estelle
gamble
argued
october
decided
november
respondent
state
inmate
brought
civil
rights
action
petitioners
state
corrections
department
medical
director
gray
two
correctional
officials
claiming
subjected
cruel
unusual
punishment
violation
eighth
amendment
inadequate
treatment
back
injury
assertedly
sustained
engaged
prison
work
district
dismissed
complaint
failure
state
claim
upon
relief
granted
appeals
held
alleged
insufficiency
medical
treatment
required
reinstatement
complaint
held
deliberate
indifference
prison
personnel
prisoner
serious
illness
injury
constitutes
cruel
unusual
punishment
contravening
eight
amendment
however
respondent
claims
gray
suggest
indifference
allegations
revealing
gray
medical
personnel
saw
respondent
occasions
span
treated
injury
problems
failure
perform
use
additional
diagnostic
techniques
constitute
cruel
unusual
punishment
medical
malpractice
cognizable
state
courts
question
whether
respondent
stated
constitutional
claim
petitioners
director
department
corrections
warden
prison
separately
evaluated
appeals
considered
remand
pp
reversed
remanded
marshall
delivered
opinion
burger
brennan
stewart
white
powell
rehnquist
joined
blackmun
concurred
judgment
stevens
filed
dissenting
opinion
post
bert
pluymen
assistant
attorney
general
texas
argued
cause
petitioners
pro
hac
vice
brief
john
hill
attorney
general
david
kendall
first
assistant
attorney
general
joe
dibrell
assistant
attorney
general
daniel
hedges
appointment
argued
cause
filed
brief
respondent
pro
hac
vice
justice
marshall
delivered
opinion
respondent
gamble
inmate
texas
department
corrections
injured
november
performing
prison
work
assignment
february
instituted
civil
rights
action
complaining
treatment
received
injury
named
defendants
petitioners
estelle
director
department
corrections
husbands
warden
prison
ralph
gray
medical
director
department
chief
medical
officer
prison
hospital
district
sua
sponte
dismissed
complaint
failure
state
claim
upon
relief
granted
appeals
reversed
remanded
instructions
reinstate
complaint
granted
certiorari
complaint
dismissed
failure
state
claim
must
take
true
handwritten
pro
se
allegations
cooper
pate
according
complaint
gamble
injured
november
bale
cotton
fell
unloading
truck
continued
work
four
hours
became
stiff
granted
pass
unit
hospital
hospital
medical
assistant
captain
blunt
checked
hernia
sent
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cell
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hours
pain
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intense
gamble
returned
hospital
given
pain
pills
inmate
nurse
examined
doctor
following
day
gamble
saw
astone
diagnosed
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back
strain
prescribed
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pain
reliever
robaxin
muscle
relaxant
placed
respondent
status
two
days
allowing
remain
cell
times
except
showers
november
gamble
saw
astone
continued
medication
another
seven
days
also
ordered
respondent
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lower
bunk
one
week
prison
authorities
comply
directive
following
week
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doctor
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relaxant
prescribed
new
pain
reliever
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placed
respondent
seven
days
permitting
remain
cell
except
meals
showers
november
respondent
saw
astone
put
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back
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pain
reliever
five
days
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another
week
december
despite
gamble
statement
back
hurt
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day
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work
time
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days
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much
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work
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december
gamble
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prison
disciplinary
committee
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committee
heard
complaint
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pressure
directed
seen
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doctor
december
respondent
saw
petitioner
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performed
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blood
test
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pressure
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blood
pressure
febridyne
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week
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december
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january
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committee
work
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blood
pressure
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days
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february
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swore
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ii
gravamen
respondent
complaint
petitioners
subjected
cruel
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eighth
amendment
made
applicable
fourteenth
see
robinson
california
therefore
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respondent
complaint
amendments
decisions
interpreting
history
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length
prior
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need
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see
gregg
georgia
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stewart
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jj
hereinafter
joint
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also
granucci
cruel
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louisiana
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elementary
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government
obligation
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authorities
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infliction
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modern
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gregg
georgia
supra
joint
opinion
proscribed
eighth
amendment
true
whether
indifference
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prison
doctors
response
prisoner
needs
prison
guards
intentionally
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amendment
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innocent
misadventure
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palko
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similarly
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claims
gray
capacity
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remand
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director
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estelle
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cruel
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amendment
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punishments
grossly
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gregg
georgia
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robinson
california
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admittedly
tempting
eliminate
meritless
complaint
pleading
stage
unfortunately
another
instance
judicial
haste
long
run
makes
waste
dioguardi
durning
clark
cited
approval
haines
kerner
supra
instant
case
district
resisted
temptation
premature
dismissal
case
might
long
since
ended
filing
medical
records
affidavits
demonstrating
adequate
treatment
likewise
decision
fifth
circuit
reinstating
complaint
allowed
stand
case
run
normal
course
litigation
probably
come
end
without
need
review
even
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circuit
wrongly
decided
pleading
issue
great
harm
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state
produce
medical
records
move
summary
judgment
instead
case
prolonged
two
stages
appellate
review
still
case
two
defendants
may
still
proceed
even
claims
prison
doctors
disposed
finality
principal
beneficiaries
today
decision
federal
judges
little
whose
time
saved
rather
within
prison
walls
whose
semiprofessional
services
greater
demand
doubt
ability
semiprofessional
embellish
pleading
conclusory
allegations
made
good
faith
foreclose
dismissal
without
response
state
unfortunate
today
decision
increase
prisoners
dependence
see
cruz
beto
rehnquist
dissenting
ii
like
district
decision
dismiss
complaint
decision
hear
case
violation
normal
practice
denying
interlocutory
review
see
stern
gressman
practice
ed
ill
serves
interest
judicial
economy
frankly
still
puzzled
decision
grant
certiorari
merely
thought
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circuit
misapplied
haines
kerner
reading
complaint
liberally
grant
certiorari
inexplicable
hand
thought
instead
pleading
question
case
presented
important
constitutional
question
state
duty
provide
medical
care
prisoners
crude
allegations
complaint
provide
kind
factual
basis
normally
requires
predicate
adjudication
novel
serious
constitutional
issue
see
rescue
army
municipal
ellis
dixon
wainwright
city
new
orleans
harlan
concurring
moreover
notes
courts
appeals
consider
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adopts
ante
since
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settled
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fail
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chosen
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normal
practice
iii
reference
accidental
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first
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attempt
electrocute
prisoner
louisiana
ex
rel
francis
resweber
see
ante
repeated
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deliberate
indifference
intentional
denial
adequate
medical
care
believe
improperly
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motivation
defendant
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determining
whether
cruel
unusual
punishment
inflicted
subjective
motivation
may
well
determine
remedy
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particular
defendant
however
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constitutional
standard
violated
turn
character
punishment
rather
motivation
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inflicted
whether
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andersonville
product
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mere
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cruel
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convinced
petition
certiorari
denied
granted
affirm
judgment
appeals
complaint
gamble
alleged
placed
administrative
segregation
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december
january
end
january
placed
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affidavit
filed
appeals
following
december
see
infra
gamble
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day
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date
affidavit
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state
legislative
report
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appeals
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various
times
one
three
doctors
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inmates
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help
poorly
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complaint
attempts
describe
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resemble
reported
prison
systems
instance
study
pennsylvania
prison
system
reported
ill
prisoner
point
contact
prison
health
care
program
line
access
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guard
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symptoms
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years
health
law
project
university
pennsylvania
health
care
conditions
pennsylvania
state
prisons
american
bar
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commission
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facilities
services
medical
health
care
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prisons
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toward
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inmates
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elsewhere
calloused
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prison
assembly
select
committee
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reform
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justice
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circuit
judges
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haines
unanimous
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federal
judiciary
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uneducated
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seeking
litigate
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scope
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prisons
allegations
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petitioner
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pro
se
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lawyers
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plaintiff
prove
set
facts
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claim
entitle
relief
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gibson
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dioguardi
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ordered
complaint
reinstated
expressly
intimate
view
whatever
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significant
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approach
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decide
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amount
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merits
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normally
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salutary
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passing
upon
grave
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see
also
borden
baldwin
cardozo
stone
concurring
result
approach
potentially
avoids
necessity
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deciding
constitutional
issue
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facts
proved
may
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question
alternatively
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record
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decide
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see
generally
rescue
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even
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principles
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theories
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facts
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shull
pilot
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ins
affidavit
filed
appeals
gamble
transferred
another
prison
placed
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confinement
denied
medical
care
conditions
allegedly
continuing
december
date
affidavit
appeals
apparently
considered
allegations
shown
reference
fact
gamble
spent
months
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care
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gamble
pursuing
charges
necessary
filing
new
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formal
amendment
present
complaint
original
complaint
also
alleged
prison
officials
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order
move
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days
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gamble
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allegations
therefore
probable
medical
records
produced
testimony
elicited
gamble
medical
care
evidence
show
fact
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serious
injury
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pro
forma
care
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allowed
amend
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reassert
claim
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prison
doctors
remarkable
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case
presence
case
involves
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situation
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significance
except
respondent
certiorari
granted
mystery
particularly
time
thought
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caseload
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glover
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stewart
dissenting
notes
ante
even
meaning
terms
used
complaint
unclear
reason
granting
certiorari
writ
dismissed
improvidently
granted
became
clear
oral
argument
parties
agreed
constitutional
standard
disagreed
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allegations
particular
complaint
see
tr
oral
arg
four
dissenting
justices
resweber
pointed
intent
executioner
lessen
torture
excuse
result
statutory
duty
state
officials
make
sure
failure
burton
joined
douglas
murphy
rutledge
indicates
eighth
amendment
violated
prison
guards
intentionally
denying
delaying
access
medical
care
intentionally
interfering
treatment
prescribed
ante
meant
indicate
intent
necessary
part
eighth
amendment
violation
disagree
state
elects
impose
imprisonment
punishment
crime
believe
obligation
provide
persons
custody
health
care
system
meets
minimal
standards
adequacy
part
basic
obligation
state
agents
affirmative
duty
provide
reasonable
access
medical
care
provide
competent
diligent
medical
personnel
ensure
prescribed
care
fact
delivered
denial
medical
care
surely
part
punishment
civilized
nations
may
impose
crime
course
every
instance
improper
health
care
violates
eighth
amendment
like
rest
us
prisoners
must
take
risk
competent
diligent
physician
make
error
error
may
give
rise
tort
claim
necessarily
constitutional
claim
state
adds
risk
providing
physician
meet
minimum
standards
competence
diligence
give
adequate
care
excessive
caseload
inadequate
facilities
prisoner
may
suffer
breach
state
constitutional
duty