Does a prison officer have the authority to seek injunctions or declaratory relief in a medical malpractice case?

California, United States of America


The following excerpt is from Thor v. Superior Court, 21 Cal.Rptr.2d 357, 5 Cal.4th 725, 855 P.2d 375 (Cal. 1993):

As we explain subsequently, neither administrative regulation nor the Eighth Amendment authorizes prison officials to disregard a competent prisoner's refusal to consent to medical treatment. (See, post, pt. III.B. and fn. 15.) Nevertheless, we find that petitioner's concern for a judicial determination of his duty in these circumstances justifies resolution by this court. (Cf. Code Civ.Proc., 525 et seq. [injunctive relief], 1138 [declaratory relief]; Donaldson v. Lungren (1992) 2 Cal.App.4th 1614, 4 Cal.Rptr.2d 59.)

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