This comment examines the impact of the Ninth Circuit‘s holding in medical neglect cases and whether the Second Circuit made an error. To examine this issue, it must first be understood what the factual and legal background is concerning each case, the detainee‘s medical rights and the types of actions they can bring against government employees. After examining the law, the Second Circuit‘s holding is then compared with the Ninth Circuit‘s holding. Finally, this comment argues why the Supreme Court should affirm the Ninth Circuit‘s holding.
"Remedies for Detainees: The Impact of the Ninth Circuit's Decision on Medical Negligence Cases,"
University of Massachusetts Law Review: Vol. 5
, Article 8.
Available at: http://scholarship.law.umassd.edu/umlr/vol5/iss1/8