The Ninth Circuit looked at the inmate's facts (lost teeth and pain when no dentist helped) and concluded that the inmate cannot sue the employees when the state itself is responsible for funding the dental office. "Chief Judge Alex Kozinski said in the majority opinion. He noted that prisoners seeking damages must prove, under federal law, that government employees intentionally violated their rights or were "deliberately indifferent" to their needs." So what's an inmate to do when denied basic health and dental care? He had already sued the state and lost because the state didn't have adequate resources to pay a reward. Talk about Catch-22 for Inmates!
The Ninth Circuit looked at the inmate’s facts (lost teeth and pain when no dentist helped) and concluded that the inmate cannot sue the employees when the state itself is responsible for funding the dental office. “Chief Judge Alex Kozinski said in the majority opinion. He noted that prisoners seeking damages must prove, under federal law, that government employees intentionally violated their rights or were “deliberately indifferent” to their needs.” So what’s an inmate to do when denied basic health and dental care? He had already sued the state and lost because the state didn’t have adequate resources to pay a reward. Talk about Catch-22 for Inmates!
http://m.sfgate.com/crime/article/Prisoners-lose-in-damage-claim-over-lack-of-5295645.php