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N.D.Tex.: Forced catheterization for a urine sample of a prisoner on a hunger strike was not unreasonable search

By John Wesley Hall, Jr.

Forced catheterization for a urine sample of a prisoner on a hunger strike was not an unreasonable search where it was clearly medically necessary. Hurrey v. Unknown Tech Med. Person “A”, 2010 U.S. Dist. LEXIS 106035 (N.D. Tex. September 15, 2010): Plaintiff appears to argue that court authorization was necessary for the forced catheterization; however, a court order is not required for an involuntary medical procedure. Prison officials are not required to allow an inmate to harm himself or commit suicide by fasting. Even force-feeding an inmate under those circumstances is not a violation of his civil rights. See, e.g., Martinez v. Turner, 977 F.2d 421, 423 (8th Cir. 1992) (rejecting claim that force-feeding an inmate after seven days on a hunger strike was unconstitutional)...continue to full post

Full post as published by Fourth Amendment on October 10, 2010 (boomark / email).