F. Winslow v. Prison Health Servs., 406 F. App'x 671 (3rd Cir. 2011). · Go Syfert
F. Winslow v. Prison Health Servs., 406 F. App'x 671 (3rd Cir. 2011). Cases Citing This Book View Copy Cite
77 citation events (77 in the last 25 years) across 15 distinct courts.
Strongest positive: Shannon McKeiver v. Superintendent Rivello, et al. (pamd, 2025-10-15)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Shannon McKeiver v. Superintendent Rivello, et al.
M.D. Penn. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
he complaint's allegation that winslow was harmed by "policies to save money" is exceedingly conclusory. . . . he naked assertion that defendants considered cost in treating winslow's hernia does not suffice to state a claim for deliberate indifference.
examined Cited as authority (verbatim quote) GEORGES v. GALDHI (2×)
D.N.J. · 2024 · signal: see · quote attribution · 2 verbatim quotes · confidence high
risoners do not have a constitutional right to limitless medical care . . . .
discussed Cited as authority (verbatim quote) Hempstead v. Parker (PSLC2)
E.D. Tenn. · 2023 · quote attribution · 1 verbatim quote · confidence high
risoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.
discussed Cited as authority (verbatim quote) Plunkett v. Armor Correctional Health Services, Inc.
N.D. Okla. · 2022 · quote attribution · 1 verbatim quote · confidence high
the naked assertion that defendants considered cost in treating hernia does not suffice to state a claim for deliberate indifference . . .
discussed Cited as authority (rule) Alphonso Sanders v. Dr. Prince, et al.
M.D. Penn. · 2025 · confidence medium
Sanders would like to undergo an MRI and receive a walking cane; | however, he “does not have a constitutional right to unlimited medical care of his choosing, free from all considerations of cost.” Winslow v. Prison Health Servs., 406 F. App’x 671, 675-76 (3d Cir. 2011). | Second, in order to sustain his Eighth Amendment claims against the non- | medical DOC defendants, Sanders must ailege that they had “reason to believe | or (actual knowledge)” that the medical staff were “mistreating (or not treating)” | him.
discussed Cited as authority (rule) Lucas Guggenheimer v. Wellpath, LLC
M.D. Penn. · 2025 · confidence medium
General allegations that a prison medical provider had an incentive to save money, or to consider costs in providing health care, do not state a constitutional claim. , 406 F. App’x 671, 674 (3d Cir. 2011) (“[T]he complaint’s allegation that Winslow was harmed by ‘policies to save money’ is exceedingly conclusory; the complaint does not provide any indication [of] what the relevant policies are [or] what basis he has for thinking that ‘policies to save money’ affected his medical treatment.”); , 128 F.3d 166 , 175 (3d Cir. 1997) (“[T]he deliberate indifference standard . . . …
discussed Cited as authority (rule) (PC) Sarukhanyan v. Berry
E.D. Cal. · 2025 · confidence medium
See Holden v. Hagopian, 978 F.2d 1115, 1121 (9th Cir. 28 1992); see also Sims v. Wexford Health Sources, 635 F. App’x 16, 20 (3d Cir. 2015) (summarily 1 | affirming dismissal of Monell claims against prison medical contractor where plaintiff's 2 | “complaint stated that Wexford had an open practice, policy, or custom of deliberate indifference 3 | in order to save money” and “[h]is statement of facts merely repeated this”); Winslow v. Prison 4 | Health Services, 406 F. App’x 671, 674-75 (3d Cir. 2011) (allegation that plaintiff was harmed by 5 | “policies to save money” is conc…
discussed Cited as authority (rule) Barnett v. Regalado
N.D. Okla. · 2025 · confidence medium
Further, “[t]he naked assertion that [Skousen] considered cost in treating [Barnett’s] hernia does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.” Id. at 592 (quoting Winslow v. Prison Health Services, 406 F. App’x 671, 674 (3d Cir. 2011)).
discussed Cited as authority (rule) Jackson v. Labosky
M.D. Penn. · 2025 · confidence medium
Although their dental care (regarding a “post crown”) may have been constrained by DOC policy, Jackson “does not have a constitutional right to unlimited medical care of his choosing, free from all considerations of cost.” Winslow v. Prison Health Servs., 406 F. App’x 671, 675-76 (3d Cir. 2011).
discussed Cited as authority (rule) VELEZ-SANTIAGO v. ARAMARK CORRECTIONAL SERVICES
E.D. Pa. · 2025 · confidence medium
See Sims, 635 F. App’x at 20 (summarily affirming dismissal of Monell claims against prison medical contractor where plaintiff’s “complaint stated that Wexford had an open practice, policy, or custom of deliberate indifference in order to save money” and “[h]is statement of facts merely repeated this”); Winslow v. Prison Health Services, 406 F. App’x 671, 674-75 (3d Cir. 2011) (allegation that plaintiff was harmed by “policies to save money” is conclusory); Haar v. CFG Health Servs., LLC, No. 22-7595, 2024 WL 4880349 , at *6 (D.N.J.
discussed Cited as authority (rule) PAGLIAROLI v. NEW JERSEY DEPARTMENT OF CORRECTIONS
D.N.J. · 2025 · confidence medium
Prison Health Servs., 406 F. App’x 671, 674-75 (3d Cir. 2011) (citing Monmouth County Corr.
discussed Cited as authority (rule) Goddard v. Centurian Medical Dept.
D. Del. · 2025 · confidence medium
As explained above, the Court is not considering these exhibits in ruling on the motion to dismiss. “[P]risoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.” Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011).
discussed Cited as authority (rule) Brown v. Does
M.D. Fla. · 2025 · confidence medium
Ga. Sept. 24, 2010) (“conclusory and unsupported allegations [are] insufficient to state a viable cause of action under 42 U.S.C. § 1983”); Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011) (“[T]he naked assertion that Defendants considered cost in treating [Plaintiff's] hernia does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive 1 As discussed above, the suit against Sheriff Chronister in his official capacity i…
discussed Cited as authority (rule) Estelle v. Schmidt
W.D. Mich. · 2025 · confidence medium
As noted above, “[i]f a prisoner has received some medical attention and the dispute is over the adequacy of the treatment, federal courts are generally reluctant to second guess medical judgments and to constitutionalize claims which sound in state tort law.” Westlake, 537 F.2d at 860 n.5. “[P]risoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.” Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011) (citations omitted); see Reynolds v. Wagner, 128 F.3d 166, 175 (3d Cir.…
discussed Cited as authority (rule) PAGLIAROLI v. AHSAN
D.N.J. · 2024 · confidence medium
Although the denial of medical care based on a non-medical factor, such as cost, may violate the Eighth Amendment, see Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011); Monmouth Cty.
discussed Cited as authority (rule) Simon v. Smith
M.D. Penn. · 2024 · confidence medium
“It is well-established that allegations of a defendant’s consideration of costs associated with treating a prisoner-plaintiff’s non-emergency medical condition does not state a claim of deliberate indifference, as prisoners ‘do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.’” Lanza, 2018 WL 3060030 , at *9 (quoting Winslow v. Prison Health Servs., 406 Fed.Appx. 671, 674 (3d Cir. 2011)). understands his claim as follows: The SCI-Dallas medical staff interpreted Simon’s refusal to eat cert…
discussed Cited as authority (rule) Davis 368425 v. Brown (2×)
W.D. Mich. · 2024 · confidence medium
The Constitution may be “violated when [costs] are considered to the exclusion of reasonable medical judgment about inmate health,” Roe v. Elyea, 631 F.3d 843, 863 (7th Cir. 2011) (emphasis omitted); however, “prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.” Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011) (citations omitted); see Reynolds v. Wagner, 128 F.3d 166, 175 (3d Cir. 1997) (“[T]he deliberate indifference standard of Estelle does not guarantee priso…
discussed Cited as authority (rule) ZEHRING v. SORBER
E.D. Pa. · 2024 · confidence medium
To the contrary, in Winslow v. Prison Health Services, an inmate plaintiff alleged that Prison Health Services (“PHS”) was deliberately indifferent when it declined to order surgery because of alleged financial considerations. 406 Fed.
discussed Cited as authority (rule) Orcasitas v. Ko
S.D. Cal. · 2022 · confidence medium
Pa. Apr. 10, 7 2006)); and then citing Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 8 2011) (determining allegation that a doctor treated plaintiff with a hernia belt rather than 9 surgery based on the cost of surgery was insufficient to state a claim of deliberate 10 indifference because “the naked assertion that Defendants considered cost in treating 11 [plaintiff’s] hernia does not suffice to state a claim for deliberate indifference as prisoners 12 do not have a constitutional right to limitless medical care, free of the cost constraints 13 under which law-abiding …
cited Cited as authority (rule) Plutt v. Armor Correctional Health Services, Inc.
D. Colo. · 2022 · confidence medium
Id. (citing Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011) (unpublished)).
discussed Cited as authority (rule) PRESBURY v. CORRECT CARE SOLUTION INC.
E.D. Pa. · 2022 · confidence medium
If Mr. Presbury choses to amend his complaint, he must adequately plead a cost saving policy supported by allegations “either of (1) what the relevant policies are, (2) what basis he has for thinking that policies to save money affected his medical treatment, or (3) what specific treatment he was denied as a result of these policies.” Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011). 60 In re Burlington Coat Factory Sec.
discussed Cited as authority (rule) Ocampo v. Noel (2×)
M.D. Penn. · 2022 · confidence medium
For example, in Winslow Prison Health Servs., the Court of Appeals for the Third Circuit in a non-precedential opinion determined that prison doctors did not act with deliberate indifference to prisoner's medical 21 needs by not recommending surgery for the treatment of the prisoner's hernia and instead prescribing a hernia belt, even though the prison doctors considered the cost of the prisoner's treatment in declining to order surgery. 406 Fed.Appx. 671, 675 (3d Cir. 2011).
examined Cited as authority (rule) DAVIS v. WETZEL (3×) also: Cited "see"
M.D. Penn. · 2021 · confidence medium
However, “prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.” Winslow v. Prison Health Serv., 406 F. App'x 671, 674 (3d Cir. 2011) (citing Reynolds v. Wagner, 128 F.3d 166, 175 (3d Cir. 1997)).
discussed Cited as authority (rule) BALAS v. STANISH
M.D. Penn. · 2021 · confidence medium
See Brown v. Beard, 453 F. Appx 453, 455 (3d Cir. 2011) (disagreements regarding how to treat reducible hernia does not establish an Eighth Amendment violation); Rodriguez v. Sec’y of the Commonwealth, 441 F. App’x 919, 923-24 (3d Cir. 2011) (no finding of deliberate indifference where plaintiff was treated for his hernia by medical staff, but not in the manner the prisoner would have preferred); Winslow v. Prison Health Servs., 406 F. App’x 671, 675 (3d Cir. 2011) (same).
discussed Cited as authority (rule) NGUIEN v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS
W.D. Pa. · 2021 · confidence medium
The “naked assertion that Defendants considered cost in treating [Nguien] does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizen receive treatment.” Winslow v. Prison Health Servs., 406 F. App’x 671, 674-75 (3d Cir. 2011).
discussed Cited as authority (rule) Scott v. Baldauf
M.D. Penn. · 2021 · confidence medium
Moreover, prisoners “do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.” Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011).
discussed Cited as authority (rule) SANKO v. LANIGAN
D.N.J. · 2021 · confidence medium
However, a “naked assertion that Defendants considered cost...does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.” Winslow v. Prison Health Servs., 406 F. App'x 671, 674 (3d Cir. 2011) (citing Reynolds v. Wagner, 128 F.3d 166, 175 (3d Cir. 1997) (“[T]he deliberate indifference standard of Estelle does not guarantee prisoners the right to be entirely free from the cost considerations that figure in the medical-care decisions…
discussed Cited as authority (rule) Grove v. Ohio Department of Rehabilitation and Correction (ODRC)
S.D. Ohio · 2021 · confidence medium
Ohio June 15, 2020) (citing Winslow v. Prison Health Serv., 406 F. App'x 671, 674 (3d Cir. 2011) (“[T]he naked assertion that Defendants considered cost in treating [the inmate's condition] does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.”)); see also Hendricks v. Kasich, No. 2:12- CV-729, 2014 WL 2006800 , at *11-12 (S.D.
discussed Cited as authority (rule) Willard v. Ohio Department of Rehabilitation and Correction
S.D. Ohio · 2019 · confidence medium
Winslow v. Prison Health Serv., 406 F. App’x 671, 674 (3d Cir. 2011) (“[T]he naked assertion that Defendants considered cost in treating [the inmate’s condition] does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.”); Reynolds v. Wagner, 128 F.3d 166, 175 (3d Cir. 1997) (“[T]he deliberate indifference standard of [Estelle v. Gamble, 429 U.S. 97 (1976)] does not guarantee prisoners the right to be entirely free from the c…
examined Cited as authority (rule) Cowher v. Pike County Correctional Facility (3×) also: Cited "see"
M.D. Penn. · 2019 · confidence medium
However, “prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.” Winslow v. Prison Health Serv., 406 F. App’x 671, 674 (3d Cir. 2011) (citing Reynolds v. Wagner, 128 F.3d 166, 175 (3d Cir. 1997).6 Here, the record contains some evidence that PrimeCare considered cost in deciding not to provide Cowher’s surgery.
discussed Cited as authority (rule) Swan v. Physician Health Partners, Inc.
D. Colo. · 2016 · confidence medium
The court found persuasive the Third Circuit’s decision in Winslow v. Prison Health Services: “the naked assertion that Defendants considered cost in treating [an inmate’s] hernia does not suf■fice to state a claim for deliberate indifference.” Id. (quoting 406 Fed.Appx. 671, 674 (3d Cir. 2011)).
discussed Cited as authority (rule) Sherman v. Klenke
10th Cir. · 2016 · confidence medium
And regardless, we find persuasive the Third Circuit’s decision in Winslow v. Prison Health Services: “The naked assertion that Defendants considered cost in treating [an inmate’s] hernia does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.” 406 Fed.Appx. 671, 674 (3d Cir.2011) (unpublished).
discussed Cited as authority (rule) Gannaway v. Prime Care Medical, Inc.
E.D. Pa. · 2015 · confidence medium
Feb. 9, 2007) (“[I]t is not a constitutional violation for prison authorities to consider the cost implications of various procedures, which inevitably may result in various tests or procedures being deferred unless absolutely necessary.’’), cited with approval in Winslow v. Prison Health Servs., 406 Fed.Appx. 671, 674-75 (3d Cir.2011) (nonprecedential).
cited Cited "see" Mokshefski v. Smith
M.D. Penn. · 2024 · signal: see · confidence high
See Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011) (nonprecedential); Monmouth Cnty.
discussed Cited "see" PLUMMER v. WELLPATH
W.D. Pa. · 2023 · signal: see · confidence high
See Winslow v. Prison Health Services, 406 F. App'x 671, 674 (3d Cir. 2011) (“[T]he naked assertion that Defendants considered cost in treating [plaintiff's] hernia does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law- abiding citizens receive treatment.”); Sanders v. Centurion, LLC, No. CV 22-826-RGA, 2022 WL 17092346 , at *4 (D.
cited Cited "see" PAGLIAROLI v. NEW JERSEY DEPARTMENT OF CORRECTIONS
D.N.J. · 2022 · signal: see · confidence high
See Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011); Monmouth Cty.
discussed Cited "see" Lee v. Turn Key Health Clinics, LLC
N.D. Okla. · 2020 · signal: see · confidence high
See Sherman v. Klenke, 653 F. App’x 580, 593 (10th Cir. 2016) (citing Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011)).7 Therein, the Third Circuit indicated that, to plausibly allege a cost-saving policy that was the moving force behind the constitutional violation, a plaintiff must allege “(1) what the relevant policies are, (2) what basis [plaintiff] has for thinking that policies to save money affected his medical treatment, [and] (3) what specific treatment he was denied as a result of these policies.” Prince v. Turn Key Health Clinics, LLC, No. 18-CV-0282-CV…
discussed Cited "see, e.g." Sutton v. Wriggelsworth
W.D. Mich. · 2024 · signal: see also · confidence medium
Even though it appears that Plaintiff desires treatment by an outside provider, “a desire for additional or different treatment does not suffice by itself to support an Eighth Amendment claim.” Mitchell, 553 F. App’x at 605 ; see also Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011) (noting that “prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment”).
cited Cited "see, e.g." Higdon 615995 v. Whitmer
W.D. Mich. · 2023 · signal: see, e.g. · confidence low
See, e.g., Winslow v. Prison Health Services, 406 Fed.
discussed Cited "see, e.g." Sanders v. Centurion, LLC
D. Del. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Winslow v. Prison Health Services, 406 F. App’x 671, 674-75 (3d Cir. 2011) (“[T]he naked assertion that Defendants considered cost in treating [plaintiff's] hernia does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment.”).
cited Cited "see, e.g." BUTLER v. SISSEM
W.D. Pa. · 2022 · signal: see, e.g. · confidence medium
See, e.g., Winslow v. Prison Health Services, 406 Fed.
discussed Cited "see, e.g." TILLERY v. DR. RONALD PHILLIPS
E.D. Pa. · 2020 · signal: compare · confidence medium
Compare Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011) (allegation that inmate “was harmed by ‘policies to save money’” was “exceedingly conclusory” where the complaint did not “provide any indication either of (1) what the relevant policies are, (2) what basis [the inmate had] for thinking that ‘policies to save money’ affected his medical treatment, or (3) what specific treatment he was denied as a result of these policies”).
cited Cited "see, e.g." Coverdale v. Conley
S.D. Ohio · 2020 · signal: see, e.g. · confidence low
See, e.g., Winslow v. Prison Health Servs., 406 Fed.
discussed Cited "see, e.g." Perryman v. Wilson
N.D. Tex. · 2020 · signal: see also · confidence medium
Tex. Nov. 21, 2018); see also Winslow v. Prison Health Servs., 406 F. App’x 671, 674 (3d Cir. 2011) (“The naked assertion that Defendants considered cost in treating [inmate’s condition] does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment”) (citation omitted).
discussed Cited "see, e.g." Collins 182427 v. Rhodes
W.D. Mich. · 2019 · signal: see, e.g. · confidence low
See, e.g., Winslow v. Prison Health Serv., 406 F. App’x 671 (3rd Cir. 2011) (prison doctors did not act with deliberate indifference to prisoner’s medical needs by deciding to forego surgery in treatment of prisoner’s hernia, even though doctors considered the cost of the procedure in declining surgery, where the prisoner’s hernia was not strangulated or incarcerated and the doctor stated that the standard treatment for an inguinal hernia was non-surgical, and that with proper treatment the hernia could heal without surgical intervention); Palazon v. Sec. for Dep’t of Corr., 361 F. A…
cited Cited "see, e.g." CROWE v. MAXA
W.D. Pa. · 2019 · signal: see, e.g. · confidence medium
See, e.g., Winslow v. Prison Health Services, 406 Fed.
Retrieving the full opinion text from the archive…
F. Scott WINSLOW, Appellant
v.
PRISON HEALTH SERVICES (PHS); (PA) Jennifer Porta; Dr. Renato Diaz, (MD); Stanley Standish, (MD)
10-1728.
Court of Appeals for the Third Circuit.
Jan 20, 2011.
406 F. App'x 671
David E. Heisler, Esq., Lenahan & Dempsey, Scranton, PA, for Appellant., Alan S. Gold, Esq., Gold & Ferrante, Jenkintown, PA, for Prison Health Services.
Scirica, Barry, Vanaskie.
Cited by 51 opinions  |  Unpublished

OPINION

BARRY, Circuit Judge.

F. Scott Winslow sued Prison Health Services (“PHS”) and several of its employees, alleging that he received constitutionally inadequate medical treatment for a hernia while incarcerated at SCI-Retreat, a Pennsylvania state prison. The District Court dismissed part of Winslow’s case on Defendants’ motion to dismiss and disposed of the remainder on Defendants’ motion for summary judgment. Winslow appeals both decisions. We will affirm.

I. Background [1]

A. Facts Prior to February 22, 2008

On August 19, 2007, while working at SCI-Retreat, Winslow felt a “pop” and later noticed a lump in his groin. Eight days later, after treating himself with Ibuprofen, he reported to the medical staff. He was instructed to return the following day, and on August 28, 2007, he was examined by Defendant Jennifer Porta, a physician’s assistant.

Porta diagnosed Winslow with a left inguinal hernia. While she believed that the hernia was reducible, she could not confirm this belief, as there was inadequate space for Winslow to recline. She prescribed Motrin, instructed him to avoid strenuous activity, and told him to sign up for sick call if his symptoms worsened.

On September 7, 2007, a prison nurse evaluated Winslow before he was to be placed in the Restricted Housing Unit (“RHU”). The nurse found no reason that he could not be placed in the RHU, and the nurse’s notes are silent regarding pain or Winslow’s hernia.

Several months elapsed before Winslow again sought treatment pertaining to the hernia. Indeed, when he was examined by Defendant Dr. Renato Diaz on January 14, 2008, for complications relating to his asthma, Winslow made no mention of his hernia. He did not again seek treatment for his hernia until January 18, 2008, when Porta saw him, confirmed that the hernia was reducible, and scheduled an examination with Defendant Dr. Stanley Stanish, sued here as Dr. Standish.

Dr. Stanish saw Winslow on January 28, 2008. His notes from that visit indicate that “since there is no evidence of incarceration or strangulation and when there is some drop thru there is a reduction, there is no need for surgical repair at this time.” (App.49.) Dr. Stanish prescribed Motrin, various restrictions on physical activity, and a hernia belt, noting that “[i]t is not what he wants but may be all he needs” and that “[b]y exam he is not in need of anything further.” (Id. 50.) According to Winslow’s deposition, Dr. Stanish informed him that “if you were on the street most HMOs and care facilities, they wouldn’t address this situation [because][*673] it’s too costly.” (Id, 140) Winslow further stated that Dr. Stanish “went into some spiel about, you know, they don’t do that anymore and the management healthcare and the costs.” (Id.)

Winslow returned to pick up his hernia belt on January 28, 2008. The available belt was too large, however, and so another was ordered. Before receiving his belt, Winslow was examined by Dr. Diaz on February 11, 2008. Dr. Diaz agreed that the hernia was reducible, and so he prescribed Motrin and ordered a scrotal support. Winslow was seen by Porta on February 19, 2008, as he was complaining of pain in the left groin and difficulty with bowel movements. Porta prescribed Motrin and Metamucil. Three days later, on February 22, 2008, Winslow received his hernia belt.

B. Facts After the Issuance of the Hernia Belt

Because the District Court dismissed Winslow’s claims arising after he was issued a hernia belt on Defendants’ motion to dismiss, it considered only the complaint’s allegations pertaining to this period, the relevant portions of which are excerpted below:

Following my family contacting the medical department I was finally issued a hernia belt that does nothing for the severe pain that I am in constantly.
The Defendants in this case specifically told me that they would not do anything for me until I was either being “strangled to death” or the hernia moves into my scrotum.
Prison Health Services policies to save money and other policies are the direct and proximate cause of the deliberate indifference to my serious medical needs that I am being forced to endure.

(Id. 44.)

C. Procedural History

Winslow filed suit on April 28, 2008, proceeding pro se. Defendants moved to dismiss, and on October 23, 2008, the District Court dismissed the complaint to the extent it raised claims after February 22, 2008, the date on which Winslow received his hernia belt.

After the partial denial of Defendants’ motion, the District Court appointed counsel on Winslow’s behalf. Following discovery, Defendants moved for summary judgment, and the Court granted the motion on February 12, 2010. Winslow timely appealed.

III. Discussion

A. Applicable Law

The Eighth Amendment’s prohibition of cruel and unusual punishment requires prison officials to provide basic medical treatment to inmates. See Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). Critically, however, “a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment,” and so “malpractice does not become a constitutional violation merely because the victim is a prisoner.” Id. at 106, 97 S.Ct. 285. Rather, a constitutional violation requires “deliberate indifference,” which may be manifested by “intentionally denying or delaying access to medical care or intentionally interfering with the treatment once prescribed.” Id. at 104-05, 97 S.Ct. 285 (footnote omitted). “[A]s long as a physician exercises professional judgment his behavior will not violate a prisoner’s constitutional rights.” Brown v. Bor [*674] ough of Chambersburg, 903 F.2d 274, 278 (3d Cir.1990).

A. Motion to Dismiss: Claims After February 22, 2008

1. Standard of Review

A court may only grant a Rule 12(b)(6) motion where the plaintiff fails to plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A litigant’s pro se status requires a court to construe the allegations in the complaint liberally. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007).

2. Analysis

Defendants moved to dismiss Winslow’s complaint in its entirety, arguing that the allegations did not support a claim of deliberate indifference. The District Court agreed only in part, finding that once Win-slow was issued a hernia belt, his claim became one of medical negligence, rather than indifference. In other words, the Court reasoned, while the complaint contained a plausible claim that Winslow was denied medical care outright prior to the issuance of the hernia belt, once he was issued the belt, he had pleaded no facts suggesting that Defendants “kn[ew] of and disregard[ed] an excessive risk to inmate health or safety.” See Farmer v. Brennan, 511 U.S. 825, 837, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994). Rather, the Court explained, “Plaintiff may not agree with the treatment he is receiving, but that disagreement alone does not give rise to an Eighth Amendment claim.” (App.13)

Winslow argues on appeal that he did sufficiently plead deliberate indifference following the issuance of the hernia belt, as the decision to treat his hernia with a belt instead of with surgery was improperly motivated by non-medical factors, principally cost. As noted above, the complaint alleged that Winslow was harmed by DHS “policies to save money,” (id. 44), and the denial of medical care, when based on non-medical factors, may violate the Eighth Amendment. See Monmouth County Corr. Inst. Inmates v. Lanzaro, 834 F.2d 326, 346 (3d Cir.1987) (“If necessary medical treatment is delayed for non-medical reasons, a case of deliberate indifference has been made out.” (internal quotation marks and alterations omitted)). Nevertheless, the District Court correctly ruled that Winslow had failed to state a claim.

For one thing, the complaint’s allegation that Winslow was harmed by “policies to save money” is exceedingly conclusory; the complaint does not provide any indication either of (1) what the relevant policies are, (2) what basis he has for thinking that “policies to save money” affected his medical treatment, or (3) what specific treatment he was denied as a result of these policies. More fundamentally, the naked assertion that Defendants considered cost in treating Winslow’s hernia does not suffice to state a claim for deliberate indifference, as prisoners do not have a constitutional right to limitless medical care, free of the cost constraints under which law-abiding citizens receive treatment. See Reynolds v. Wagner, 128 F.3d 166, 175 (3d Cir.1997) (“[T]he deliberate indifference standard of Estelle does not guarantee prisoners the right to be entirely free from the cost considerations that figure in the medical-care decisions made by most non-prisoners in our society.”); Johnson v. Doughty, 433 F.3d 1001, 1013 (7th Cir. 2006) (“The cost of treatment alternatives is a factor in determining what constitutes adequate, minimum-level medical care, but medical personnel cannot simply resort to an easier course of treatment that they know is ineffective.” (citations omitted)); Caines v. Hendricks, No. 05-1701, 2007 WL 496876, at *8 (D.N.J. Feb. 9, 2007) (“[I]t is not a constitutional violation for[*675] prison authorities to consider the cost implications of various procedures, which inevitably may result in various tests or procedures being deferred unless absolutely necessary.”).

Thus, because the complaint pleaded only that Winslow was subjectively dissatisfied with his medical treatment and alleged in the most conclusory terms that Defendants considered cost in providing his care, the District Court properly dismissed his claims arising after he was issued a hernia belt.

B. Motion for Summary Judgment: Claims Before February 22,

2008

1. Standard of Review

We review a district court’s grant of summary judgment de novo, viewing the underlying facts in the light most favorable to the party opposing the motion. Pa. Coal Ass’n v. Babbitt, 63 F.3d 231, 236 (3d Cir.1995). A district court’s grant of summary judgment is proper only if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a).

2. Analysis

The District Court ruled that the evidence pertaining to the period between August 27, 2007, when Winslow first complained of hernia symptoms, and February 22, 2008, when he was issued a hernia belt, could not support a finding of deliberate indifference. Specifically, it noted that after first complaining of hernia symptoms, Winslow did not again seek medical care for the hernia until January 18, 2008. It also noted that each time that Winslow sought treatment for the hernia in 2008, he received treatment. Though the Court recognized that Winslow wanted his hernia to be treated surgically, it concluded that disagreement with a medical decision that the medical provider subjectively perceives to be reasonable does not give rise to a constitutional claim.

On appeal, Winslow returns to the argument that Defendants’ refusal to order surgery was improperly influenced by non-medical factors. Thus, he relies on Dr. Diaz’s alleged statement — made after the initiation of this litigation — that “we’re not doing nothing for you” because it “costs too much money.” (App.149). He also points to Dr. Stanish’s comment that if Winslow were not incarcerated, many HMOs would decline to cover this procedure. (Id. 140.)

Winslow is correct that there is some record evidence suggesting that Defendants considered the cost of his treatment, among other factors, in declining to order surgery. Yet the record is equally clear that Dr. Diaz and Dr. Stanish did not focus exclusively or even predominantly on cost and that the treatment that they ordered was consistent with their professional judgment. According to Porta, “Standard medical treatment for a reducible hernia would be pain relief, as well as monitoring, and just generally, you know, precautions, safety precautions as far as lifting goes.” (Id. 90.) Dr. Stanish explained that he did not order surgery because Winslow’s hernia was not strangulated or incarcerated, and thus that it could heal with a more conservative treatment. Finally, Dr. Diaz testified that the standard treatment for an inguinal hernia was non-surgical, and that with proper treatment, a hernia could heal without surgical intervention. Winslow challenges all of these statements, even offering an expert report contending that hernias generally require surgery. Yet even if those persons who treated Winslow are incorrect about certain medical facts, negligence does not demonstrate a deliberate indifference to Winslow’s medical needs. As noted above, moreover, Winslow does not have a[*676] constitutional right to unlimited medical care of his choosing, free from all considerations of cost. Accordingly, the District Court appropriately granted summary judgment to Defendants for claims arising prior to the issuance of a hernia belt. [2]

III. Conclusion

We will affirm the orders of the District Court.

1

. The District Court had jurisdiction under 28 U.S.C. § 1331, and we have jurisdiction under 28 U.S.C. § 1291.

2

. The District Court granted summary judgment to PHS on the additional ground that Winslow had failed to point to a specific practice or policy responsible for his mistreatment. Winslow does not challenge this holding on appeal.