Bowring v. Godwin

551 F.2d 44
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 18, 1977
DocketNo. 75-2084
StatusPublished
Cited by494 cases

This text of 551 F.2d 44 (Bowring v. Godwin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowring v. Godwin, 551 F.2d 44 (4th Cir. 1977).

Opinion

WINTER, Circuit Judge:

In pro se pleadings, petitioner, incarcerated under state law, attacked the validity of the denial of his application for parole. Inter alia, he sought psychiatric and psychological treatment to render him eligible for parole. The district court treated the action as one under 42 U.S.C. § 1983, and summarily dismissed it on the ground that petitioner had alleged no denial of any constitutional right. We reverse.

I.

Petitioner, Larry Grant Bowring, was convicted on charges of robbery, attempted robbery and kidnapping in the Circuit Court of the City of Roanoke and sentenced to prison terms of nine, five and nine years, respectively. While incarcerated in the Virginia state prison system, Bowring filed pro se pleadings, claiming the deprivation of constitutional rights secured by the Eighth and Fourteenth Amendments. He alleged that he became eligible for parole but parole was denied him by the Probation and Parole Board on three grounds: (1) the nature of the crimes he committed; (2) his work and conduct while incarcerated; and (3) the results of a psychological evaluation indicating that “Bowring would not successfully complete a parole period.” In light of the third ground, Bowring maintains that the state must provide him with psychological diagnosis and treatment in the hope that he may ultimately qualify for parole. He further maintains that the failure to provide such diagnosis and treatments constitutes “cruel and unusual punishment” and a denial of “due process of law.”

II.

Concomitant with the general philosophy that “[t]here is no iron curtain drawn between the Constitution and the prisons of this country,” Wolff v. McDonnell, 418 U.S. 539, 555-56, 94 S.Ct. 2963, 2974, 41 L.Ed.2d 935 (1974), prisoners are guaranteed the provision of life’s basic necessities for the period of their confinement. Constitutional doctrine has absorbed the common law view that “[i]t is but just that the public be required to care for the prisoner, who cannot, by reason of the deprivation of his liberty, care for himself.” Spicer [47]*47v. Williamson, 191 N.C. 487, 490, 132 S.E. 291, 293 (1926). Federal courts, though reluctant to intervene in the daily operation of penal institutions, have required those institutions to provide adequate food, clothing and shelter for their charges.1 Additionally (and most important for purposes of this appeal), they have required the provision of reasonable medical care, as needed. Estelle v. Gamble, 429 U.S. 97, 103, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); Fitzke v. Shappell, 468 F.2d 1072, 1076 (6 Cir. 1972); United States v. Fitzgerald, 151 U.S.App.D.C. 206, 466 F.2d 377, 380 n. 6 (1972); Ramsey v. Ciccone, 310 F.Supp. 600, 605 (W.D.Mo.1970). Failure or refusal to provide treatment, when indicating a “deliberate indifference to serious medical needs of prisoners” results in “the. ‘unnecessary and wanton infliction of pain,’ . proscribed by the Eighth Amendment.” Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976). Such conduct also violates the Fourteenth Amendment “due process” clause, since the failure or refusal to treat “ ‘could well result in the deprivation of life itself.’ ” Fitzke v. Shappell, 468 F.2d 1072, 1076 (6 Cir. 1972), quoting from McCollum v. Mayfield, 130 F.Supp. 112, 115 (N.D.Cal.1955). This circuit has consistently adhered to the prevailing view in requiring reasonable medical treatment. Russell v. Sheffer, 528 F.2d 318 (4 Cir. 1975); Blanks v. Cunningham, 409 F.2d 220, 221 (4 Cir. 1969); Hirons v. Director, 351 F.2d 613, 614 (4 Cir. 1965).

In the instant case, petitioner seeks psychological diagnosis and treatment. We see no underlying distinction between the right to medical care for physical ills and its psychological or psychiatric counterpart. Modern science has rejected the notion that mental or emotional disturbances are the products of afflicted souls, hence beyond the purview of counseling, medication and therapy. At least one Court of Appeals has considered psychological care in testing the constitutional validity of systemwide conditions of confinement. In Newman v. Alabama, 503 F.2d 1320 (5 Cir. 1974), cert. denied, 421 U.S. 948, 95 S.Ct. 1680, 44 L.Ed.2d 102 (1975), the Fifth Circuit criticized the Alabama penal system for substandard medical care and total disregard of personal hygiene. The court also noted that

despite an estimate . . . that approximately one-third of the inmate population suffers from mental retardation, and an assessment . . . that 60 percent of the inmates are disturbed enough to require treatment, the APS provides only nominal assistance to mentally ill inmates. ... No psychiatrists, social workers or counsellors were employed in the system. Additionally, obstreperous inmates were often placed in the general population and when finally removed, left unattended in lockup cells not equipped with restraints.

Id. at 1324. The court went on to find that the acts and omissions of the Alabama penal system constituted violations of both the Eighth and the Fourteenth Amendments. Id. at 1330.

We therefore hold that Bowring (or any other prison inmate) is entitled to psychological or psychiatric treatment if a physician or other health care provider, exercising ordinary skill and care at the time of observation, concludes with reasonable medical certainty (1) that the prisoner’s symptoms evidence a serious disease or injury; (2) that such disease or injury is curable or may be substantially alleviated; and (3) that the potential for harm to the prisoner by reason of delay or the denial of care would be substantial. The right to [48]*48treatment is, of course, limited to that which may be provided upon a reasonable cost and time basis and the essential test is one of medical necessity and not simply that which may be considered merely desirable.

This limited right to treatment stems from the Eighth Amendment, whose language must be interpreted in light of “the evolving standards of decency that mark the progress of a maturing society.” Trop v. Dulles, 356 U.S. 86, 101, 78 S.Ct. 590, 598, 2 L.Ed.2d 630 (1958). It is also premised upon notions of rehabilitation and the desire to render inmates useful and productive citizens upon their release.2

III.

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Bluebook (online)
551 F.2d 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowring-v-godwin-ca4-1977.