District of Columbia Jury Instruction - 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

The Eighth Amendment of the Constitution protects prisoners from ?cruel and unusual punishment.?6 In 1976, the Supreme Court said in Estelle v. Gamble that a prison staff's ?deliberate indifference? to the ?serious medical needs? of prisoners is ?cruel and unusual punishment? forbidden by the Eighth Amendment.

YANG: The court established in Estelle that failure to provide adequate medical care to incarcerated people as a result of deliberate indifference violates the Eighth Amendment's prohibition against cruel and unusual punishment by noting that the Eighth Amendment embodies ?broad and idealistic concepts of dignity, ...

EIGHTH AMENDMENT RIGHTS OF PRISONERS - ADEQUATE MEDICAL CARE AND PROTECTION FROM THE VIOLENCE OF FELLOW INMATES.

In short, this means that the authorities knew about the problem or knew that a problem most likely existed, recognized it as potentially serious, but failed to act. Ignorance, poor judgement, or medical malpractice are serious charges, but not sufficient to warrant deliberate indifference.

YANG: The landmark Supreme Court case Estelle v. Gamble established that failure to provide adequate medical care to incarcerated people as a result of deliberate indifference to serious medical needs violates the Eighth Amendment's prohibition against cruel and unusual punishment.

Nearly forty years ago, the U.S. Supreme Court ruled in Estelle v. Gamble that ignoring a prisoner's serious medical needs can amount to cruel and unusual punishment, noting that ?[a]n inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met.

746, 755 (D. Haw. 1994) (?A 'serious' medical need exists if the failure to treat the need could result in further significant injury or 'unnecessary and wanton infliction of pain. '?) (quoting Estelle v. Gamble 429 U.S. 97, 104, 97 S.

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District of Columbia Jury Instruction - 2.2.3.2 Convicted Prisoner Alleging Deliberate Indifference To Serious Medical Need