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- Title
WHY (AND HOW) THE CONSTITUTION SHOULD PROTECT PRISONERS FROM GRATUITOUS DISCLOSURE OF THEIR HIV/AIDS STATUS.
- Authors
Schweers, Dillon
- Abstract
The article argues that the Fourteenth Amendment's Due Process Clause should protect prisoners from isolated disclosures which means that prisoners should have a section 1983 cause of action against guards or other prison officials who disclose their HIV/AIDS status in a gratuitous manner. Topics include existing legal framework for constitutional privacy rights and why other circuits should not follow the Fourth Circuit's holding concerning the privacy rights of incarcerated people.
- Subjects
UNITED States. Constitution. 14th Amendment; DUE process of law; PRISONERS; CORRECTIONAL personnel; PRISON personnel; RIGHT of privacy; CIVIL rights
- Publication
William & Mary Law Review, 2023, Vol 65, Issue 2, p459
- ISSN
0043-5589
- Publication type
Article