No. 19-1138

DeWayne D. Knight v. Thomas Grossman, Jr.

Lower Court: Seventh Circuit
Docketed: 2020-03-18
Status: Denied
Type: Paid
Tags: balancing-test circuit-split civil-rights constitutional-law deliberate-indifference due-process fourteenth-amendment informed-consent medical-treatment prisoner-rights
Key Terms:
SocialSecurity DueProcess Punishment Privacy
Latest Conference: 2020-09-29
Question Presented (from Petition)

Whether a claim for violation of a prisonerpatient's Fourteenth Amendment right to informed consent requires a showing of deliberate indifference and proof of refusal or whether the approach adopted by a majority of circuits should control, which applies a balancing test weighing, on one hand, the state's interests in providing for the basic needs of prisoners and, on the other hand, the prisoner's right to such information as is reasonably necessary to make an informed decision to accept or reject propos ed treatment as well as a
reasonable explanation of the viable alternative treatments available.

Question Presented (AI Summary)

Whether a claim for violation of a prisoner-patient's Fourteenth Amendment right to informed consent requires a showing of deliberate indifference and proof of refusal or whether the approach adopted by a majority of circuits should control

Docket Entries

2020-10-05
Petition DENIED.
2020-07-01
DISTRIBUTED for Conference of 9/29/2020.
2020-06-29
Reply of petitioner DeWayne D. Knight filed. (Distributed)
2020-06-17
Brief of respondent Thomas Grossman, Jr., M.D. in opposition filed.
2020-04-06
Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2020.
2020-04-03
Motion to extend the time to file a response from April 17, 2020 to June 17, 2020, submitted to The Clerk.
2020-03-13
Petition for a writ of certiorari filed. (Response due April 17, 2020)

Attorneys

DeWayne D. Knight
Emily Jane GrebPerkins Coie LLP, Petitioner
Thomas Grossman, Jr., M.D.
Jason John FranckowiakOtjen Law Firm, S.C., Respondent