Thursday, July 8, 2010

8th Amendment Cause of Action Torture

We therefore conclude that deliberate indifference to serious medical needs of prisoners constitutes the "unnecessary and wanton infliction of pain," Gregg v. Georgia, supra, at 182-183, 96 S.Ct. at 2925 (joint opinion), proscribed by the Eighth Amendment. This is true whether the indifference is manifested by prison doctors in their response to the prisoner's needs10 or by prison guards in intentionally denying or delaying access to medical care11 or intentionally interfering with the treatment once prescribed.12 Regardless of how evidenced, deliberate indifference to a prisoner's serious illness or injury states a cause of action under § 1983

in reference to: 429 US 97 Estelle v. J W Gamble | Open Jurist (view on Google Sidewiki)

No comments:

Post a Comment
Phil Reddish telling on him self