Saturday, August 10, 2019

ESTELLE v. GAMBLE, 429 U.S. 97 (1976) Annotated Bibliography

ESTELLE v. GAMBLE, 429 U.S. 97 (1976) - Annotated Bibliography Example After a few days of treatment Gamble was reinstated to his normal duties but still complained of pains. He was sent to administrative segregation under the care of another doctor. He was taken to the prisons’ discipline committee for scrutiny and admonished to work but declined with complaints of intense back pain. While in confinement, Gamble asked for a chance to meet the doctor for further treatment but the prison but was denied the opportunity by a prison warded. This left him with no option but to continue suffering the pains. Gamble sued W.J. Estelle who acted as the Junior Director in the Department of Correction, H.H. Husbands who was a prison warden and Dr Gray Ralph, a medical practitioner in the Texas Department of Corrections. In the presentation, Gamble claimed infringement of his right to fair treatment envisioned in the Eighth Amendment to the US Constitution by the triple when he was subjected to inhuman punishment leading to his back injuries. The court had to determine if the prisoner was subjected to deliberate indifference treatment by the prison officials. The court also had to determine whether the complainant received any medical attention after the injury as per the requirement of the law. In addition, the court had to determine if the complainant had access to a health professional within or after the timeline when he placed his request. Furthermore, the court had to find out whether the patient was relieved of his duties immediately after reporting the injury and during treatment. The most fundamental issue was to determine if at any case the prison officials violated the cruel and unusual treatment clause of section 42 of the Eighth Amendment to the US Constitution. Since the plaintiff, Gamble had been subjected to harsh and severe treatment while in prison, the legal principle most applicable is the Eighth Amendment protection

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