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June 30, 2010

Fascinating Ninth Circuit ruling on whether prisoners have medical privacy rights

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.

June 30, 2010 at 04:04 PM | Permalink

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Comments

The thought police are alive and well. Lets see who used asylums to control dissent? Well, recently it has been our chinese friends.

"Likely to engage in sexually predatory behavior" By whose standard is it likely? By whose standard is it predatory? Are the standards valid? Repression and social control are easy if one is "compelled to submit to medical examination for the benefit of the public, to determine whether because of mental disease."

The line drawing is getting fuzzy and that means the net is getting bigger. Maybe your likely predatory behavior, sexual or not, is next.

Posted by: k | Jun 30, 2010 11:32:23 PM

The doctor says to both of you, "Congratulations. You are pregnant."

Within a week, the ads for baby products are filling your mailbox. You wonder, is there anyone in the country that does not know we are Pregnant?

One assumes that the insurance company uses the diagnosis code as a mailing list profit generator. Of course, the insurance company is paid by and is an agent for the employer. Had the doc said, I am sorry. You are HIV positive, and you will generate medical expenses. Start looking for pretext buiilding to get rid of the employee.

Posted by: Supremacy Claus | Jul 1, 2010 7:21:55 AM

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