol and Opioid Withdrawal Injuries and Deaths in U.S. Criminal Justice Custody

• In Event: Substance Use and Mental Health Treatment in Correctional Systems: Policy, Practice, and Outcomes

Abstract

Drug and alcohol dependent individuals are likely to make contact with the criminal justice system, placing the safety of these vulnerable individuals in the hands of a system that is often ill-equipped to handle such crises. In correctional settings, factors such as inadequate training, resources, or policies hinder personnel’s responses to individuals withdrawing from alcohol or opioid in custody. As a result, incarcerated individuals have suffered injuries or deaths from a lack of sufficient medical care for withdrawal symptoms. This paper analyzes legal cases alleging constitutional violations resulting in opioid and alcohol withdrawal related injuries and deaths in custody. Legal issues, such as proving deliberate indifference to medical needs or medical providers and correctional staff receiving qualified immunity, challenge survivors’ abilities to receive justice and hold personnel accountable when failures result in tragedies. Criminal justice policy implications related to detained individuals’ rights to adequate medical treatment and protection from cruel and unusual punishment are discussed.

Authors

• Hailey Coupel, Loyola University New Orleans

• Victoria Rivera Laugalis, Loyola University New Orleans

• Michael S. Vaughn, Sam Houston State University