Prison Law Blog

Sara Mayeux

Posts Tagged ‘transgender

Seventh Circuit: Wisconsin’s “Inmate Sex Change Prevention Act” Violates the Eighth Amendment

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Surely, had the Wisconsin legislature passed a law that DOC inmates with cancer must be treated only with therapy and pain killers, this court would have no trouble concluding that the law was unconstitutional. Refusing to provide effective treatment for a serious medical condition serves no valid penological purpose and amounts to torture. — Fields v. Smith, 7th Cir., Aug. 5, 2011

The Seventh Circuit recently struck down a 2005 Wisconsin law, the “Inmate Sex Change Prevention Act,” that barred prison doctors from prescribing hormone treatment or sex reassignment surgery for transgender prisoners. The Seventh Circuit panel of Gottschall (a district judge sitting by designation), Rovner, and Wood held that the statute violates the Eighth Amendment ban on cruel and unusual punishment, affirming a ruling by Wisconsin federal district judge Charles Clevert. (While Clevert’s ruling also found a Fourteenth Amendment Equal Protection Clause violation, the Seventh Circuit did not reach that issue, striking the law solely on Eighth Amendment grounds.)

Writing for the panel, Judge Gottschall (PDF here) summarizes the expert testimony offered at trial about the “feelings of dysphoria” caused by Gender Identity Disorder (GID):  Read the rest of this entry »

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“Sexual Assault and Abuse Rampant in Immigration Detention Centers”

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That’s the headline of this Campus Progress report (h/t: Adam Serwer). Immigration detention generally happens in private prisons run by the Corrections Corporation of America or county jails that contract with ICE. LGBT detainees are especially at risk:

And at the San Pedro Service Processing Center in California, a guard forced a transgender woman to repeatedly perform oral sex on him while she waited for her attorney in a holding cell. Even after she reported the incident, the staff took so long arranging for evidence collection that she was forced to wait overnight to wash out her mouth.

Violence against LGBT detainees, in particular, is a growing problem, as they are especially vulnerable within the detention system. In addition to being singled out for harassment as a result of their sexual orientation or gender identity, transgender women often face the added risk. They are often housed with male detainees and supervised by male guards. Under those conditions, transgender women are even more susceptible to violence than those held in women-only facilities. …

Unfortunately, efforts to safeguard this particularly vulnerable population have proven distinctly harmful as well. For instance, when the Inter-American Commission on Human Rights (IACHR) conducted site visits of seven Southwest detention centers last year, they were troubled to find that some facilities attempted to protect LGBT detainees by keeping them in solitary confinement—a harshly punitive measure often used in prisons to discipline disobedient criminal inmates.

Written by sara

October 20, 2010 at 9:27 am

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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