PRISON LITIGATION
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PRISON LITIGATION

DELIBERATE INDIFFERENCE TO ADEQUATE MEDICAL CARE

DELIBERATE INDIFFERENCE TO ADEQUATE MEDICAL CARE

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We serve incarcerated men and women because inmates are human beings. Incarcerated individuals are protected under the Eighth Amendment of our U.S. Constitution, as well as the International Covenant on Civil and Political Rights, one of the few human rights treaties that our country has both signed and ratified. We also litigate for pre-trial detainees under the Fourteenth Amendment of the U.S. Constitution. 

We serve incarcerated men and women because inmates are human beings. Incarcerated individuals are protected under the Eighth Amendment of our U.S. Constitution, as well as the International Covenant on Civil and Political Rights, one of the few human rights treaties that our country has both signed and ratified. We also litigate for pre-trial detainees under the Fourteenth Amendment of the U.S. Constitution. 

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Unfortunately, a common claim of both inmates and detainees is the denial of medication. When a person finds themselves incarcerated while affected with a diagnosed medical condition such as diabetes or seizures, the jail medical staff typically knows and confirms the veracity of these diagnoses. However, it is discouragingly common that the jail intentionally fails to provide adequate medical care to treat these illnesses. Legally speaking, this is called deliberate indifference to a known medical need, and it’s unconstitutional. Estelle v. Gamble, 429 U.S. 97, 97 S. Ct. 285, 50 L. Ed. 2d 251 (1976).

Unfortunately, a common claim of both inmates and detainees is the denial of medication. When a person finds themselves incarcerated while affected with a diagnosed medical condition such as diabetes or seizures, the jail medical staff typically knows and confirms the veracity of these diagnoses. However, it is discouragingly common that the jail intentionally fails to provide adequate medical care to treat these illnesses. Legally speaking, this is called deliberate indifference to a known medical need, and it’s unconstitutional. Estelle v. Gamble, 429 U.S. 97, 97 S. Ct. 285, 50 L. Ed. 2d 251 (1976).

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Deliberate indifference claims are specific and complex, and they often require an attorney who is familiar with the underlying state law claims of negligence and medical malpractice. Call our constitutional lawyers today. Our Civil and Human Rights attorneys will assess your case from multiple angles.

Deliberate indifference claims are specific and complex, and they often require an attorney who is familiar with the underlying state law claims of negligence and medical malpractice. Call our constitutional lawyers today. Our Civil and Human Rights attorneys will assess your case from multiple angles.

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INMATE ON INMATE VIOLENCE AND EXCESSIVE FORCE INSIDE PRISONS
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INMATE ON INMATE VIOLENCE AND EXCESSIVE FORCE INSIDE PRISONS

Inmate on inmate violence and excessive force by guards are a few instances of prison litigation cases that our Civil and Human Rights attorneys have taken on. For inmates, these claims are covered by the Eighth Amendment to the U.S. Constitution. See Farmer v. Brennan, 511 U.S. 825, 826, 114 S. Ct. 1970, 1974, 128 L. Ed. 2d 811 (1994); Hudson v. McMillian, 503 U.S. 1, 7, 112 S. Ct. 995, 999, 117 L. Ed. 2d 156 (1992).

Inmate on inmate violence and excessive force by guards are a few instances of prison litigation cases that our Civil and Human Rights attorneys have taken on. For inmates, these claims are covered by the Eighth Amendment to the U.S. Constitution. See Farmer v. Brennan, 511 U.S. 825, 826, 114 S. Ct. 1970, 1974, 128 L. Ed. 2d 811 (1994); Hudson v. McMillian, 503 U.S. 1, 7, 112 S. Ct. 995, 999, 117 L. Ed. 2d 156 (1992).

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Inmate on inmate violence typically involves a claim of deliberate indifference to a known serious risk of harm to the inmate. In other words, permitting a known gang member to cause harm to a rival gang member, or housing a transgender inmate in an area known to house rapists may be actionable claims.

Inmate on inmate violence typically involves a claim of deliberate indifference to a known serious risk of harm to the inmate. In other words, permitting a known gang member to cause harm to a rival gang member, or housing a transgender inmate in an area known to house rapists may be actionable claims.

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One thing is for sure, you must have a seasoned attorney in this area. These lawsuits are routinely complex. For example, if an inmate is beaten in front of other guards and those on-looking guards fail to take reasonable steps to stop the unconstitutional beating, you may have a failure to intervene claim on top of an excessive force claim. Call the attorneys at NDH today.

One thing is for sure, you must have a seasoned attorney in this area. These lawsuits are routinely complex. For example, if an inmate is beaten in front of other guards and those on-looking guards fail to take reasonable steps to stop the unconstitutional beating, you may have a failure to intervene claim on top of an excessive force claim. Call the attorneys at NDH today.

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