revere
massachusetts
general
hospital
argued
february
decided
june
police
officer
petitioner
city
wounded
suspect
attempting
flee
scene
breaking
entering
massachusetts
judicial
held
petitioner
liable
medical
services
rendered
respondent
hospital
wounded
person
held
lack
jurisdiction
review
massachusetts
opinion
asserted
ground
decision
rested
adequate
independent
state
ground
massachusetts
opinion
premised
petitioner
liability
squarely
eighth
amendment
prohibition
cruel
unusual
punishments
respondent
standing
art
iii
sense
raise
constitutional
claim
moreover
invoking
prudential
limitations
respondent
assertion
rights
third
party
wounded
person
serve
functional
purpose
cf
craig
boren
pp
relevant
constitutional
provision
eighth
amendment
instead
due
process
clause
fourteenth
amendment
although
eighth
amendment
proscription
cruel
unusual
punishments
violated
deliberate
indifference
serious
medical
needs
prisoners
eighth
amendment
scrutiny
appropriate
state
secured
formal
adjudication
guilt
ingraham
wright
formal
adjudication
guilt
wounded
person
time
required
medical
care
pp
due
process
clause
requires
responsible
governmental
entity
provide
medical
care
persons
injured
apprehended
police
however
long
governmental
entity
ensures
medical
care
needed
fact
provided
constitution
dictate
cost
care
allocated
entity
provider
care
matter
state
law
petitioner
fulfilled
constitutional
obligation
seeing
wounded
person
received
needed
medical
treatment
petitioner
obtained
treatment
federal
constitutional
question
pp
blackmun
delivered
opinion
burger
brennan
marshall
powell
joined
parts
ii
iv
white
rehnquist
joined
rehnquist
filed
opinion
concurring
part
concurring
judgment
white
joined
post
stevens
filed
opinion
concurring
judgment
post
ira
zaleznik
argued
cause
petitioner
briefs
valerie
pawson
michael
broad
argued
cause
respondent
brief
ernest
haddad
briefs
amici
curiae
urging
reversal
filed
paul
devin
city
fitchburg
et
al
daniel
popeo
paul
kamenar
nicholas
calio
washington
legal
foundation
william
mcgrail
filed
brief
massachusetts
hospital
association
amicus
curiae
urging
affirmance
charles
sims
burt
neuborne
john
reinstein
filed
brief
american
civil
liberties
union
et
al
amici
curiae
justice
blackmun
delivered
opinion
issue
case
whether
municipality
constitutional
duty
obtain
necessary
medical
care
person
injured
municipality
police
performance
duties
includes
corresponding
duty
compensate
provider
medical
care
september
members
police
force
petitioner
city
revere
responded
report
breaking
entering
progress
scene
sought
detain
man
named
patrick
kivlin
attempted
flee
repeated
commands
stop
warning
shot
failed
halt
kivlin
flight
officer
fired
kivlin
wounded
officers
summoned
private
ambulance
took
kivlin
accompanied
one
officer
emergency
room
respondent
massachusetts
general
hospital
mgh
boston
kivlin
hospitalized
mgh
september
september
upon
release
revere
police
served
arrest
warrant
issued
september
kivlin
arraigned
released
recognizance
october
mgh
sent
chief
police
revere
bill
services
kivlin
chief
responded
immediately
letter
denying
responsibility
bill
october
kivlin
returned
mgh
treatment
released
november
bill
services
rendered
second
stay
january
mgh
sued
revere
state
recover
full
cost
hospital
services
rendered
kivlin
superior
county
suffolk
dismissed
complaint
mgh
appealed
judicial
massachusetts
transferred
case
docket
judicial
reversed
part
holding
constitutional
prohibition
cruel
unusual
punishment
embodied
eighth
amendment
constitution
applied
fourteenth
amendment
requires
revere
liable
hospital
medical
services
rendered
kivlin
first
stay
hospital
mass
apparently
believed
rule
needed
ensure
persons
police
custody
receive
necessary
medical
attention
view
rather
novel
eighth
amendment
approach
importance
delineating
governmental
responsibility
situation
kind
granted
certiorari
ii
first
address
two
preliminary
issues
mgh
suggests
lack
jurisdiction
decide
case
decision
rests
adequate
independent
state
ground
judicial
opinion
however
stated
unequivocally
state
contract
law
provided
basis
ordering
revere
pay
mgh
hospital
services
rendered
kivlin
mgh
invoked
commonwealth
constitution
support
claim
section
opinion
entitled
eighth
amendment
premised
revere
liability
squarely
federal
constitution
decision
based
interpretation
federal
law
jurisdiction
notwithstanding
fact
decision
rested
state
law
unreviewable
see
oregon
hass
parties
submit
various
arguments
concerning
mgh
standing
raise
constitutional
claim
mgh
however
clearly
standing
article
iii
sense
performed
services
paid
action
seeks
redress
economic
loss
directly
moreover
prudential
reasons
refusing
permit
litigant
assert
constitutional
rights
third
party
much
weaker
craig
boren
permitted
seller
beer
challenge
statute
prohibiting
sale
beer
males
females
ages
case
craig
plaintiff
assertion
jus
tertii
contested
lower
see
entertained
constitutional
claim
merits
unlike
craig
case
arose
state
plaintiff
mgh
prevailed
judicial
course
bound
prudential
limitations
jus
tertii
apply
federal
courts
consequence
holding
mgh
may
assert
rights
third
party
kivlin
therefore
dismiss
writ
certiorari
leaving
intact
state
judgment
favor
mgh
purportedly
improper
representative
third
party
constitutional
rights
see
doremus
board
education
circumstances
invoking
prudential
limitations
mgh
assertion
jus
tertii
serve
functional
purpose
craig
boren
iii
eighth
amendment
proscription
cruel
unusual
punishments
violated
deliberate
indifference
serious
medical
needs
prisoners
estelle
gamble
mgh
acknowledges
brief
respondent
facts
case
relevant
constitutional
provision
eighth
amendment
instead
due
process
clause
fourteenth
amendment
eighth
amendment
scrutiny
appropriate
state
complied
constitutional
guarantees
traditionally
associated
criminal
prosecutions
state
acquire
power
punish
eighth
amendment
concerned
secured
formal
adjudication
guilt
accordance
due
process
law
ingraham
wright
see
bell
wolfish
formal
adjudication
guilt
kivlin
time
required
medical
care
eighth
amendment
application
due
process
clause
however
require
responsible
government
governmental
agency
provide
medical
care
persons
kivlin
injured
apprehended
police
fact
due
process
rights
person
kivlin
situation
least
great
eighth
amendment
protections
available
convicted
prisoner
see
bell
wolfish
need
define
case
revere
due
process
obligation
pretrial
detainees
persons
care
require
medical
attention
see
youngberg
romeo
norris
frame
loe
armistead
cert
denied
sub
nom
moffitt
loe
whatever
standard
may
revere
fulfilled
constitutional
obligation
seeing
kivlin
taken
promptly
hospital
provided
treatment
necessary
injury
long
governmental
entity
ensures
medical
care
needed
fact
provided
constitution
dictate
cost
care
allocated
entity
provider
care
matter
state
law
course
governmental
entity
obtain
medical
care
needed
detainee
paying
must
pay
however
means
entity
meet
obligation
many
hospitals
subject
federal
state
laws
require
provide
care
indigents
hospitals
receiving
federal
grant
money
act
example
must
supply
reasonable
amount
free
care
indigents
see
commonwealth
massachusetts
hospital
emergency
facility
must
provide
emergency
services
regardless
patient
ability
pay
mass
laws
ch
west
supp
added
mass
acts
ch
amended
mass
acts
ch
refusal
provide
treatment
subject
hospital
malpractice
liability
governmental
entity
also
may
able
satisfy
duty
operating
hospital
possibly
imposing
willingness
hospitals
physicians
treat
sick
regardless
individual
patient
ability
pay
short
injured
detainee
constitutional
right
receive
needed
medical
treatment
city
revere
obtains
treatment
federal
constitutional
question
even
certain
mandating
government
reimbursement
hospitals
treat
injured
persons
police
custody
effect
increasing
availability
quality
care
although
requirement
serve
eliminate
reluctance
part
private
hospitals
provide
treatment
also
might
encourage
police
take
injured
detainees
public
hospitals
rather
private
ones
regardless
relative
distances
ability
furnish
particular
services
iv
reasons
judgment
judicial
reversed
ordered
footnotes
nothing
record
indicates
mgh
ever
tried
obtain
payment
kivlin
ruled
kivlin
longer
custody
returned
mgh
october
concluded
revere
liable
mgh
services
rendered
second
hospitalization
issue
us
stated
hospital
argues
prohibition
deliberate
indifference
medical
needs
prisoners
contained
implicitly
eighth
amendment
estelle
gamble
compels
government
agency
division
responsible
supplying
medical
needs
pay
agree
footnotes
omitted
addition
resolve
question
whether
mgh
standing
without
addressing
constitutional
issue
significant
degree
case
class
standing
merits
inextricably
intertwined
holtzman
schlesinger
douglas
chambers
standing
question
merits
depend
part
whether
injured
suspects
deprived
constitutional
right
necessary
medical
care
unless
governmental
entity
required
pay
hospitals
services
due
process
issue
raised
respondent
alternative
ground
support
judgment
fully
briefed
properly
us
see
dandridge
williams
reason
believe
moreover
judicial
analysis
rights
pretrial
detainees
different
due
process
clause
factual
issues
dispute
little
point
remanding
case
merely
allow
judicial
reconsider
holding
relevant
constitutional
provision
nothing
say
affects
right
hospital
governmental
entity
may
recover
detainee
cost
medical
services
provided
deal
course
possible
remedies
pattern
constitutional
violations
justice
rehnquist
justice
white
joins
concurring
part
concurring
judgment
see
reason
decide
case
requirements
due
process
clause
may
impose
upon
governmental
agency
way
providing
medical
care
persons
injured
apprehended
police
points
hatever
standard
may
revere
fulfilled
constitutional
obligation
seeing
kivlin
taken
promptly
hospital
provided
treatment
necessary
injury
ante
statements
regarding
application
due
process
clause
situation
ante
page
therefore
unnecessary
well
largely
unsupported
concur
parts
ii
iv
opinion
justice
stevens
concurring
judgment
case
raises
question
state
fiscal
policy
mayor
city
revere
paid
bill
advised
attorney
attorney
general
state
obligation
municipality
interest
matter
even
legal
advice
misinterpreted
federal
law
massachusetts
legislature
passed
statute
requiring
bills
character
paid
city
performance
city
state
statutory
obligation
give
rise
federal
question
true
even
legislative
history
statute
made
perfectly
clear
every
lawmaker
voted
bill
believed
federal
constitution
required
state
allocate
cost
manner
judicial
massachusetts
rather
another
branch
state
government
invoked
federal
constitution
imposing
expense
city
revere
authority
review
decision
sensible
exercise
discretion
wield
authority
think
nothing
federal
constitution
prohibits
state
giving
lawmaking
power
courts
minnesota
clover
leaf
creamery
stevens
dissenting
individual
right
violated
case
underlying
issue
federal
law
never
deemed
issue
national
significance
since
however
unwisely
opinion
grant
certiorari
join
judgment
agree
substantive
analysis
case
except
assertion
eighth
amendment
prohibition
cruel
unusual
punishment
violated
state
imposition
cruel
unusual
punishment
prisoner
convicted
crime
adhere
views
statements
support
assertion
ingraham
wright
bell
wolfish
simply
squared
text
purpose
eighth
amendment
see
ingraham
supra
white
dissenting