RLA Victory Reinforces Overdose Law Protections
Rutgers Law Associates (RLA) recently secured a legal victory for a client who was unlawfully arrested for drug possession after seeking medical help. This outcome was made possible thanks to a grant from Vital Strategies, which allows RLA to support one of New Jersey’s most vulnerable populations—people who use drugs.
RLA’s client was hospitalized in Cape May County with a serious arm condition caused by substance use, requiring immediate surgery to save her limbs. Despite disclosing her drug history and tolerance, hospital staff denied adequate pain relief post-surgery. In desperation, she asked a friend to bring heroin for her pain, resulting in an overdose in her hospital bathroom. When the overdose began, she called a nurse for help. After regaining consciousness in the intensive care unit, she was arrested for possession—an action RLA believed violated New Jersey’s Overdose Prevention Act (OPA), which grants immunity from arrest for possession when seeking medical help during an overdose.
Former RLA fellow Caroline Licwinko ’24 sprang into action, preparing the case and initiating the motion to dismiss. When she graduated the program, current fellow Keerah McCratic ’24 took over, writing the final brief and arguing the motion in court. “On April 1, the Court found in their favor,” says Andy Rothman, professor of professional practice and RLA managing attorney, “finding that the Overdose Prevention Act is intended to be read broadly to save lives and avoid a chilling effect on users who might be afraid to call for help.”
By taking on cases like this, Rutgers Law School stays true to its mission—equipping future lawyers with real-world experience while serving vulnerable members of the community. “I am so proud of what the RLA team has accomplished,” says Licwinko. “They’ve ventured into new legal disciplines, practiced incredible client management with a difficult-to-manage client population, pushed back on one of the state’s most notorious prosecutors, and shined a light on an area of necessary reform for the New Jersey judiciary. Even more important, RLA showed compassion for people who likely haven’t received much in their lives and given them hope.”
This verdict has significant implications for the client, who is now protected from wrongful conviction and the hardships that would likely follow. However, it’s RLA’s hope that it will also send a message to law enforcement about the OPA. “Hopefully this decision will have a ripple effect,” says McCratic. “With the increase in arrests and prosecutions in Cape May County of individuals who should lawfully be protected under the OPA, any judicial decision preserving the OPA is vital. We hope that this encourages local law enforcement agencies to familiarize themselves with the law and ensure that they are fulfilling its legislative intent.”