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...