23-c-6 Right to Dental Care

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

23-C-6. Right to Dental Care

The right to adequate medical care has been extended to include dental care in some cases.¹⁴⁵ The Second Circuit has held that a "claim regarding inadequate dental care, like one involving medical care, can be based on various factors, such as the pain suffered by the plaintiff, ... the deterioration of the teeth due to a lack of treatment, ... or the inability to engage in normal activities."¹⁴⁶ Recently, because of a federal class action lawsuit, the California Department of Corrections and Rehabilitation ("CDCR") agreed to provide dental care for all prisoners.¹⁴⁷

Like inadequate medical care, dental care is also governed by the deliberate indifference/serious needs analysis.¹⁴⁸ To prove an Eighth Amendment claim of inadequate dental care, you have to show both deliberate indifference, like in other inadequate medical care claims,¹⁴⁹and that the denial caused you "substantial harm."¹⁵⁰

In practice, courts often note that there is a difference between preventive dental care, such as cleanings or fluoride treatments, and dental emergencies, such as cavities. In Dean v. Coughlin, the court held that prison officials had violated the Eighth Amendment when they refused to provide serious dental treatments such as fillings and crowns.¹⁵¹ However, the court also found that prisoners had no right to preventive care.¹⁵² If you are interested in preventive care, it is constitutional...