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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118809
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I know a person in jail who takes lexapro. He has had a

Customer Question

I know a person in jail who takes lexapro. He has had a difficult time getting the prescriptions refilled...they are never filled on time so he goes for days/weeks without the meds which precipitate withdrawal symptoms. Even when one is coming off lexapro the protocol is to do so gradually (wean one,s self off) to avoid potentially difficult withdrawal symptoms. Because he cannot rely on timely refills he has decided to stop taking the lexapro completely. He is showing increasing signs of depression and "darkness." What if anything can be done about this?
JA: What state are you in? It matters because laws vary by location.
Customer: The inmate is in Arizona.
JA: Has anything been filed or reported?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is the reason he is not getting timely refills? Who or what is the reason he is not getting refills in a timely manner? Has he gone to the nurse and filed a complaint to the warden? What is their reasoning?
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Customer: replied 11 months ago.
He has contact once a month with a psychologist who is aware of problem and has tried to correct situation with no change. Inmates efforts to correct have resulted apparently in some negative responses.
Customer: replied 11 months ago.
Awaiting your response.
Thank you.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply. Please forgive the delay in responding as the experts are not employees of this site and work with multiple customers at one time all of whom deserve the same time you deserve.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your patience.
By law, the jail must provide basic medical care for inmates to meet their basic medical needs, which includes providing medications. The US Supreme Court has stated that it is a civil rights violation of the 8th Amendment to not do so. Thus, the first step of the inmate is filing a complaint through the jail grievance process and also send a complaint to the warden of the facility. If they do not correct the situation in response to those complaints, then your friend needs a local civil rights attorney to file a suit in federal court for violation of his civil rights in not providing him basic and necessary medical care as required by the court pursuant to the 8th Amendment.