Published January, 2019
Bracey v. Huntingdon County, 2018 U.S. Dist. LEXIS 119990 (M.D. Pa., July 19, 2018)
In the latest iteration of a case that has gone to an appellate court and back, a U.S. District Judge in Pennsylvania has dismissed an inmate’s lawsuit alleging that his constitutional rights were violated when his blood was forcibly drawn to test for HIV and hepatitis C after he was involved in a physical fight with prison staff. Corey Bracey, the inmate, had declined staff’s request that he voluntarily submit to a blood test, so prison officials sought a court order compelling him to do so. The court did issue that order, Bracey sued two prison officials, including a lawyer, pro se, arguing that prison officials abused legal process and violated his due process rights by seeking the court order, which he submitted was broader than the Pennsylvania statute permitted. Specifically, Bracey challenged the issuance of an order requiring him to submit to hepatitis testing under a statute that only mentioned HIV.
The District Court affirmed a magistrate judge’s recommendation that the suit be dismissed. The Court found no constitutional due process violation, writing that Bracey had diminished constitutional rights as an inmate and that Bracey was afforded sufficient process to oppose the order. Moreover, the Court found that the abuse of process claim failed because there was no clear precedent on the question of whether the HIV law also included other similar diseases.
While the Court did not opine on the merits of Bracey’s claim that the HIV law was improperly employed to secure hepatitis testing, the case is notable as an indication that states are using HIV-specific laws and policies to secure orders and enforce policies concerning other diseases, especially hepatitis.
Thanks to New York Law School Professor Arthur Leonard’s LGBT Law Notes for its analysis of the case.
Copyright Information: CHLP encourages the broad use and sharing of resources. Please credit CHLP when using these materials or their content. and do not alter, adapt or present as your work without prior permission from CHLP.
Legal Disclaimer: CHLP makes an effort to ensure legal information is correct and current, but the law is regularly changing, and the accuracy of the information provided cannot be guaranteed. The legal information in a given resource may not be applicable to all situations and is not—and should not be relied upon—as a substitute for legal advice.