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__NOTOC__ ''Estelle v. Gamble'', , was a case in which the Supreme Court of the United States established the standard of what a prisoner must plead in order to claim a violation of Eighth Amendment rights under 42 U.S.C. § 1983. Specifically, the Court held that a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs. Though the Court credited Gamble's complaint that doctors had failed to provide appropriate care, it held that medical malpractice did not rise to the level of "cruel and unusual punishment" simply because the victim is a prisoner. ==History== J. W. Gamble was a state prisoner within the Texas Department of Corrections who was given a prison labor assignment loading and unloading cotton bales from a truck. On November 9, 1973, he injured his back when a cotton bale fell on him. Over the next three months, he complained of back and chest pains, was subject to administrative segregation for refusing to work, and ultimately was treated for an irregular heartbeat. On February 11, 1974, Gamble initiated his lawsuit ''pro se'' by submitting a handwritten document. The Court found for the defendant because it viewed his failure to receive proper medical care as "inadvertent". The case nevertheless established the principle that the deliberate and failure of prison authorities to address the medical needs of an inmate constitutes "cruel and unusual punishment". It held that "deliberate indifference to serious medical needs of prisoners constitutes the 'unnecessary and wanton infliction of pain'...proscribed by the Eighth Amendment." 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Estelle v. Gamble」の詳細全文を読む スポンサード リンク
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