What is the state's obligation to provide medical care for prisoners?

MultiRegion, United States of America

The following excerpt is from Lipsey v. Depovic, Case No. 1:18-cv-00767-JDP (E.D. Cal. 2019):

The government has an "obligation to provide medical care for those whom it is punishing by incarceration," and "deliberate indifference to serious medical needs of prisoners constitutes the 'unnecessary and wanton infliction of pain' proscribed by the Eighth Amendment." Estelle v. Gamble, 429 U.S. 97, 103-04 (1976) (internal citation omitted) (quoting Gregg v. Georgia, 428 U.S. 153, 173 (1976)). This indifference can be "manifested by prison doctors in their response to the prisoner's needs or by prison guards in intentionally denying or delaying access to medical care or intentionally interfering with the treatment once prescribed." Id. at 104-05 (footnotes omitted).

Other Questions


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)
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 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 official acting "under color of state law" when housing and providing medical care to 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)
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)
What is the federal government's obligation to provide medical care for prisoners with mental health problems? (MultiRegion, United States of America)
Is a private medical provider under contract with the state a state actor? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.