© 2009 American Public Health Association DOI: 10.2105/AJPH.2009.168112
The author is with the National Prison Project of the American Civil Liberties Foundation, Washington, DC. Correspondence: Correspondence should be sent to: Gabriel B. Eber, JD, MPH, 915 15th St., NW, 7th Floor, Washington, DC 20005 (e-mail: geber@npp-aclu.org). Reprints can be ordered at http://www.ajph.org by clicking the "Reprints/Eprints" link.
Wilper et al.1 analyzed survey data and concluded that many prisoners and detainees with serious, chronic physical and mental illnesses fail to receive health care while incarcerated. The Supreme Court has held that the Eighth Amendment's prohibition against cruel and unusual punishment requires the government to provide health care to prisoners,2 but has clarified that officials may be held liable for failing to provide adequate health care only if they are aware of, yet disregard, a "substantial risk of serious harm ... by failing to take reasonable measures to abate it."3
Attorneys and judges have devoted countless pages of legal
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