Legal Opinion · Dissent

Faraday v. Commissioner of Correction

Connecticut Appellate Court

Decided April 18, 2006No. AC 26340Published

1DissentSchalter, J.

The majority affirms the habeas court’s oral ruling in which it determined that the respondent, the commissioner of correction, acted with deliberate indifference to the medical needs of the petitioner, William Faraday, in refusing to arrange the medical evaluation sought by the petitioner. I respectfully disagree because I believe that the court’s findings and conclusions were unsupported by any evidence.

In order to grant habeas relief to a prisoner on the basis of deliberate indifference to inmate health or safety, the petitioner bears the burden of establishing both aspects of his claim.…

2Cases cited4 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Hathaway v. CoughlinCourt of Appeals for the Second Circuit · 1996
  3. Hemmings v. GorczykCourt of Appeals for the Second Circuit · 1998
  4. Fuller v. Commissioner of CorrectionConnecticut Appellate Court · 2003

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