ICJI 1270

ICJI 1270 INHUMANE TREATMENT OF PRISONER

In order for the defendant to be guilty of Inhumane Treatment of a Prisoner, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] while acting as a public officer

4. willfully treated [name of victim]

5. a prisoner under the defendant's care or custody

6. in an inhumane or oppressive manner.

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. � 18-704.

Under the Eighth Amendment of the United States Constitution, prison officials are required to provide humane conditions of confinement, including adequate food, clothing, shelter, and medical care for inmates and taking reasonable measures to guarantee their safety. Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).

Inflicting unnecessary suffering on a prisoner by failing to treat his medical needs is inconsistent with contemporary standards of decency and violates the Eighth Amendment of the United States Constitution. Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976).