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One Month Delay in Treating Prisoner’s Broken Bones States 8th Amendment Claim

One Month Delay in Treating Prisoner's Broken Bones States 8th Amendment Claim

In 2004, William Guy, a California state prisoner, broke his ribs and ankle. He wasn't treated for a month. He sued in federal district court, claiming that the guards had been deliberately indifferent to his medical needs in violation of the 8th Amendment to the U.S. Constitution. The district court dismissed the case because Guy didn't satisfactorily amend his complaint as ordered.

On appeal, the U.S. Court of Appeals for the 9th Circuit found that the complaint identified the defendants and alleged an inappropriate delay in Guy's medical care. Thus, the appeals court found that the complaint stated an 8th Amendment claim. It therefore reversed and remanded the case. See: Guy v. California DOC, 137 Fed.Appx. 80 (9th Cir. 2005) (unpublished).

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Related legal case

Guy v. California DOC