Legal Question in Civil Rights Law in Georgia

Medical care while incarcerated

My son was sentenced for posession of cocaine after a probation violation. He was sentenced to the Bainbridge Probation Substance abuse center. He has since age 15 suffered from Obsessive Compulsive Disorder. He has been denied a doctor prescribed specific medication for this disorder. The judge in the case declared on the court record that my son would have to learn to live with the disorder. Probation makes no effort to give relief. Is it legal to sentence and then deny specific medication to an inmate.


Asked on 4/07/03, 9:50 pm

1 Answer from Attorneys
Keith Reisman Reisman Law

Re: Medical care while incarcerated

The issue you raise in your question is very complex and needs expert attention. I am not that expert, so you should seek assistance from one who is. I suggest that you contact legal aid in your area. Click this link to find a directory of legal aid providers: http://legalaid-ga.org/

In a nutshell: The Eighth Amendment to the United States Constitution prevents cruel and unusual punishments. The intentional failure to provide inmates with adequate medical care and tend to their medical needs can be a violation of the Eighth Amendment. Whether it is or not in your case is the legal question I cannot answer. Good luck with you and your son.

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 4/08/03, 10:03 am


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