Legal Opinion

Scott Gibson v. Bryan Collier

Court of Appeals for the Fifth Circuit

Decided March 29, 2019No. 16-51148PublishedCited by 78 opinions

1Opinion of the Court

JAMES C. HO, Circuit Judge:

A state does not inflict cruel and unusual punishment by declining to provide sex reassignment surgery to a transgender inmate. The only federal court of appeals to *216 decide such a claim to date has so held as an en banc court. See Kosilek v. Spencer , 774 F.3d 63 , 76-78, 87-89, 96 (1st Cir. 2014) (en banc). The district court in this case so held. And we so hold today.

Under established precedent, it can be cruel and unusual punishment to deny essential medical care to an inmate. But that does not mean prisons must provide whatever care an inmate wants. Rather, the…

Also in this document: Dissent.

2Cases cited51 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Estelle v. GambleSupreme Court of the United States · 1976
  4. Farmer v. BrennanSupreme Court of the United States · 1994
  5. Gregg v. GeorgiaSupreme Court of the United States · 1976

46 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. Adree Edmo v. Corizon, Inc.Court of Appeals for the Ninth Circuit · 2019
  2. Mark A. Campbell v. Kevin KallasCourt of Appeals for the Seventh Circuit · 2019
  3. Maria Arenas v. John CalhounCourt of Appeals for the Fifth Circuit · 2019
  4. K.C. v. Individual Members of the Medical Licensing BoardCourt of Appeals for the Seventh Circuit · 2024
  5. Haverkamp v. LinthicumCourt of Appeals for the Fifth Circuit · 2021

73 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API