Prison Law Blog

Sara Mayeux

Posts Tagged ‘national center for lesbian rights

“‘I Was Scared to Sleep’: LGBT Youth Face Violence Behind Bars”

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That’s the headline of this Nation article by Daniel Redman of the National Center for Lesbian Rights. The article makes the important point that for many incarcerated LGBT youth, their problems began long before they arrived in jail:

LGBT kids are often targeted for sexual assault. A 2009 Department of Justice report shows that across the country, LGBT youth are twelve times more likely than straight youth to report being sexually assaulted by a fellow inmate. In Louisiana alone, 10 percent of all youth–gay and straight–reported abuse by a staff member. Krystal reports that she was propositioned twice by guards when she was 14. When she refused, she was verbally abused and called a “bitch.”

An LGBT youth’s problems with the law frequently begin at home. “LGBT youth are more likely to be arrested than straight youth because they’re more likely to be pushed out of their homes,” says Dr. [Marty] Beyer. And “family rejection is a direct pipeline to the juvenile justice system,” says San Francisco State University researcher Caitlin Ryan of the Family Acceptance Project. While only 3-10 percent of Americans are lesbian, gay, bisexual or transgender, LGBT youth make up 15 percent of the prison population. Indeed, one-quarter of all LGBT youth are kicked out of their homes or run away. Compared to their heterosexual peers, incarcerated LGBT youth are twice as likely to report abuse at the hands of family members, homelessness or state-ordered foster placement. A shocking estimated 20-40 percent of homeless youth identify as LGBT.

As always, to learn more about sexual violence in America’s prisons, visit the website of Just Detention International, which is packed with information, news updates, and suggestions for how you can take action.

Written by sara

June 21, 2010 at 12:21 pm

Federal Court Allows Transgender Inmate’s Lawsuit over Medical Treatment to Go Forward

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Above: Trailer for the 2006 Outcast Films documentary “Cruel and Unusual

A U.S. district court judge in Massachusetts has denied the government’s motion to dismiss a transgender inmate’s lawsuit alleging she was denied appropriate treatment for Gender Identity Disorder (GID). The case will now proceed towards trial. The plaintiff, Vanessa Adams, is a federal inmate who was diagnosed with GID in 2005, and thereafter made repeated requests to the Bureau of Prisons (BOP) that she be provided with treatment, including psychological treatment and hormone therapy. After her requests were denied, she attempted suicide several times and eventually removed her own genitals. She is being represented by three nonprofit legal organizations — the National Center for Lesbian Rights, Florida Institutional Legal Services, and Gay & Lesbian Advocates and Defenders — along with the national law firm Bingham McCutchen. You can read more about the case and download the plaintiff’s complaint here. The decision is available as a PDF here.

The specific policy Adams challenges is the BOP’s so-called “freeze-frame” policy. Under this policy, the BOP will provide treatment for inmates with GID but only at the level they were receiving prior to their incarceration. That means inmates like Adams, who was only diagnosed after she got to prison, are ineligible for any treatment. (See BOP Program Statement BOP P6031.01(30) — PDF p. 43.) At the motion-to-dismiss stage, the legal issues were mootness and venue. Notably, the judge denied the government’s argument that because the BOP is now providing Adams with hormone therapy, the case is moot: “If this court were to dismiss Plaintiff’s claims at this juncture, based on nothing more than Defendants voluntary cessation of the challenged conduct, without even so much as an assurance from Defendants that the challenged conduct will not recur, it would ‘leave the defendant[s] . . . free to return to [their] old ways'” (PDF p. 10).

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