DeWayne D. Knight v. Thomas Grossman, Jr.
SocialSecurity DueProcess Punishment Privacy
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.
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