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NV Prisoner's Right-to-Private-Mental-Health-Consultation Suit to go to Trial
Mark Miller, a Nevada state prisoner, received mental health consultations through his cell door. He filed grievances requesting private consultations, to no avail. He then filed suit in federal district court claiming that the denial of private mental health consultations violated his right to informational privacy pursuant to the 14th Amendment to the U.S. Constitution. The warden, E.K. McDaniel, said that if Miller had asked for privacy he would have received it, and the district court granted summary judgment to McDaniel on that basis. Miller appealed.
On appeal, the U.S. Court of Appeals for the Ninth Circuit held that the parties' opposing assertions regarding whether Miller asked for privacy created a factual dispute that precluded a grant of summary judgment. Thus, the case was remanded to the district court for a trial on the merits. See: Miller v. McDaniel, 124 Fed.Appx. 488 (9th Cir. 2005) (unpublished).
On appeal, the U.S. Court of Appeals for the Ninth Circuit held that the parties' opposing assertions regarding whether Miller asked for privacy created a factual dispute that precluded a grant of summary judgment. Thus, the case was remanded to the district court for a trial on the merits. See: Miller v. McDaniel, 124 Fed.Appx. 488 (9th Cir. 2005) (unpublished).
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Related legal case
Miller v. McDaniel
| Year | 2005 |
|---|---|
| Cite | 124 Fed.Appx. 488 (9th Cir. 2005) |
| Level | Court of Appeals |
| Injunction Status | N/A |