(DOWNLOAD) "Rick Clemens v. State Idaho" by Court of Appeals of Idaho No. 16439 " Book PDF Kindle ePub Free
eBook details
- Title: Rick Clemens v. State Idaho
- Author : Court of Appeals of Idaho No. 16439
- Release Date : January 04, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This is an appeal from dismissal of a petition for habeas corpus. The sole issue is whether the petitioner, an inmate at the Idaho State Correctional Institution (ISCI), has been denied adequate medical care, resulting in cruel and unusual punishment within the meaning of the Eighth Amendment to the United States Constitution. Upon the record presented, we hold that an Eighth Amendment violation has not been established. The facts set forth in the petition and adduced in the proceedings below, when viewed in the best light to the petitioner, are as follows. Rick Clemens requested the ISCI medical staff to provide treatment for a condition known as strabismus or lazy eye. He was referred to a private ophthalmologist under contract with the prison. The ophthalmologist examined Clemens and diagnosed his condition. The doctor told Clemens that he could undergo elective surgery in an attempt to correct the eye problem, but the surgery might not be fully successful. The doctor also advised Clemens that he could suffer double vision for some time after an operation. Despite the ophthalmologist's caveat, Clemens elected to have the surgery. The operation produced cosmetic improvement; unfortunately, it also resulted in double vision. The resultant eye strain produced headaches. Upon reexamination, the ophthalmologist told Clemens that his symptoms eventually should improve. If they did not, further surgery could put his eyes back the way they were.
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