REYNOLDS v. WAGNER

No. 96-1810.

128 F.3d 166 (1997)

Richard REYNOLDS; David Borrell; Rolando Felix; Julio Aracho; Robert Santillo; Kurt Mihalski; Luis Santiago-Alvarado; Jesus Deleon, And These Similarly Situated Individuals, Appellants, v. George WAGNER, Warden, Director Of Penna. Institutional Health Services Inc.; Carl Hoffman, Jr., Supervisor Of Penna. Institutional Health Services; Carol Colburn, Washington Legal, Amicus-Appellee.

United States Court of Appeals, Third Circuit.

Decided October 22, 1997.


Attorney(s) appearing for the Case

Jules Epstein (Argued), Kairys, Rudovsky, Kalman, Epstein & Messing, Philadelphia, PA, Angus R. Love, (Argued), Pennsylvania Institutional Law Project, Philadelphia, PA, for Appellants.

Donald E. Wieand, Jr. (Argued), Stevens & Lee, Lehigh Valley, PA, for Appellee.

Daniel J. Popeo, Paul D. Kamenar, Washington Legal Foundation, Washington, DC, Amicus-Appellee.

Before: GREENBERG, ALITO, and ROSENN, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge.

Several years ago, the Berks County Prison instituted a "fee-for-service" policy under which it began charging inmates a small fee when they sought health care. Under this policy, indigent inmates are guaranteed care, but their prison accounts are debited for the relevant charges. In this appeal, we consider constitutional challenges to this policy.

I.

A. The following facts are uncontested or...

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