No. 20-8276

Joel Barcelona v. Mark S. Inch, Secretary, Florida Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-06-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment administrative-refusal civil-rights constitutional-rights deliberate-indifference disability-accommodation due-process healthcare-access medical-needs medical-rights statutory-rights
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2021-09-27
Question Presented (from Petition)

CRUEL and UNUSUAL PUNISHMENT, amend. VIII.
WHETHER THE RESPONDENTS, JULIE L. JONES, et al., as medical officials violated a statutory or constitutional rights that was clearly established at the time the alleged violation took place in 2014 when the respondents, Julie L. Jones, et al., as medical officials failed to address petitioner's serious medical needs prescribed by an audiologist, Dr. A. Zinnaman in violation of the Eighth Amendment's proscription against cruel and unusual punishment, amend. VIII.

WHETHER a SIGNIFICANT and SUBSTANTIAL HEARING LOSS in ONE EAR THAT LEADS TO an audiologist, Dr. A. Zinnaman TO PRESCRIBE a HEARING AID a MEDICALLY DEVICE a REMEDY FOR a HEARING LOSS in ONE EAR CAN PRESENT an OBJECTIVELY SERIOUS MEDICAL NEEDS?

WHETHER THE RESPONDENTS, JULIE L. JONES, et al., as non-medical officials WERE ACTING WITHIN THE SCOPE OF THEIR DISCRETIONARY AUTHORITY WHEN THEY REFUSED TO AUTHORIZE PAYMENTS FOR a HEARING AID a MEDICALLY DEVICE a REMEDY FOR a HEARING LOSS in ONE EAR prescribed by an audiologist, DR. A. Zinnaman TO TREAT a HEARING LOSS OF PETITIONER'S RIGHT EAR?

Question Presented (AI Summary)

Whether the respondents acted with deliberate indifference when they refused to authorize payments for a hearing aid, a medically necessary device to remedy a hearing loss in the petitioner's right ear as prescribed by an audiologist, in violation of the Eighth Amendment's prohibition against cruel and unusual punishment

Docket Entries

2021-10-04
Petition DENIED.
2021-07-22
DISTRIBUTED for Conference of 9/27/2021.
2021-07-15
Waiver of right of respondent Secretary, Fla. Dept. of Corrections, et al. to respond filed.
2021-06-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 12, 2021)

Attorneys

Joel Barcelona
Joel Barcelona — Petitioner
Secretary, Fla. Dept. of Corrections, et al.
Donna M KrusbeBilling, Cochran, Lyles, Mauro, and Ramsey, Respondent