Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
18 Pennsylvania opinions name it 1 courts 2003–2025 7 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kretchmar v. Commonwealth, Department of Correctionsgreen2 sentences2023“The deliberate indifference standard contains both an objective element and a subjective element.” Kretchmar v. Dep’t of Corr., 831 A.2d 793, 798 (Pa. Cmwlth. 2003). 2021“The deliberate indifference standard contains both an objective element and a subjective element.” Kretchmar, 831 A.2d at 798 . | 4 | 5 |
Inmates of the Allegheny County Jail v. Piercegreen2 sentences2025Courts will ‘disavow any attempt to second-guess the propriety or adequacy of a particular course of treatment . . . (which) remains a question of sound professional judgment.’” Inmates of the Allegheny C[nty.] Jail v. Pierce, 612 F.2d 754 , 762 (3d Cir. 1979) (citations omitted). 2020Courts will ‘disavow any attempt to second-guess the propriety or adequacy of a particular course of treatment . . . (which) remains a question of sound professional judgment.’” Inmates of the Allegheny [Cty.] Jail v. Pierce, 612 F.2d 754 , 762 (3d Cir. 1979) (citations omitted). | 2 | 4 |
Alexander v. Weinergreen2 sentences2025Pesce, 355 F. Supp. 3d at 48 [quoting Alexander v. Weiner, 841 F. Supp. 2d 486, 493 (D. 2022Id. at 48 (quoting Alexander v. Weiner, 841 F. Supp. 2d 486, 493 (D. | 2 | 2 |
Anthony Swain v. Daniel Juniorgreen2 sentences2024See Swain v. Junior, 961 F.3d 1276, 1289 (11th Cir. 2020) (“We simply cannot conclude that, when faced with a perfect storm of a contagious virus and the space constraints inherent in a correctional facility, the defendants here acted unreasonably by ‘doing their best.’”). 2023See Swain v. Junior, 961 F.3d 1276, 1289 (11th Cir. 2020) (“We simply cannot conclude that, when faced with a perfect storm of a contagious virus and the space constraints inherent in a correctional facility, the defendants here acted unreasonably by ‘doing their best.’”). | 2 | 2 |
Farmer v. Brennangreen2 sentences2017The subjective element of a deliberate indifference claim requires prison personnel to have acted with a “sufficiently culpable state of mind.” Id. (internal quotation marks omitted). 2017The subjective element of a deliberate indifference claim requires prison personnel to have acted with a “sufficiently culpable state of mind.” Id. (internal quotation marks omitted). | 1 | 4 |
Neely v. Department of Correctionsgreen1 sentence2021(Pa. Cmwlth., No. 311 M.D. 2013, filed Mar. 18, 2014),8 slip op. at 6; see also Neely v. Dep’t of Corr., 838 A.2d 16 , 20 n.6 (Pa. Cmwlth. 2003). “[W]here the failure to treat a prisoner’s condition could result in further significant injury or the unnecessary and wanton infliction of pain,” a serious medical condition exists and the first prong of the deliberate indifference standard is met. | 1 | 1 |
Pennsylvania State Lodge, Fraternal Order of Police v. Commonwealth, Department of Conservation & Natural Resourcesgreen1 sentence2018In reviewing an order sustaining preliminary objections, we are mindful that “it must appear with certainty that the law will not permit recovery, and, where any doubt exists as to whether the preliminary objections should be sustained, the doubt must be resolved in favor of overruling the preliminary objections.” Pennsylvania State Lodge, Fraternal Order of Police v. Commonwealth of Pennsylvania, Department of Conservation and Natural Resources, 909 A.2d 413, 416 (Pa. Cmwlth. 2006). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tindell v. Department of Corrections
green
2 sentences2021Relying on Farmer v. Brennan, this Court has held that to demonstrate deliberate indifference to medical needs, an inmate must establish that: “(i) the prison official knew of and disregarded an excessive risk to inmate health or safety; (ii) the prison official was aware of facts 5 from which an inference could be drawn that a substantial risk of serious harm exists; and (iii) the prison official drew the inference.” Id. 2021Whether a prison official’s actions meet the deliberate indifference standard is a subjective inquiry “requiring the demonstration of a state of mind akin to criminal recklessness.” Tindell, 87 A.3d at 1039 . | 2 | 2017–2021 |
Perry v. Roy
green
2 sentences2022Id. at 48 (quoting Alexander v. Weiner, 841 F. Supp. 2d 486, 493 (D. 2022The subjective prong of the deliberate indifference standard, the court observed, requires a plaintiff to demonstrate “intent or wanton disregard when providing inadequate care.” Id. (citing Perry, 782 F.3d at 79 ). | 1 | 2022–2022 |
Robert A. Gaudreault v. Municipality of Salem, Massachusetts
green
1 sentence2022The subjective prong of the deliberate indifference standard, the court observed, requires a plaintiff to demonstrate “intent or wanton disregard when providing inadequate care.” Id. (citing Perry, 782 F.3d at 79 ). | 1 | 2022–2022 |
Mark A. Campbell v. Kevin Kallas
green
1 sentence2020As for [the prisoner’s] requests for electrolysis[, i.e., permanent facial hair removal,] and makeup, our cases offer no indication that denying arguably nonmedical cosmetic accommodations violates the Eighth Amendment. 936 F.3d at 549 . | 1 | 2020–2020 |
Wilson v. Seiter
green
2 sentences2014In Wilson v. Seiter, 501 U.S. 294 , 111 S.Ct. 2321 , 115 L.Ed.2d 271 (1991), a case addressing claims that prison conditions constituted cruel and unusual punishment, the Court stated: The source of the intent requirement is not the predilections of this Court, but the Eighth Amendment itself, which bans only cruel and unusual punishment. 2014In Wilson v. Seiter, 501 U.S. 294 , 111 S.Ct. 2321 , 115 L.Ed.2d 271 (1991), a case addressing claims that prison conditions constituted cruel and unusual punishment, the Court stated: The source of the intent requirement is not the predilections of this Court, but the Eighth Amendment itself, which bans only cruel and unusual punishment. | 1 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.