Is a medical officer employed by a municipal jail or state prison act "under color of state law" when they provide medical care to prisoners?

MultiRegion, United States of America

The following excerpt is from Cunningham v. Tran, Case No.: 3:18-cv-01889-WQH-AGS (S.D. Cal. 2018):

There is no question that medical officials employed by a municipal jail or state prison act "under color of state law" when they provide medical care to prisoners. See West v. Atkins, 487 U.S. 42, 49-50 (1988) ("[G]enerally, a public employee acts under color of state law while acting in his official capacity or while exercising his responsibilities pursuant to state law.").

Other Questions


What is the current state of the law on medical malpractice in the context of a medical opinion between a prisoner and prison medical authorities regarding treatment? (MultiRegion, United States of America)
Is a prison official acting "under color of state law" when housing and providing medical care to prisoners? (MultiRegion, United States of America)
Is a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff? (MultiRegion, United States of America)
What is the effect of providing medical services provided by a private medical practice provider on a plaintiff's claim for wrongful death under the New York Workmen's Compensation Law? ("New York", United States of America)
Is a prison officer's mental state a determinative factor in determining whether a prisoner should be released from prison without trial? (MultiRegion, United States of America)
What are the substantive and procedural safeguards that must be adhered to when the state seeks to involuntarily medicate state prisoners with long-term psychotropic medications? (MultiRegion, United States of America)
Can a prison officer be held liable for negligence or gross negligence for failing to provide medical staff with medical equipment? (MultiRegion, United States of America)
Does a prison officer have a duty to provide adequate shelter, food, clothing, clothing and medical care for prisoners? (MultiRegion, United States of America)
Is a prison official liable for failing to provide adequate medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
In what circumstances will a prison officer be found guilty of failing to provide adequate medical care to a patient? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.