Whether a claim for violation of a prisoner-patient's Fourteenth Amendment right to informed consent requires a showing of deliberate indifference and proof of refusal or whether the approach adopted by a majority of circuits should control

QUESTION PRESENTED Whether a claim for violation of a prisonerpatient’s Fourteenth Amendment right to informed consent requires a showing of deliberate indifference and proof of refusal or whether the approach adopted by a majority of circuits should control, which applies a balancing test weighing, on one hand, the state’s interests in providing for the basic needs of prisoners and, on the other hand, the prisoner’s right to such information as_ is reasonably necessary to make an informed decision to accept or reject proposed treatment as well as a reasonable explanation of the viable alternative treatments available. RELATED CASES STATEMENT DeWayne D. Knight v. Thomas Grossman, Jr., M.D., No. 2:16-cv-01644, U.S. District Court for the Eastern District of Wisconsin. Judgment entered March 21, 2019. DeWayne D. Knight v. Thomas W. Grossman, Jr., M.D., No. 19-1740, U.S. Court of Appeals for the Seventh Circuit. Judgment entered October 31, 2019. Petition for Rehearing En Banc denied December 17, 2019.