NCJ Number
140959
Journal
National Prison Project Journal Volume: 7 Issue: 4 Dated: (Fall 1992) Pages: 6-11
Date Published
1992
Length
6 pages
Annotation
This article reviews significant court cases that address the potential consequences for prison officials of the developing prison tuberculosis epidemic and identifies other cases worthy of note.
Abstract
The appeals court upheld in Hill v. Marshall a damage award against a prison official of $95,000 in compensatory damages plus an as-yet-unspecified amount in punitive damages to a prisoner who failed to receive prescribed preventive treatment for tuberculosis. The events occurred in 1981, but this case remains of particular interest because of the recent resurgence of tuberculosis in prisons and jails. The decision addresses what will be a much-litigated issue with regard to damages and resolves it in a way that makes it essential for prison officials to maintain a reliable system of followup care and medication delivery. A review of several cases supports the fact that prisoners' complaints about official neglect of tuberculosis surfaced in court long before the modern era of prison litigation and were dealt with in the fashion of the times. Other cases reviewed address such issues as sanitation, heat, and ventilation negligence; use of force; hazardous conditions and substances; mental health and medical care; crowding; and suicide prevention.