RT Article
T1 Section 1983 civil liability against prison officials and dentists for delaying dental care
JF Criminal justice policy review
VO 31
IS 5
SP 721
OP 745
A1 Nolasco, Claire Angelique
A2 Vaughn, Michael
LA English
YR 2020
UL https://krimdok.uni-tuebingen.de/Record/1770460810
AB Many prisoners enter correctional facilities in the United States with little history of good dental hygiene and even less history of access to dentists. Thus, the incarceration experience presents opportunities for inmates to receive quality dental care, often for the first time. Dental care delivered by correctional dentists is complicated, however, by the array of serious dental conditions and difficult to treat dental problems in clinical settings. These conditions exist within a legal environment that mandates adequate dental care be provided to prisoners by the state. This article examines prisoners’ Section 1983 lawsuits, claiming that delays in the delivery of dental care violate inmates’ federally guaranteed rights. The analysis focuses on what the U.S. Circuit Courts of Appeals have required of correctional officials and dentists in the form of dental care, concluding with nine best practices for correctional dental practitioners to follow to avoid Section 1983 liability.
K1 prison dental care
K1 prison health care
K1 Correctional health care
K1 Section 1983 litigation
K1 Civil Liability
DO 10.1177/0887403419860899