Can a prison medical director force an inmate to undergo surgery without their consent?

MultiRegion, United States of America

The following excerpt is from Brown v. Gastello, No. 2:15-cv-1156-MCE-EFB P (E.D. Cal. 2016):

also with the needs of the institution. Prison administrators have not only an interest in ensuring the safety of prison staffs and administrative personnel, . . . but the duty to take reasonable measures for the prisoners' own safety."); see also Runnels v. Rosendale, 499 F.2d 733, 735 (9th Cir. 1974) ("Allegations that prison medical personnel preformed major surgical procedures upon the body of an inmate, without his consent and over his known objections, that were not required to preserve his life or further a compelling interest of imprisonment or prison security, may [be sufficient to state a cognizable Fourteenth Amendment due process claim]."). The bare allegations that prison officials forced upon plaintiff various exams, tests, or medications as a condition to providing him life-saving hemodialysis treatments fail to state a plausible due process claim. Plaintiff has not shown that the "forced" medical tests and procedures were not reasonably related to a legitimate penological interest.

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