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Autor: anton • March 5, 2011 • 392 Words (2 Pages) • 418 Views
Liability of Individual Agents Under Section 1983
The most serious cause of action is the allegation that TransCor and its agents were deliberately indifferent to Mr. Irons' medical needs. In order to prove this cause of action, Mr. Irons-must prove that:
1. He had a serious medical need, in this case AIDS;
2. The denial of medical care was objectively serious or led
to a serious result;
3. The individual defendants acted with a sufficiently
culpable state of mind, which is generally viewed as a
reckless disregard for the prisoner's health, preventing
an inmate from receiving recommended treatment or
intentional refusal to provide medical care;
4. The delay in or the denial of medical care caused the
injuries complained of; and
5. Damages resulting from the denial of medical care.
In the present case, it is undisputed that Mr. Irons was diagnosed with AIDS prior to being transported by TransCor. AIDS is considered to be a serious medical need. Furthermore, it is alleged that he developed one or two boils while he was in TransCor's custody. The boils may also be considered serious medical needs, especially in view of the fact' that Mr. Irons was ultimately treated with antibiotics.
The failure to provide Mr. Irons with his HIV-related medication for 6 days, by itself, probably would not be considered objectively serious. Judicial opinions on this issue have referred to expert testimony which states that it requires 2-3 weeks before the failure to receive medication has an effect on the progression