LEGAL MEMORANDUM ASSIGNMENT=20 points (20% of Final Grade)
To: Paralegal
From: Senior Attorney
Client, Ray Thomson, is currently serving a term of ten years in a federal prison for bank robbery. Thomson has carpal tunnel syndrome in both hands, which is a serious condition in which there is pressure on a nerve in the wrist that causes pain and numbness in the hands.
A team of three prison doctors meets with Thomson every two weeks. These doctors have given Thomson over-the-counter pain medication for relief of his intermittent pain and have treated him with hand and wrist splints. The doctors have stated that if the splints are not successful, they will consider surgery in the future, but they believe surgery is premature at this time. Although many doctors believe surgery should be the first choice for treatment of carpal tunnel syndrome, others believe splints should be tried prior to surgery. Thomson contends that he should be prescribed Vicodin, a prescription drug, for his pain and that he should undergo surgery.
Thomson has asked us whether the denial of his desired medication and surgery constitute cruel and unusual punishment in violation of the Eighth Amendment to the U.S. Constitution.
Prepare a memorandum for the senior attorney relating to this matter. The memorandum should be no more than eight pages in length and should be double-spaced. Use Bluebook or ALWD citation form. Do not restrict your research to the law of any one federal district or federal circuit.