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Judge Dismisses Inmate's Request for HIV Test as FrivolousSeptember 14, 2001 Federal Judge Milton I. Shadur has dismissed as frivolous an Illinois inmate's request for an HIV test. Robert J. Scoggins filed the complaint in the US District Court, Eastern Division, saying he had "engaged in sexual activity with someone who may be HIV-positive." Shadur said the only recourse for a federal court was to determine whether the plaintiff was receiving unconstitutional "cruel and unusual punishment." Although the Eighth Amendment protects prisoners from indifference to serious injury or medical need, Shadur said Scoggins had failed to show the presence of such indifference. The complaint also failed, the judge said, in that Scoggins needed to show that an official knew the risk of injury was substantial and failed to take reasonable action to prevent it. Back to other CDC news for September 14, 2001 AIDS Policy and Law 08.31.01  This article was provided by U.S. Centers for Disease Control and Prevention. It is a part of the publication CDC HIV/Hepatitis/STD/TB Prevention News Update. Visit the CDC's website to find out more about their activities, publications and services.
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