Reading Room Document
Authority of Bureau of Prisons Physicians to Perform Autopsies
The document discusses the authority of Bureau of Prisons physicians to perform autopsies on deceased inmates without the consent of next of kin or approval by state officials. The conclusion reached in the document is that legislation is necessary to empower the Bureau of Prisons to conduct autopsies without consent when reasonably necessary to perform their functions. The document also presents questions for review, such as the need for legislation to resolve technical difficulties, limit tort liability, and address the religious implications of conducting autopsies without consent. It also raises the question of whether regulations could provide the necessary authority, and whether the constitutional rights of the deceased's next of kin could be infringed upon by conducting autopsies without consent.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit