The following excerpt is from Harrison v. Barkley, 219 F.3d 132 (2nd Cir. 1999):
Aside from my disagreement with the majority's misreading of Estelle, I find the majority's conclusion untenable as a matter of fact and reason. The majority asserts that a tooth cavity is a degenerative condition "likely" to produce agony and other serious consequences, so that the refusal to treat amounts to an Eighth Amendment violation. To support its view, the majority cites Toward Improving the Oral Health of Americans, a government report whose bias is evident from its title. Cf. Rhodes v. Chapman, 452 U.S. 337, 348 n.13
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