HOLDING PRISON OFFICIALS RESPONSIBLE FOR VIOLATING YOUR CIVIL RIGHTS
Prison officials are obligated under the Eighth Amendment of the Constitution to provide prisoners with adequate medical care. This principle applies regardless of whether the medical care is provided by governmental employees or private actors under contract with the jail or prison.
In order to prevail on such an Eighth Amendment claim, the prisoner must show that the prison officials were deliberately indifferent to a serious medical need. A prison official is deliberately indifferent to an inmate’s medical condition if that official recklessly disregards a substantial risk of harm to the inmate. This requires that the prison official knows of and disregards an excessive risk of harm. A serious medical need exists whenever the failure to treat the prisoner’s condition could result in further significant injury or the unnecessary and wanton infliction of pain. There are several of factors that are considered to determine if the inmate has a serious medical need.
The above information is just a general overview of Eighth Amendment claims for violation of a prisoner’s civil rights. If you believe that your civil rights have been violated, contact our office. The lawyers at Wanezek & Jaekels advise you of your legal options.