Legal Opinion

Victoria W. v. Larpenter

Court of Appeals for the Fifth Circuit

Decided April 30, 2004No. 02-30598PublishedCited by 142 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This suit has its genesis in the tension inherent in an inmate’s right to an abortion and her prison’s need to regulate elective medical procedures. Here there is a challenge to the prison’s policy of requiring an inmate to obtain a court order to receive an elective medical procedure. It is urged that insisting upon judicial authorization is not reasonably related to a legitimate penological interest. The requirement is further challenged as a product of deliberate indifference to an in mate’s right to terminate a pregnancy. Finally, it is urged that…

2Cases cited30 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Estelle v. GambleSupreme Court of the United States · 1976
  3. Farmer v. BrennanSupreme Court of the United States · 1994
  4. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  5. Bell v. WolfishSupreme Court of the United States · 1979

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3Cited by142 opinions

  1. Samford v. DretkeCourt of Appeals for the Fifth Circuit · 2009
  2. Dennis Walker v. BeardCourt of Appeals for the Ninth Circuit · 2015
  3. Jones v. Salt Lake CountyCourt of Appeals for the Tenth Circuit · 2007
  4. Elphage v. GautreauxDistrict Court, M.D. Louisiana · 2013
  5. Moore v. LaSalle ManagementCourt of Appeals for the Fifth Circuit · 2022

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