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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100007
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I realize that I was an inmate at the South Dakota State Penitentiary.

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I realize that I was an inmate at the South Dakota State Penitentiary. I thought that I still deserved the humane right of the use of a medical shower??? And not a GP (general population) shower, being both 100% disabled both physicaly and mentally??? Convicted of being a non violent drug offender..
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
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I am sorry to hear about this situation.
State and federal law does not specifically discuss medical showers. However, it demands reasonable medical treatment for the individuals who are incarcerated. If the medical shower is medically necessary, then denial of tone may be deemed a violation of the Eighth Amendment.
Prison officials are obligated under the Eighth Amendment of the US Constitution to provide prisoners with adequate medical care. In order to prevail on a constitutional claim of inadequate medical care, prisoners must show that prison officials treated them with "deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 103 (1976).
The factors considered in determining whether a "serious medical need" is at issue are (1) whether a reasonable doctor or patient would perceive the medical need in question as important and worthy of comment or treatment; (2) whether the medical condition significantly affects daily activities; and (3) the existence of chronic and substantial pain. Brock v. Wright, 315 F.3d 158, 162 (2d Cir. 2003) (internal quotation marks, citation omitted).
If the prison does not take care of this person adequately, then he can file a suit under federal law:
Title 18, U.S.C., Section 241 - this statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States;
Title 18, U.S.C., Section 242 - this statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the United States;
Title 42, U.S.C., Section 14141 - this civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
Note that state law may also attach to the federal suit as well.
If you feel that this was the case, you may wish to contact an attorney. Many attorneys make take this on contingency, meaning they do not get paid unless you do.
Good luck.
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