A prisoner has a constitutional right to psychological or psychiatric treatment based on medical necessity rather than mere desirability, provided it is offered on a reasonable cost and time basis.
An incarcerated individual filed a pro se action alleging that the denial of parole based on psychological evaluations violated his constitutional rights. He sought psychological diagnosis and treatment to improve his eligibility for parole. The court addresses whether a prisoner has a constitutional right to psychological or psychiatric treatment. The court holds that a prisoner is entitled to such treatment if a healthcare provider concludes with reasonable medical certainty that the prisoner's symptoms evidence a serious, treatable disease or injury and that delay would cause substantial harm. This right is limited to treatment provided on a reasonable cost and time basis, where the essential test is medical necessity rather than mere desirability.
At page 48 Defining medical necessity standard for prison care237 citing cases“limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be considered merely desirable.”
- Monchery, No. 3:24-cv-00676 (E.D. Va. Aug. 21, 2026). (disavow[ing] any attempt [of the Court] to second- guess the propriety or adequacy of a particular course of treatment)
- Monchery, No. 3:24-cv-00676 (E.D. Va. Aug. 20, 2026). (disavow[ing] any attempt [of the Court] to second- guess the propriety or adequacy of a particular course of treatment)
- Clarke, No. 3:23-cv-00276 (E.D. Va. Feb. 27, 2026). (disavow|in]g any attempt [of the Court] to second-guess the propriety or adequacy of a particular course of treatment)
- Makdessi v. Collins, No. 7:23-cv-00049, 2024 WL 4441746 (W.D. Va. Oct. 8, 2024).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable.)
- Monzon v. Spangler, No. 7:22-cv-00161 (W.D. Va. Mar. 22, 2024). ([D]isavow[ing] any attempt to second-guess the propriety or adequacy of a particular course of treatment.)
- King v. Boyd, No. 3:21-cv-00352 (E.D. Va. Nov. 15, 2023). (disavow[in]g any attempt [of the Court] to second-guess the propriety or adequacy of a particular course of treatment)
- DePriest v. Cane, No. 3:21-cv-00624 (E.D. Va. June 7, 2023). (disavow|[in]g any attempt [of the Court] to second-guess the propriety or adequacy of a particular course of treatment)
- Riddick v. Mullins, No. 7:20-cv-00096 (W.D. Va. Sept. 29, 2021).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable)
- Schittler v. Kilgore, No. 7:20-cv-00387 (W.D. Va. Sept. 22, 2021).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable)
- Henderson v. Smith, No. 7:19-cv-00420 (W.D. Va. Mar. 4, 2021).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable.)
Show 191 more citing cases
- George v. Moore, No. 7:19-cv-00631 (W.D. Va. Sept. 30, 2020).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable)
- Hailey v. Mullins, No. 7:19-cv-00265 (W.D. Va. July 21, 2020). See Bowring, 551 F.2d at 47-48 (“The right to treatment is, of course, limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be consider…
- Sublett v. Smith, No. 7:19-cv-00391 (W.D. Va. July 8, 2020). See Bowring, 551 F.2d at 47-48 (“The right to treatment is, of course, limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be consider…
- Hall v. Smith, No. 7:19-cv-00812 (W.D. Va. Apr. 14, 2020).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable.)
- Roscoe v. Collins, No. 7:17-cv-00494 (W.D. Va. Mar. 23, 2020).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable)
- Griffith v. Mediko, No. 7:19-cv-00269 (W.D. Va. Feb. 28, 2020).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable)
- Sink v. Wang, No. 7:18-cv-00350 (W.D. Va. Feb. 26, 2020).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable.)
- Ferguson v. Wilson, No. 1:18-cv-00404 (S.D. W. Va. Sept. 27, 2019).([W]e disavow any attempt to second-guess the propriety or adequacy of a particular course of treatment.)
- Pledger v. Lynch, No. 2:16-cv-00083 (N.D. W. Va. Sept. 27, 2018).([W]e disavow any attempt to second-guess the propriety or adequacy of a particular course of treatment. Along with all other aspects of health care, this remains a question of sound professional judgment.)
- Don Waldrop v. David C. Evans, 871 F.2d 1030 (11th Cir. 1989).published([W]e disavow any attempt to second-guess the propriety or adequacy of a particular course of treatment. Along with all other aspects of health care, this remains a question of sound professional judgment.)
- Farmer v. Carlson, 685 F. Supp. 1335 (M.D. Pa. 1988).published (courts will not intervene upon allegations of mere negligence, mistake or difference of opinion)
- Maher v. Thomson, No. 7:21-cv-00143 (W.D. Va. July 25, 2022).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable.)
- Sink v. Wang, No. 7:18-cv-00350 (W.D. Va. Mar. 25, 2021).([T]he essential test is one of medical necessity and not simply that which may be considered merely desirable.)
- Duty, No. 7:25-cv-00505 (W.D. Va. Aug. 17, 2026).Snipes v. DeTalla, 95 F.3d 586, 591 (7th Cir. 1996); Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977); Estelle v. Gamble, 429 U.S. 97, 107 (1976); Miltier v. Beorn, 896 F.2d 848, 852 (4th Cir. 1990).
- Brown, No. 1:25-cv-00458 (M.D. Pa. Aug. 6, 2026).Pa. 1988) (citing Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977)); see also McCracken v. Jones, 552 F.2d 22 , (10th Cir. 1977): Smart v. Villar, 547 F.2d 112, 113 (10th Cir. 1976), cert. denied, 450 U.S. 1041 (1981).
- Kenneth Mark Pohlmann v. Lisa Noles, No. 25-10780 (11th Cir. Mar. 31, 2026).unpublishedWaldrop, 871 F.2d at 1033 (citing Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977)); Harris, 941 F.2d at 1505 .
- Long, No. 1:25-cv-00175 (D. Md. Mar. 18, 2026).Further, the inmate’s right to treatment is “limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be considered merely desirable.” Unit…
- Mouzone, No. 1:25-cv-00624 (D. Md. Mar. 17, 2026).Further, the inmate’s right to treatment is “limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be considered merely desirable.” Unit…
- Clarke, No. 3:23-cv-00316 (E.D. Va. Jan. 5, 2026).“that which may be considered merely desirable”
- Marine v. Eves, No. 7:22-cv-00682 (W.D. Va. Sept. 18, 2025).“the essential test is one of medical necessity and not simply that which may be considered merely desirable”
- Herrington v. Hagen, No. 3:23-cv-00696 (E.D. Va. Sept. 2, 2025).(noting that the right to medical treatment is limited to that treatment which is medically necessary and not to “that which may be considered merely desirable)
- Wood v. Yancey, No. 1:23-cv-00462 (E.D. Va. Aug. 22, 2025).“that which may be considered merely desirable”
- Hill v. Todd, No. 5:24-cv-00191 (M.D. Ga. May 8, 2025).(no recovery under § 1983 for disagreements between patient and doctor about what is medically necessary or justifiable)
- Allen v. Walker, No. 3:24-cv-00067 (W.D. Va. May 7, 2025).Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977); see Short v. Hartman, 87 F.4th 593 , 611-12 (4th Cir. 2023) (reaffirming this principle).
- Brown v. Coyner, No. 7:22-cv-00251 (W.D. Va. Mar. 17, 2025).“[T]he essential test is one of medical necessity and not simply that which may be considered merely desirable”
- Phoenix v. Herrick, No. 3:23-cv-00335 (E.D. Va. Feb. 24, 2025).“that which may be considered merely desirable”
- John Doe 4 v. Shenandoah Valley Juv., 985 F.3d 327 (4th Cir. 2021).published
- Farmer v. Wexford Health Servs., Inc., No. 8:17-cv-00346 (D. Md. Oct. 30, 2020).
- Abney v. Fed. Corr. Inst. McDowell, No. 1:23-cv-00027 (D. Md. May 28, 2024).
- Garner v. Walker, No. 4:21-cv-00004 (E.D. Mo. Sept. 2, 2021).
- Monroe v. Rivet, No. 3:18-cv-00852 (E.D. Va. Oct. 29, 2019).
- Oden v. Wilson, No. 3:17-cv-00489 (E.D. Va. Nov. 27, 2019).
- Hinton v. Amonette, No. 3:18-cv-00059 (E.D. Va. Mar. 12, 2020).
- Hunter v. Rauf, No. 3:18-cv-00153 (E.D. Va. June 22, 2020).
- Jones v. Parrish, No. 3:19-cv-00310 (E.D. Va. Sept. 8, 2020).
- Tharrington v. Armor Corr. Health Care, No. 3:19-cv-00338 (E.D. Va. Oct. 7, 2020).
- Hunter v. Rauf, No. 3:18-cv-00153 (E.D. Va. Jan. 13, 2021).
- Gatlin v. Piscitelli, No. 3:20-cv-00115 (E.D. Va. Feb. 22, 2021).
- Hinton v. Amonette, No. 3:18-cv-00059, 2021 WL 279238 (E.D. Va. Jan. 27, 2021).
- Blackwell v. Cane, No. 3:20-cv-00286 (E.D. Va. Nov. 4, 2021).
- Metcalf v. GEO Grp., Inc., No. 3:21-cv-00177 (E.D. Va. Jan. 31, 2022).
- Metcalf v. GEO Grp., Inc., No. 3:19-cv-00842, 2022 WL 567837 (E.D. Va. Feb. 24, 2022).
- Chappelle v. Campbell, No. 1:21-cv-00863 (E.D. Va. Jan. 5, 2023).
- Wilson v. Arthur, No. 3:23-cv-00082 (E.D. Va. Mar. 14, 2023).
- Hicks v. Doyle, No. 1:20-cv-00552 (E.D. Va. Mar. 6, 2023).
- Olajuwon, Sr. v. Ofogh, No. 3:21-cv-00004 (E.D. Va. May 1, 2023).
- Dobson v. Clarke, No. 3:22-cv-00132 (E.D. Va. Aug. 9, 2023).
- Hunt v. McCabe, No. 3:21-cv-00539 (E.D. Va. Jan. 26, 2024).
- Lane v. Armor Corr. Healthcare, Inc, No. 1:22-cv-00632 (E.D. Va. Aug. 19, 2024).
- Treadway v. Mullins, No. 7:20-cv-00571 (W.D. Va. Sept. 20, 2021).
- Sabbats v. Clarke, No. 7:21-cv-00198 (W.D. Va. Sept. 12, 2022).
- Lancaster v. Todd, No. 1:16-cv-00200 (N.D. W. Va. Aug. 21, 2017).
- Phoenix v. Clarke, No. 3:23-cv-00276 (E.D. Va. Jan. 21, 2025).
- Larry Lasko v. Scott Dodrill, 373 F. App'x 196 (3d Cir. 2010).unpublished
- James Anderson v. David DiGuglielmo, 406 F. App'x 574 (3d Cir. 2011).unpublished
- Rodriguez v. Sec'y Pennsylvania Dep't of Corr., 441 F. App'x 919 (3d Cir. 2011).unpublished
- Michael Sharpe v. Ediberto Medina, 450 F. App'x 109 (3d Cir. 2011).unpublished
- Wendell Brown v. Poorman, 492 F. App'x 211 (3d Cir. 2012).unpublished
- Randolph Carson v. Richard Mulvihill, 488 F. App'x 554 (3d Cir. 2012).unpublished
- Solomon Johnson v. Brian Coleman, 506 F. App'x 125 (3d Cir. 2012).unpublished
- Ophelia De'Lonta v. Gene Johnson, 708 F.3d 520 (4th Cir. 2013).published
- William Pierce v. David Pitkins, 520 F. App'x 64 (3d Cir. 2013).unpublished
- Libbett v. Doody, 686 F. Supp. 2d 271 (W.D.N.Y. 2010).published
- Sandlin v. Poole, 575 F. Supp. 2d 484 (W.D.N.Y. 2008).published
- Green v. McGinnis, 515 F. Supp. 2d 379 (W.D.N.Y. 2007).published
- Bumpus v. Canfield, 495 F. Supp. 2d 316 (W.D.N.Y. 2007).published
- Anderson v. Burge, 539 F. Supp. 2d 684 (W.D.N.Y. 2008).published
- Abdur-raqiyb v. Erie Cnty. Med. Ctr., 536 F. Supp. 2d 299 (W.D.N.Y. 2008).published
- Griswold v. Morgan, 378 F. Supp. 2d 328 (W.D.N.Y. 2005).published
- O.K. v. Bush, 344 F. Supp. 2d 44 (D.D.C. 2004).published
- Sowell v. Chappius, 695 F. Supp. 2d 16 (W.D.N.Y. 2010).published
- Withrow v. Goord, 374 F. Supp. 2d 326 (W.D.N.Y. 2005).published
- Tindal v. Goord, 530 F. Supp. 2d 465 (W.D.N.Y. 2008).published
- Shuler v. Edwards, 485 F. Supp. 2d 294 (W.D.N.Y. 2007).published
- Johnson v. Wright, 477 F. Supp. 2d 572 (W.D.N.Y. 2007).published
- Miller v. Beard, 699 F. Supp. 2d 697 (E.D. Pa. 2010).published
- Green v. Khrisnaswamy, 328 F. Supp. 2d 417 (W.D.N.Y. 2004).published
- Boomer v. DePerio, 405 F. Supp. 2d 259 (W.D.N.Y. 2005).published
- Goodson v. Evans, 438 F. Supp. 2d 199 (W.D.N.Y. 2006).published
- Turner v. Goord, 376 F. Supp. 2d 321 (W.D.N.Y. 2005).published
- Caldwell v. Luzerne Cnty. Corr. Facility Mgmt. Employees, 732 F. Supp. 2d 458 (M.D. Pa. 2010).published
- Boatwright v. Canfield, 680 F. Supp. 2d 468 (W.D.N.Y. 2010).published
- Burgos v. Alves, 418 F. Supp. 2d 263 (W.D.N.Y. 2006).published
- Cameron v. Allen, 525 F. Supp. 2d 1302 (M.D. Ala. 2007).published
- Evans v. Manos, 336 F. Supp. 2d 255 (W.D.N.Y. 2004).published
- Flemming v. Wurzberger, 490 F. Supp. 2d 320 (W.D.N.Y. 2007).published
- Pettus v. Wright, 514 F. Supp. 2d 436 (W.D.N.Y. 2007).published
- Kosilek v. Spencer, 774 F.3d 63 (1st Cir. 2014).published
- Beckett v. Pennsylvania Dep't of Corr., 597 F. App'x 665 (3d Cir. 2015).unpublished
- Philip Bonadonna v. Donna Zickefoose, 601 F. App'x 77 (3d Cir. 2015).unpublished
- Gregory A. Beavers v. Aluminum Co. of Am., No. 13-08-00214-CV (Tex. App.—Corpus Christi July 17, 2008).published
- Daniel Muniz v. Texas Dep't of Crim. Just., No. 13-06-00366-CV (Tex. App.—Corpus Christi July 17, 2008).published
- Thomas v. Dragovich, 142 F. App'x 33 (3d Cir. 2005).unpublished
- Jamiel Johnson v. Angela Auman, 303 F. App'x 79 (3d Cir. 2008).unpublished
- Sides v. Law, 283 F. App'x 930 (3d Cir. 2008).unpublished
- Ham v. Greer, 269 F. App'x 149 (3d Cir. 2008).unpublished
- William Davis III v. Corr. Med Sys, 334 F. App'x 519 (3d Cir. 2009).unpublished
- Renee Palakovic v. John Wetzel, 854 F.3d 209 (3d Cir. 2017).published
- Richard Joh v. Paul Suhey, 709 F. App'x 729 (3d Cir. 2017).unpublished
- Mori v. Allegheny Cnty., 51 F. Supp. 3d 558 (W.D. Pa. 2014).published
- Imhoff v. Temas, 67 F. Supp. 3d 700 (W.D. Pa. 2014).published
- Shultz v. Allegheny Cnty., 835 F. Supp. 2d 14 (W.D. Pa. 2011).published
- Allen v. Rahming (INMATE 1)(CONSENT), No. 2:17-cv-00025 (M.D. Ala. Dec. 11, 2019).
- Davis v. Wexford Health Sources, Inc., No. 1:18-cv-00954 (D. Md. Sept. 3, 2019).
- Coates v. DPSCS, No. 8:18-cv-03281 (D. Md. Sept. 13, 2019).
- Zayre-Brown v. North Carolina Dep't of Adult Corr., No. 3:22-cv-00191 (W.D.N.C. Feb. 2, 2024).
- Ruibal v. Porsche Cars North Am., Inc., No. 3:20-cv-00666 (D.N.J. Feb. 10, 2020).
- Dorsainvil v. Peim, No. 2:15-cv-03035 (D.N.J. Mar. 24, 2020).unpublished
- The Est. of Ulisses M. Rodriguez v. Johnson, No. 2:18-cv-04547 (D.N.J. June 29, 2020).unpublished
- Jones v. NJ DOC Cent. Transp., No. 3:18-cv-01454 (D.N.J. Oct. 28, 2020).
- Sabetpour v. Martinez, No. 2:19-cv-10030 (D.N.J. Aug. 10, 2021).
- Prior-ramirez v. Williams-hall, No. 1:21-cv-04321 (D.N.J. Sept. 28, 2021).
- Conrad v. Lopez De Lasalle, No. 1:21-cv-08462, 2021 WL 4593273 (D.N.J. Oct. 6, 2021).
- Turner v. Springler, No. 3:20-cv-13184 (D.N.J. Jan. 4, 2022).
- Richardson v. Ellis, No. 3:21-cv-12498 (D.N.J. Jan. 7, 2022).
- Flowers v. Francoise, No. 3:18-cv-13686 (D.N.J. Dec. 27, 2021).
- Wilcox v. Pimpinelli, No. 2:21-cv-02063 (D.N.J. Apr. 5, 2022).
- Belskis v. Ortiz<font Color=\red\">do Not File in This case</font>", No. 1:21-cv-10322 (D.N.J. Apr. 27, 2022).
- Do Not File in This Case, No. 1:21-cv-13212 (D.N.J. May 20, 2022).
- Banks v. Grisom, No. 1:21-cv-15046 (D.N.J. July 21, 2022).
- <font Color=\red\">do Not File in This case</font> Transferred to Trenton - New Civil Action No. 3:18-cv-13943", No. 1:18-cv-13943 (D.N.J. June 3, 2022).
- Belskis v. Ortiz<font Color=\red\">do Not File in This case</font>", No. 1:21-cv-10322 (D.N.J. Aug. 22, 2022).
- Barnes v. Ortiz, No. 1:21-cv-02523 (D.N.J. Aug. 30, 2022).
- Muhammad v. New Jersey State Prison, No. 3:22-cv-04310 (D.N.J. Nov. 28, 2022).unpublished
- Turner v. Springler, No. 3:20-cv-13184 (D.N.J. Nov. 22, 2022).unpublished
- Ibrahim v. Defilippo, No. 3:19-cv-05021 (D.N.J. Nov. 8, 2022).unpublished
- Pagliaroli v. Ahsan, No. 3:18-cv-12412 (D.N.J. Jan. 31, 2023).unpublished
- Pagliaroli v. New Jersey Dep't of Corr., No. 3:19-cv-21505 (D.N.J. Jan. 19, 2023).unpublished
- Dew v. Ellis, No. 3:22-cv-01136 (D.N.J. May 31, 2023).unpublished
- South v. Fed. Bureau of Prisons, No. 1:20-cv-09045 (D.N.J. June 28, 2023).
- Nedrick v. Cnty. of Salem, No. 1:22-cv-05143 (D.N.J. June 27, 2023).
- Cummings v. Somerset Cnty. Jail, No. 3:20-cv-05217 (D.N.J. Aug. 14, 2023).unpublished
- Farmer v. Plumeri, No. 3:22-cv-00957 (D.N.J. Oct. 31, 2023).unpublished
- Bond v. Welch <font Color=\red\">do Not File in This case</font>", No. 1:23-cv-03411 (D.N.J. Feb. 1, 2024).
- Anderson v. Warden, No. 1:23-cv-01925 (D.N.J. May 14, 2024).
- Brown v. Nicholson, No. 2:18-cv-03328, 2020 WL 610523 (E.D. Pa. Feb. 7, 2020).
- Oliver v. Wetzel, No. 3:16-cv-00407 (M.D. Pa. Mar. 23, 2020).
- Lane v. Benoit, No. 3:17-cv-00070 (M.D. Pa. Mar. 30, 2020).
- Murray v. Wetzel, No. 1:17-cv-01637-RDM-MP (M.D. Pa. Mar. 29, 2021).
- Strotman v. Correct Care Solutions, No. 1:19-cv-00746 (M.D. Pa. July 22, 2021).
- Brown v. Monsalud, No. 1:20-cv-00849, 2021 WL 4502238 (M.D. Pa. Sept. 30, 2021).
- Sutton v. Noel, No. 1:19-cv-02080, 2021 WL 4860772 (M.D. Pa. Oct. 19, 2021).
- Walker v. Zaloga, No. 1:20-cv-02247 (M.D. Pa. Jan. 10, 2022).
- McGlinchey v. Pepper, No. 1:19-cv-00162 (M.D. Pa. Mar. 16, 2022).
- Sutton v. Noel, No. 1:19-cv-02080 (M.D. Pa. July 18, 2022).
- Mckinley v. Stanish, No. 3:21-cv-00960, 2022 WL 4369974 (M.D. Pa. Sept. 21, 2022).
- Payne v. White, No. 1:22-cv-00559 (M.D. Pa. Sept. 7, 2022).
- Pham v. Walters, No. 3:22-cv-00344 (M.D. Pa. Jan. 4, 2023).
- Taylor, Jr. v. Yampolsky, No. 3:22-cv-00294 (M.D. Pa. Nov. 18, 2022).
- Wilson v. Mahally, No. 3:18-cv-01637 (M.D. Pa. Feb. 17, 2023).
- Rudolph v. Wellpath, No. 3:22-cv-00382 (M.D. Pa. Mar. 17, 2023).
- White v. Dauphin Cnty., No. 1:22-cv-01241, 2023 WL 6392735 (M.D. Pa. Sept. 29, 2023).
- Folk v. United States, No. 3:22-cv-00599 (M.D. Pa. Jan. 22, 2024).
- Hubert v. Luscavage, No. 3:21-cv-01523 (M.D. Pa. Jan. 26, 2024).
- Sartoris v. Primecare Med. CEO & Staff, No. 3:23-cv-00640 (M.D. Pa. Feb. 6, 2024).
- Brown v. Monsalud, No. 1:20-cv-00849 (M.D. Pa. Feb. 27, 2024).
- White v. Dauphin Cnty., No. 1:22-cv-01241, 2024 WL 3046718 (M.D. Pa. June 18, 2024).
- Michaux v. Temas, No. 2:17-cv-01241, 2020 WL 3799755 (W.D. Pa. July 7, 2020).
- Green v. Wetzel, No. 1:18-cv-00093 (W.D. Pa. Aug. 11, 2020).
- Williams v. Clark, No. 1:18-cv-00315 (W.D. Pa. Dec. 20, 2021).
- Layton v. Smyth, No. 2:20-cv-00519 (W.D. Pa. Dec. 21, 2022).
- Brown v. Levels, No. 5:19-cv-01539 (D.S.C. Sept. 18, 2020).
- Ford v. Thompson, No. 4:23-cv-03631 (D.S.C. May 3, 2024).
- Billingsley v. Daniels (INMATE 2), No. 2:16-cv-00748 (M.D. Ala. Aug. 2, 2019).
- Alverson v. Dunn (INMATE 1), No. 2:16-cv-00928 (M.D. Ala. Nov. 5, 2019).
- Smith v. Corizon Health Servs. (INMATE 1), No. 2:17-cv-00029 (M.D. Ala. Dec. 11, 2019).
- Clark v. Hood (INMATE 2), No. 2:17-cv-00429 (M.D. Ala. July 24, 2020).
- Flagg v. Trawick (INMATE 2), No. 1:17-cv-00858 (M.D. Ala. Jan. 22, 2021).
- Gladney v. Burks (INMATE 1), No. 2:18-cv-00442 (M.D. Ala. June 29, 2021).
- Dortch v. Crawford (INMATE 1), No. 2:20-cv-00293 (M.D. Ala. Mar. 31, 2023).
- Szemple v. Rutgers Univ., No. 3:19-cv-12746 (D.N.J. Mar. 25, 2020).
- Williams v. Ann Klein Forensic Ctr., No. 3:18-cv-09606, 2020 WL 614657 (D.N.J. Feb. 10, 2020).
- Willis v. Cnty. of Mercer, No. 3:21-cv-19403 (D.N.J. May 15, 2023).unpublished
- Mcgrath v. Benton<font Color=\red\">do Not Docket in This case</font>", No. 1:23-cv-13006 (D.N.J. May 1, 2024).
- Mannino v. Collins<font Color=\red\">do Not File in This case</font>", No. 1:23-cv-22373 (D.N.J. May 20, 2024).
- Glantz v. Montgomery Cnty., No. 2:22-cv-03868 (E.D. Pa. July 17, 2024).
- Thornton-Bey v. Fed. Bureau of Prisons, No. 1:22-cv-01790 (M.D. Pa. July 9, 2024).
- Satterfield v. Hicks, No. 3:19-cv-00170 (E.D. Va. Nov. 25, 2019).
- Monroe v. Rivet, No. 3:18-cv-00852 (E.D. Va. Feb. 22, 2021).
- Doherty v. Ashby, No. 3:19-cv-00420 (E.D. Va. Mar. 14, 2022).
- Jamison v. Kincaid, No. 1:21-cv-01062 (E.D. Va. Mar. 30, 2022).
- Cousins v. Blue Ridge Reg'l Jail Auth., No. 7:19-cv-00758 (W.D. Va. Feb. 4, 2020).
- Edwards v. White, No. 7:19-cv-00324 (W.D. Va. Oct. 30, 2020).
- Phillips v. Sw. VA Reg'l Jail Med. Dep't, No. 7:20-cv-00614 (W.D. Va. Dec. 28, 2020).
- Miller v. Sw. Virginia Reg'l Jail Auth.-Duffield Facility, No. 7:21-cv-00010, 2021 WL 1606469 (W.D. Va. Apr. 26, 2021).
- Holley v. McDuffie, No. 7:21-cv-00515 (W.D. Va. Feb. 22, 2023).
- Jones v. Mcdonald, No. 7:22-cv-00580 (W.D. Va. Sept. 20, 2023).
- Blackstone v. Stark, No. 1:18-cv-00910 (S.D. W. Va. May 9, 2018).
- Langley v. Dr. Charles Lye, No. 3:17-cv-03520 (S.D. W. Va. Mar. 31, 2020).
- Yanez v. Walker, No. 5:24-cv-00025 (W.D. Va. Dec. 20, 2024).
- Mitchell v. Brown, No. 4:25-cv-03878 (D.S.C. July 3, 2025).
At page 47 Limiting inmate right to medical necessity and treatment225 citing cases“we see no underlying distinction between the right to medical care for physical ills and its psychological or psychiatric counterpart.”
- Watson v. Watts, No. 1:22-cv-00308 (D. Md. Aug. 24, 2022). But see Bowring v. Godwin, 551 F.2d 44, 47 (4th Cir. 1977); see also DePaola v. Clarke, 884 F.3d 481, 486 (4th Cir. 2018) (“Courts treat an inmate’s mental health claims just as seriously as any physical health claims.”). [A prisoner] is e…
- Monchery, No. 3:24-cv-00676 (E.D. Va. Aug. 21, 2026). Wright, 766 F.2d at 849 (citations omitted); Bowring, 551 F.2d at 48 (“disavow[ing] any attempt [of the Court] to second- guess the propriety or adequacy of a particular course of treatment”); Thomas v. Martija, 991 F.3d 763, 772 (7th Cir.…
- Monchery, No. 3:24-cv-00676 (E.D. Va. Aug. 20, 2026). See Wright v. Collins, 766 F.2d 841, 849 (4th Cir. 1985) (citing Gittlemacker v. Prasse, 428 F.2d 1, 6 (3d Cir. 1970)); Bowring, 551 F.2d at 48 (“disavow[ing] any attempt [of the Court] to second- guess the propriety or adequacy of a parti…
- Clarke, No. 3:23-cv-00276 (E.D. Va. Feb. 27, 2026). Wright, 766 F.2d at 849 (citations omitted); Bowring, 551 F.2d at 48 (“disavow|in]g any attempt [of the Court] to second-guess the propriety or adequacy of a particular course of treatment”); see Thomas v. Martija, 991 F.3d 763, 772 , (7th…
- Disability Rights South Carolina v. Richland Cnty., No. 8:22-cv-01358 (D.S.C. Sept. 23, 2025). (We see no underlying distinction between the right to medical care for physical ills and its psychological or psychiatric counterpart.)
- Butler v. Richland Cnty., No. 8:22-cv-02541 (D.S.C. Mar. 24, 2025).“this circuit has consistently adhered to the prevailing view in requiring reasonable medical treatment for inmates.”
- Makdessi v. Collins, No. 7:23-cv-00049, 2024 WL 4441746 (W.D. Va. Oct. 8, 2024).“This deliberate indifference standard is not satisfied by a showing of mere negligence, a mere error of judgment or inadvertent failure to provide medical care, or mere disagreement concerning questions of medical judgment.” Germain v. Sh…
- Monzon v. Spangler, No. 7:22-cv-00161 (W.D. Va. Mar. 22, 2024). See Bowring, 551 F.2d at 48 (“[D]isavow[ing] any attempt to second-guess the propriety or adequacy of a particular course of treatment.”).
- King v. Boyd, No. 3:21-cv-00352 (E.D. Va. Nov. 15, 2023). Wright, 766 F.2d at 849 (citations omitted); Bowring, 551 F.2d at 48 (“disavow[in]g any attempt [of the Court] to second-guess the propriety or adequacy of a particular course of treatment”).
- DePriest v. Cane, No. 3:21-cv-00624 (E.D. Va. June 7, 2023). Wright, 766 F.2d at 849 (citations omitted); Bowring, 551 F.2d at 48 (“disavow|[in]g any attempt [of the Court] to second-guess the propriety or adequacy of a particular course of treatment”).
Show 188 more citing cases
- Doe 4 v. Shenandoah Valley Juv. Ctr. Comm'n, No. 5:17-cv-00097 (W.D. Va. Sept. 26, 2022).(We see no underlying distinction between the right to medical care for physical ills and its psychological or psychiatric counterpart.)
- Edwards v. White, No. 7:19-cv-00324 (W.D. Va. Mar. 14, 2022).(Federal courts, though reluctant to intervene in the daily operation of penal institutions, have required those institutions to provide adequate food, clothing and shelter for their charges. Additionally . . . , they h…)
- Riddick v. Mullins, No. 7:20-cv-00096 (W.D. Va. Sept. 29, 2021).“This deliberate indifference standard is not satisfied by a showing of mere negligence, a mere error of judgment or inadvertent failure to provide medical care, or mere disagreement concerning questions of medical judgment.” Germain v. Sh…
- Schittler v. Kilgore, No. 7:20-cv-00387 (W.D. Va. Sept. 22, 2021).“This deliberate indifference standard is not satisfied by a showing of mere negligence, a mere error of judgment or inadvertent failure to provide medical care, or mere disagreement concerning questions of medical judgment.” Germain v. Sh…
- Henderson v. Smith, No. 7:19-cv-00420 (W.D. Va. Mar. 4, 2021).“This deliberate indifference standard is not satisfied by a showing of mere negligence, a mere error of judgment or inadvertent failure to provide medical care, or mere disagreement concerning questions of medical judgment.” Germain v. Sh…
- George v. Moore, No. 7:19-cv-00631 (W.D. Va. Sept. 30, 2020).“This deliberate indifference standard is not satisfied by a showing of mere negligence, a mere error of judgment or inadvertent failure to provide medical care, or mere disagreement concerning questions of medical judgment.” Germain v. Sh…
- Hailey v. Mullins, No. 7:19-cv-00265 (W.D. Va. July 21, 2020). (The right to treatment is, of course, limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be considered merely de…)
- Sublett v. Smith, No. 7:19-cv-00391 (W.D. Va. July 8, 2020). (The right to treatment is, of course, limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be considered merely de…)
- Hall v. Smith, No. 7:19-cv-00812 (W.D. Va. Apr. 14, 2020).Estelle, 429 U.S. at 105-106 ; see also Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977) (“[T]he essential test is one of medical necessity and not simply that which may be considered merely desirable.”).
- Roscoe v. Collins, No. 7:17-cv-00494 (W.D. Va. Mar. 23, 2020).“This deliberate indifference standard is not satisfied by a showing of mere negligence, a mere error of judgment or inadvertent failure to provide medical care, or mere disagreement concerning questions of medical judgment.” Germain v. Sh…
- Griffith v. Mediko, No. 7:19-cv-00269 (W.D. Va. Feb. 28, 2020).“This deliberate indifference standard is not satisfied by a showing of mere negligence, a mere error of judgment or inadvertent failure to provide medical care, or mere disagreement concerning questions of medical judgment.” Germain v. Sh…
- Sink v. Wang, No. 7:18-cv-00350 (W.D. Va. Feb. 26, 2020).The deliberate indifference standard is not satisfied by a showing of mere negligence, a mere error of judgment or inadvertent failure to provide medical care, or mere disagreement concerning questions of medical judgment.” Germain v. Shea…
- Paul Scinto, Sr. v. Warden Stansberry, 841 F.3d 219 (4th Cir. 2016).published“this circuit has consistently adhered to the prevailing view in requiring reasonable medical treatment for inmates.”
- Clark-Murphy ex rel. Est. of Clark v. Foreback, 439 F.3d 280 (6th Cir. 2006).published (We see no underlying distinction between the right to medical care for physical ills and its psychological or psychiatric counterpart.)
- Maher v. Thomson, No. 7:21-cv-00143 (W.D. Va. July 25, 2022).Shover v. Chestnut, 798 F. App’x 760 , 761-62 (4th Cir. 2020). “[A] mere difference of opinion regarding the adequate course of [medical or psychiatric] treatment does not give rise to an Eighth Amendment violation.” U.S. v. Clawson, 650 F…
- Sink v. Wang, No. 7:18-cv-00350 (W.D. Va. Mar. 25, 2021).Godwin, 551 F.2d 44 , 48 (4th Cir. 1977) (“[T]he essential test is one of medical necessity and not simply that which may be considered merely desirable.”). □ B.
- Ferandes, No. 1:24-cv-02011 (D. Md. Mar. 24, 2026).The subjective knowledge requirement can be met through direct evidence of actual knowledge or through circumstantial evidence tending to establish such knowledge, including evidence “that a prison official knew of a substantial risk from…
- Clarke, No. 3:23-cv-00316 (E.D. Va. Jan. 5, 2026).In this regard, the right to medical treatment is limited to that treatment which is medically necessary and not to “that which may be considered merely desirable.” Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977).
- Marine v. Eves, No. 7:22-cv-00682 (W.D. Va. Sept. 18, 2025).Finally, “the essential test is one of medical necessity and not simply that which may be considered merely desirable.” Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977). 4.
- Ballard v. Kingoo, No. 1:24-cv-02763 (D. Md. Aug. 28, 2025).The right to treatment is “limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be considered merely desirable.” United States v. Claws…
- Wood v. Yancey, No. 1:23-cv-00462 (E.D. Va. Aug. 22, 2025).A prisoner’s right to medical treatment is limited to that treatment which is medically necessary and not to “that which may be considered merely desirable.” Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977).
- Carias v. North Carolina Dep't of Pub. Saf., No. 1:24-cv-00765 (M.D.N.C. Aug. 19, 2025).Under the Eighth Amendment, ‘[c]ourts treat an inmate’s mental health claims just as seriously as any physical health claims.’ DePaola v. Clarke, 884 F.3d 481, 486 (4th Cir. 2018) (citing Bowring v. Godwin, 551 F.2d 44, 47 (4th Cir. 1977)).
- Bristol v. Nurse Practitioner Olinger, No. 7:22-cv-00603 (W.D. Va. Feb. 28, 2025).A prisoner’s mental health claims are treated “just as seriously as any physical health claims.” Depaola v. Clarke, 884 F.3d 481, 486 (4th Cir. 2018) (citing Bowring v. Godwin, 551 F.2d 44, 47 (4th Cir. 1977)).
- Michael v. Givens, No. 2:24-cv-00064 (S.D. W. Va. Feb. 24, 2025).Bowring v. Godwin, 551 F.2d 44, 47-48 (4th Cir. 1977).
- Phoenix v. Herrick, No. 3:23-cv-00335 (E.D. Va. Feb. 24, 2025).In this regard, the right to medical treatment is limited to that treatment which is medically necessary and not to “that which may be considered merely desirable.” Bowring v. Godwin, 551 F.2d 44, 48 (4th Cir. 1977).
- Emge v. Yescare Corp., No. 1:23-cv-02528 (D. Md. Jan. 30, 2025).The right to treatment is “limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be considered merely desirable.” United States v. Claws…
- United States v. Lawrence J. Kidder, 869 F.2d 1328 (9th Cir. 1989).published
- Parran v. Hopkins, 873 F.2d 1440 (4th Cir. 1989).unpublished
- Michael Lay v. Stephen Norris, 876 F.2d 104 (6th Cir. 1989).unpublished
- Marilyn Greason v. Ralph Kemp, 891 F.2d 829 (11th Cir. 1990).published
- Barbara Buffington, Individually & as Pers. Rep. of the Est. of James E. Buffington, Deceased David M. Buffington, Individually v. Baltimore Cnty., Maryland, a Body Corp. & Politic Cornelius J. Behan, Individually & in His Off. Capacity as Chief of Police Donald Gaigalas, Individually & in His Off. Capacity Ronald L. Tucker, Individually & in His Off. Capacity, & Daniel Yuska, Individually & in His Off. Capacity Joseph Gribbin, Individually & in His Off. Capacity L.S. Harvey, Individually & in His Off. Capacity Kenneth W. Kramer, Individually & in His Off. Capacity William L. Maeser, Individually & in His Off. Capacity, in Re John A. Austin James G. Beach, Iii, Barbara Buffington, Individually & as Pers. Rep. of the Est. of James E. Buffington, Deceased David M. Buffington, Individually v. Baltimore Cnty., Maryland, a Body Corp. & Politic Cornelius J. Behan, Individually & in His Off. Capacity as Chief of Police Daniel Yuska, Individually & in His Off. Capacity Joseph Gribbin, Individually & in His Off. Capacity L.S. Harvey, Individually & in His Off. Capacity Donald Gaigalas, Individually & in His Off. Capacity Kenneth W. Kramer, Individually & in His Off. Capacity Ronald L. Tucker, Individually & in His Off. Capacity William L. Maeser, Individually & in His Off. Capacity, 913 F.2d 113 (4th Cir. 1990).published
- Ellen Torraco v. Michael Maloney, 923 F.2d 231 (1st Cir. 1991).published
- Seifullah v. Toombs, 940 F.2d 662 (6th Cir. 1991).unpublished
- James Ray Lowery v. Warren Young, 972 F.2d 351 (7th Cir. 1992).unpublished
- Shakka v. Smith, 28 F.3d 1210 (4th Cir. 1994).unpublished
- Barbara Doty v. Cnty. of Lassen, 37 F.3d 540 (9th Cir. 1994).published
- Riddle v. Mondragon, 83 F.3d 1197 (10th Cir. 1996).published
- Clark-Murphy v. Foreback, 439 F.3d 280 (6th Cir. 2006).published
- Ratliff v. Cohn, 693 N.E.2d 530 (Ind. 1998).published
- Robinson v. Solem, 432 N.W.2d 246 (S.D. 1988).published
- Waldrop v. Evans, 681 F. Supp. 840 (M.D. Ga. 1988).published
- Phillips v. Michigan Dep't of Corr., 731 F. Supp. 792 (W.D. Mich. 1990).published
- Madrid v. Gomez, 889 F. Supp. 1146 (N.D. Cal. 1995).published
- Vester v. Murray, 683 F. Supp. 140 (E.D. Va. 1988).published
- Price v. Dixon, 961 F. Supp. 894 (E.D.N.C. 1997).published
- Bryant v. State, 900 A.2d 227 (Md. 2006).published
- John Doe 4 v. Shenandoah Valley Juv., 985 F.3d 327 (4th Cir. 2021).published
- Dwight Hurd v. Charles Lye, No. 21-6581 (4th Cir. Dec. 15, 2021).unpublished
- Young v. Choinski, 15 F. Supp. 3d 172 (D. Conn. 2014).published
- Adams v. NaphCare, Inc., 246 F. Supp. 3d 1128 (E.D. Va. 2017).published
- State ex rel. Riley v. Rudloff, 575 S.E.2d 377 (W. Va. 2002).published
- Paul Tarashuk v. Jamie Givens, 53 F.4th 154 (4th Cir. 2022).published
- Paul Tarashuk v. Alison Harmon, No. 21-1931 (4th Cir. Nov. 8, 2022).published
- Buffington v. Baltimore Cnty., 913 F.2d 113 (4th Cir. 1990).published
- Stuart v. Pierce, 587 F. Supp. 3d 127 (D. Del. 2022).published
- Rasho v. Walker, No. 1:07-cv-01298 (C.D. Ill. June 2, 2022).
- Velasquez v. Getachew, No. 8:16-cv-01807 (D. Md. July 10, 2019).
- Jiggetts v. Spring Grove Hosp. Ctr., No. 1:18-cv-03243 (D. Md. July 11, 2019).
- Mondowney v. Baltimore Cnty. Det. Ctr., No. 1:17-cv-01538 (D. Md. July 18, 2019).
- Collins v. Baucom, No. 8:18-cv-01908 (D. Md. July 10, 2019).
- Lewis Sr. v. Bishop, No. 8:18-cv-03616 (D. Md. Aug. 27, 2019).
- Burns v. Buser, No. 1:18-cv-03100 (D. Md. Sept. 3, 2019).
- Robinson v. Wexford Health, No. 1:18-cv-02360 (D. Md. Sept. 6, 2019).
- Chase v. Wexford Health Sources, Inc, No. 1:18-cv-02182 (D. Md. Sept. 17, 2019).
- Roper v. Wexford Health Servs., Inc, No. 8:19-cv-00021 (D. Md. Oct. 2, 2019).
- Enow v. Talmadge Reeves, No. 8:17-cv-00850 (D. Md. Nov. 12, 2019).
- McManus v. Elliott, No. 1:19-cv-01402 (D. Md. Jan. 31, 2020).
- Giles v. Correct Care Solutions, No. 1:19-cv-01318 (D. Md. Jan. 29, 2020).
- Sewell v. Corcoran, No. 8:18-cv-03439 (D. Md. Feb. 10, 2020).
- Falkenstein v. Rahman, No. 8:18-cv-03715 (D. Md. Mar. 3, 2020).
- Chase v. Wexford Health Sources, Inc, No. 1:18-cv-02182 (D. Md. Apr. 20, 2020).
- Ervin v. Corizon Health, No. 1:19-cv-01666, 2020 WL 2490042 (D. Md. May 13, 2020).
- Dillard v. Ashraf, No. 1:18-cv-00094 (D. Md. June 1, 2020).
- Collins v. Warden, No. 1:18-cv-01012 (D. Md. June 5, 2020).
- Adams v. Stewart, No. 1:18-cv-03420 (D. Md. May 28, 2020).
- Tibbs v. Wexford UM, No. 8:19-cv-00613 (D. Md. June 30, 2020).
- Henson v. Bishop, No. 1:19-cv-00172 (D. Md. July 10, 2020).
- Abell v. Graham, No. 8:19-cv-02155 (D. Md. Aug. 12, 2020).
- Adams v. Wexford Health Source, No. 1:19-cv-02204 (D. Md. Aug. 28, 2020).
- Aurel v. Hallworth, No. 1:19-cv-00185 (D. Md. Sept. 10, 2020).
- Haughie v. Wexford Health Sources, Inc., No. 1:18-cv-03963, 2020 WL 5593007 (D. Md. Sept. 17, 2020).
- Smith-Bey v. Warden, No. 1:19-cv-02375 (D. Md. Aug. 6, 2020).
- Farmer v. Wexford Health Servs., Inc., No. 8:17-cv-00346 (D. Md. Oct. 30, 2020).
- Dorsey v. Bishop, No. 1:15-cv-00352 (D. Md. Nov. 10, 2020).
- Barnes v. Anderson, No. 8:20-cv-00100 (D. Md. Dec. 15, 2020).
- Mobley v. Drybola, No. 1:19-cv-03099 (D. Md. Jan. 12, 2021).
- Green v. Obsu, No. 1:19-cv-02068, 2021 WL 165135 (D. Md. Jan. 19, 2021).
- Smith v. Butler, No. 1:19-cv-03439 (D. Md. Jan. 26, 2021).
- Cason v. Corizon Health Servs., No. 8:20-cv-00692 (D. Md. Jan. 25, 2021).
- Best v. Baltimore Cnty., No. 1:18-cv-03225 (D. Md. Jan. 14, 2021).
- Gambino v. Dr. Moubarek, No. 8:17-cv-02311 (D. Md. Jan. 28, 2021).
- Gambino v. Hershberger, No. 8:17-cv-01701 (D. Md. Jan. 28, 2021).
- Harper v. Warden, No. 1:20-cv-00170 (D. Md. Feb. 12, 2021).
- Best v. Baltimore Cnty., No. 1:19-cv-02344 (D. Md. Mar. 9, 2021).
- Davis v. Prime Care, No. 1:20-cv-02690 (D. Md. Apr. 9, 2021).
- Prevatt v. Nkongchu, No. 1:19-cv-00231 (D. Md. June 23, 2021).
- Kelly v. Miller, No. 1:20-cv-02531 (D. Md. July 19, 2021).
- Moon v. Green, No. 1:20-cv-02171 (D. Md. Aug. 30, 2021).
- Patterson v. Ogunba, No. 8:19-cv-00833 (D. Md. Sept. 13, 2021).
- Cochran v. Parnardi, No. 1:20-cv-03695 (D. Md. Dec. 1, 2021).
- Knight v. Watts, No. 1:21-cv-00056 (D. Md. Jan. 6, 2022).
- Burkins v. Corizon Resident Agent, No. 1:21-cv-00629 (D. Md. Jan. 25, 2022).
- Bobbitt v. Maryland Dep't of Pub. Saf. & Corr. Servs. (DPSCS), No. 8:20-cv-00648 (D. Md. May 31, 2022).
- Mahammend v. Sergeant Neal, No. 1:21-cv-03114 (D. Md. July 22, 2022).
- Green v. Obsu, No. 1:19-cv-02068, 2022 WL 2971950 (D. Md. July 27, 2022).
- Butler v. Warden, No. 1:21-cv-00736 (D. Md. Aug. 26, 2022).
- Pevia v. Getachew, No. 1:21-cv-00751 (D. Md. Sept. 2, 2022).
- Ervin v. Corizon Health, No. 1:21-cv-02386 (D. Md. Oct. 3, 2022).
- Robinson v. Bivens, No. 1:22-cv-00473 (D. Md. Jan. 25, 2023).
- Morgan v. Sisay, No. 1:22-cv-02982 (D. Md. May 17, 2023).
- Saunders v. Corizon Health, No. 1:22-cv-02441 (D. Md. June 13, 2023).
- Parker v. Moubarek, No. 1:22-cv-01096 (D. Md. July 24, 2023).
- Floyd v. Clark, No. 1:22-cv-01058 (D. Md. July 17, 2023).
- Johnson Jr. v. Yvette, No. 1:22-cv-00067 (D. Md. Aug. 9, 2023).
- Leupolu v. Dr. Okoluku, No. 1:21-cv-01854 (D. Md. Aug. 22, 2023).
- Poole v. Roderick, No. 1:22-cv-02233 (D. Md. Aug. 15, 2023).
- Saunders v. YesCare, Corp., No. 1:22-cv-02442 (D. Md. Aug. 23, 2023).
- Mills v. Jeff Nines, No. 1:22-cv-03304 (D. Md. Nov. 8, 2023).
- Baine v. Diaz, No. 1:23-cv-00785 (D. Md. Nov. 28, 2023).
- Mills v. Carr, No. 1:23-cv-00382 (D. Md. Jan. 17, 2024).
- Mills v. Bishop, No. 1:22-cv-01512 (D. Md. Jan. 17, 2024).
- Williams v. Yes Care Corp., No. 1:23-cv-00166 (D. Md. Feb. 13, 2024).
- Abney v. Fed. Corr. Inst. McDowell, No. 1:23-cv-00027 (D. Md. May 28, 2024).
- Garner v. Walker, No. 4:21-cv-00004 (E.D. Mo. Sept. 2, 2021).
- Tucker v. Kivett, No. 1:18-cv-00897 (M.D.N.C. Dec. 16, 2019).
- Duncan v. Schatzman, No. 1:19-cv-00353 (M.D.N.C. Aug. 31, 2020).
- Lewis v. Brathwaite, No. 1:19-cv-00528 (M.D.N.C. July 15, 2020).
- Lewis v. Brathwaite, No. 1:19-cv-00528 (M.D.N.C. Nov. 3, 2021).
- Mcclary v. Bullock, No. 1:19-cv-00023 (M.D.N.C. Oct. 13, 2021).
- Lopez v. Wetzel, No. 3:21-cv-01819 (M.D. Pa. Nov. 30, 2022).
- Mathis v. Hague, No. 1:19-cv-01643 (D. Md. Jan. 9, 2020).
- Skinner v. Liller, No. 8:17-cv-03262 (D. Md. Mar. 4, 2020).
- Skinner v. Liller, No. 8:17-cv-03262 (D. Md. Mar. 19, 2021).
- Cruse v. Sanni, No. 1:22-cv-00521 (D. Md. Mar. 21, 2023).
- Aytch, Jr v. Corizon Health, Inc., No. 1:21-cv-02287 (D. Md. Mar. 9, 2023).
- Mills v. Lauren Beitzel, No. 1:22-cv-02805 (D. Md. Jan. 17, 2024).
- Mills v. Beitzel, No. 1:23-cv-01027 (D. Md. Jan. 17, 2024).
- Monroe v. Rivet, No. 3:18-cv-00852 (E.D. Va. Oct. 29, 2019).
- Oden v. Wilson, No. 3:17-cv-00489 (E.D. Va. Nov. 27, 2019).
- Hinton v. Amonette, No. 3:18-cv-00059 (E.D. Va. Mar. 12, 2020).
- Costine v. Correct Care Solutions, LLC, No. 2:19-cv-00053 (E.D. Va. May 8, 2020).
- Sebolt v. Pindelski, No. 1:17-cv-01212 (E.D. Va. Apr. 15, 2020).
- Hunter v. Rauf, No. 3:18-cv-00153 (E.D. Va. June 22, 2020).
- Jones v. Parrish, No. 3:19-cv-00310 (E.D. Va. Sept. 8, 2020).
- Tharrington v. Armor Corr. Health Care, No. 3:19-cv-00338 (E.D. Va. Oct. 7, 2020).
- Hunter v. Rauf, No. 3:18-cv-00153 (E.D. Va. Jan. 13, 2021).
- Gatlin v. Piscitelli, No. 3:20-cv-00115 (E.D. Va. Feb. 22, 2021).
- Hinton v. Amonette, No. 3:18-cv-00059, 2021 WL 279238 (E.D. Va. Jan. 27, 2021).
- Harvey v. Hobbs, No. 1:20-cv-00605 (E.D. Va. Aug. 17, 2021).
- Blackwell v. Cane, No. 3:20-cv-00286 (E.D. Va. Nov. 4, 2021).
- Metcalf v. GEO Grp., Inc., No. 3:21-cv-00177 (E.D. Va. Jan. 31, 2022).
- Metcalf v. GEO Grp., Inc., No. 3:19-cv-00842, 2022 WL 567837 (E.D. Va. Feb. 24, 2022).
- Chappelle v. Campbell, No. 1:21-cv-00863 (E.D. Va. Jan. 5, 2023).
- Wilson v. Arthur, No. 3:23-cv-00082 (E.D. Va. Mar. 14, 2023).
- Hicks v. Doyle, No. 1:20-cv-00552 (E.D. Va. Mar. 6, 2023).
- Olajuwon, Sr. v. Ofogh, No. 3:21-cv-00004 (E.D. Va. May 1, 2023).
- Dobson v. Clarke, No. 3:22-cv-00132 (E.D. Va. Aug. 9, 2023).
- Hunt v. McCabe, No. 3:21-cv-00539 (E.D. Va. Jan. 26, 2024).
- Lane v. Armor Corr. Healthcare, Inc, No. 1:22-cv-00632 (E.D. Va. Aug. 19, 2024).
- Freeman v. Wells, No. 7:17-cv-00223 (W.D. Va. July 19, 2019).
- DePaola v. Clarke, No. 7:15-cv-00403 (W.D. Va. Aug. 5, 2019).
- Treadway v. Mullins, No. 7:20-cv-00571 (W.D. Va. Sept. 20, 2021).
- McGlothlin v. Mathena, No. 7:21-cv-00377 (W.D. Va. Aug. 25, 2022).
- Aursby v. Richardson, No. 7:21-cv-00339 (W.D. Va. Sept. 6, 2022).
- Saunders v. Norman, No. 7:21-cv-00112 (W.D. Va. Sept. 7, 2022).
- Sabbats v. Clarke, No. 7:21-cv-00198 (W.D. Va. Sept. 12, 2022).
- Baker v. Ann, No. 7:22-cv-00074 (W.D. Va. Mar. 31, 2023).
- Meyers v. Ratliffe-Walker, No. 7:22-cv-00137 (W.D. Va. July 28, 2023).
- Hudgins v. Mullins, No. 7:22-cv-00170 (W.D. Va. Sept. 29, 2023).
- Lancaster v. Todd, No. 1:16-cv-00200 (N.D. W. Va. Aug. 21, 2017).
- Hawk v. Coakley, No. 5:14-cv-26395 (S.D. W. Va. Dec. 15, 2017).
- Johnson v. Wilson, No. 1:18-cv-00416 (S.D. W. Va. Mar. 29, 2019).
- Lowe v. Wexford Health Sources, Inc., No. 2:17-cv-02345 (S.D. W. Va. Sept. 20, 2021).
- Insco v. Wexford Health Sources, Inc., No. 2:19-cv-00612 (S.D. W. Va. Oct. 13, 2021).
- Phoenix v. Clarke, No. 3:23-cv-00276 (E.D. Va. Jan. 21, 2025).
- Disability Rights South Carolina v. Richland Cnty., No. 8:22-cv-01358 (D.S.C. Mar. 31, 2025).
- In re the Commitment of F.H., 610 A.2d 882 (N.J. Super. Ct. App. Div. 1992).published
- Dorsey v. Wexford Health Sources Inc., No. 1:18-cv-03304 (D. Md. Aug. 19, 2019).
- Alvarez v. Getachew, No. 1:17-cv-00141 (D. Md. May 18, 2020).
- Hughley v. Matthews, No. 1:19-cv-01950 (D. Md. Sept. 23, 2020).
- Clark v. Wexford Health Source Inc., No. 1:21-cv-00382 (D. Md. Feb. 28, 2022).
- Pollard v. Dorsey, No. 1:21-cv-00636 (D. Md. Aug. 23, 2022).
- Jenkins v. Getachew, No. 1:21-cv-02364 (D. Md. Mar. 22, 2023).
- Floyd v. Talo, No. 1:23-cv-00114 (D. Md. Nov. 30, 2023).
- Wilson v. Wexford Med. & Admin./staff at fault, No. 3:18-cv-00890 (S.D. W. Va. Aug. 19, 2019).
- Hoskins v. Corizon Health, No. 1:22-cv-00355 (D. Md. Mar. 21, 2025).
- Brewton, No. 0:25-cv-01073 (D.S.C. Mar. 12, 2026).
- Stamperd, No. 2:24-cv-00731 (S.D. W. Va. Sept. 28, 2026).
At page 46 Requiring adequate food, clothing, and shelter in prisons4 citing cases
- Leonard Campbell v. Anderson McGruder Superintendent, 580 F.2d 521 (D.C. Cir. 1978).published
- Quincy West v. Samuel Atkins Rae McNamara James B. Hunt, 815 F.2d 993 (4th Cir. 1987).published
- Carrigan v. State of Del., 957 F. Supp. 1376 (D. Del. 1997).published
- Daniels v. Delaware, 120 F. Supp. 2d 411 (D. Del. 2000).published
At page 49 Determining entitlement to treatment through evidentiary hearing1 citing case“rehabilitation is one of the primary purposes and goals of incarceration, although it is not mandated by any provision of the constitution.”
- Superintendent, No. 1:25-cv-01191 (E.D. Va. Feb. 4, 2026).“rehabilitation is one of the primary purposes and goals of incarceration, although it is not mandated by any provision of the constitution.”
v.
Mills E. GODWIN, Individually and as Governor
In pro se pleadings, petitioner, incarcerated under state law, attacked the validity of the denial of his application for parole. Inter alia, he sought psychiatric and psychological treatment to render him eligible for parole. The district court treated the action as one under 42 U.S.C. § 1983, and summarily dismissed it on the ground that petitioner had alleged no denial of any constitutional right. We reverse.
I.
Petitioner, Larry Grant Bowring, was convicted on charges of robbery, attempted robbery and kidnapping in the Circuit Court of the City of Roanoke and sentenced to prison terms of nine, five and nine years, respectively. While incarcerated in the Virginia state prison system, Bowring filed pro se pleadings, claiming the deprivation of constitutional rights secured by the Eighth and Fourteenth Amendments. He alleged that he became eligible for parole but parole was denied him by the Probation and Parole Board on three grounds: (1) the nature of the crimes he committed; (2) his work and conduct while incarcerated; and (3) the results of a psychological evaluation indicating that “Bowring would not successfully complete a parole period.” In light of the third ground, Bowring maintains that the state must provide him with psychological diagnosis and treatment in the hope that he may ultimately qualify for parole. He further maintains that the failure to provide such diagnosis and treatments constitutes “cruel and unusual punishment” and a denial of “due process of law.”
II.
Concomitant with the general philosophy that “[t]here is no iron curtain drawn between the Constitution and the prisons of this country,” Wolff v. McDonnell, 418 U.S. 539, 555-56, 94 S.Ct. 2963, 2974, 41 L.Ed.2d 935 (1974), prisoners are guaranteed the provision of life’s basic necessities for the period of their confinement. Constitutional doctrine has absorbed the common law view that “[i]t is but just that the public be required to care for the prisoner, who cannot, by reason of the deprivation of his liberty, care for himself.” Spicer [*47] v. Williamson, 191 N.C. 487, 490, 132 S.E. 291, 293 (1926). Federal courts, though reluctant to intervene in the daily operation of penal institutions, have required those institutions to provide adequate food, clothing and shelter for their charges.[1] Additionally (and most important for purposes of this appeal), they have required the provision of reasonable medical care, as needed. Estelle v. Gamble, 429 U.S. 97, 103, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); Fitzke v. Shappell, 468 F.2d 1072, 1076 (6 Cir. 1972); United States v. Fitzgerald, 151 U.S.App.D.C. 206, 466 F.2d 377, 380 n. 6 (1972); Ramsey v. Ciccone, 310 F.Supp. 600, 605 (W.D.Mo.1970). Failure or refusal to provide treatment, when indicating a “deliberate indifference to serious medical needs of prisoners” results in “the. ‘unnecessary and wanton infliction of pain,’ . proscribed by the Eighth Amendment.” Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976). Such conduct also violates the Fourteenth Amendment “due process” clause, since the failure or refusal to treat “ ‘could well result in the deprivation of life itself.’ ” Fitzke v. Shappell, 468 F.2d 1072, 1076 (6 Cir. 1972), quoting from McCollum v. Mayfield, 130 F.Supp. 112, 115 (N.D.Cal.1955). This circuit has consistently adhered to the prevailing view in requiring reasonable medical treatment. Russell v. Sheffer, 528 F.2d 318 (4 Cir. 1975); Blanks v. Cunningham, 409 F.2d 220, 221 (4 Cir. 1969); Hirons v. Director, 351 F.2d 613, 614 (4 Cir. 1965).
In the instant case, petitioner seeks psychological diagnosis and treatment. We see no underlying distinction between the right to medical care for physical ills and its psychological or psychiatric counterpart. Modern science has rejected the notion that mental or emotional disturbances are the products of afflicted souls, hence beyond the purview of counseling, medication and therapy. At least one Court of Appeals has considered psychological care in testing the constitutional validity of systemwide conditions of confinement. In Newman v. Alabama, 503 F.2d 1320 (5 Cir. 1974), cert. denied, 421 U.S. 948, 95 S.Ct. 1680, 44 L.Ed.2d 102 (1975), the Fifth Circuit criticized the Alabama penal system for substandard medical care and total disregard of personal hygiene. The court also noted that
despite an estimate . . . that approximately one-third of the inmate population suffers from mental retardation, and an assessment . . . that 60 percent of the inmates are disturbed enough to require treatment, the APS provides only nominal assistance to mentally ill inmates. ... No psychiatrists, social workers or counsellors were employed in the system. Additionally, obstreperous inmates were often placed in the general population and when finally removed, left unattended in lockup cells not equipped with restraints.
Id. at 1324. The court went on to find that the acts and omissions of the Alabama penal system constituted violations of both the Eighth and the Fourteenth Amendments. Id. at 1330.
We therefore hold that Bowring (or any other prison inmate) is entitled to psychological or psychiatric treatment if a physician or other health care provider, exercising ordinary skill and care at the time of observation, concludes with reasonable medical certainty (1) that the prisoner’s symptoms evidence a serious disease or injury; (2) that such disease or injury is curable or may be substantially alleviated; and (3) that the potential for harm to the prisoner by reason of delay or the denial of care would be substantial. The right to[*48] treatment is, of course, limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be considered merely desirable.
This limited right to treatment stems from the Eighth Amendment, whose language must be interpreted in light of “the evolving standards of decency that mark the progress of a maturing society.” Trop v. Dulles, 356 U.S. 86, 101, 78 S.Ct. 590, 598, 2 L.Ed.2d 630 (1958). It is also premised upon notions of rehabilitation and the desire to render inmates useful and productive citizens upon their release.[2]
III.
In so holding, we disavow any attempt to second-guess the propriety or adequacy of a particular course of treatment.[3] Along with all other aspects of health care, this remains a question of sound professional judgment. The courts will not intervene upon allegations of mere negligence, mistake or difference of opinion. Russell v. Sheffer, 528 F.2d 318, 319 (4 Cir. 1975); Thomas v. Pate, 493 F.2d 151, 158 (7 Cir.), cert. denied sub nom., Thomas v. Cannon, 419 U.S. 879, 95 S.Ct. 143, 42 L.Ed.2d 119 (1974); Jones v. Lockhart, 484 F.2d 1192, 1194 (8 Cir. 1973); Corby v. Conboy, 457 F.2d 251, 254 (2 Cir. 1972). For a constitutional tort to arise and for a cause of action to be stated under § 1983, the complainant must allege deliberate indifference to his continued health and well-being.
Our statements with regard to a prisoner’s right to psychological or psychiatric treatment are, of course, based on the[*49] supposition that the requisite form of mental illness does in fact exist. In the instant case, that fact is not yet established. Petitioner is therefore not yet entitled to relief. The starting point for a determination pf whether he is entitled to treatment is an evidentiary hearing in the district court to determine if the prisoner is indeed suffering from a “qualified” mental illness as we have defined it. If the answer is in the affirmative, the court shall order that appropriate action be taken by the prison authorities. We reverse the district court’s judgment and remand the case for further proceedings in accordance with what is said herein.
REVERSED AND REMANDED.
In at least five states, federal courts have ordered wholesale improvements in prison diet, sanitation, clothing supply, allocation of living space, and maintenance of physical plant. Pugh v. Locke, 406 F.Supp. 318 (M.D.Ala. 1976); Inmates of Suffolk County Jail v. Eisenstadt, 360 F.Supp. 676 (D.Mass.1973), aff'd, 494 F.2d 1196 (1 Cir. 1974), cert. denied sub nom., Hail v. Inmates of Suffolk County Jail, 419 U.S. 977, 95 S.Ct. 239, 42 L.Ed.2d 189 (1974); Gates v. Collier, 349 F.Supp. 881 (N.D.Miss.1972), aff'd, 501 F.2d 1291 (5 Cir. 1974); Collins v. Schoonfieid, 344 F.Supp. 257 (D.Md.1972); Holt v. Sarver, 309 F.Supp. 362 (E.D.Ark.1970), aff'd, 442 F.2d 304 (8 Cir. 1971).
It has been widely recognized that rehabilitation is one of the primary purposes and goals of incarceration, although it is not mandated by any provision of the Constitution. See, e. g., Pell v. Procunier, 417 U.S. 817, 823, 94 S.Ct. 2800, 41 L.Ed.2d 495 (1974); United States v. Brown, 381 U.S. 437, 458, 85 S.Ct. 1707, 14 L.Ed.2d 484 (1965); Williams v. New York, 337 U.S. 241, 248, 169 S.Ct. 1079, 93 L.Ed. 1337, rehearing denied, 337 U.S. 961, 69 S.Ct. 1529, 93 L.Ed. 1760, rehearing denied, 338 U.S. 841, 70 S.Ct. 34, 94 L.Ed. 514 (1949); Rudolph v. Alabama, 375 U.S. 889, 891, 84 S.Ct. 155, 11 L.Ed.2d 119 (Goldberg, J., dissenting); Anderson v. Nosser, 438 F.2d 183, 190 (5 Cir. 1971), modifíed on rehearing in banc, 456 F.2d 835 (1972), cert. denied, 409 U.S. 848, 93 S.Ct. 53, 34 L.Ed.2d 89 (1972); Benson v. United States, 332 F.2d 288, 292 (5 Cir. 1964); Jackson v. Bishop, 404 F.2d 571, 580 (8 Cir. 1968).
The Fifth Circuit finds that deficiencies in health care and hygiene (including the provision of nominal psychological treatment) foster inmate frustration and resentment. These emotions, in turn “thwart[s] the purported goal of rehabilitation,” and “jeopardize!» the ability of inmates to assimilate into the population at large when ultimately released.” Newman v. Alabama, 503 F.2d 1320, 1333 (5 Cir. 1974), cert., denied, 421 U.S. 948, 95 S.Ct. 1680, 44 L.Ed.2d 102 (1975). We agree with this proposition and note that it takes on added meaning when psychological illness (arguably traced to a failure or refusal to treat) becomes the ground for the denial of release itself (i. e., parole).
Although it is possible to categorize some forms of mental illness, diagnosis remains “an extremely subjective art.” In addition, psychiatrists themselves differ on the underlying theories (hence methodologies) of treatment. See Developments in the Law — Civil Commitment, 87 Harv.L.Rev. 1190 1335 nn. 84-85 (1974). We note that in the civil commitment process (where treatment is often the reason for confinement rather than its byproduct), at least one district court has utilized this uncertainty to reject a constitutionally based right to treatment. Burnham v. Dep’t of Public Health of the State of Georgia, 349 F.Supp. 1335, 1341-43 (N.D.Ga.1972), rev’d, 503 F.2d 1319 (5 Cir. 1974), cert. denied sub nom., Dep’t of Human Resources of Georgia v. Burnham, 422 U.S. 1057, 95 S.Ct. 2680, 45 L.Ed.2d 709 (1975). The district court opinion was subsequently reversed by the Fifth Circuit on the authority of its decision in Donaldson v. O'Connor. The latter decision, in turn, was vacated and remanded by the Supreme Court. Donaldson v. O’Connor, 493 F.2d 507 (5 Cir. 1974), vacated and remanded, 422 U.S. 563, 95 S.Ct. 2486, 45 L.Ed.2d 396 (1975).
Since the instant appeal deals with criminal incarceration, we express no opinion on the related issue of treatment in cases of civil commitment. However, we note our fundamental disagreement with the approach taken by the district court in Burnham. Although courts are ill-equipped to prescribe the techniques of treatment, this does not alter the fact that in many cases treatment is obviously called for and is available in some form. In such cases, the state cannot arbitrarily refuse to provide relief. The exact contours of relief should be left to the sound discretion of experts in the field.