· 9/11/2002
Jane Ellyn Benson v. Cal Terhune, Director Susan E. Poole, Warden
Citations
- 304 F.3d 874
- 2002 Daily Journal DAR 10502
- 2002 Cal. Daily Op. Serv. 9346
- 2002 U.S. App. LEXIS 18646
- 2002 WL 31017671
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing the Third Circuit’s recognition of the right to medical information as set forth in Napoleon and describing it as a “reasonable application of Supreme Court precedent”
- discussing the Third Circuit’s recognition of the right to medical information as set forth in Napoleon and describing it as a “reasonable application of Supreme Court precedent”
- no affirmative duty for non-prescribing prison staff to provide information about medication to patient who took treatment without asking for further information
- “The due process clause of the Fourteenth Amendment substantively protects a person’s rights . . . to refuse unwanted medical treatment, and to receive sufficient information to exercise these rights intelligently.” (citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Schroeder, Fisher, Paez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.