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Denial of Medication/Prescribed Treatment States Eighth Amendment Claim
Loaded on June 15, 2006
published in Prison Legal News
June, 2006, page 32
In two separate cases the Eighth Circuit Court of Appeals held that a prisoners claim of being denied medication, or not given prescribed treatment, states a claim under the Eighth Amendment.Arkansas prisoner Willie Munn appealed a district courts dismissal of his suit after an evidentiary hearing. Munn had claimed …
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More from this issue:
- Torture in Maine Prison, by Lance Tapley
- From the Editor, by Paul Wright
- Maquiladoras Expanding in Mexico; Global System of Prison Factories Envisioned, by Michael Rigby
- North Carolina Prison Audit Finds Industry Excesses,Overpaid Guards, More, by Michael Rigby
- Rampant Sexual Favoritism By California Prison Warden Is Actionable Under Hostile Work Environment T
- Illinois DOC Seeks to Block Ex-Wardens Benefits, by Matthew Clarke
- The Decline and Fall of the Prison Press, by Leah Caldwell
- Audit of Californias Failed Intermediate-Parole-Sanctions Program Blames Lack of Benchmarks And D
- California Auditor: Prison Industries Loses Money and Fails to Demonstrate Rehabilitative Success, by Marvin Mentor
- Nevadas Son of Sam Statute of Violates First Amendment, by Mark Wilson
- California Legislature Reorganizes DOC To Add Rehabilitation, by Marvin Mentor
- Aramark to Pay $65,000 for Overbilling Pennsylvania Prison
- $40,000 Default Judgment Reversed for Determination of Service of Process Validity
- Unpaid Prisoners Clean Up Rita Ravaged Southeast Texas
- $20,500 New Hampshire Jail Award Upheld for False Disciplinary Charges
- Estate of Pennsylvania Prisoner Killed By Wexford Health Sources Settles Suit for $2.15 Million, by Michael Rigby
- Michigan Youth Prison Closed But Problems Continue, by Michael Rigby
- Love Letter Mail Scam Nets Ten Prisoners $221,000 and Fed Time
- Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation
- Michigan DOCs Visitation Ban for Substance Abuse Upheld
- California Prison Excessive Force Death Suit Settled For $850,000
- GEO Buys CSC After Settling $38.8 Million Judgment in Texas Boot Camp Death
- Washington DOC May Seize Money for LFOS; RCW 9.94A.772 Abrogates Angula
- GAO: Private Contractors Perform Poorly At Overseas Military Prisons, by Matthew T. Clarke
- Denial of Medication/Prescribed Treatment States Eighth Amendment Claim
- Georgia Jail and Its Medical Provider Settle Jail Wrongful Death Suit For $500,000, by Joan G. Crumpler
- Florida Muslim's Forced Shave Challenge Remanded, by David Reutter
- Federal Court Filing Fees Increased, Cost of Justice Too High for Many Prisoners
- California Ex-Con DNA Collection Law Ruled Not Retroactive, by John E Dannenberg
- PHS Parent Company Fires Executives For Cause In Billing Scandal
- Hawaii Guard Given Probation for Prisoners Death, by Gary Hunter
- Failure to Procure Medical Treatment Suit Proceeds Against Puerto Rican Guard
- Dismissal of the Publisher/Approved Vendor Only Challenge Reversed
- California Ban On Sexually Explicit Materials Upheld
- Washington DOC Pays Again for Flaunting Open Records Law
- Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable, by John E Dannenberg
- PLRA Does Not Apply to Released Prisoner
- § 1997e(e) Governs First Amendment Claims in Fifth Circuit
- Qualified Immunity Denied in Illinois Jail Rape Case
- Alabama Supreme Court Sidesteps Merits of Suit Challenging Contracted Prison Labor
- Washington Community Placement Condition Barring Pornography Unconstitutionally Vague
- SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls
- News in Brief:
- PLRAs 150% Attorney Fee Cap Applied in Nominal Damages, Non Prison Case Against Police
More from these topics:
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.
- $3.25 Million Verdict in New York Against Jail Medical Profiteer Armor Health, July 1, 2026. Private Prisons, Misconduct/Corruption, Medical, Conditions of Confinement, Civil Rights Actions or Offenses/Bivens Actions.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- Federal Court Partially Enjoins Enforcement of Georgia’s S.B. 185 Prohibiting Gender-Affirming Health Care in DOC, June 1, 2026. Medication, Failure to Treat, Injunctions, Transgender Medical Procedures, Cruel and Unusual Punishment.
- Fourth Circuit Revives Detainee’s Suit Alleging Monell and 14th Amendment Deliberate Indifference Claims, June 1, 2026. Medication, Private Contractors, Failure to Treat, Monell Liability, Deliberate Indifference.
- Prisoners in Oklahoma Can Now Buy Vapes, Pouches from Commissary, April 1, 2026. Medical, Statistics/Trends, Commissary, Prison Regulations.
- Wisconsin’s Incarcerated Population Has More Access to Opioid Treatment, But Still Missing in Eight County Jails, April 1, 2026. Medication, Drug/Alcohol Withdrawal, Drug Treatment/Rehab, Health care.

