M.C. et al v. Jefferson County, New York et al

Filing 139

ORDER GRANTING PLAINTIFFS' CONSENT MOTION FOR FINAL APPROVAL OF PROPOSED CONSENT DECREE: It is ORDERED that 1. Plaintiffs' motion for final approval (Dkt. No. 133 ) is GRANTED; 2. The Proposed Consent Decree (Dkt. No. 131-1) is FINALLY APP ROVED because it: (a) is fair, adequate, and reasonable in light of the considerations described in Rule 23(e)(2); (b) satisfies the requirements for approval of a consent judgment set forth in Kozlowski v. Coughlin, 871 F.2d 241 (2d Cir. 1989); and (c) complies with the requirements of the Prison Litigation Reform Act, affording prospective relief that is narrowly drawn, extends no further than necessary to correct the violation of federal rights, and is the least intrusive means necessary to c orrect the violations of those rights, 18 U.S.C. § 3626(a)(1)(A); and 3. The payment of attorney's fees and costs in the amount of $352,310.10, as provided for in the Proposed Consent Decree and as set forth in additional detail at Dkt. No. 134 , is APPROVED as reasonable and authorized by law. The Clerk of the Court is directed to terminate the pending motion, enter a judgment accordingly, and close the file. Signed by Judge David N. Hurd on 8/29/2024. (ztc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------M.C. and T.G., on behalf of themselves
and all similarly situated individuals,
Plaintiffs,
-v-

6:22-CV-190

JEFFERSON COUNTY, NEW
YORK, PETER R. BARNETT 1,
as Sheriff of Jefferson County,
New York, BRIAN R. MCDERMOTT,
as the Undersheriff of Jefferson
County, and MARK WILSON, as
the Facility Administrator of Jefferson
County Correctional Facility,
Defendants.
-------------------------------DAVID N. HURD
United States District Judge
ORDER GRANTING PLAINTIFFS’ CONSENT MOTION FOR FINAL
APPROVAL OF PROPOSED CONSENT DECREE
On March 1, 2022, plaintiffs M.C. and T.G., recovering opioid users, filed
this putative class action against defendants Jefferson County, New York,
the County Sheriff, Undersheriff Brian R. McDermott, and Correctional

1 Peter R. Barnett has succeeded Colleen M. O’Neill as Sheriff of Jefferson County. The Clerk of

the Court is respectfully directed to amend the caption accordingly. See FED. R. CIV. P. 25(d).

Facility Administrator Mark Wilson (“defendants”). Briefly stated, plaintiffs’
complaint alleged that defendants maintained an unlawful policy of banning
certain opioid use disorder medications for individuals in their custody. After
that policy was preliminarily enjoined, Dkt. No. 30, the Court certified the
following Class and related Subclasses (for pre- and post-conviction custody):
all non-pregnant individuals who are or will be
detained at the Jefferson County Correctional Facility
and had or will have prescriptions for agonist
medication for opioid use disorder at the time of entry
into defendants’ custody.
Dkt. No. 53. At that time, named plaintiffs M.C. and T.G. were appointed as
Class Representatives and the New York Civil Liberties Union Foundation
was appointed as class counsel. 2 Id. After a period of extensive discovery,
the parties notified the Court that they had reached a settlement. Dkt. No.
128.
On March 26, 2024, plaintiffs moved under Rule 23 of the Federal Rules of
Civil Procedure for preliminary approval of the class settlement and proposed
consent decree and for an Order directing notice to the Class and the two
Subclasses Dkt. No. 130. That motion, which was unopposed, was granted
on April 24, 2024. Dkt. No. 132. Thereafter, the parties complied with the
notice plan. See Dkt. No. 133-1. No objections have been received. Id.

2 Plaintiff M.C. died before the parties finalized the terms of the proposed consent decree.

-2-

On August 15, 2024, plaintiffs moved for final approval of the consent
decree. Dkt. No. 133. That motion was unopposed. See id. The Court
scheduled a fairness hearing that occurred on this date in open court in
Utica, New York. See id. No objections were heard.
Upon consideration of the briefing in light of the governing law, with due
consideration to the evidence in the record, and after hearing no objections on
the record on this date in open court, it is
ORDERED that
1. Plaintiffs’ motion for final approval (Dkt. No. 133) is GRANTED;
2. The Proposed Consent Decree (Dkt. No. 131-1) is FINALLY
APPROVED because it:
(a) is fair, adequate, and reasonable in light of the considerations
described in Rule 23(e)(2);
(b) satisfies the requirements for approval of a consent judgment set
forth in Kozlowski v. Coughlin, 871 F.2d 241 (2d Cir. 1989); and
(c) complies with the requirements of the Prison Litigation Reform Act,
affording prospective relief that is narrowly drawn, extends no further
than necessary to correct the violation of federal rights, and is the least
intrusive means necessary to correct the violations of those rights, 18
U.S.C. § 3626(a)(1)(A); and

-3-

3. The payment of attorney’s fees and costs in the amount of $352,310.10,
as provided for in the Proposed Consent Decree and as set forth in additional
detail at Dkt. No. 134, is APPROVED as reasonable and authorized by law.
The Clerk of the Court is directed to terminate the pending motion, enter
a judgment accordingly, and close the file.
IT IS SO ORDERED.

Dated: August 29, 2024
Utica, New York.

-4-

EXHIBIT A

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
M.C. et al., on behalf of themselves and all
similarly situated individuals,
Plaintiffs,

Case No. 6:22-cv-190 (DNH/ML)

v.
JEFFERSON COUNTY, NEW YORK, et al.,
Defendants.

CONSENT DECREE
WHEREAS, on March 1, 2022, Plaintiffs M.C. and T.G. filed a class-action complaint
alleging that Defendants Jefferson County, New York; Colleen M. O’Neill,1 as the Sheriff of
Jefferson County, New York; Brian R. McDermott, as the Undersheriff of Jefferson County; and
Mark Wilson, as the Facility Administrator of Jefferson County Correctional Facility
(collectively, “Defendants,” and, together with Plaintiffs, the “Parties”) maintained a practice of
routinely denying prescribed, life-sustaining medical treatment to Plaintiffs and other individuals
with opioid use disorder (“OUD”) at the Jefferson County Correctional Facility (the “Jail”) in
violation of the Americans with Disabilities Act, the Eighth and Fourteenth Amendments to the
United States Constitution the New York State Civil Rights Law, and the New York State Human
Rights Law;
WHEREAS, on May 16, 2022, the Court certified a class (the “Class”) defined as “all
non-pregnant individuals who are or will be detained at the Jefferson County Correctional
Facility and had or will have prescriptions for agonist medication for opioid use disorder at the
time of entry into defendants’ custody,” as well as two subclasses, one each for class members
subject to pretrial and postconviction custody, respectively; appointed Plaintiffs as class
representatives; and appointed the New York Civil Liberties Union Foundation as class counsel
(“Class Counsel”);
WHEREAS, on May 16, 2022, the Court preliminarily enjoined Defendants to provide
Plaintiffs and the certified class with agonist medication for OUD (“MOUD”) during their
detention in Defendants’ custody in accordance with the requirements set forth in New York
Correction Law section 626; and
1

Peter R. Barnett is now the Sheriff of Jefferson County and, pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure, is automatically substituted for Colleen M. O’Neill in this
litigation.

WHEREAS, the Parties will jointly petition the Court for approval of this agreement (the
“Agreement”);
NOW, THEREFORE, the Parties stipulate and agree, and IT IS HEREBY ORDERED,
ADJUDGED, AND DECREED as follows.
A. Jurisdiction and Venue.
1. The Court has subject-matter jurisdiction over the Action under 28 U.S.C. § 1331,
1343, and 1367; 42 U.S.C. § 1983; and Title of the Americans with Disabilities
Act, 42 U.S.C. § 12131 et seq. Venue is proper in the United States District Court
for the Northern District of New York under 28 U.S.C. § 1391.
B. Availability of MOUD Treatment.
1. Defendants shall make MOUD treatment available to individuals detained at the
Jail consistent with N.Y. Correction Law §§ 45(19) and 626.
2. Defendants shall ensure, both at intake and thereafter, that MOUD treatment—
including, without limitation, evaluation and referral therefor—is available in a
timely manner to individuals in the Jail’s custody.
3. As part of the intake process, and no later than four hours following an
individual’s entry to the Jail’s custody, Defendants’ medical staff shall:
a. Verify, via MD Toolbox or another electronic database with comparable
functionality to verify MOUD prescription status, whether such
individual currently has an active prescription for any MOUD.
b. Notate in Initial Risk Assessment form completed by Jail staff upon
intake, and in provider notes by Primecare staff, with respect to any
individual who enters Defendants’ custody while prescribed MOUD, the
type, form, and dosage of MOUD prescribed.
c. Screen such individual for OUD by reviewing their intake and receiving
screening forms; medical records, including reported MOUD
prescriptions, pharmacy records, treatment facility records, and
outpatient provider records; documented or reported opioid use; and
physical symptoms.
d. Refer for an assessment consistent with section B.6. of this Agreement
any individual identified via a screening described in section B.3.c. of
this Agreement as a potential candidate for MOUD treatment.
4. Any individual who enters Defendants’ custody while prescribed MOUD shall be
permitted to receive treatment with the same type and specific formulation of

2

MOUD unless medically contraindicated. Such treatment shall be provided within
24 hours of the individual’s entry to the Jail’s custody.
5. Defendants shall permit individuals in the Jail’s custody to request MOUD
treatment at any time during such custody via sick-call request or other request to
the Jail’s medical staff.
6. With the exception of individuals provided with MOUD treatment pursuant to
section B.4. of this Agreement, any individual in the Jail’s custody who, at any
time during such custody, requests MOUD treatment or is referred to be assessed
for such treatment, shall be assessed for MOUD treatment by a medical provider
consistent with the following requirements.
a. The assessment shall be informed by the American Society of Addiction
Medicine’s National Practice Guideline for the Treatment of OUD, the
DSM-5 criteria for OUD, the COWS, the TCU-5 drug screen 5, and
prior treatment records and prescriptions; and shall include a review of
vital signs. MOUD treatment shall not be denied unless such treatment
is either medically contraindicated as determined by the medical
provider performing the assessment applying generally accepted medical
standards or declined by the individual assessed. Any denial of MOUD
treatment or refusal by an individual shall be documented in writing.
b. The assessment shall occur within 12 hours after such request or referral
where reasonably possible. Where the assessment does not occur within
12 hours of a request or referral for MOUD treatment (for example,
because of the need to perform additional medically indicated testing as
part of the assessment which testing cannot be completed within 12
hours), the reason(s) for such delay shall be documented in the provider
notes section of the individual’s medical file. In no case shall any such
delay alter or constitute an exception to the requirements of Section
B.6.c. of this Agreement.
c. The assessment shall result in a decision whether to approve MOUD
treatment for the individual assessed. Once the patient is assessed as
qualifying for treatment they will immediately be placed on the next
provider line to initiate treatment. Such decision shall be documented in
the provider notes section of the individual’s medical file and shall be
rendered with sufficient time to ensure that MOUD treatment, if
approved, can begin within five days after the referral or request for
MOUD treatment.
d. Notwithstanding the requirements of Section B.6.c of this Agreement, if
an individual requesting or referred for assessment for MOUD treatment
under Section B.6. of this Agreement is absent from the Jail for reasons
beyond Defendants’ control (e.g., an emergency hospitalization or a

3

mandatory court date whose scheduling Defendants did not request or
decide or a security lockdown at the Jail that prevents or delays medical
access) and in a manner that prevents MOUD treatment from beginning
within five days of such referral or request, MOUD treatment, if
approved, shall instead begin as soon as practicable and in no event
longer than five days after the individual’s return to the Jail.
e. With respect to any individuals requesting or otherwise requiring
induction of methadone treatment, if the Credo Community Center is
unable to assess any individuals and begin treatment within five days of
the referral or request under Section B.6. of this Agreement, Defendants
shall ensure that such individual is transported to a hospital (such as
Samaritan Medical) to be assessed for and, if eligible, receive such
treatment unless the hospital declines to provide said assessment and
treatment. Any attempts to refer an individual to said hospital will be
documented in the provider notes section of the individual’s medical
file.
f. Any individual whose assessment or treatment for MOUD is subject to
Section B.6. of this agreement who experiences withdrawal symptoms
will be treated immediately upon diagnosis in accordance with
Primecare’s Medically Supervised Withdrawal and Treatment Policy
(Policy No. PCM NY J-F-04). Consistent with Policy No. PCM NY J-F04, “individuals experiencing life-threatening drug and/or alcohol
intoxication (overdose) or withdrawal will be immediately transferred to
a licensed acute care facility or hospital emergency room.” Nothing in
this subsection shall alter any of Defendants obligations under this
Agreement.
7. MOUD treatment of any individual detained at the Jail shall not be tapered or
withdrawn, except with the consent of such individual, unless such tapering or
withdrawal is medically necessary.
8. If the MOUD treatment of any individual in the Jail’s custody is tapered or
withdrawn, or if a decision is otherwise made to deny or not to approve MOUD
treatment to any individual in the Jail’s custody, Defendants shall document in
writing the specific reason(s) for such tapering or withdrawal, and within 24 hours
after such tapering or withdrawal, the Defendants’ Correction Shift Supervisor
shall notify Class Counsel in writing by email to both Antony Gemmell at
[e-mail] and Molly Biklen at [e-mail].
9. In the event that Defendants cannot ensure that MOUD treatment is provided to
an individual consistent within any requirement of this section (including any
applicable timeframe under sections B.4. or B.6.c. of this Agreement) using the
medical providers on which they primarily rely, Defendants shall use alternate
medical providers to comply with such requirements, including, if necessary, by

4

transporting such individual to a hospital or other outside medical provider for
MOUD treatment.
10. Individuals receiving MOUD treatment in the Jail’s custody shall be administered
their treatment in accordance with the following procedure.
a. Medical staff will explain to patients the procedure for administering
MOUD.
b. Before administering MOUD, medical staff will perform a check of the
mouth and hands of the patient and verify the patient’s prescribed
medication and dosage.
c. Medical staff will then administer each form of MOUD in accordance
with the following:
i.

Methadone. Medical staff will have the patient drink and swallow
the methadone.

ii.

Suboxone. Medical staff will place the Suboxone strip(s) under the
patient’s tongue.

iii.

Sublocade. Individuals prescribed but not already taking Sublocade
will be dosed on buprenorphine sublingually for a minimum of
seven days before being administered Sublocade. Once eligible for
the injection of Sublocade patients will receive monthly injections
with a minimum of 26 days between doses.

iv.

Buprenorphine in pill form. Medical staff will pour the crushed
buprenorphine pill(s) under the patient’s tongue.

v.

Naltrexone/Vivitrol. Patients will receive Naltrexone by daily oral
administration as part of the regular medication call as it is not a
narcotic. Patients choosing to receive injectable, long-acting
Vivitrol will receive oral Naltrexone for a trial period of 7 to 14
days and will then receive Vivitrol injections for a period not
exceeding 30 days.

d. Patients receiving methadone, Suboxone, or buprenorphine in pill form
will wait for 15 minutes after administration without manipulating their
mouths or hands. Medical staff will conduct a mouth and hand check
every 5 minutes within the 15-minute timespan.
e. No class member whose MOUD is administered sublingually shall be
required to drink water or eat until such class member’s MOUD dose
has fully dissolved.

5

11. The Jail shall coordinate release planning for all individuals receiving MOUD
treatment in the Jail’s custody to ensure continuity of treatment after discharge
from the Jail’s custody consistent with the following requirements.
a. The medical department shall obtain the appropriate Release of
Information and Permission to Contact form and facilitate the release of
records necessary for the individual’s continuity of care to communitybased MOUD providers.
b. At a minimum, individuals receiving MOUD treatment in the Jail’s
custody shall be provided a 7-day bridge supply of their MOUD
medication at the current dosing schedule upon their release from
custody. In the alternative, at the individual’s request, a 7-day supply of
their MOUD medication at the current dosing schedule shall be ordered
at the individual’s pharmacy of choice.
c. Information and emergency contact numbers for obtaining MOUD
treatment shall be placed in the property of all individuals receiving
MOUD treatment in the Jail’s custody in the case of an unanticipated
discharge. Where such an individual is unexpectedly discharged from
the Jail’s custody, medical staff shall make immediate and reasonable
efforts to provide the individual with bridge medication per section
B.11.b. of this Agreement and connected the individual with a
community-based MOUD provider that can ensure continuity of care.
C. Policy and Training.
1. Defendants shall implement a comprehensive written policy governing access to
MOUD treatment for individuals in the Jail’s custody. Defendants shall ensure all
medical and correctional workers at the Jail acknowledge the policy in writing
within 30 days of either the Court’s approval of this Agreement or the beginning
of such workers’ employment at the Jail, whichever comes later.
2. Within 30 days of the Court’s approval of this Agreement, and on an annual basis
thereafter, Defendants shall conduct a training, to be approved by Plaintiffs’
counsel, and to be attended by all correctional and medical workers at the Jail.
D. Notice to Current and Future Class Members.
1. Within seven days of the Court’s approval of this Agreement, Defendants shall
disseminate the notice annexed hereto as Exhibit 1, as follows.
a. Defendants shall post the notice prominently on the main page of
Jefferson County’s website pertaining to the Jail (currently
https://co.jefferson.ny.us/departments/SheriffsOffice/correctional-

6

facility, but subject to change), as well as in the following locations and
in such a manner that every such notice is readily viewable by
individuals detained at the Jail:
i.

The common area in each housing unit (e.g., pod bulletin board);

ii.

Each area used to conduct facility intake;

iii.

The common area of the medical unit; and

iv.

Each medical examination room.

b. Defendants shall provide a copy of the notice to each individual at the
Jail who has self-identified or been identified as having OUD; or who
has requested, been evaluated for, or been denied treatment for OUD
while detained at the Jail.
2. If any notice posted pursuant to section D.1.a. of this Agreement is removed,
damaged, or defaced, Defendants shall replace the notice within five days.
3. Beginning within seven days after the Court’s approval of this Agreement, and on
an ongoing basis thereafter, Defendants shall, during the intake process, provide a
copy of the notice annexed hereto as Exhibit 1, to each person entering the Jail’s
custody.
E. Provision of Compliance-Related Data.
1. Beginning within seven days after the Court’s approval of this Agreement, and on
an ongoing basis thereafter, Defendants shall collect and maintain the following
data.
a. The name of any individual detained at the Jail at any point in the
preceding 30 days and who self-identified as having OUD, was
otherwise identified as having OUD, requested MOUD treatment, or was
otherwise evaluated or considered a possible candidate for receiving
MOUD treatment; and
b. As to each individual identified pursuant to section E.1.a. of this
Agreement, the data identified in Exhibit 2, annexed hereto.
2. Beginning within 30 days after the Court’s approval of the Agreement, on a
monthly basis for one year, and on a quarterly basis for two years thereafter,
Defendants shall deliver, via email to Class Counsel, and in tabulated format
where feasible, the data described in section E.1. of this Agreement.

7

3. Class Counsel shall be permitted, on notice to Defendants, to confidentially
interview any Class Member via telephone or in person at the Jail. Defendants
shall schedule such interviews to occur within a reasonable time not to exceed 48
hours following any request by Class Counsel, and shall take all reasonable steps
to ensure those interviews occur as scheduled.
4. Class Counsel shall be permitted, on 72 hours’ notice to Defendants, to physically
inspect the Jail to ensure compliance with section D of this Agreement.
5. Class Counsel shall enter into an appropriate confidentiality agreement for the
purpose of preventing the unconsented public disclosure of the identity of any
person with OUD. Class Counsel’s staff and agents (including any expert retained
to advise the Monitor) shall be subject to the same access rights and
confidentiality limitations as Class Counsel.
6. Defendants shall pay Class Counsel’s reasonable attorney’s fees and costs for
work reasonably undertaken by Class Counsel under section E of this Agreement
to assess Defendants’ compliance with this Agreement. Such work may include
reviewing and analyzing data provided pursuant to section E.2 of this Agreement,
conducting interviews pursuant to section E.3. of this Agreement, and inspecting
the Jail pursuant to section E.4. of this Agreement. Fees and costs under this
provision shall not exceed $40,000 per year for up to three years, and shall be
paid annually.
7. Between 90 and 100 days after the Court’s approval of this Agreement, the Parties
shall meet and confer over the status of Defendants’ implementation of this
Agreement.
F. Enforcement.
1. The Court shall retain jurisdiction over this action to enforce this Consent Decree.
2. Subject to section F.3. of this Agreement, the Parties shall observe the following
process in attempting to resolve any instance of alleged noncompliance with this
Consent Decree.
a. If Plaintiffs believe Defendants have failed to comply with any material
term of this Agreement, Class Counsel shall notify Defendants in writing
of facts supporting that belief.
b. Defendants shall be afforded seven days from their receipt of such notice
to confer with Class and/or remedy the non-compliance.
c. Within seven days after receiving a notice of alleged noncompliance
under section F.2.a. of this Agreement, Defendants shall respond in
writing either by confirming that the alleged non-compliance has been

8

resolved or providing a detailed explanation why the alleged noncompliance has not been resolved.
d. Following the seven-day period for Defendants to respond and/or
remedy the alleged noncompliance, if Plaintiffs believe the
noncompliance persists, the Parties shall meet and confer within seven
days to resolve the issue(s).
e. If alleged noncompliance has not been resolved within seven days after
the parties meet and confer under section F.2.c. of this Agreement,
Plaintiffs may file a motion with the Court seeking enforcement of this
Agreement and other available remedies.
f. If the Court finds Defendants have failed to comply with any material
terms of this Agreement, the Court may, without limitation on other
remedies the Court may order under section F.2.e. of this Agreement,
extend for a reasonable and appropriate period Defendants’ obligations
under section E. of this Agreement.
g. If Plaintiffs moves to enforce any aspect of this Agreement and Plaintiffs
are the prevailing party with respect to the dispute, Defendants shall pay
Plaintiffs’ reasonable attorney’s fees and costs, including expert costs, to
be determined by the Court.
3. Notwithstanding the other provisions of this section, nothing shall prevent
Plaintiffs from seeking immediate court relief if Plaintiffs or their counsel
reasonably believe Defendants’ noncompliance with the Agreement poses an
imminent risk of serious harm to any class member.
G. Attorney’s Fees and Costs.
1. Defendants shall pay Class Counsel, within 30 days of the Court’s approval of
this Agreement, in the amount of $352,310.10, in satisfaction of Plaintiffs’ claims
for attorney’s fees and costs in this action. This provision does not limit Plaintiffs’
entitlement to fees and costs under sections E.6. and F.2.g. of this Agreement.
2. If payment of the settlement amount specified in section G.1. of this Agreement
has not been made by the thirtieth day after the Court approves this Agreement,
interest on any unpaid portion of that amount shall accrue at the statutory rate
prescribed by 28 U.S.C. § 1961 beginning on the thirty-first day.
H. Miscellaneous.
1. The Parties stipulate and jointly request that the Court find the relief described in
this Agreement is narrowly drawn, extends no further than necessary to correct

9

the alleged violations of federal rights, and is the least intrusive means necessary
to correct the alleged violations of those federal rights; and thus complies with 18
U.S.C. § 3626(a)(1)(A).
2. The Parties will cooperate with each other to effectuate and implement all terms
and conditions in this Agreement, including, without limitation, by providing, at
Defendants’ cost, such notice to class members as the Court may require; by
taking all steps necessary to seeking the Court’s approval of this Agreement and
the Court’s final order and entry of the decree in this case.
3. The terms of this Agreement are binding on Plaintiffs; Defendants, in their official
capacities; and Defendants’ successors in office, employees, and agents.
4. The undersigned representatives for each of the Parties to this Agreement certify
that each is authorized to enter the terms and conditions of this Agreement.
5. This Agreement can be modified only with Court approval, either pursuant to
Rule 60 of the Federal Rules of Civil Procedure or on written consent of the
parties.
6. This Agreement represents the entire agreement among the Parties concerning the
action.
NEW YORK CIVIL LIBERTIES UNION
FOUNDATION

BARCLAY DAMON LLP

By: /s/ Antony P. F. Gemmell

By: /s/ Kayla A. Arias

Antony P. F. Gemmell
125 Broad Street, 19th Floor
New York, New York 10004
[e-mail]
212-607-3320

Kayla A. Arias
Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202
[e-mail]
315-413-7227

Counsel for Plaintiffs and the Class
Dated: March 26, 2024

Counsel for Defendants
Dated: March 26, 2024

IT IS SO ORDERED.

Dated: August 29, 2024
Utica, New York

10

EXHIBIT 1

11

Notice to Class Members
M.C. v. Jefferson County, 6:22-cv-190 (N.D.N.Y.)

NOTICE: YOUR RIGHT TO TREATMENT FOR OPIOID
ADDICTION AT THE JEFFERSON COUNTY JAIL
Attention: If you have an addiction to opioids (a condition also known as “opioid
use disorder”), you may be entitled to medication-based treatment for your
condition at the Jefferson County Jail. This medication for opioid use disorder, or
“MOUD,” includes methadone and buprenorphine in various forms, such as
Suboxone and Sublocade.
A class-action lawsuit, M.C. v. Jefferson County, was filed in federal court
regarding the availability of MOUD at the Jefferson County Jail. This lawsuit has
resulted in a settlement. You can view the settlement at
www.nyclu.org/mclitigation or request a copy using the information below.
Your rights under the consent decree:
• If you already have a prescription for MOUD when you enter the Jail,
the Jail is required to continue providing your prescribed MOUD
treatment.
• If you believe you need MOUD to treat your opioid addiction, you have
a right to request MOUD treatment at any time during your
incarceration at the Jail. For example, you may make the request at
intake or later during your incarceration through a sick call.
• When you make a request for MOUD treatment, the Jail is required to
provide you with a medical assessment to determine whether you are
eligible for treatment.
If you face any problems with MOUD treatment at the Jefferson County Jail or
would like a copy of the settlement, please contact the New York Civil Liberties
Union:
• By mail:

• By email:
• By phone:

New York Civil Liberties Union
Attn: M.C. Settlement
125 Broad Street, Floor 19
New York, NY 10004
[e-mail]
212-607-3300
12

EXHIBIT 2
Provision of Compliance-Related Data
As to each individual identified pursuant to section E.1.a. of this Agreement, Defendants shall
provide the data identified below.
General Information
1. Date of Birth
2. Gender
3. Race
Intake to Facility and Screening for MAT Program
1. Date and time of admission to the Jail
2. Basis for custody (e.g. pretrial, post-conviction, etc.)
3. Whether any consent for treatment and release of information forms were signed during
initial screening
a. If yes, for which entity (e.g., Primecare, Credo)
b. If no, whether any refusal forms signed
c. If no, whether individual was educated of risks associated with drug and alcohol
intoxication and withdrawal
4. Date and time of screening pursuant to section B.3.c. of this Agreement.
5. Date and time of referral for medical provider assessment for MOUD evaluation pursuant
to section B.3.d. of this Agreement.
6. Basis for medical provider assessment (request, positive drug screen, etc.)
7. Date and time of medical provider assessment for MOUD evaluation
a. If assessment did not occur within 12 hours of a request or referral for MOUD
treatment pursuant to section B.6.b. of this Agreement, the reason(s) for such
delay.
8. Date and time of completion of MAT Initiation form
9. Name and title of medical professional who performed MOUD evaluation
10. Decision on MOUD treatment following evaluation
a. If denied MOUD treatment, basis for denial
11. Date and time of completion of MAT Verification and Order form
a. If MAT prescription could not be verified, whether individual was referred for
withdrawal management and/or assessment for OUD
12. Whether incarcerated individual received MOUD treatment prior to entering the Jail, or
whether incarcerated individual was inducted on MOUD at the Jail
MOUD Treatment
1. Name of MOUD prescribed
2. Dosage of MOUD prescribed
3. Date and time of first MOUD dose
4. Name of MOUD received
5. Dosage of MOUD received

13

6. Provider of MOUD treatment (PCM, Credo, etc.)
7. Date(s) of completion of any MAT Follow-Up form(s)
8. Date of any change in MOUD modality and or dosage (incl. tapering, removal, etc.)
Specific basis for any change in MOUD treatment, including tapering or withdrawal,
pursuant to section B.8. of this Agreement.
Release Planning
1. Date of discharge from JCCF
2. Form of release planning provided (e.g. medication bridge, last dose letter, etc.)
3. If referred, name of individual’s community-based MAT provider

14