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VICTORIA W. v. LARPENTER

No. 02-30598.

369 F.3d 475 (2004)

VICTORIA W., Plaintiff-Appellant, v. Jerry J. LARPENTER, Etc.; et al., Defendants, Terrebonne Parish Consolidated Government; Dave Norman, Attorney for Terrebonne Parish Consolidated Government, in his official and individual capacities; Ed Byerly, Medical Administrator of Terrebonne Parish Criminal Justice Complex, in his official and individual capacities; Charles Spence, Dr., Medical Director of Terrebonne Parish Criminal Justice Complex, in his official and individual capacities; Unidentified Parties, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 30, 2004.

Attorney(s) appearing for the Case

Linda Ann Rosenthal (argued), Center for Reproductive Law & Policy, New York City, William E. Rittenberg, Rittenberg & Samuel, New Orlans, LA, for Plaintiff-Appellant.

Danna Elizabeth Schwab (argued), Schwab, Schwab & Fondren, Houma, LA, for Defendants-Appellees.

Before HIGGINBOTHAM, STEWART and PRADO, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This suit has its genesis in the tension inherent in an inmate's right to an abortion and her prison's need to regulate elective medical procedures. Here there is a challenge to the prison's policy of requiring an inmate to obtain a court order to receive an elective medical procedure. It is urged that insisting upon judicial authorization is not reasonably related to a legitimate penological interest. The requirement is further...

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