AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for
Jails, Prisons and Detention Facilities
Abortion
Monthly Law Journal Article: Prisoner
Procreation and Abortion Issues, 2007 (11) AELE Mo. L.J. 301.
Missouri Department
of Corrections' policy of not providing transportation for inmates' elective,
non-therapeutic abortion is unreasonable under the due process clause of
the Fourteenth Amendment. The court also rules, however, that elective
non-therapeutic abortions are not a serious medical need, and that a prison's
refusal to provide such an abortion is not deliberate indifference for
purposes of an Eighth Amendment claim. Roe v. Crawford, No. 06-3108
2008 U.S. App. Lexis 1185 (8th Cir. 2008).
. U. S. Supreme Court
vacated a temporary stay order issued by Supreme Court Justice Clarence
Thomas that prevented a Missouri prison inmate from obtaining an abortion.
The Missouri prisoner, who was pregnant when incarcerated on a parole violation,
had obtained an order from a federal trial court requiring the state to
provide access to an abortion by providing transportation to a clinic 80
miles away, despite a Department of Corrections policy under which such
transportation is not provided for abortions that the Department does not
deem "medically necessary." The prisoner reportedly planned to
pay for the abortion herself. The Supreme Court action, which was a brief
two-sentence order, with no dissents, had the effect of reinstating the
trial court's order. Crawford v. Roe, No. 05A333, 2005 U.S. Lexis 7841,
74 U.S.L.W. 3270. [N/R]
Prison policy of requiring inmate to get
a court order to obtain an elective abortion did not violate her constitutional
rights. Victoria W. v. Larpenter, No. 02-30598, 2004 U.S. App. Lexis 8602
(5th Cir.). [2004 JB Jun]
Correctional facility's policy requiring
pregnant prisoner to obtain a court order for and pay all costs of a non-therapeutic
abortion, which allegedly prevented a prisoner from obtaining a timely
abortion while incarcerated did not violate her Fourteenth Amendment rights.
Federal court rules that the prisoner's demand for a non-therapeutic abortion
for financial and emotional reasons was not a "serious medical need"
for purposes of an Eighth Amendment claim. Victoria v. Larpenter, 205 F.
Supp. 2d 580 (E.D. La. 2002). [2002 JB Nov]
284:121 Denying female prisoner access to
abortion services violated her rights and constituted deliberate indifference
to the serious medical needs of a pregnant prisoner. Doe v. Barron, 92
F. Supp. 2d 694 (S.D. Ohio 1999).
It was not an abuse of discretion to refuse
female prisoner's request to proceed under a pseudonym in her lawsuit alleging
that she was denied funds for transportation and medical expenses for abortion
services; prisoner's identity was already known to defendant, state corrections
department, and correctional employees. M.M. v. Zavaras, #96-1507, 139
F.3d 798 (10th Cir. 1998). [N/R]
Federal prison officials and employees entitled
to qualified immunity for failing to facilitate female bank robber's desire
to obtain an abortion. Gibson v. Matthews, 926 F.2d 532 (6th Cir. 1991).
Administrative delays in scheduling female
detainee's abortion, resulting in birth of child, did not deprive her of
her right to privacy or due process; delay was mere negligence at worst,
insufficient to show a constitutional violation. Bryant v. Maffucci, 923
F.2d 979 (2nd Cir. 1991).
Prison officials not liable for mere negligence
in denying female prisoner access to abortion facilities. Gibson v. Matthews,
715 F.Supp. 181 (E.D. Ky. 1989).
Federal appeals court holds unconstitutional
county policy requiring court ordered releases for prisoner elective abortions;
may have to provide funding. Monmouth Co. Corr. Inst. Inmates v. Lanzaro,
834 F.2d 326 (3d Cir. 1987).
Federal appeals court holds unconstitutional
county policy requiring court ordered releases for prisoner elective abortions;
may have to provide funding. Monmouth Co. Corr. Inst. Inmates v. Lanzaro,
834 F.2d 326 (3d Cir. 1987).
Co. must pay for inmate abortions. Monmouth
Co. Correct. Inst. Inmates v. Lanzaro, 643 F.Supp. 1217 (D.N.J. 1986).