Lack of Adequate Mental Health Treatment for Prisoners Constitutes Cruel and Unusual Punishment

Journal of the American Academy of Psychiatry and the Law

article

Laura McCabe¹  Richard L. Frierson¹ 

[1] Department of Neuropsychiatry and Behavioral Science,University of South Carolina School of Medicine

关键词: Eighth Amendment;    cruel and unusual punishment;    serious mental illness;    solitary confinement;    deliberate indifference;   

DOI  :  10.29158/JAAPL.210040-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

Eighth Amendmentcruel and unusual punishmentserious mental illnesssolitary confinementdeliberate indifferenceFailure to Provide Mental Health Treatment and Inappropriate Use of Solitary Confinement for Seriously Mentally Ill Prisoners Violates Eighth AmendmentIn Disability Rights Montana, Inc. v. Batista, 93 F.3d 1090 (9th Cir. 2019), the U.S. Court of Appeals for the Ninth Circuit reversed the district court's dismissal of a 42 U.S.C. § 1983 claim by Disability Rights Montana, Inc., that alleged the Montana Department of Corrections defendants violated the Eighth Amendment rights of all prisoners with serious mental illness incarcerated at the Montana State Prison. The court remanded the case for further proceedings and reassigned the case to a different district court judge.

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