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Case Name Sclafani v. Mici PC-MA-0051
Docket / Court 1:19-cv-12550-LTS ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Attorney Organization ACLU Affiliates (any)
Case Summary
On December 19, 2019, three plaintiffs who were incarcerated in Massachusetts filed a lawsuit in the U.S. District Court for the District of Massachusetts alleging discriminatory denial of adequate medical care. Their complaint asserted that this denial violated the Americans with Disabilities Act ( ... read more >
On December 19, 2019, three plaintiffs who were incarcerated in Massachusetts filed a lawsuit in the U.S. District Court for the District of Massachusetts alleging discriminatory denial of adequate medical care. Their complaint asserted that this denial violated the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.) and the Eighth Amendment to the U.S. Constitution. The American Civil Liberties Union of Massachusetts represented the plaintiffs in conjunction with private counsel. The defendants were the Commissioner of the Massachusetts Department of Correction, the Superintendents of MCI Cedar Junction, and the Superintendent of MCI Norfolk in their official capacities. The case was assigned to Judge Leo T. Sorokin.

Prior to incarceration, the plaintiffs had each been in treatment for Opioid Use Disorder and had been prescribed buprenorphine as part of Medication-Assisted Treatment plans. Blanket policies in the Massachusetts Department of Correction automatically reduced prisoners’ buprenorphine dose to no more than 8 mg per day and forcibly removed individuals from buprenorphine after 90 days. Because of this policy, each of the plaintiffs had their treatment plans significantly altered and prematurely ended. They sought injunctive relief, declaratory judgement against the Massachusetts Department of Correction's policy, and attorney’s fees.

On February 27, 2020, the parties entered into a settlement agreement. The settlement included 11 components:
1) Defendants must provide plaintiffs with the proper dose of buprenorphine consistent with an individualized treatment plan prescribed by a specialist;
2) Defendants must inform plaintiffs' counsel of a decrease in buprenorphine dosage within 48 hours;
3) Defendants will provide buprenorphine based on each plaintiff's individual need rather than a blanket policy;
4) Defendants must provide medical documentation to the plaintiffs regarding any decrease in their buprenorphine dosage;
5) Defendants will house the plaintiffs in units consistent with their custody levels;
6) One individual plaintiff would be entitled to reclassification review upon implementation of a buprenorphine maintenance treatment plan;
7) Defendants will allow that individual plaintiff access to work placements and programming while participating in his rehabilitation program;
8) Defendants will ensure that the plaintiffs' buprenorphine maintenance programs do not interfere with their access to services, programs, or activities;
9) The parties will file a joint motion to dismiss after execution of the settlement, allowing the court to retain jurisdiction until December 31, 2020;
10) Each party will bear its own attorney's fees and other costs; and
11) Modification of the agreement must be mutually agreed to in writing.

The parties filed a joint motion to dismiss on February 28, 2020, with the court to retain jurisdiction until December 31, 2020, when the settlement was set to expire.

Alex Moody - 03/04/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
Disability
disability, unspecified
Discrimination-basis
Disability (inc. reasonable accommodations)
Medical/Mental Health
Medical care, general
Medication, administration of
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Massachusetts Department of Correction
Massachusetts Department of Correction
Plaintiff Description Three prisoners currently incarcerated in Massachusetts who had begun medication-assisted treatment before beginning their sentences.
Indexed Lawyer Organizations ACLU Affiliates (any)
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2020 - n/a
Filed 12/19/2019
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
D. Mass.
03/04/2020
1:19-cv-12550-LTS
PC-MA-0051-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Mass.
12/19/2019
Complaint [ECF# 1]
PC-MA-0051-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Mass.
02/27/2020
Settlement Agreement
PC-MA-0051-0003.pdf | Detail
Source: ACLU
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Judges Sorokin, Leo Theodore (D. Mass.) show/hide docs
PC-MA-0051-9000
Plaintiff's Lawyers Armellino, Christine (New York) show/hide docs
PC-MA-0051-0001 | PC-MA-0051-9000
Frederickson, Robert III (Massachusetts) show/hide docs
PC-MA-0051-0001 | PC-MA-0051-9000
Levy, Ira J. (New York) show/hide docs
PC-MA-0051-0001 | PC-MA-0051-9000
McCready, Laura K. (Massachusetts) show/hide docs
PC-MA-0051-0001 | PC-MA-0051-9000
Rossman, Jessie J. (Massachusetts) show/hide docs
PC-MA-0051-0001 | PC-MA-0051-9000
Sanchez, Marielle E. (Massachusetts) show/hide docs
PC-MA-0051-0001 | PC-MA-0051-9000
Segal, Matthew (Massachusetts) show/hide docs
PC-MA-0051-0001 | PC-MA-0051-9000
Valenti, Alexandra D. (New York) show/hide docs
PC-MA-0051-0001 | PC-MA-0051-9000
Zalcenstein, Aviv A. (New York) show/hide docs
PC-MA-0051-0001 | PC-MA-0051-9000
Defendant's Lawyers Silva, Philip W. IV (Massachusetts) show/hide docs
PC-MA-0051-0003 | PC-MA-0051-9000

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