MODULE 7: HEALTH CARE

LISTEN TO: COMMENTARY ON MODULE 7

READ:

1. Chapter 8 in the textbook

1. “Settlement Reached in Lawsuit Over Sweltering Texas Prison,” 2/5/2018, Houston Public Media:

1. “State now offers hormone therapy to transgender inmates,” 2/4/2016, Houston Chronicle:

1. “Treatment Denied: The Mental Health Crisis in Federal Prisons,” 11/21/2018, The Marshall Project:

1. “When Your Insulin Pump is Contraband,” 4/22/2015, in the Marshall Project:

Module 7 Assignment (due 4/13, no later than 11:59 pm)

Worth a maximum of 22.5 points toward the final grade

QUESTION 1

Explain what the Supreme Court means when it states that deliberate indifference to serious medical needs is a violation of the cruel and unusual punishment clause of the Eighth Amendment.

[Students will revisit the “deliberate indifference” standard in future modules that address issues other than health care. Stay tuned!] 1 ½ page minimum, double-spaced.

QUESTION 2

Starting with the understanding that the Constitution requires that prisoners receive adequate medical care and officials cannot be indifferent to their serious medical needs, discuss any limits on medical, dental, or mental health care that can legally be imposed without violating the Eighth Amendment. If you conclude that there should be no limitations, explain why. 1 page, double-spaced. Spend some time reviewing the articles posted under the readings to get a “feel” for the diversity of issues that fall under the category of health care!

NOTE: your answer must accept the Supreme Court’s “deliberate indifference” standard.

QUESTION 3

One-third of the 25 prisoners in cellblock B have tested positive for COVID-19 during the last 3 weeks. Two of the correctional officers assigned to that cellblock have also tested positive. The prisoners are concerned because they have not been issued facemasks on a regular basis. They leave their cells daily for chow hall and showers and are around many prisoners. Because of COVID-19 few prisoners are working and all educational/vocational programs are closed. Discuss and analyze the Supreme Court cases that the prisoners can use as they develop their legal arguments. Minimum 1 page, double-spaced.