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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son is currently incarcerated in tarrant county jail in

Customer Question

my son is currently incarcerated in tarrant county jail in texas..he was arrested for a missed court date ....currently he is on 2 meds for major depression and the 3rd for ptsd they have never given him.. now that his perscription has expired they have denied him meds . saying they are waiting for another exam ..he has been there for almost 5 weeks the jail says they are too busy with other inmates to get to him..I have contacted everyone I can and he has alawyer too but no help is being offered! do we at this point have an option to get him his meds?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

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).

This includes both physical and mental ailments.

If the prison does not take care of him adequately, then he can file a suit under federal and state law. But before doing that, one may wish to send a letter to the Sheriff Department of Tarrant County which runs the jail, threatening to take legal action unless proper treatment is done.

This should be done via an attorney, of course. His attorney may or may feel that this is a good idea based on nuances (and all action should be coordinated via his counsel), but the point is that as a prisoner, he has said rights and may force the issue if reasonable treatment is not being provided.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!