CASE 14.3
A South Carolina inmate serving a twenty-five-year sentence for second-degree murder was recently diagnosed as HIV-positive. He had argued for years that he should be tested and believed the correctional facility did very little to accommodate this request. Given this information, answer the following questions.
-Following the above decision, the inmate's lawyer cited the case of Hope v. Pelzer, which ruled that:

Question

Quizplus · Accepted Answer

The citation of Hope v. Pelzer suggests that correctional officials who knowingly violate an inmate's Eighth Amendment rights, including the right to receive adequate medical care, can be held liable for damages. Therefore, the inmate may have grounds for seeking legal action against the correctional facility for failing to accommodate his request for HIV testing. Option A is incorrect because it is only one example of what could constitute cruel and unusual punishment. Option C is incorrect because releasing or reducing the sentence of an inmate whose rights are violated is not an automatic remedy. Option D is incorrect because there is no indication that the inmate should receive special privileges, and this suggestion may not be justified by the facts of the case.

CASE 14.3 A South Carolina Inmate Serving a Twenty-Five-Year Sentence for Second-Degree