23-c-2 Elective Procedures
| Library | A Jailhouse Lawyer's Manual (2020 Edition) |
23-C-2. Elective Procedures
Generally, you will not be able to win on a claim that prison officials violated your Eighth Amendment rights based on their refusal to perform an elective procedure on you.102 An elective procedure is an optional procedure that you would benefit from but that is not immediately necessary for your survival or relative well-being. Remember that the Supreme Court has held that the Constitution does not promise comfortable prisons and that conditions may be "restrictive and even harsh."103
However, prison officials are not allowed to call a necessary procedure "elective" just to avoid having to provide it.104 Furthermore, if your condition gives you continual pain or discomfort for a long period of time, you may be able to bring a claim that your condition is sufficiently serious to warrant an...
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