Is a prisoner's right to be free from cruel and unusual punishment violated if he is denied access to a page 12 prescription drug?
MultiRegion, United States of America
The following excerpt is from McCullock v. Tharratt, Case No.: 16-cv-00457-LAB (DHB) (S.D. Cal. 2017):
Prison officials violate a prisoner's Eighth Amendment right to be free from cruel and unusual punishment if they are deliberately indifferent to his serious medical needs. See Gamble, 429 U.S. at 104-06; Hunt v. Dental Dep't, 865 F.2d 198, 200 (9th Cir. 1989). "This is true whether the indifference is manifested by prison doctors in their response to the prisoner's needs or by prison guards in intentionally denying or delaying access to
Page 12
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard for determining whether a prison official violates an inmate's right to be free from cruel and unusual punishment? (MultiRegion, United States of America)
Is it a constitutional violation of a prisoner's right to access to counsel or access to court by prison officials who mistakenly open a letter addressed to him by mistake? (MultiRegion, United States of America)
Does the Eighth Amendment prohibit cruel and unusual punishments that cannot be said to be cruel or unusual under contemporary standards of decency? (MultiRegion, United States of America)
Does a prison security measure in a maximum security unit violate the cruel and unusual punishment clause of the Eighth Amendment? (MultiRegion, United States of America)
What is the test for a prisoner who alleges that he was subjected to cruel and unusual punishment in prison? (MultiRegion, United States of America)
Does a prisoner's claim of inadequate medical care constitute cruel and unusual punishment in violation of the Eighth Amendment? (MultiRegion, United States of America)
Is it a violation of the Fourteenth Amendment for a doctor to deny a patient's right to access access to the medical records of his wife? (MultiRegion, United States of America)
Can a prisoner who has been denied access to the grievance system in a federal court exercise his right to make a claim under the Prison Reform Act (PLRA) against the Department of Justice? (MultiRegion, United States of America)
What is the test for denying a prisoner's right to access to the courts? (MultiRegion, United States of America)
Can a prison official be liable under federal law for failing to intervene when a fellow officer is violating a prisoner's constitutional rights? (MultiRegion, United States of America)
