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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111544
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Please help! Disabled (TBI) sons physical & mental

Customer Question

Please help! Disabled (TBI) sons physical & mental health is rapidly deteriorating due to lack of trained medical staffin the York Cnty Prison. The judge is asking for case law: documentation of "chance types of incarceration". I guess that means I must
research case law, perhaps. I can't leave that up to his attorney as he has mentioned this is not is area of expertise. Please help.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The issue you are talking about is a federal civil rights violation under 42 USC 1983 for failure to provide adequate medical care under the Eighth Amendment to an inmate constitution cruel and unusual punishment. The NY courts have held there are certain generally accepted standards for measuring complaints brought pursuant to 42 U.S. Code, § 1983 alleging inadequate medical treatment have recently developed. Courts are generally reluctant to interfere with the processes of stateprison administration and hence have articulated stringent tests togauge alleged denials of constitutional rights (Wright v. McMann, 2Cir., 387 F.2d 519, 522; United States ex rel. Lawrence v. Ragen, 7Cir., 323 F.2d 410). In order for a prisoner's claim of inadequatemedical treatment to be deemed sufficient, it must allege conductwhich is 'shocking to the conscience' or amounts to 'barbarous acts'(Church v. Hegstrom, 2 Cir., 416 F.2d 449, citing Rochin v.California, 342 U.S. 165, 72 S.Ct. 205, 96 L.Ed. 183; Robinson v.California, 370 U.S. 660, 676, 82 S.Ct. 1417, 8 L.Ed.2d 758).Additionally, the allegations must amount to a wilful refusal totreat a known ailment or at least a 'deliberate indifference' to thephysical well-being of the inmate (Martinez v. Mancusi, 2 Cir., 443F.2d 921; Williams v. Vincent, 2 Cir., 508 F.2d 541). A mere difference of medical opinion or the exercise of faulty medical judgment will not be sufficient to state a claim under 42 U.S. Code,§ 1983 despite the fact that such allegations may establish a claimof medical malpractice or negligence (Shiedls v. Kunkel, 9 Cir., 442F.2d 409; Matter of Hyde v. McGinnis, 2 Cir., 429 F.2d 864; Coppingerv. Townsend, 10 Cir., 398 F.2d 392, 394; Stiltner v. Rhay, 9 Cir.,371 F.2d 420, cert. den., 386 U.S. 997, 87 S.Ct. 1318, 18 L.Ed.2d346).

This all means you need to seek to get a medical expert in to testify that the care they are receiving from the facility is not adequate and as such that is grounds for at least removal to a proper care facility.

Expert:  Law Educator, Esq. replied 1 year ago.

Did you have additional questions?

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