AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law
for Jails, Prisons and Detention Facilities


     Back to list of subjects             Back to Legal Publications Menu

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).

Back to list of subjects             Back to Legal Publications Menu