Treatment that constitutes "cruel and unusual punishment" when applied to a prisoner is just standard operating procedure for those of us who are not incarcerated. How many Migraineurs have been told to just take a Motrin? The part of Moriarty's claim that was not dismissed by the Court was where he said he waited from April 10th to April 24th (a whole two weeks) to see the doctor, with frequent Migraines, before he was granted an appointment. On the outside, good luck getting an appointment to be seen for Migraines in under two months!
Cruel and unusual punishment gives rise to a constitutional claim for a prisoner; similar circumstances are not actionable for a free citizen. We aren't confined or forced to use only the doctor provided by the prison. Theoretically, we are free to find another doctor to treat us, free to go anywhere to get the treatment we need. We're free to take to our beds in a quiet room, rather than suffering a Migraine in a prison cell.
Here's a question to ponder:
If withholding treatment for Migraines from a prisoner for two weeks is cruel and unusual punishment, shouldn't prompt treatment be a basic right?
Shouldn't it be a right of every citizen? Imagine what our society and medical treatment might look like if everyone was guaranteed the right to prompt and effective treatment. Our society would have to prioritize medical research to make treatments effective, and to train many more doctors to provide effective treatment. We would have to have guaranteed medical coverage for every person, so that no one has to suffer cruel and unusual punishment while free!
The 8th Amendment's ban on cruel and unusual punishment is echoed in the Universal Declaration of Human Rights and is law in most civilized societies. It's designed to make sure we don't torture or humiliate those who we imprison, and that punishment for crimes is measured and rational. I have no argument with this. It is humane and makes perfect sense.
Isn't it ironic, though, that waiting two weeks for Migraine treatment is cruel and unusual punishment for a prisoner, while those of us on the outside might wait years if we don't have insurance or access to quality care? In this country, we are guaranteed a certain standard of medical care if we are incarcerated, but free citizens can die of dental abscesses in rural areas where there are no dentists, or go bankrupt paying for treatments we need. With no guarantee of medical coverage for every person, we all suffer cruel and unusual punishment without being convicted of a crime.
~ To the extent this sharepost contains legal information, it is legal education, not legal advice. No attorney-client relationship is created. ~
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Resources:
1 Iseley v. Beard, 200 Fed. Appx. 137 (3rd Cir. 2006)
2 Estelle v. Gamble, 429 U.S. 97 (1976)
3 Farmer v. Brennan, 511 U.S. 825 (1994)
4 Moriarty v. Neubold, Case No. 3:02cv1662 (RNC) (D. Conn. 2004)
© Megan Oltman, 2009
Last updated October 31, 2009.
