What is the case law on penological justification for a sanction imposed by a court in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from McKenzie v. Day, 57 F.3d 1461 (9th Cir. 1995):
Furman v. Georgia, 408 U.S. 238, 312, 92 S.Ct. 2726, 2763, 33 L.Ed.2d 346 (1972) (White, J., concurring in the judgment); see also Gregg v. Georgia, 428 U.S. 153, 183, 96 S.Ct. 2909, 2929, 49 L.Ed.2d 859 (1976) ("[T]he sanction imposed cannot be so totally without penological justification that it results in the gratuitous infliction of suffering.").
"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
How have the courts interpreted the findings of a federal court in a case brought by a plaintiff in a medical malpractice case? (MultiRegion, United States of America)
If a court finds that a sanction imposed by a district court was an abuse of power, does the court have any authority to determine whether the sanction was abused or abused? (MultiRegion, United States of America)
Can an application for discretionary relief from the Court of Arbitration for Disproportionate Medical Demand be made in a medical malpractice case? (Canada (Federal), Canada)
Is there any case law where a plaintiff's medical malpractice claim that the medical treatment he received was medically unacceptable? (MultiRegion, United States of America)
How have courts treated medical indifference claims in medical malpractice cases? (MultiRegion, United States of America)
What is the current state of the law on medical malpractice in medical malpractices? (MultiRegion, United States of America)
What is the test for a sanction in a medical malpractice case? (MultiRegion, United States of America)
Is it a "rare" medical malpractice case in which no expert medical testimony is required? (MultiRegion, United States of America)
What is the test for overturning a federal district court's decision that a plaintiff has been denied access to a medical malpractice case? (MultiRegion, United States of America)
What is the test for damages in the case of an inmate who alleges that he was denied access to medical records due to medical malpractice? (MultiRegion, United States of America)
