Managed health care in prisons as cruel and unusual punishment.

摘要: In an effort to cut costs, many state and county incarceration facilities have turned private managed health care organizations provide for their prisoners. Despite -- or, perhaps, because of the money saved by government made organizations, level in these has decreased, prisoner complaints lawsuits are on rise. Private prisons resulted inmate injuries deaths, which been being challenged Eighth Amendment grounds.Constitutional violations prison determined under deliberate indifference standard. The Supreme Court held that entities, or companies carrying out governmental duties, can be liable systemic where entity promulgates official custom policy violates prisoners? constitutional rights. Without question, some systems contain aspects constitute prisoners' rights.Some care, particularly direct financial incentives avoid treating inmates, per se indifference. Courts should find implementation policies always fails muster. Other create a rebuttable presumption exists. Measures save such as cutting staff, hiring less qualified denying, delaying providing inefficacious treatment give rise occurred.Legislatures might consider banning jails. alternative, legislatures enacting departments corrections contracting provisions ensure adequate inmates. Absent alternatives, use facilities, decreased comes along with it, remain constant vigilance federal courts, whose obligation it is enforce Constitution United States.