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Prisoner's Action Affirmed Against North Carolina DOC For Negligence Leading To Amputation
Medley's leg was amputated after alleged negligence by physician John Stanley. He brought action pursuant to the North Carolina Tort Claims Act (Act). The DOC motioned for summary judgment dismissal because Stanley was an independent contractor and not subject to the Act. Dismissal was granted and Medley appealed arguing that the DOC had a statutory duty to provide him adequate medical care and the court reversed the dismissal. The DOC appealed.
The Supreme Court of North Carolina held that since the federal Cruel and Unusual Punishment clause required the DOC to provide adequate medical care to prisoners, the State's clause imposed at least the same duty if not greater. See: Medley v. North Carolina Department of Correction, 330 N.C. 837, 412 S.E.2d 654 (1992).
Related legal case
Medley v. North Carolina Department of Correction
| Year | 1992 |
|---|---|
| Cite | 330 N.C. 837, 412 S.E.2d 654 (1992) |
| Level | State Supreme Court |
| Injunction Status | N/A |
