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Ninth Circuit: Delay in Providing Dental Care May Constitute Deliberate Indifference
Loaded on April 15, 2014
published in Prison Legal News
April, 2014, page 46
In an unpublished ruling, a Ninth Circuit Court of Appeals panel reversed in part a district court’s grant of summary judgment to prison officials who, a prisoner alleged, were deliberately indifferent to his serious medical needs.
In 2008, Nevada prisoner Martinez Aytch filed numerous requests for dental treatment for …
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More from this issue:
- An Interview with Noam Chomsky on Criminal Justice and Human Rights
- From the Editor, by Paul Wright
- $2.25 Million Jury Verdict against LCS in Texas Prisoner Death Suit, by Matthew Clarke
- Ohio: Attorney General May Not Increase Sex Offender’s Registration Requirements
- The Inadequacy of Prison Food Allergy Policies, by Jamie Longazel
- Kitchen Supervisor Gets Prison Time for Sexually Abusing Two Prisoners
- U.S. Supreme Court: District Courts Can Make Federal Sentences Consecutive or Concurrent to Future State Sentences
- $15.5 Million Settlement for Mentally Ill Jail Detainee Held in Solitary Confinement
- Colorado Prisoner who Murdered Guard Gets Life Without Parole
- Lowering Recidivism through Family Communication, by Alex Friedmann
- Iowa: Parole Agreement Does Not Constitute Voluntary Consent that Justifies Warrantless Search
- Update on Missouri Incarceration Reimbursement Act Case
- No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant
- Arkansas Suing Prisoners for Incarceration Costs
- Montana: Hospitalized Prisoner Entitled to Continuance in Divorce Case
- Texas: False Arrest and Malicious Prosecution Result in $411,865.18 Recovery
- California Supreme Court: Challenge to Booking Fee Order Forfeited Due to Failure to Object in Trial Court
- Study: TASER Shocks May Cause Fatal Heart Attacks, by Matthew Clarke
- Texas Court Holds CCA is a Governmental Body for Purposes of Public Records Law
- Mass Incarceration: The Whole Pie, by Peter Wagner
- New York Prisoner Secures Court Order for Visitation with Child
- GPS Monitoring System in Los Angeles Plagued by False Alerts, Ignored Alarms, by Christopher Zoukis
- Placing Rival Gang Members in Same Cell Not Per Se Unconstitutional
- No Death Penalty for Maine Prisoner, by Lance Tapley
- Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner
- The Redbook – A Manual on Legal Style, by John Dannenberg
- Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution, by Mark Wilson
- Court Awards $802,176 in Fees, Costs in PLN Censorship Suit Against Oregon County
- New York Prison Officials Can Force-Feed Hunger Striking Prisoner
- Ninth Circuit: Delay in Providing Dental Care May Constitute Deliberate Indifference
- Burden-Shifting Jury Instruction Requires New Trial in Prisoner's Lawsuit
- Eighth Circuit: Federal Sentence Consecutive to Later-Imposed State Sentence, by Mark Wilson
- Sexual Abuse by Oregon Jail Guard Nets Probation; Defense Attorney Blames Victim
- Federal Court Must Give Reasons for Special Conditions of Supervised Release, by David Reutter
- Idaho Supreme Court Upholds Dismissal of Section 1983 Claims in Jail Suicide Case, by Mark Wilson
- Washington PRA Violations Result in Costs and Penalties, by Mark Wilson
- Prisoner Organ Transplants, Donations Create Controversy
- Oklahoma Jailers Not Immune from Excessive Force Claims
- News in Brief
More from these topics:
- Los Angeles County Restricts Opioid Treatment, Feb. 1, 2026. Medication, Systemic Medical Neglect, Failure to Treat, Drug Overdose, Drug Treatment/Rehab.
- Washington County Pays $300,000 to Jail Detainee Denied Treatment for Kidney Stone, Feb. 1, 2026. Failure to Treat, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Pretrial Detention and Detainees, Deliberate Indifference.
- Eleventh Circuit Holds Estate Cannot Sue Jailers Who Followed Medical Personnel Advice That Led to Detainee’s Death, Feb. 1, 2026. Drug/Alcohol Withdrawal, Private Contractors, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Eleventh Circuit Holds Alabama County May Be Liable for Policy of Providing Inadequate Jail Medical Care, Feb. 1, 2026. Systemic Medical Neglect, Private Contractors, Failure to Treat, Monell Liability, Deliberate Indifference.
- Alabama and Wexford Health Pay Undisclosed Settlement for Delays Costing Prisoner Partial Foot Amputation, Feb. 1, 2026. Wexford Health Services, Systemic Medical Neglect, Failure to Treat, Infections, Deliberate Indifference.
- Pennsylvania County Renews $8 Million Contract with PrimeCare Despite Settlements, Feb. 1, 2026. Systemic Medical Neglect, Drug/Alcohol Withdrawal, Private Contractors, Failure to Treat, Contractor Liability.
- For Delay in Summoning Medical Care for Detainees, Alabama Jailers Granted Immunity But California Trooper Headed to Trial, Nov. 1, 2025. Failure to Treat, Qualified Immunity, Medical Neglect/Malpractice, Fourth Amendment, rights, Deliberate Indifference.
- Federal Injunction Bars ICE from Crowding Detainees in Unsanitary “Hold” Rooms in New York City Office, Nov. 1, 2025. Diabetes, Failure to Treat, Totality of Conditions, Food, Overcrowding, Plumbing, Sanitation, Bedding, Hygiene Supplies, Prisoner Legal Assistance, Legal Materials, Law Library Access/Adequacy, Summary Judgment, Injunctions, Class Certification, Immigration Detention.
- Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Suicides, Administrative Detention/Segregation, Deliberate Indifference.
- North Carolina Prison Officials Run Out the Clock On Trans Prisoner’s Vulvoplasty, Nov. 1, 2025. Failure to Treat, Attorney Fees (PLRA), Transgender Medical Procedures, Cruel and Unusual Punishment, Deliberate Indifference.

