Sama v. Hannigan
United States Court of Appeals for the Fifth Circuit
669 F.3d 585 (2012)
Carrie Sama (plaintiff), a state prison inmate under the control of the Texas Department of Criminal Justice (TDCJ), was transported to the University of Texas Medical Branch (UTMB) for medical treatment related to cervical cancer. UTMB had contracted with the TDCJ to provide medical care to state prison inmates. While at the UTMB, Sama was treated by Dr. Edward Hannigan (defendant) and other physicians, including Dr. Michelle Benoit (defendant) (collectively the physicians). The physicians agreed that Sama was in need of a radical hysterectomy surgical procedure. Sama told the physicians that she wanted them to save her left ovary, if possible. Her right ovary had been removed during a previous surgical procedure in an effort to treat the cancer. Immediately prior to the operation, the physicians informed Sama that the likelihood of saving her left ovary was extremely low, but that the decision would be made during surgery. During the operation, the physicians concluded that Sama’s left ovary was “grossly abnormal” and needed to be removed. Subsequently, Sama filed suit in federal district court against the physicians and other state officials under 42 U.S.C. § 1983 for violating her Eighth and Fourteenth Amendment rights in removing her left ovary without consent. The physicians moved for summary judgment on qualified immunity grounds. The district court granted the physicians’ motion. Sama appealed.
Rule of Law
Holding and Reasoning (Owen, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.