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Kentucky death row inmate loses lawsuit to force surgery for degenerative hip
By greenfieldreporter.com- Brett Barrouquere
Published: 09/09/2014

LOUISVILLE, Kentucky — A federal judge has turned away a request from Kentucky death row inmate to force the state to find somewhere to perform a $56,000 hip replacement surgery after concluding officials put forth an effort to accommodate the inmate's medical needs.

U.S. Magistrate Judge Edward B. Atkins on Friday rejected 57-year-old Robert Foley's claims that state sabotaged the attempts to find a hospital and surgeon and the inability to find a hospital amounted to unconstitutional cruel and unusual punishment.

"At worst, the (state's) efforts to secure a venue willing to perform surgery on Foley amount to an inadvertent failure to provide medical care, which is insufficient to establish a violation of the Eighth Amendment," Atkins wrote.

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