March 10 - wrong o Supreme court promulgated 2 part...

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March 10, 2008 Exam on Friday March 21 st For next time read: chp 7 Haas One self report study said 91% of men said they did something for which they could have been in prison US supreme court made it 100% that corporal punishment is forbidden in all prisons. FALSE Qualified immunity falls under standard: whether the defendant violated a clearly established constitutional or statutory right which a reasonable person in his position would have known. Hope v Pelzer, turned around qualified immunity Unauthorized use of forced – by staff against prisoners and when that force is not authorized Court can find when staff used too much force on inmates when necessary o Whitely v. Albers (1986) o Hudson v. McMillian (1992) Conditions of confinement o Estella v. Gamble (1976) o Gamble complaining of ruptured disk and injuries to his back causing him pain o Went through many nurses and doctors to get relief for back pain; didn’t get it o Brought lawsuit o Question was if, not only this persons rights were violated, but if the standard is
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Unformatted text preview: wrong. o Supreme court promulgated 2 part standard to see if 8 th amendment rights were violated in terms of medical care Prove deliberate indifference, on part of doctors, med staff, guards, etc., to serious medical need or problems • E.g. if a mistakes is made in diagnosis, that doesn’t cut it (medical negligence) • BUT if guards keep medication from you that you need, that works o Inmates not entitled to perfect (or good) medical care o Can only bring lawsuit on 8 th amendment areas o Wilson v. Seiter (1991) o Decided should be applied to all inmates needs (pick up on Wednesday) Hands off doctrine – inmate’s legal problems aren’t courts because the inmates are slaves to the state. Wasn’t till late 60’s when courts said prisoners have rights within the constitution. Took until 1976 for Supreme Court to accept a case by an inmate to change a standard Other eighth amendment issues o Rhodos v. Chapman (1981) o Farmer v. Brennan (1994)...
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March 10 - wrong o Supreme court promulgated 2 part...

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