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Fascinating Ninth Circuit ruling on whether prisoners have medical privacy rights

By Douglas A. Berman

The Ninth Circuit issued an interesting ruling today concerning the medical privacy rights of a prisoner in Seaton v. Mayberg, No. 05-56894 (9th Cir. June 30, 2010) (available here). Here is how the main panel opinion starts and ends: We address a claim to privacy rights in his medical records of a prisoner being evaluated for civil commitment.... One who goes to a physician in order to obtain medical benefit to himself or his family has substantial privacy interests that may or may not be constitutionally protected. One who is compelled to submit to medical examination for the benefit of the public, to determine whether because of mental disease he is likely to engage in sexually predatory behavior, does not.

Full post as published by Sentencing Law and Policy on June 30, 2010 (boomark / email).