Descamps v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that inmate had alleged correction officials “acted with the intent to induce [plaintiff] to undergo treatment that he otherwise might have declined.”
• explaining that a “right to medical information . . . is a derivative of the right to refuse treatment” and describing the circumstances in which a prisoner may advance a claim based on such a right.
• “[A] prisoner’s right to refuse medical treatment need not be honored if legitimate penological interests require the prisoner to be treated.”
• prisoner must show that, had he received information not given to him, he would have exercised his right to refuse the proposed treatment
• “At the time of Pabon’s Hepatitis C treatment [with Interferon drug], it was clearly established that the Fourteenth Amendment confers the right to refuse medical treatment.”
• “The simple lack of due care does not make out a violation of either the substantive or procedural aspects of the Due Process Clause of the Fourteenth Amendment.”

Source: CourtListener parenthetical corpus (CC0).