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Legal Developments CHC0203  

Author:  Margaret R.  Moreland, J.D., M.S.L.S..

Source: Volume 02, Number 03, March/April 2001 , pp.39-41(3)

Correctional Health Care Report

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The Sixth Circuit Court of Appeals recently became the latest court to hold that a prisoner’s suicidal tendencies may be construed as a serious medical need that cannot be ignored by responsible prison officials. Respondeat Superior: A federal claim based on respondeat superior, the theory that imputes responsibility to a superior based upon the actions of those he supervises (discussed in last issue, of Correctional Health Care Report ), will not be successful against an arm of the state unless “the unlawful action was taken pursuant to a state entity’s policy or custom.” Failure to Inform a Prisoner of Facts of Which He is Already Fully Aware Can Not be Considered Deliberate Indifference. In a brief memorandum opinion, the Ninth Circuit quickly disposed of a case where a prisoner alleged that he had not been warned that he should wear safety glasses if he was going to play contact sports. Two cases last year found the possibility of “deliberate indifference” where more aggressive treatment was denied to inmates. Legitimate penological interests have long been cited as the reason for requiring prisoners to be clean-shaven.

Keywords: Rodgers v. Chapleau, Oswald v. Lucas, Mullins v. Kalns, Ieng v. Fleck, Hathaway v. Coughlin, Adams v. Elyea, ADA discrimination

Affiliations:  1: Pace University School of Law Library.

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