Petition of the day

By Maureen Johnston
on Dec 16, 2014 at 10:15 pm

The petition of the day is:

Issue: (1) Whether prison officials sued under 42 U.S.C. § 1983 for violating the Eighth Amendment may evade a finding of deliberate indifference by raising the defense that state-imposed budgetary constraints prevented the provision of constitutionally adequate medical care; and (2) whether the Eighth Amendment supports a distinction between the subjective element required for a finding of deliberate indifference in a claim for injunctive relief, and that required for an award of damages.