What is the test for a violation of the eighth amendment against cruel and unusual punishment for refusing to provide a complete root canal treatment for an incarcerated person?

MultiRegion, United States of America

The following excerpt is from Johnson v. Alameda County Sheriff's Dept., 892 F.2d 83 (9th Cir. 1989):

The issue is whether prison officials' refusal to provide an incarcerated person with a complete root canal treatment, in the absence of supporting medical recommendation, constitutes a violation of the eighth amendment's prohibition against cruel and unusual punishments. In order to prevail on a claim of "cruel and unusual punishment" based on allegedly inadequate medical care, a plaintiff must establish "deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 106 (9th Cir.1976); May v. Enomoto, 633 F.2d 164, 167 (9th Cir.1980). A showing of merely inadvertent or even negligent medical care is not enough. Estelle v. Gamble, 429 U.S. at 105. See also Shields v. Kunkle, 442 F.2d 409, 410 (9th Cir.1971).

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