Cotis v. Osafo

In section 1983 action by plaintiff-prisoner alleging that defendants-prison officials were deliberately indifferent to his medical needs, Dist. Ct. erred in submitting to jury elements instruction that suggested that plaintiff was required to prove that defendants violated his right to be free from cruel and unusual punishment since: (1) cruel and unusual punishment was not independent element of plaintiff's deliberate indifference claim; and (2) said instruction served to confuse jury into thinking that plaintiff needed to show that defendants affirmatively punished him by withholding medical services. Instant elements instruction also wrongly required plaintiff to prove that he "suffered damage" in order to establish his liability claim.