The opinion of the court was delivered by: Arthur D. Spatt, United States District Judge
The defendant is currently an inmate at the Federal Correctional
Institution in Fort Dix, New Jersey having been sentenced on September
28, 2001 to 63 months for conspiracy to commit extortion,
18 U.S.C. § 1951. Presently before the Court is an application by the
defendant for an order allowing him to receive dental implant treatment
from his treating dentist outside the correctional facility on a
"furlough". This will necessitate 4 to 6 visits to the dentist over a
period of approximately 6 weeks. The defendant offers to pay for all of
the expenses of the trips to the dentist and the additional expenses for
the United States Marshals who must accompany him.
The Court denies the application for the following reasons. First, the
Court does not have jurisdiction to direct such medical treatment. See
United States v. Goldman, No. 97-81, 1998 WL 906662, at *1 (S.D.N.Y.
Dec. 29, 1998) ("The question of appropriate medical care for a prisoner
is entrusted to the judgment of the Bureau of Prisons. This Court does
not have the jurisdiction to enter the type of order the defendant
seeks."); United States v. Gigante, No. 02-140, 2002 WL 720347, at *4
(E.D.N.Y. Mar. 12, 2002) (holding that the Court did not have
jurisdiction to grant the furlough for medical treatment). Cf. Estelle
v. Gamble, 429 U.S. 97, 103, 97 S.Ct. 285, 290 (1976) ("An inmate must
rely on prison authorities to treat his medical needs. . . .").
Second, even if the Court had jurisdiction to direct the dental
treatment in this case, the Court would not grant such relief.
Significantly, the defendant is not a good candidate for "furlough" based
upon his conviction and previous record. See Gigante, 2002 WL 720347, at
*4 (finding that the defendant is a poor furlough candidate because he
cannot be expected to "honor the trust to be imposed in him").
Presently, the defendant stands convicted of conspiracy to commit
extortion and is in the early period of a 63 month term of imprisonment.
In addition, his prior criminal record displays a history of violence. He
has been convicted on three previous occasions and has been arrested
fourteen times for an assortment of crimes including attempted murder,
assault and RICO-related offenses.
In conclusion, the Court notes that the Eighth Amendment to the United
States Constitution applies to prison officials when they are
deliberately indifferent to the serious medical needs of an inmate. See
Estelle, 429 U.S. at 103, 97 S.Ct. at 290. On the other hand, in the
Court's view, the facts in this case do not amount to the level of
deliberate indifference that would support such a cause of action.
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