United States Eighth Circuit

An elective, non-therapeutic abortion does not constitute a serious medical need, and a prison institution's refusal to provide an inmate with access to an elective, non-therapeutic abortion does not rise to the level of deliberate indifference to constitute an Eighth Amendment violation. However, under the test established by Turner v. Safley, 482 U.S. 78 (1987), the Missouri Department of Corrections' policy of prohibiting transportation for elective, non-therapeutic abortions is unreasonable under the Fourteenth Amendment.

Appellate Information

• Decided 01/22/2008
• Published 01/22/2008

Judges

• RILEY, Circuit Judge., Before WOLLMAN, HANSEN, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael Pritchett, Assistant Attorney General, argued, Jefferson City, MO, for appellant., Mailee R. Smith and Denise M. Burke, American United for Life, Chicago, IL, filing a brief amicus curiae on behalf of Senator Chuck Gross and Senator Delbert Scott., Kimberly A. Parker and Jessica L. Waters, Washington, DC, filing brief amicus curiae on behalf of American College of Obstetricians and Gynecologists, The American Medical Women's Association and American Public Health Association., Carl Micarelli, Alison Mikkor and Terrianne Muenzen, New York, NY, filed amicus brief on behalf of Chicago Legal Advocacy for Incarcerated Mothers, John Howard Association of Illinois, Legal Services for Prisoners with Children, National Association of Social Workers Missouri Chapter, Stop Prisoner Rape, and Women's Prison Association.


• For Appellees:
  
• Diana Kasdan, argued, Susan Talcott Camp and Charu A. Chandrasekhar, ACLU Foundation, New York, NY, Thomas Blumenthal, Anthony R. Rothert, and James G. Felakos, St. Louis, MO, on brief, for appellee.