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Federal judge rules prison ignored inmate's dental pain
By Associated Press
Published: 02/02/2004

A federal judge has found that New Hampshire prison staff abused an inmate by denying him dental treatment and ordered immediate treatment, regardless of cost.
A prison spokesman and the state's lawyer said last Wednesday the prison had arranged further treatment, but the inmate refused it.
Magistrate James Muirhead ruled lsat Tuesday that the prison violated the constitutional prohibition against cruel and unusual punishment in the case of Gerald Tvelia, 23, of Seabrook.
Muirhead also found that prison officers, medical staff or both lied to cover up their failure to keep a dental appointment for Tvelia, and that prison officials' decision to delay his treatment for budget reasons was constitutionally unacceptable.
Muirhead gave the prison 10 days to file any objections to his order. The state hasn't decided whether to object, Assistant Attorney General Nancy Smith said last Wednesday, but the prison had arranged treatment for Tvelia even before Muirhead's order, she said.
The prison had been treating Tvelia, but turned down his request to see an outside specialist at the state's expense, prison spokesman Jeff Lyons said.
Tvelia was sentenced in January 2003 to serve one to three years for theft. He will be eligible for parole July 30.
The officers, Muirhead ruled "were not only aware of his pain and were deliberately indifferent, their attitude was barbaric and intentionally cruel.


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