Jerry Flanory was an involuntary resident at Michigan’s Newberry Correctional Facility. The Classification director told him that he had to take a GED class. He told the director that he already had a GED from Sarvis Educational Center and an AA degree from Montcalm Community College. The institution refused to confirm his information. When Flanory refused to go to GED classes he was placed on restriction. As part of his restriction he was not allowed to participate in the Indigent Program. Without participating in the Indigent Program he was unable to buy toothpaste for 337 days. After he was readmitted to the Indigent Program he was diagnosed with a periodontal gum disease and he had to have a tooth extracted.

He sued for a violation of his Eighth Amendment right against cruel and unusual punishment. The District Court threw out his case for failure to state a cause of action. The Sixth Circuit reversed the lower court decision finding that Flanory stated a cause of action under the Eighth Amendment.

The Eighth Amendment prohibit prison authorities from “unnecessarily and wantonly inflicting pain by acting with deliberate indifference to inmate’s serious medical needs.” the court had little problem finding that Flanory’s medical needs were serious. It points that he was in considerable pain and that he had to have a tooth extracted.

But Flanory also had to show that the authorities acted with deliberate indifference to his medical needs. It is insufficient to show negligence. But in this case the knowing refusal to provide toothpaste met the test and the District Court’s decision was reversed.