NCJ Number
10586
Journal
Criminal Law Bulletin Volume: 9 Issue: 2 Dated: (MARCH 1973) Pages: 159172
Date Published
1973
Length
14 pages
Annotation
SUMMARY OF CASE LAW ON INMATES' RIGHT TO MEDICAL TREATMENT, AND EXPLANATION ON PREPARATION OF THE LITIGATION FOR LAWYERS WHO REPRESENT INMATES.
Abstract
THE JURISDICTIONAL REQUIREMENTS FOR BRINGING PRISONERS' RIGHTS SUITS IN EITHER STATE OR FEDERAL COURTS ARE DISCUSSED. OFTEN THESE JURISDICTIONAL PROBLEMS DEPEND UPON WHETHER THE PRISONERS ARE HELD IN STATE OR FEDERAL INSTITUTIONS. COURT CASES WHICH HAVE GRANTED RELIEF TO PRISONERS WHO HAD RECEIVED INTENTIONALLY INADEQUATE MEDICAL CARE ARE DISCUSSED. LAWSUITS CAN BE BROUGHT AS INDIVIDUAL ACTIONS, GROUP ACTIONS, OR CLASS ACTIONS. A CLASS ACTION SUIT WOULD ATTACK THE MEDICAL FACILITIES IN THE ENTIRE PENAL SYSTEM. A CHECKLIST FOR USE IN ACQUIRING DEPOSITIONS AND INTERROGATORIES FROM STATE CORRECTIONAL INSTITUTIONS IS PROVIDED.