Inmates asserting deliberate indifference to their medical needs by prison officials can avail themselves of a doctrine that extends the time in which to file suit, a federal appeals court has ruled. The U.S. Court of Appeals for the Second Circuit held for the first time that the "continuing violation doctrine" can be applied to claims of medical indifference under the Eighth Amendment. Judges Dennis Jacobs and Rosemary Pooler decided the appeal. Judge Sonia Sotomayor was on the panel initially, but did not participate in the decision. Judge Pooler wrote for the court. Judge Jacobs penned a concurrence to convey he did not think much of appellant Jose J. Shomo's claim.
August 17, 2009 at 12:00 AM
1 minute read
INMATES asserting deliberate indifference to their medical needs by prison officials can avail themselves of a doctrine that extends the time in which to file suit, a federal appeals court has ruled.
The U.S. Court of Appeals for the Second Circuit held for the first time that the “continuing violation doctrine” can be applied to claims of medical indifference under the Eighth Amendment in Shomo v. City of New York, 07-1208-cv.
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